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The Burden of FLSA, FMLA and ADA


I was having lunch the other day with a dear friend and HR colleague and he was telling me a story that I had lived through many times before. In a nutshell, he had a manager who wanted to break the rules because it was “too burdensome” to follow them.

3 Steps to Protect Information While Leveraging Social Media

HR Daily Advisor

The number of companies maintaining a corporate presence on social media rose from 34% in 2008 to 77% in 2013 according to SHRM Survey Findings: Social Networking Website and Recruiting/Selection. partner with the law firm of Faegre Baker Daniels LLP.,

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September’s Webinar Specifically for California Supervisors


CalChamber’s HR webinar on September 20 reminds California employers of how important and essential it is to make sure supervisors are well-versed in California’s employment laws. Avoid the legal and financial perils of noncompliance.

How to HR in a growing company – A guide for every size business


When you first start a company, amid the excitement and many competing priorities, you may not be considering the vital role of human resources (HR) in growing a company. In a perfect world, all businesses would operate in strict accordance with the laws and best practices governing HR.

WIRTW #345 (the “earworm” edition)

Ohio Employer's Law

via LE Blog Is your wellness program illegal according to the EEOC? — via Washington Workplace Law Labor Relations In Murphy Oil, NLRB Reaffirms Its Stance on Class Action Waivers — via In House Obama Withdraws NLRB nominee — via The Hill’s Briefing Room.

WIRTW #368 (the “let's go Cavs” edition)

Ohio Employer's Law

It’s t-minus six days until championship fever sweeps the most victory-starved city in America. Here’s the rest of what I read this week: Discrimination. Enochs’s Wisconsin Employment & Labor Law Blog Social Media & Workplace Technology. Five Key Social Media Questions All Health Care Employers Should Consider: Question #3: How Do I Protect Patient Privacy On Social Media? — via Business Management Daily HR & Employee Relations.

WIRTW #370 (the “I’m ready for my close-up”) edition

Ohio Employer's Law

Here’s the official description of my segment: With politicians talking about job creation, you would hope government would make it easy to hire people. But the opposite is true. Pop some corn, or, if you’re out and about on a summer Friday eve, set your DVR, to get your seven-minute fix of Hyman on employment law. Here’s the rest of what I read this week: Discrimination. SCOTUS ruling on religious garb puts employers in a double bind — via HR Café.

COVID-19 pandemic: How to prepare your business


News about coronavirus disease 2019 (COVID-19 or “the coronavirus”) pandemic understandably can be unsettling, but infectious disease outbreaks need not induce panic. With those needs in mind, here’s what you need to know to plan, prepare and respond to the COVID-19 pandemic.

WIRTW #349 (the “Merry Christmas and Happy New Year, y’all” edition)

Ohio Employer's Law

With the end of the year drawing nigh, today’s post will be my last of 2014 (barring any hot-off-the-presses breaking news). Here’s what I read this week: Discrimination Santa Sued for Disability Discrimination Due to Reindeer Harassment — via Bolek Besser Glesius, LLC Ebola discrimination in your workplace, what the Department of Justice wants you to know. — via Eric Meyer’s The Employer Handbook Blog Do You Hear What I Hear?

WIRTW #501 (the “fireflies” edition)

Ohio Employer's Law

We went to see our fav, Rhett Miller, who invited Norah to share the stage and duet with him. I learned 4 things watching Norah: She’s got nerves of steel (which I kind of already knew). She can hold her own with a 30-year veteran of the industry. Discrimination.

WIRTW #358 (the “appreciation” edition)

Ohio Employer's Law

o your employees feel appreciated? Today is Employee Appreciation Day. However, if you limit your appreciation efforts to 0.38% of a year’s working days, I can flat-out guarantee that your employees do not feel appreciated (even on their “special” day).

WIRTW #365 (the “en français” edition)

Ohio Employer's Law

One of the curricular pieces I love about my kids’ school is that they start foreign language in kindergarten. When we attending Norah’s first parent/teacher conference when she was in kindergarten, I remember her French teacher telling us all about the play that would cap their year.

WIRTW #361 (the “#RaceTogether” edition)

Ohio Employer's Law

Have you heard the one about the coffee chain that wants its employees to engage customers about issues of race and racism in America? via The Emplawyerologist What the Heck is FMLA Leave?! — via Matt Austin Labor Law.

WIRTW #363 (the “iron throne” edition)

Ohio Employer's Law

Here’s the rest of what I read this week: Discrimination EEOC on Transgender Harassment, Discrimination, and Restrooms — via Phil Miles’s Lawffice Space A white employee tossed banana peels at work, and HE claims discrimination. I was a Sesame Street kid.

WIRTW #493 (the “Super Bowl” edition)

Ohio Employer's Law

Today’s goal: Strive to be the type of employer that engenders this type of loyalty in your employees. Friends Do NOT Let Friends Engage in Harassing Conduct — via Jonathan HR Law. Discrimination. via The L•E•Jer. Philly Off-Duty Employee Did WHAT?

WIRTW #484 (the “happy place” edition)

Ohio Employer's Law

Where do you take your mind when you’re just having a bad day, when you have to deal with that employee, when a client chews you out (I know, that never happens), or when you otherwise need a mental breather from the world and all of its evil and other craziness? Discrimination.

WIRTW #502 (the “AirTalk” edition)

Ohio Employer's Law

Earlier this week, the U.S. Senate made history by unanimously changing its rules to permit Senator (and new mom) Tammy Duckworth to bring her newborn onto the Senate floor while she cast votes. Yesterday, I guested on Los Angles public radio station KPCC’s AirTalk and spoke with Libby Denkmann about what this means for the future of parental leave laws in America, and why we should be ashamed that countries like Iran and Afghanistan do more for their working moms than we do.

WIRTW #375 (the “post-it” edition)

Ohio Employer's Law

Have you heard the one about the intern fired after hiding an offensive message for his employer buried within the stack of post-it notes he was sent out to purchase? Opposing Views has all the info.

WIRTW #454 (the “Oxford comma, the results” edition)

Ohio Employer's Law

Damn, does the Oxford comma have some traction. I can’t recall the last time a case as mundane as O’Connor v. Oakhurt Dairy lit up the internet. And I got curious—just how do people feel about the l’il ol’ Oxford comma. And you responded, by the hundreds.

WIRTW #437 (the “Elevate HR” edition)

Ohio Employer's Law

Elevate HR is the largest virtual HR conference in the world. And, for the second straight year, I am thrilled to be one of the more than 50 industry leaders chosen to present. Because it’s a virtual conference, you don’t even have to leave the comfort of your desk.

WIRTW #407 (the “cumin” edition)

Ohio Employer's Law

Name the two greatest characters in the history of television. If you’ve never seen the original British verion of The Office , immediately go the Netflix and watch it all. It’s only seven hours (give or take) from start to finish. Discrimination EEOC v.

WIRTW #383 (the “iOS” edition)

Ohio Employer's Law

Thanks to iOS 9, you now have a new way to read the Ohio Employer’s Law Blog. Within that News app, search for “Ohio Employer’s Law Blog” and you’ll be able to read all of my daily updates in Apple-land. via The Nation Can a company regulate employee weight and appearance? — via Tim McConville’s Labor and Employment Law Cocktail What’s your boss allowed to ask when you call in sick? —

WIRTW #472 (the “back to school” edition)

Ohio Employer's Law

Here’s what I read this week: Discrimination. Yep, that could still be age discrimination. — via Eric Meyer’s The Employer Handbook Blog. EEOC: “gentleman’s club” broke law by refusing to hire male barkeep — via Walter Olson’s Overlawyered. Facebook shuts down anonymous in-house forum over harassment — via The Verge. Ebola, Trypanophobia, And Deafness: What Does The ADA Require? — Employers: Think Losing or Destroying Records Isn’t a Big Deal?

WIRTW #390 (the “cards against HR” edition) @cardsHR

Ohio Employer's Law

I made the mistake of playing with my mom, and let’s just say that I learned some things that a child should never know about his mother, no matter their respective ages. Hilarious things, but, all things being equal, the laughs weren’t worth the memory scars.

WIRTW #490 (the “hilarious world of depression” edition)

Ohio Employer's Law

Today, I recommend that everyone check out The Hilarious World of Depression podcast. The Hilarious World of Depression is a series of frank, moving, and, yes, funny conversations with top comedians who have dealt with this disease, hosted by veteran humorist and public radio host John Moe.

WIRTW #371 (the “no more pencils…” edition)

Ohio Employer's Law

The bus picks them up and drops them off, period. So, we’ve spent the past two weeks dropping off and picking up at camp (which, for me, is 45 minutes from work, without traffic). How do other employees, and their employers, cope with this seasonal time-management dance? Here is Help for Employers Managing the Fallout. — via Employment Law Watch. Here’s the rest of what I read this week: Discrimination.

WIRTW #399 (the “happy” edition)

Ohio Employer's Law

So we’re in the car Wednesday night, and I mention to the fam that I’m excited because, today, a new Starbucks is opening downstairs from my office. Here’s the rest of what I read this week: Discrimination. via Robin Shea’s Employment & Labor Insider. Religious discrimination claim at Colorado meatpacking plant — via Walter Olson’s Overlawyered. Top Ten Tips – No Eleven – To Avoid Employment Discrimination Claims — via FisherBroyles.

WIRTW #359 (the “think outside the box” edition)

Ohio Employer's Law

The following is Donovan’s (age 6) solution of the kids’ menu word search. via In House What do you do when your pregnant employee is too big? — via HR Law Matters an employee made an anonymous complaint to OSHA — how can I stop it from happening again? —

WIRTW #422 (the “Pikachu” edition)

Ohio Employer's Law

The story of the week? Not the RNC, but Pokémon GO!, What does the blogosphere have to say about this phenomenon? Catch ‘Em All—All The Workplace Issues, That Is — via Labor & Employment Law Navigator. Pokémon Go in the Workplace: Oh Look There’s a Pikachu! — via Employment Matters Blog. The best, or at least most fun, workplace reaction to Pokémon GO — via Steve Boese’s HR Technology. Not Quite… — via The Emplawyerologist.

WIRTW #374 (the “bad choice” edition)

Ohio Employer's Law

Earlier this week, I came across the following while watching the local morning news: The consumer reporter was demoing an online t-shirt business with two female station employees modeling shirts that read,”I can make you feel cheep,” and “I can take 80% off.”

WIRTW #372 (the “bad work day” edition)

Ohio Employer's Law

From Mediate : During last Sunday’s broadcast of Fox & Friends, co-host Pete Hegseth tossed an axe to tease an upcoming segment on timbersports, missed the target, and hit a marching band percussionist standing in the distance. Or Can Employer Take Action? — Wage & Hour.

WIRTW #377 (the “…all I ever wanted” edition)

Ohio Employer's Law

According to Nielsen Consumer Research , over the past year 52% of people did not take all their paid vacation days, leaving an average of 7.2 According to The Project: Time Off Coalition : 40% fear the mountain of work they’ll face when they return to work.

WIRTW #460 (the “my favorite week of the year” edition)

Ohio Employer's Law

This week is my favorite week of the year, because five nights from now I’ll be standing front and center at the Beachland Ballroom watching the Old 97’s. Come see what all the fuss is about. Update: Earlier this week, the House passed the Working Families Flexibility Act.

WIRTW #415 (the “CB + TMR = ????”) edition

Ohio Employer's Law

That time you walked into Third Man Records before the Courtney Barnett show and ran into Courtney Barnett. As one friend put it, “She’s going to think she gets to meet the band at every show she goes to. Here’s the rest of what I read this week: Discrimination.

WIRTW #373 (the “happy birthday” edition)

Ohio Employer's Law

Happy birthday Equal Employment Opportunity Commission. The EEOC turns 50 today. via Minnesota Employer Cross-departmental work?