About Sindy Warren

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So far Sindy Warren has created 600 blog entries.

When employees don’t get along,

It can be a major problem for the workplace. Especially if said employees work in the same department, interact with the same people, and are expected to collaborate. So what can an employer do?

When employees don’t get along, 2017-03-14T14:43:49+00:00

The importance of investigator neutrality

When a workplace investigator is engaged to look into a complaint such as discrimination or harassment, it is absolutely critical that the investigator be -- and appear to be -- a neutral party.

The importance of investigator neutrality 2017-03-14T14:43:49+00:00

When tragedy hits, HR should offer support

We got terrible news Sunday.  My daughter's 5th grade teacher (she is now in 6th grade) was killed in a hit and run accident.  The school where he taught is comprised of 5th and 6th grade.  So most of the students either had a connection to him or have a friend who did.  It's a [...]

When tragedy hits, HR should offer support 2017-03-14T14:43:50+00:00

Salary negotiations: beware of the risk of unequal pay claims

The Equal Pay Act (EPA) provides that men and women are entitled to equal pay for equal work. Simple enough. But what happens if a man negotiates for himself a higher salary? Is that just business as usual, or do we have an EPA problem?

Salary negotiations: beware of the risk of unequal pay claims 2017-03-14T14:43:50+00:00

A DOL proposal for exempt employees to watch

You know how important it is to correctly classify employees as exempt (not entitled to overtime) and non-exempt (entitled to overtime). You know the Department of Labor and plaintiff's lawyers like to tag employers guilty of even inadvertent misclassifications for big money in unpaid

A DOL proposal for exempt employees to watch 2017-03-14T14:43:50+00:00

A reminder on reasonable accommodations: they often require deviations from employer policies

When an employee requests a reasonable accommodation, the employer is obligated to engage in the "interactive process," which is a dialogue between employer and employee to try to come up with a reasonable accommodation. What if an employee's proffered accommodation conflicts with a well-established rule or policy?

A reminder on reasonable accommodations: they often require deviations from employer policies 2017-03-14T14:43:50+00:00

A frequent FLSA mishap: not paying for “hours worked”

When you think of the Fair Labor Standards Act (FLSA), the first thing to pop into mind might be employee misclassification (i.e., calling non-exempt employees exempt and thereby owing lots of unpaid overtime). I know it is for me.

A frequent FLSA mishap: not paying for “hours worked” 2017-03-14T14:43:50+00:00

Retaliation claims: it doesn’t take much to find enough evidence to get to trial

A key element of any retaliation claim is a "causal connection" between the protected activity and the adverse action. How much evidence of a causal connection is necessary for an employee to get past summary judgment (a pre-trial stage in litigation when the defendant tries to get the case thrown out) and take a case to trial? Sometimes, not all that much.

Retaliation claims: it doesn’t take much to find enough evidence to get to trial 2017-03-14T14:43:51+00:00

If an employee walks out of the “interactive process,” she basically loses her claim under the ADA

A recent case makes this seemingly obvious point clear. It's good news for employers, who would do well to copy the employer's actions here. In EEOC v. Kohl's Dept Stores, decided just last month, a diabetic employee sought to have her shift changed as an accommodation under the ADA.

If an employee walks out of the “interactive process,” she basically loses her claim under the ADA 2017-03-14T14:43:51+00:00

I’m baaack . . . and a new harassment case

Happy New Year! You may have noticed I took a blogging-break the past couple of months. Well, new year and all that, and I'm back. I've got lots of renewed energy to talk all things employment law and HR as we usher in 2015.

I’m baaack . . . and a new harassment case 2017-03-14T14:43:51+00:00

What I learned at Littler’s Ohio Employer Conference

Today I attended Littler Mendelson's 2014 Ohio Employer Conference. Littler is one of the preeminent employer-side labor and employment firms in the country. I sat through several sessions on hot topics

What I learned at Littler’s Ohio Employer Conference 2017-03-14T14:43:51+00:00

How you communicate with your employees about Ebola is important

Everyone in Northeast Ohio knows that the the second nurse to have contracted Ebola flew into Akron/Canton airport a couple of weeks ago, visited Cleveland, where she began to exhibit symptoms of the disease, and then flew back to Dallas out of Akron/Canton. There has been a lot

How you communicate with your employees about Ebola is important 2017-03-14T14:43:51+00:00

When is romantic jealousy in the workplace actionable?

Romance in the workplace can be tricky business. Employers typically don't prohibit it, though, in recognition of the reality that many employees meet their significant others in the workplace. The traditional wisdom

When is romantic jealousy in the workplace actionable? 2017-03-14T14:43:51+00:00

Retaliation claims and “temporal proximity”

Courts often look to the passage of time between the protected activity (i.e., complaining about discrimination) and the adverse action (i.e., termination) in considering claims of retaliation. The generally accepted rule is that

Retaliation claims and “temporal proximity” 2017-03-14T14:43:51+00:00