HR Compliance

Subscribe to HR Compliance via RSS

On December 8, the Equal Employment Opportunity Commission (“EEOC”) has released its draft strategic plan for public notice and comment.  Not to be confused with the revised Strategic Enforcement Plan published in September—which outlined substantive priorities for investigation and litigation—the strategic plan is akin to a company’s operational plan.
Continue Reading Some Highlights from the EEOC’s Latest Strategic Plan

Many employers have drug-free workplace policies that require employees to disclose if they are taking prescription (and perhaps over-the-counter drugs) that could affect their ability to perform the essential functions of their job safely and/or effectively. This requirement seems pretty sensible, right? But according to the Equal Employment Opportunity Commission, it violates the Americans with Disabilities Act!
Continue Reading Be Careful Asking About Employees’ (Non)Prescription Drug Use

As Maryland employers are likely aware, the General Assembly passed a paid sick leave bill (HB1) this past session, which was vetoed by Governor Hogan. The Governor has now introduced a new paid leave bill – the Paid Leave Compromise Act of 2018 – that will be filed as emergency legislation when the next legislative session opens on January 10, 2018. The General Assembly’s Democratic leaders have nonetheless stated that they still plan to override the veto, making HB1 the law.
Continue Reading Governor Hogan’s Paid Leave Compromise Bill – What Does It Really Do?

My clients are often frustrated by the anonymous (and, frankly, sometimes untruthful) postings on GlassDoor, which is a website where employers and employees can post information about their companies. Employees are emboldened by the anonymity to vent their feelings about their employer – and may even sometimes take advantage of it by making false or defamatory statements intended to put the employer in a bad light (even though they are not supposed to do so under GlassDoor’s Terms of Use – you know, that overwhelmingly long and technical document that no one ever reads). There’s usually not much that can be done, since the employees’ anonymity is generally understood to be virtually absolute, and it is difficult to get GlassDoor to remove an employee review. But those employees should beware, because that anonymity is not guaranteed, as demonstrated in a recent case.
Continue Reading Employee Warning – GlassDoor Posts May Not Always Be Anonymous

I was recently perusing the latest edition of the Equal Employment Opportunity Commission’s federal sector Digest of Equal Employment Opportunity Law (because, yes, I am that much of an employment law nerd) and came across an interesting article, “Race Discrimination in the 21st Century Workplace,” by EEOC attorney Paula Rene Bruner. The article specifically “attempt[s] to highlight newer types of race discrimination that have emerged in the 21st century federal, public, and private employment sectors.”
Continue Reading EEOC Highlights New Types of Race Discrimination

Many savvy employers know that a neutral reference policy – in which you confirm a former employee’s position, dates of employment and (maybe) salary – is typically the safest choice for avoiding a defamation claim. After all, if you don’t say much (and what you say is not negative), you can’t be sued. Of course, if you choose to say more and what you say (even if unflattering) is true, then you can also avoid liability because truth is an absolute defense to a defamation claim. But what one employer learned, to its dismay, is that you can still be sued, even if what you say is truthful.
Continue Reading Be Careful of What You Say About Your Former Employee…

Last week, the Equal Employment Opportunity Commission (EEOC) announced it was offering a training program on respectful workplaces as an alternative to traditional harassment prevention training. This training was developed following the issuance of the Report of the Co-Chairs of the EEOC’s Select Task Force on the Study of Harassment in the Workplace, The press release included a quote from EEOC Acting Chair and Co-Chair of the Select Task Force Victoria Lipnic that stated, “These trainings incorporate the report’s recommendations on compliance, workplace civility, and bystander intervention training. I believe the trainings can have a real impact on workplace culture, and I hope employers make use of them.”
Continue Reading The EEOC’s Civility Training Program – Watch Out For That NLRB Charge!

It’s Ravens-Steelers week. All talk should be on whether T-Sizzle sacks Big Ben, can Flacco start getting the ball to his wideouts, and will the Ravens regroup following their disastrous showing in London?  However, unless you are living under a rock with no Twitter account, you know what the talk is—will the Steelers stay in the tunnel again during the National Anthem (they say no), will players kneel or express their political views in any other manner, will fans start burning player jerseys in front of the stadium? This is no idle question, due to an online petition to remove the Ray Lewis statue outside the stadium after he knelt during the anthem at the last game, the Maryland Stadium Authority has placed extra security around the statue of the Ravens legend.
Continue Reading Fired for Kneeling During the Anthem? Maybe Not So Fast…

Leaf raker, babysitter, waitress, retail salesperson, lawyer. I have had many jobs. Each has had value. Often, the pay and benefits did not match the value. When the value of the job exceeded the remuneration, I looked to find the next job.
Continue Reading The Value of Labor Goes Beyond Wages