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?

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.

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 [...]

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 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.

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.

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.

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

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

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