The fight is continuing for former employees who claim the State of Michigan’s algorithm did them harm. For you? Don’t blindly trust the robots. Office automation is great, don’t get me wrong. But you need to test, to audit. Just as you would with a human employee.
For those of you who have employees and customers (yes, that means all of you), regardless of whether you have a separate HR department or if you’re wearing all of those hats as owner, the Society for Human Resource Management (“SHRM”) should be something you belong to. And, no, I get nothing for plugging SHRM …
Read More “SHRM’s Sexual Harassment Pop-Quiz”
No, you cannot force your employees to only speak in English. Sure, if they need to talk to customers, or if they need to convey important safety-related information between each other, you can absolutely require that those discussions be conducted in English. But while passing time in the break room? No, you cannot force employees …
Read More “Say What?”
Like a good horror movie, complying with US immigration laws can seem like a nightmare. in The Immigration Reform and Control Act of 1986 (“IRCA”) requires every employer to verify the eligibility of most of its workers. The “most” part might be startling to you? Yes, most and not all. If you have someone on your payroll …
Read More “Dreamers, Nightmares, I-9 Forms, DACA and ICE”
You probably remember being told this when you were in kindergarten — just because you can, doesn’t mean you should. Free speech is one of the most core principles of our country. Most folks don’t understand the nuance, however, that the First Amendment only deals with the government and its inability to censor your free …
Read More “Doesn’t Mean You Should”
Perhaps you’ve heard that “May Day” 2017 is shaping up to be one of the most heavily participated labor events in recent memory. Before it happens, then, you need to know what is and is not considered “protected concerted activity” under the National Labor Relations Act (“NLRA”). First and foremost – you do not need …
Read More “National May Day – is it a strike, or a swing and a miss?”
You’ve probably seen clever musings about the need for commas. “Let’s eat, Grandma!” versus “let’s eat Grandma” goes from joyful to dreadful, all for want of a lowly comma. In O’Connor v. Oakhurst Dairy, the lowly comma brought down a giant. Maine’s overtime statute says that the employer doesn’t have to pay overtime for people …
Read More “Packing a Punch(tuation)”
Remember those updates to the overtime pay threshold that we were all wringing our hands about? (It’s back here if you’d like to remember what you were supposed to remember). A few things have happened since then. One, a Texas judge issued a national injunction barring blocking the US Dept of Labor’s overtime rules from …
Read More “Nevermind…”
Generally speaking, if my boss decides that my job performance is unacceptable, I can be fired for poor performance. Pretty cut and dry. But what if my poor performance is outside of my control because I have some kind of disability? The Americans with Disabilities Act (“ADA”) prohibits discrimination against an employee because of their …
Read More “It’s All About Perceptions”
Most of you know that employees are generally “at will”, meaning you can hire/fire an employee at your discretion. Except, of course, you cannot fire someone “because” they were too old, too pregnant, too… you get the idea, in a protected class. Likewise, you generally can’t fire someone for exercising their Constitutional right of free …
Read More “Being Both Wrong and Evil”