Category Archives: Human Resources

Legal Briefs for HR – Holiday 2014 Edition

  Welcome to Legal Briefs for HR!   We are wishing you and yours a happy, healthy and super fun holiday season!  In the spirit of jolly old Saint Nick, let’s check out who has been naughty and nice . . .   Wait For It – The Supreme Court announced its unanimous decision this past

Legal Briefs for HR – November 2014

Welcome to Legal Briefs for HR, the November 2014 edition.   Class Action Filed To School LinkedIn? – A handful of named plaintiffs are claiming their Fair Credit Reporting Act rights were violated by LinkedIn, when it provided  information bearing on their “general reputation, mode of living or personal characteristics” to prospective employers for a

Legal Briefs for HR – October 2014

Grab a pumpkin spice latte, get comfy, and put some knowledge in your noggin: 1. It’s All in the Numbers – The U.S. Department of Labor, Wage and Hour Division skipped a year but has finally released enforcement statistics. This is a good read, to understand where the problems lie and which of them the

How Do You Know If Your Employees Are Engaged – Blytheco’s Journey

Every company, no matter how big or small, will undergo change.  Even when change is meant to move the company in the right direction, employees can feel unsettled and can disconnect from the organization. When your workforce loses clarity about the organization’s vision, managers struggle to get team buy-in and locations and departments become siloed. 

Legal Briefs for HR – August 2014

Here’s what’s heating up: Mama Mia! – On July 14, the EEOC published enforcement guidance, a fact sheet and Q&A toward changing how employers address temporary impairments arising from pregnancy.  All three documents can be accessed at  This guidance upends the notion that pregnancy and its related medical conditions are not “disabilities” under the

Legal Briefs Update for HR – July 2014

Declare your independence from employment errors by learning from others’ mistakes:   Noncompete Noose Tightening – Just last month, I wrote about noncompetes that were unenforceable because they were either too broad (an AR case) or for lack of consideration when the employer imposed a new noncompete on current employees while superseding the “old” enforceable

Legal Briefs for HR May 2014

School’s almost out but your education never ends . . . read on: 1. Your Presence is Not Required – The Sixth Circuit has held, in an Americans with Disabilities Act (ADA) case, that “attendance” as an essential function of the job does not necessarily mean the employee must be physically within the workplace, opening

Legal Briefs Update for HR – April 2014

1. College Coach Slam Dunked by Own Resume – First, learn to coach as an assistant under Rick Pitino at the University of Louisville. Second, land your first head coaching gig at Manhattan College and work your way into the national scene as a young coach with much promise. Third, lose to the defending NCAA

Legal Briefs for HR – July 2013

1. Breaking News – The Obama administration announced today that it would for a year, until 2015, the Affordable Care act mandate that employers provide coverage for their workers or pay penalties. 2. Who’s the Boss? – In 1998, the Supreme Court announced the standard for employer liability under Title VII when a supervisor harassed

Legal Update for June 2013

It’s summertime, and here’s what’s heating up: 1. Safety Dance – OSHA issued an April 5, 2013 letter opining that employees of a workplace that has no collective bargaining agreement may designate a labor union or community organization to act on their behalf during the walk-around portion of an OSHA inspection AND one or more

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