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Webinar

Performance Management Strategies: Finding Common G.R.O.U.N.D.

July 17th, 2018 at 11:00am CDT

Attendees of this workshop will learn best practices to identify and document performance objectives, shortcomings, goal setting, and when and how to have tough conversations with employees about sub-par performance.

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Google Hire

Thank you for attending our webinar series this week to learn more about Hire, Google's latest recruiting app. For those who missed it, you can check out a short overview here. If you wish to take action and streamline how you currently recruit, please reach out to charleshsieh@google.com to discuss next steps.

The impact of super bowl(ing)

June 12th, 2018

The impact of the super bowl(ing) will extend far beyond the almost interminable pre- and post- and game. Approach this now with a nose hit and address gambling, dress codes, productivity and attendance.

Rich Meneghello, one of our anchors and frequent hrsimple.com blog authors from Fisher Phillips, will fill you in and spares you the legalese with a split discussion: leading up to the game and the day after.

So don’t just be throwing rocks: pick a lane (not a blocked lane), set your maples, don’t be a hambone. With a clean sheet as your foundation, you can frame this not as a wash out or a turkey, but rack it up as a perfect game and maybe see a return with a cherry and not a sour apple. So leave the deadwood without a foul. Strike on, not strike out and everything will schleifer, just like it always does. Right?

Bolded terms courtesy of bowling.com.

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12 steps to handling violence in the workplace

June 12th, 2018

This blog is an excerpt from our book Workplace Safety and Health Compliance Manual by Edwin G Foulke, Jr. at Fisher Phillips. For more information, go to the Products tab above and subscribe.

  1. Adopt and publicize a zero-tolerance policy regarding threats, harassment, and violence in the workplace.

  2. Update/review employment application as well as pre-employment background checks and interviewing procedures to identify signs of potential problem applicants. Conduct thorough background investigation on all job applicants.

  3. Prepare and utilize release forms for personnel records from previous employers, course transcripts from educational institutions, certification records from training and professional organizations, credit reports from consumer credit reporting agencies and criminal conviction records from law enforcement agencies, subject to applicable federal, state and local laws.

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Workplace retaliation: don't give in to the Dark Side

June 12th, 2018

Workplace retaliation: don't give in to the Dark Side (e.g. get mad, get even, look silly). Instead, spend 8 minutes with this video from our authors at Constangy.

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Would you really want to work with a bunch of yous?

June 12th, 2018

Hiring more of you is a hiring bias. And could be illegal. And stupid (no offense). Thanks to our authors at Gunster for pointing us to 3 common hiring biases and how to overcome them at bizjournals.com.

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What is the ADA?

June 12th, 2018

The Americans with Disabilities Act (ADA) was signed by President George H. W. Bush in 1990. It became effective July 26, 1992. It was most recently amended in 2008 with proposed regulations issued in September 2009 as to these amendments.

The ADA’s purpose was to address and prohibit discrimination against persons with disabilities in matters relating to employment, housing, public accommodations, education, transportation, communication, recreation, health services, voting, institutionalization, and access to public services. According to initial Congressional findings, approximately 43 million Americans are disabled, either physically or mentally. This number will increase as the population becomes older and as the ADA Amendments go into effect. For more information, see Chapter 15, The ADA Amendments Act of 2008.

The ADA consists of five titles or sections:

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Monty Python should not write your job descriptions

June 12th, 2018

A job description is like a Monty Python sketch – you shouldn't have to explain it. @RealEvilHRLady has four pointers . . . for your job descriptions.

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FMLA definitions

June 12th, 2018

FMLA coverage for employers

As with other employment-related statutes, the FMLA applies only to certain employers. Under the FMLA, an "employer" is:

  • any person engaged in commerce or in any industry affecting commerce who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year, including:
    • any successor in interest of an employer
    • any person who acts, directly or indirectly, in the interest of an employer to any of the employer’s employees (NOTE: Several courts have concluded that supervisors can be held individually liable under this provision of the FMLA.)
  • any public agency.

The following entities are also covered by the FMLA:

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Unemployed or wear a bra – are those the only choices?

June 12th, 2018

So, the choices are wear a bra or be unemployed? Karla Miller, in her Washington Post "Workplace Advice" column, says you can define what is workplace appropriate.

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What "government shutdown" means for employers

June 12th, 2018

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide lessons on what you can expect.

Spoiler alert: it probably means more than you think it does, especially for small businesses.

Spoiler alert spoiler alert: small businesses "now is the time to enact any emergency plan you created to deal with a possible interruption of business".

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An intern by any other name

June 12th, 2018

. . . is an employee who works for free. How do you tell the difference? Our authors at Polsinelli have the NEW list of 7 factors.

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FMLA - "leave" as in "leave the employee alone"

June 12th, 2018

FMLA contains "leave", as in "the employee isn't at work" but also as in "leave the employee alone or else". See what the boundaries are to avoid the "or else" from one of our authors @Ogletree Deakins.

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 “M,” “F,” Or “X”? Nonbinary Gender Designations in the Workplace

June 12th, 2018

You are probably familiar with the concept of transgender status and, even if you haven’t already addressed such a situation at your workplace, you probably have a rough idea of how you would handle a situation involving an employee in transition. It’s time now for you to ready yourself for the next step in the 21st-century gender revolution and prepare for the day when one of your employees informs you they would prefer to be treated as “nonbinary” – that is, neither male nor female. What do you need to know about this developing issue?

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Sexual harassment – can't find it – what now?

June 12th, 2018

1. Signature 2. Thank and assure 3. Document 4. Remind and follow up 5. Look forward - five steps from our authors @fordharrisonlaw when you find no evidence of a sexual harassment complaint. That's what.

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Probationary periods

June 12th, 2018

New employee survives a probationary period: are they an employee for life, even if it was double secret and they are drunk and stupid? @RealEvilHRLady says be careful.

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