https://vimeo.com/362121935 We are excited to share the first installment of our newest video series, 10 Steps Every Company Should Take When Conducting Workplace Investigations. This series is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process. Each video in this series will offer practical tips on everything from creating the investigation plan; interviewing relevant parties; and dealing with the aftermath of the…

Can language in the workplace, even if uttered during otherwise protected conduct, lose its “protected” status under the National Labor Relations Act (NLRA) because the language is too offensive?  The answer is, generally, yes. Prior NLRB Rulings Protected Offensive Language However, in several rulings, the Obama-era National Labor Relations Board (NLRB) ruled that certain speech, which was patently offensive, nonetheless retained its protected status.  On September 5, 2019, the current NLRB invited briefs on the…

Join us for a complimentary seminar where we will review a broad range of topics pertaining to accommodation issues under the ADA and provide guidance for employers managing these issues. 7:30 a.m. – 8:00 a.m. Registration and Breakfast 8:00 a.m. – 10:30 a.m. Program Our panels will cover a broad range of topics, including: How to identify (and help supervisors identify) when an employer’s obligations under the ADA may come into play Engaging in the…

I recently provided insight for an article in HR Dive on ageism in the workplace and how employers can address these stereotypes. Ageism can come in many forms in the workplace. For example, a typical stereotype can include expecting an older employee to have a problem adjusting to the new computer system, believing they will be resistant to change or wondering how an older employee is going to “keep up” with the job’s demands.…

I recently discussed a case currently under review by the Eleventh Circuit Court that should provide clarity on whether, and under what circumstances, a licensed professional counselor or therapist can be a “healthcare provider” – and therefore qualified to verify a need for leave – under the Family & Medical Leave Act (FMLA). The case centers around an employee who was fired from her job the same day she met with a licensed counselor who…

In an article published by the Nashville Business Journal, we urge employers to get ready for the U.S. Equal Employment Opportunity Commission’s data reporting. Although facing criticism, the U.S. Equal Employment Opportunity Commission (EEOC) is moving forward with its pay data collection, and with the reporting deadline set for September 30, employers should prepare now. Employers with more than 100 employees and any federal contractors with more with 50 employees are required to submit an…

I recently provided insight for an article outlining how companies should discuss retirement plans with their older employees. I explained that an annual review period would be an appropriate time to discuss an employee’s upcoming plans for retirement and any need for success planning. “Employers should pose questions to employees about retirement plans with the sole goal of understanding staffing needs for future workforce planning,” I explained. “This discussion should be general in nature, should…