Legal Issues

Keep It Legal: Can bossware cure quiet quitting?

September 30, 2022
We’ve all been inundated with the new buzzword “quiet quitting,” doing just the bare minimum to meet expectations. But coasting on the job is nothing new. What is new is spying on workers to make sure they are working, not surfing Facebook, playing Minecraft or tweeting away on Twitter.

Of balls and strikes, discrimination and documentation

September 22, 2022
Major League Baseball has an umpire problem this season. However, one umpire has drawn the ire of players and fans for decades—and he has been embroiled in a discrimination lawsuit against Major League Baseball since 2017.

Cybervetting: Is it legal?

September 22, 2022
Savvy recruiters are increasingly looking for digital footprints to vet prospective candidates. Is it legal?

Twin perils: ‘Quiet quitting’ and ‘quiet firing’

September 15, 2022
Two buzzwords have been making the rounds in HR. “Quiet quitting” describes the practice of employees doing the bare minimum required of their jobs, not caring if they get fired. Then there’s “quiet firing,” which describes the flip-side—when employers passively try to push employees out the door Both practices carry huge risks for employers.

Conduct audit to assess balanced workplace

September 1, 2022
Discrimination lawsuits can pop up from out of nowhere. That leaves HR scrambling to prove there has been no inadvertent discrimination. Prepare to do better.

Can we fire someone just for being arrested?

August 26, 2022
Q: “Our HR Director has been arrested and is in jail for a DUI. The company currently has 230 employees. Can we terminate the employee for being arrested?” – Anonymous

Swearing at work: When is it considered harassment?

August 18, 2022
According to one survey, 57% of American employees admit to swearing at work. But where is the line between swearing as harmless workplace banter and swearing as harmful, unlawful harassment?

Be wary of bias against childless employees

August 18, 2022
The percentage of Americans who are childless by choice is growing—and that could soon trigger more resentment and legal issues in your workplace.

Don’t make this $10 million vaccine mistake

August 11, 2022
First, the bad news: An employer recently agreed to pay $10 million to a group of employees who refused to be vaccinated against covid-19 for religious reasons. The good news: The same fate won’t befall your organization if you follow some simple steps that balance religious objections against business and organizational needs.

Ensure exempt teleworkers are properly classified

August 4, 2022
If you have exempt employees who work remotely, be sure they really are exempt. It’s important because it is difficult to track teleworkers’ time. If they have been misclassified, you could violate the Fair Labor Standards Act in two ways: failing to pay overtime and failing to properly track all hours worked.