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► Preventing Workplace Violence Through Situational Awareness

June 27, 2022

“What can we do?” – This is among the most common questions I get after a major incident of violence. It’s not uncommon for there to be a heightened interest for a while, then things go back to “normal.” However, things feel different this time. As I’m ...

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► Red Flag Flying: Tips for Detecting Employee Theft

June 22, 2022

Sadly, in the past 12 months, I have been hired to investigate or assist in investigating employee embezzlement more times than in the past 15 years combined. Embezzle-ment is the theft or misappropriation of funds or property placed in one’s trust, belonging to one’s employer. ...

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► Monitoring Employee Social Media

June 20, 2022

Social media is ubiquitous. With our use of social media at an all-time high, employers must take extra care to protect company information. In a world in which employees are live streaming their “everything” on social media, employers must determine whether to monitor employee social ...

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► FAQ: Pitfalls of a Performance Improvement Plan (PIP)

June 17, 2022

Question: We have an employee who is on a performance improvement plan, and is consistently sending out divisive and mean-spirited emails. This employee often accuses leadership of harassment so we want to make sure our policies could not be deemed as retaliation or harassment. One ...

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► Disability Accommodations in Post-Pandemic Work-from-Home

June 15, 2022

In years past, employees who requested remote working arrangements were often met with strong resistance from managers, who viewed such requests as excuses to shirk responsibilities. Holding firm to a “face time” mentality, many members of management believed employees simply ...

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► 5th Circuit: One Racial Slur Is Enough to Win Lawsuit

June 13, 2022

After years of dithering, the U.S. 5th Circuit Court of Appeals (which covers Texas) recently decided a single racial slur (one in particular) standing alone can create an unlawful hostile work environment entitling the employee to mental anguish and punitive damages and an award of fees to the ...

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► New DOL Guidance About Employer Retaliation

June 10, 2022

Retaliation continues to be at the top of the federal government’s priority list. In March 2022, the U.S. Department of Labor (DOL) issued a new field assistance bulletin titled  Protecting Workers from Retaliation , which addresses worker protections from retaliation under laws ...

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► Whose Problem is Customer Harassment?

May 24, 2022

What business doesn't value its customers? After all, the customer is always right. The trouble is, customers are people, too, and people come with a variety of biases and bad behavior that can create issues for employers. In other words, racist, sexist, or discriminatory customers can ...

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► DOL Again Looks to Hike FLSA Salary Threshold

May 20, 2022

In September 2019, the U.S. Department of Labor (DOL) expanded the Fair Labor Standards Act’s (FLSA) overtime coverage to more than one million workers. In response, employers everywhere readied themselves for a potentially seismic shift. Calls to legal counsel, workforce audits, and wage ...

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► FAQ: How Do We Handle Talking Politics at Work?

May 18, 2022

Question: How do you handle politics in the workplace? We’ve had an employee post campaign stickers and another employee taking them down. Answer: Employers have the responsibility to enforce workplace rules, promote cooperation, insist on civility and respect, and, most of ...

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