D. Albert Brannen

D. Albert Brannen is the managing partner of the Atlanta office of Fisher & Phillips LLP, a national law firm that represents employers across the country in labor, employment, employee benefits, business immigration, workplace safety and civil rights matters. He can be reached at dabrannen@laborlawyers.com or 404-240-4235.

Articles by D. Albert Brannen

• Tips for promoting a more civil workplace

  Monday, November 23, 2020

  2020 has been a year of unprecedented challenges for everyone, including employers. Aside from the worst pandemic in a century and an inordinate number of natural disasters, social and political tensions seem to be at all-time high. These tensions flooded the workplace like a tsunami and employers are trying to figure out how to return civility and respect to the workplace. No "secret sauce" or "magic pill" exists for creating and promoting a civil and respectful workplace, so the purpose of this article is to outline a few action items for helping employers get on the right track toward a more civil workplace as soon as possible.

• Coming to your workplace soon: Legal protections against hair discrimination

  Friday, October 09, 2020

  Employers routinely try to control employees’ professional appearance at work through personal appearance policies in their employee handbooks. Now, unwitting employers risk claims of discrimination based on hairstyle under a new type of law or legal theory that is taking hold across the country. Last year, California passed the CROWN Act, short for Creating a Respectful and Open World for Natural Hair, which prohibits discrimination based on natural hair style and texture. That law has become a model for similar legislation in other states, counties and cities.

• Guidelines for employers about limiting political speech at work

  Wednesday, September 02, 2020

  With the social and civil unrest in our country and November elections looming, everyone seems to have strong opinions about the issues and candidates. Inevitably, these opinions may come up during conversations at work, where they can become disruptive and interfere with productivity. Such conversations can also expose employers and employees to legal risks if they do not fully understand the laws that govern speech at work.

• Practical ways to reduce gender inequality in the workplace

  Wednesday, August 05, 2020

  Studies still show that working women are paid about 80 cents for every dollar men are paid. These studies suggest that women are at a disadvantage when it comes to holding higher-paying jobs and that men are generally on more accelerated career paths. This article offers some practical suggestions for actions that human resources professionals can take in their companies to address and hopefully improve this gender inequality.

• Is it time for your company to go to a 4-day workweek?

  Friday, June 26, 2020

  The world of work may never be the same after the worldwide COVID-19 pandemic. One casualty of the pandemic could be the structured five-day, in-the-office workweek. According to a survey conducted before the pandemic, over 40% of organizations offer some form of telecommuting and an even greater 57% offer some form of flexible work hours arrangement. This article examines some of the advantages of going to four-day or flexible workweek, along with some of the disadvantages and challenges to implementing a shortened or compressed schedule.

• Be careful issuing bonuses to nonexempt workers who keep working during the COVID-19 pandemic

  Friday, May 01, 2020

  Employers who are working hard to stay open during the COVID-19 pandemic are looking for innovative ways to reward and recognize employees who are going "the extra mile" and continuing to work despite the invisible threat of the virus to their safety. Employers who choose to use special bonuses or other lump sum payments need to be aware that bonus payments should be included in the calculations for determining how much overtime is due to nonexempt employees.

• HR changes to make when your workers return from the COVID-19 quarantine

  Monday, April 20, 2020

  Hopefully, we are nearing the end of the havoc that COVID-19 and quarantine orders have wreaked on our economy. Every workplace is different but one thing we can count on — things will not be the same when workers return. HR professionals in all industries should be thinking now about changes that need to be made based on the lessons learned over the past few months. This article outlines some of the basic areas where employers will need to adapt and make changes.

• Coronavirus: A reminder for employers to have contingency plans for health crises

  Thursday, February 06, 2020

  The recent outbreak of coronavirus in China reminds us that employers need to take certain actions to be prepared for public health crises in general. This article outlines some of the basic steps that employers can take now to get ready for a rapid spread of flu, coronavirus or some other pandemic threat. For example, you should strive to keep your safety policies and practices up to date. Consider what policies or practices you can adopt now that may come into play if there is a pandemic or major outbreak.

• 9 practical tips for workplace investigations

  Thursday, December 19, 2019

  Many circumstances arise where human resources professionals are required to conduct investigations. These circumstances may include instances of alleged workplace violence or bullying, harassment or discrimination, suspected drug or alcohol abuse, unsafe conditions, or safety violations and the like. This article offers some basic "common denominator" tips for investigating most of these situations. Keep in mind, however, that every situation is different, and a tailored approach is required for the best outcome for the company and to minimize legal liability.

• Tips for surviving your deposition in employment-related litigation

  Friday, December 06, 2019

  If you are a human resources professional, chances are that you will have the "opportunity" to be deposed in some form of litigation during your career. Depositions are where attorneys for the parties to the litigation get to ask questions of witnesses "on the record." Testimony is then typed up in a nice, neat transcript that the attorneys use as part of the evidence to help them prevail in the litigation. This article contains some practical tips on how to conduct yourself if you are ever called upon to be deposed.

• Tips for planning a reduction in force if the economy loses steam

  Tuesday, November 05, 2019

  Our economy has been hot over the past few years, but signs indicate a slowdown may be coming. Employers planning a reduction in force must consider the possibility that a third party may eventually judge the lawfulness and "fairness" of their decisions and that such judgment could result in significant consequences. It may be impossible to avoid litigation, but employers can do some things to make litigation less likely and reduce potential liability, as outlined in this article.

• It’s true at work: No good deed goes unpunished

  Thursday, October 03, 2019

  Life is full of sayings that can apply to work. Some of them might include: "do unto others as you would have them do unto you," "turn the other cheek," "walk the high road," and "kill them with kindness." But, unfortunately, this employment lawyer has learned that when it comes to work, one adage always seems to ring true: "No good deed goes unpunished." It often seems that the more breaks an employer gives an employee, the more often the employee asks for a loan or pay advance, files a charge of discrimination, or starts a campaign to get a union into the workplace.

• Celebrate American workers this Labor Day

  Thursday, August 29, 2019

  Along with our fellow Americans, we should stop this Labor Day to reflect and honor the workers who make America great. To fully appreciate the significance of this celebration of American workers, we should understand the history of Labor Day. Yes, it has become little more than a day off for most Americans. It signals the end of summer and, in the past, it even signaled the beginning of a new school year. However, Labor Day has a much deeper and richer "back story."

• 8 tips for promoting employees

  Thursday, August 15, 2019

  Many successful companies prefer "promoting from within." This policy is especially important in a labor market where many jobs remain unfilled and employers need to focus on retaining and advancing current employees as much or more than attempting to find brand-new ones. This article outlines some tips for implementing promotion practices that help retain employees and avoid or minimize risk of litigation about promotion decisions.

• 10 tips for retaining employees in a hot jobs market

  Wednesday, July 10, 2019

  The U.S. currently has more than 6 million unfilled jobs, an all-time record high. In such a hot labor market, employers need to focus on retaining current employees as much or more than attempting to find brand-new ones. This article outlines some of the most important ways that employers can do a better job retaining employees.

• Essential elements of an employment application

  Thursday, May 02, 2019

  One of the most important tools in evaluating and screening applicants for employment is a written application for employment. Employers should never accept a resume in lieu of a completed application for employment. Regardless of whether the application form is an old-fashioned pen-and-paper type or an online version, it should contain certain basic inquiries. This article outlines some of the basic statements and inquiries that should appear on every application and could serve as a helpful checklist for reviewing your own application form.

• Tips for minimizing and avoiding bullying in the workplace

  Tuesday, April 09, 2019

  A few states are beginning to consider and/or pass anti-bullying laws to address inappropriate conduct in the workplace. Increasingly, plaintiffs' lawyers and courts are trying to advance novel theories to punish employers for failing to stop bullying or to create liability for employers. For example, even absent a specific anti-bullying law, employers could be liable under anti-discrimination laws and OSHA or similar state laws that impose on employers a "general duty" to maintain a safe workplace. With these trends emerging, employers need to develop programs and systems to prevent and avoid claims of bullying. Here are some steps employers should take to reduce bullying and resulting liability.

• 6 tips for a successful telecommuting arrangement

  Tuesday, March 12, 2019

  Telecommuting takes many forms, including remote workers, virtual employees, multisite employees, or those who are just considered "working from home" — all terms used to describe an employee whose primary work is conducted away from your primary worksite. No matter the form, telecommuting has many benefits for both businesses and employees. Despite the positives, telecommuting creates unique management challenges. Launching your workers away from the home base takes thoughtful preparation, and you can take some simple steps to minimize the legal risks created by telecommuting employees.

• Getting ready for and managing an on-site visit by OSHA

  Friday, February 15, 2019

  Employers subject to an on-site inspection by OSHA or one of the state agencies that regulate workplace safety and health should take preventive steps to prepare for such an inspection and have a plan for handling it and any follow-up that may be necessary. This article outlines best practices for getting ready for and managing such an inspection.

• Can you be held personally liable in an employment lawsuit?

  Monday, February 04, 2019

  Case law under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), generally holds individuals cannot be found liable. Unfortunately, the clear language in case law supporting the dismissal of individuals has not prevented plaintiffs from bringing claims under these statutes. For example, a federal court judge in Oregon recently outlined this costly and questionable practice in his opinion in a case involving Starbucks.

• Have you considered using ‘stay interviews’ to increase employee retention?

  Friday, November 30, 2018

  Hiring interviews and exit interviews are standard HR practices. "Stay interviews" are not as well-known and seldom used. However, they could be the most important interviews your organization could ever conduct. In case you are not familiar with the term, a "stay interview" is simply asking employees: "What makes you stay?" A stay interview can also cover more discrete issues like why an employee stays within a particular department, on a project, or with a particular manager or supervisor.

• Practical tips for employers to minimize immigration risks

  Thursday, August 09, 2018

  Under the Trump administration, U.S. Immigration and Customs Enforcement (ICE) has clearly increased its work site enforcement actions against employers. Unlike most labor and employment laws, federal immigration laws provide for criminal penalties, including large fines and jail time. This article outlines how ICE can gain access to your records, and lists practical guidance for minimizing or avoiding risks that put your company in violation of applicable immigration law.

• Essential elements of a responsible use of alcohol policy

  Monday, July 02, 2018

  From time to time, employers may have occasions when employees will have the opportunity to consume alcoholic beverages at work or during work-related activities. Examples of such occasions may include employer-sponsored parties or events, or customer entertainment/development activities. Some employers even sponsor "happy hours" for their employees and/or customers. Given the inevitability of such occasions, employers should go "on the record" and adopt a policy addressing the responsible use of alcohol.

• 10 essential elements for effective arbitration agreements

  Tuesday, June 12, 2018

  The U.S. Supreme Court recently ruled that employers may require employees to sign class-action waiver provisions without violating the National Labor Relations Act. This decision has prompted employers to reconsider whether to require employees to sign binding arbitration agreements. If you are considering requiring employees to sign such agreements, this article outlines 10 essential elements to include in such agreements.

• Practical considerations for deciding whether to rehire former employees

  Wednesday, May 09, 2018

  When the labor market gets tight and skilled candidates for employment are scarce, employers often wonder whether they should rehire former employees. No perfect answer exists to this question. The correct answer depends upon the circumstances of each situation. This article outlines the pros and cons of rehiring former employees and some practical steps if you ultimately decide to rehire a former employee.

• Practical guidelines for monitoring the workplace

  Monday, April 09, 2018

  ​Technology and "big data" now make it possible for employers to monitor and record all aspects of what employees may do, say or write in the workplace. Employers have legitimate needs to monitor employees while at work, but the use of monitoring technologies is limited by a variety of federal, state and local laws and legal theories.

• 7 essential provisions for every employment contract

  Monday, March 12, 2018

  ​Written employment agreements can be used for executives, sales professionals or in other special situations. This article highlights seven provisions usually covered in such agreements. Obviously, an agreement should be tailored to individual circumstances and may contain provisions not mentioned here.

• Employers must be vigilant to protect attorney-client privilege

  Tuesday, February 06, 2018

  ​Communications between a client and its attorney(s) for the purpose of obtaining legal advice are considered privileged communications. The privilege belongs to the client, not to the attorney, and the burden rests with the client to show that the privilege was not waived.

• Resolve to improve your performance evaluations in 2018

  Wednesday, January 03, 2018

  Performance evaluations can help management improve employee performance and adjust staff expectations. However, if done improperly, performance evaluations can create more legal liability than they help to avoid.

• It’s time to tune up your anti‑harassment program

  Friday, December 08, 2017

  ​Lately, we are hearing almost daily about another high-profile celebrity, politician or executive who has been accused of sexual harassment. ​Victims now feel empowered to publicly share their stories, even from many years ago.

• 10 tips to create a safer workplace

  Monday, November 13, 2017

  Protecting workers should be a priority for every employer. This article lists 10 tips for employers who want to create a safer workplace.

• How can employers prepare for an active shooter in the workplace?

  Monday, October 09, 2017

  ​Recent workplace shooting incidents across the country have caused many employers to realize that they need a contingency plan in case they have an active shooter situation at their work site. To protect your workforce and avoid liability under various laws, you should work with your management or security advisers to identify and develop an appropriate workplace critical incident protocol or plan.

• A few tips for avoiding off-the-clock FLSA claims

  Thursday, September 07, 2017

  ​Lawsuits against employers where employees claim to be owed for time they worked but which was not properly recorded are increasing. This article will summarize the problem for employers and offer a few practical tips for preventing or minimizing legal liability for the problem.

• 7 tips for ‘tuning up’ your harassment prevention program

  Wednesday, August 02, 2017

  Within the past year, the Equal Employment Opportunity Commission (EEOC) issued specific written Guidance for employers on avoiding harassment and retaliation claims. The EEOC reviewed employer efforts to train employees and managers and concluded that most training programs still fall short in making sure workplaces are free of unlawful discrimination, harassment and retaliation.

• Not so fast: 7 tips for recovering money from departing employees

  Thursday, July 06, 2017

  Departing employees can end up owing their employer money for a variety of reasons. A few examples include overpayments by the employer, outstanding loans or pay advances, advances on vacations or other paid leaves, cash shortages, damaged property or equipment, failure to return property or clothing, tuition or educational expenses advanced by the employer, etc.

• 10 tips for when the government comes knocking

  Monday, June 05, 2017

  In the world of human resources, we deal with many different government agencies and other law enforcement officers. From time to time, government officials or representatives — let's just call them "agents" — will show up unannounced at your doorstep and demand information, documents or access to people.

• White-collar exemptions under the Fair Labor Standards Act

  Friday, May 05, 2017

  Executives, administrative employees, professionals and outside salespeople are generally referred to in the wage and hour world as white-collar employees. Employees in these categories, who meet certain criteria, can be treated as being exempt from the minimum-wage, overtime and timekeeping provisions of the federal Fair Labor Standards Act (FLSA).

• When is training time for nonexempt employees compensable?

  Wednesday, April 05, 2017

  Employers train employees in countless ways to perform better and for various legal compliance reasons. Such training can be in a one-time session in-house, a series of commercial courses or more formal classes at the local college. Before you schedule your next training session, you should consider that the Fair Labor Standards Act (FLSA) may require you to pay nonexempt employees for time (including possibly overtime) spent in the training session.

• When is travel time compensable under the FLSA?

  Monday, March 06, 2017

  Travel-time issues are some of the most difficult of all hours-worked questions for non-exempt employees. Whether and to what extent travel time counts as hours worked under the Fair Labor Standards Act depends on the specific facts and circumstances presented. Below are some broad rules of thumb that apply to the most common kinds of travel. The rules vary depending on whether the travel is local, out of town with same-day return, or out of town with an overnight stay.

• What HR managers need to know to avoid antitrust violations

  Friday, February 03, 2017

  In October 2016, the U.S. Department of Justice (DOJ) published "Antitrust Guidance for Human Resources Professionals" (Guidance) warning them that the agency has taken and will continue to take legal actions against employers for violating federal antitrust laws.

• Resolve to hire better employees this year

  Friday, January 06, 2017

  ​As discussed previously, 2017 will bring a lot of uncertainty in the field of labor and employment law as we transition from an Obama administration to a Trump administration. Amid all of this uncertainty, commit yourself to doing something guaranteed to make a difference in your organization: finding and landing the best candidates out there.

• It’s time to get back to basics under a Trump presidency

  Wednesday, December 14, 2016

  ​Donald Trump will soon be our 45th president. A lot of uncertainty is swirling around what changes his administration may bring in the world of labor and employment law. ​As discussed last month, we expect to see changes in a wide range of areas, including judicial appointments, immigration, wages and hours, labor relations and more.

• 7 workplace changes to expect from a Trump presidency

  Wednesday, November 16, 2016

  Donald Trump will soon be our nation's 45th president. While many are still reveling in the historic significance of this election, this article contains some quick predictions on what a Trump administration could mean for workplace law and the nation's employers.

• 10 mistakes employers make when training managers and employees

  Thursday, November 03, 2016

  Most people understand the importance of training managers and employees. However, experience teaches that some employers continue to make the same mistakes that undermine the value of the instructions they offer.

• 7 basic elements of successful training

  Monday, October 10, 2016

  ​Training of managers and employees is necessary for a variety of legal and practical reasons. Regardless of the content of the training, manager and employee training programs need at least the following basic elements to be successful.

• 12 areas of employment law training your managers need

  Wednesday, September 14, 2016

  ​Managers today need varied types of training to do their jobs effectively. This article outlines the basic types of training managers should receive in the area of labor and employment law to effectively perform their jobs. Such training will go a long way toward preventing or at least minimizing legal liability for employment-related claims for employers.

• 6 reasons employers need to train employees

  Friday, August 26, 2016

  ​Employers should inherently understand the value in training managers and employees. To validate this idea, the following discussion outlines six reasons training is valuable and should be conducted on a regular basis.

• 7 tips for complying with the new federal wage-hour regulations

  Monday, July 18, 2016

  The U.S. Department of Labor's Wage and Hour Division recently disclosed the details of its final revised regulations relating to certain "white collar" salary exemptions under the federal Fair Labor Standards Act.

• Should you add monitoring devices to your company vehicles?

  Wednesday, June 08, 2016

  ​Highway accidents remain the leading cause of work-related deaths and also carry tremendous personal, social and economic costs. The good news is new technologies in on-board safety monitoring systems are being developed and implemented in both commercial fleets and private vehicles to offer the potential to further improve safety.

• You deserve a union ... if you fail to give employees these 6 things

  Tuesday, May 03, 2016

  ​The expression "nature abhors a vacuum" applies to the workplace. If employers do not recognize and meet certain basic employee needs, employee morale will suffer and they will become vulnerable to the sales pitches of a union.

• 5 guidelines for handling alcohol abuse in the workplace

  Friday, April 15, 2016

  What should you do if you believe one of your employees is under the influence at work? It may come as a surprise that you do not have the unfettered right to treat employees with alcohol problems in any manner you see fit.

• What’s the right way to handle political speech at work?

  Monday, March 14, 2016

  With the primaries under way and the November elections looming, everyone seems to have strong opinions about the candidates and issues. Inevitably, these opinions may come up during conversations at work where they can be disruptive and interfere with productivity. Such conversations also can expose employers and employees to legal risks if they do not fully understand the laws that govern political speech at work.

• 10 simple tips for becoming a better manager

  Wednesday, February 24, 2016

  ​These tips are not earth-shattering and should not be new to anyone reading them. Nevertheless, these rather simple and common sense tips should help you to be a better manager.

• 8 key areas HR professionals must address to start 2016

  Thursday, January 07, 2016

  ​This time every year, human resources professionals resolve to improve their employment processes and maintain compliance with applicable laws. Resolutions are more important than ever this year with myriad changes and developments in employment law.

• 7 tips for avoiding workplace violence

  Friday, December 11, 2015

  On the heels of the Paris terror bombings and other tragedies this year, it may be useful to review seven basic tips for preventing workplace violence. These tips are by no means all-inclusive, and there may be many other best practices for preventing and dealing with violence in the workplace.

• 5 important HR practices to review to start 2016

  Friday, October 30, 2015

  ​About this time every year, human resources professionals begin thinking about ways to improve their employment processes to maintain compliance with applicable laws. This kind of annual review is ever more important this year with the myriad changes and developments in employment law.

• 10 tips for an effective acceptable use policy

  Monday, September 28, 2015

  ​With ever-changing technological advances, easy access to employer networks from almost any location and the blurred lines between business and personal use, employers need to review and update their acceptable use policies (AUP).

• The dirty dozen: 12 mistakes to avoid when terminating employees

  Thursday, September 03, 2015

  The majority of employment-related lawsuits against employers arise after the employment relationship ends. This article outlines some common mistakes that employers make in terminating employees in hopes that employers can improve the way they terminate employees and avoid the expense and interruption of litigation.

• The NLRB’s attack on confidentiality continues

  Monday, August 03, 2015

  Many employers believe they have the absolute right to prohibit their workers from disclosing "confidential" information to co-workers and third parties. They are dead wrong. The National Labor Relations Board has consistently restricted employer rights in this area, and some recent decisions and guidelines from the current board have accelerated the erosion of these employer rights. This article outlines seven things that, unbeknownst to many employers, cannot be prohibited without violating employee rights under the National Labor Relations Act.

• Why in the world would any employee not want to be in a union?

  Tuesday, July 07, 2015

  Recent changes in the federal labor laws make it easier for unions to take over employee rights. So, for employees who are thinking about joining a union or are being solicited to sign up for a union, why would you not choose to be represented by a union in matters relating to your job?

• How supervisors can earn employees’ T.R.U.S.T.

  Friday, June 26, 2015

  ​Every manager and supervisor wants their employees to trust them. Earning trust is difficult, but once it exists in a relationship, the sky is the limit. Employees who trust their superiors are more satisfied, productive and innovative. They are also less likely to feel a need to be represented by a union, file lawsuits against their employers and probably even work safer. So, how does one earn the trust of employees? This article offers five steps on the way toward earning employees’ trust.

• Setting goals the S.M.A.R.T.E.R. way

  Monday, May 04, 2015

  Since the early 1980s, management consultants have used an acronym, S.M.A.R.T., to guide people through effective, objective goal-setting. That easy acronym is still one of the most popular frameworks for performance management in the workplace — or in any other goal-setting for that matter. Over time, this acronym has been tweaked and expanded. One variation is to make goals S.M.A.R.T.E.R., which indicates that goal-setting is an ongoing, continuous improvement process.

• Be careful letting employees use their smartphones for work

  Monday, April 13, 2015

  ​In today's connected world, employees often ask their employers to permit use of their personal smartphones, tablets, laptops or even their home desktops for work. Workplaces differ, and there is no "one size fits all" bring your own devices (BYOD) to work policy for employers.

• Everything your organization needs to know about EPLI

  Monday, March 16, 2015

  ​Employers are subject to a plethora of employment-related litigation under state and federal statutes and common law claims. Employment Practices Liability Insurance (EPLI) can protect employers from these claims, but premiums, deductibles and coverages vary with the terms and conditions of each policy.

• Divorce can be ugly — for employers, too

  Monday, February 02, 2015

  ​No one ever sets out getting a divorce as a life goal. Unfortunately, though, divorce becomes a reality for an alarming number of married couples. While divorce can be emotionally devastating for the individuals involved, it can also end up interfering with their jobs. This article will outline nine ways that employers can be affected by the divorces of their employees.

• 7 steps to solving any HR issue

  Monday, January 12, 2015

  ​The world of human resources and employment law presents employers with what may seem to be unique problems on a regular basis. However, regardless of the exact nature of a problem, this article offers a seven-step protocol that HR professionals should follow in addressing and resolving day-to-day problems they may face.

• 10 tips for ‘tuning up’ your HR program to start the new year

  Friday, December 12, 2014

  ​As the new year approaches, employers should be setting goals for improving employee relations in 2015. This article highlights some of the more significant New Year's goals that every employer should set.

• Ho ho no! Steps to minimize holiday party misconduct

  Tuesday, November 11, 2014

  Thirty-six percent of employers report employee misconduct at holiday parties. This misconduct includes excessive drinking, sexual advances, off-color jokes, vulgar language and gestures, arguments and even fistfights.

• 7 key elements of an effective new employee orientation program

  Thursday, October 09, 2014

  New employee orientation is one of the most important of all human resources transactions. "You never get a second chance to make a first impression," is a saying that really applies to orienting or onboarding new employees. Regardless of the industry or employer, effective new employee orientation should include at least seven key elements.

• 7 steps employers should take now to prevent workplace bullying

  Thursday, September 04, 2014

  Workplace bullying is becoming a bigger problem than harassment. Twenty-seven percent of U.S. workers report experiencing abusive conduct at work, and 21 percent report witnessing such conduct. Bullying can be physical or psychological. Simply put, bullying is a form of violence. Workplace bullying does not just affect the target. It affects others in the workplace, and can cause reduced productivity, interfere with the free flow of communications within the organization and lead to higher turnover, all of which significantly increase an employer’s operating costs.

• How to build a respectful workplace

  Wednesday, August 06, 2014

  There is honor and dignity in work. Successful employers understand this axiom and build workplaces in which their employees are respected. As a result, they experience lower employee turnover, less employment-related litigation and fewer problems caused by meddling unions.

• 7 key elements of a workplace investigation

  Monday, July 07, 2014

  ​Many issues that arise in the workplace require employers to conduct a prompt and thorough investigation. Although the underlying allegations may be different, certain basic elements should be a part of every investigation, as outlined in this article.

• Call a timeout: A helpful strategy for HR

  Tuesday, June 10, 2014

  In sports, the best coaches always seem to know just the right moment to call a timeout. In the world of human resources, employers need to learn how to use timeouts to help them manage through situations that could lead to potential practical and legal problems.

• 8 essential elements of a disciplinary warning form

  Tuesday, May 13, 2014

  ​Disciplinary counseling of an employee is one of the most unpleasant but important tasks a manager can perform. Having a good form to document the warning is critical to making the disciplinary process work.

• 4 steps to effective performance management

  Monday, April 07, 2014

  ​Getting the most out of employees has always challenged employers. It is particularly difficult in today's highly-regulated business environment with increased global competition and changing employee attitudes. Performance management is not just about dealing with the poor performers.

• The 3 P’s of employee terminations

  Wednesday, March 05, 2014

  The vast majority of employment-related lawsuits follow the termination of an employee. Employers can minimize their legal liability by considering the “three P's” of employee terminations: people, procedures and paperwork.

• Guidelines for appearance policies in the professional workplace

  Monday, February 03, 2014

  For good business reasons, many professional employers adopt policies regulating dress and appearance in their workplace. These policies can help enhance an office's public image, promote a productive work environment, comply with health and safety standards and even prevent claims of unlawful harassment and discrimination. While no law requires an employer to maintain a dress/appearance policy, some laws are relevant to such policies.

• Be careful when using unpaid interns

  Thursday, January 09, 2014

  The federal Department of Labor's Wage and Hour Division has become much more aggressive in identifying and seeking damages against employers who fail to pay interns for the work they perform.

• 5 tips for successful performance evaluations

  Monday, December 09, 2013

  Performance evaluation programs can be immensely beneficial to employers. They can help management improve employee performance and adjust staff expectations. However, if done improperly, performance evaluations can create more legal liability than they help to avoid. This article lists five critical tips for making sure your performance evaluation system is on the right track.

• 6 things managers should not talk about at work

  Friday, November 08, 2013

  ​Managers have a special role for employers because they are legal agents. What they say, do and know can be attributed to their employer. Depending on the issue, employers can be strictly liable for the conduct of managers. Several laws come into play here, but there are certain things that managers should absolutely not talk about with employees or anyone else at work.

• 5 reasons every employer should have job descriptions

  Friday, October 11, 2013

  No state or federal law requires job descriptions. However, job descriptions can be helpful tools for employers for both practical and legal reasons. This article will outline five of the many ways in which job descriptions can benefit employers.

• 5 reasons every employer needs an employee handbook

  Thursday, September 05, 2013

  The days of believing that a handbook can cause more harm than good are long gone. In today's business environment, a handbook serves both as a sword to carve out your legal rights, as well as a shield to protect them.

• 10 tips for reducing the risk of employment-related litigation

  Friday, August 02, 2013

  This article offers tips for minimizing or avoiding employment-related liability. These tips apply even to employers who may not have enough employees to be covered by the major federal employment laws such as Title VII, the Americans with Disabilities Act or the Family and Medical Leave Act.

• The most important employment documents

  Saturday, June 15, 2013

  Employment litigation can be expensive and time-consuming. An employer’s success or failure in defending itself can turn on the law or the facts. Employers cannot do too much to change the law that applies to any given case. But, experience shows that employers can do a lot to shape the facts and to improve their position in employment litigation. Most of the time, this shaping of the facts depends on the documentation. Moreover, while the particular facts may be different from case to case, the same types of documents are at issue in nearly every employment law case.

• Beware of misclassifying workers as independent contractors

  Wednesday, June 05, 2013

  If your workforce includes contract employees, freelancers, casual workers or independent contractors by any other title, you should seriously analyze whether such workers should be recategorized as employees. The risks of not properly classifying workers can be substantial and include having to ante up back pay, liquidated damages, unpaid taxes, penalties, interest, accounting and attorneys' fees. In addition to these economic risks, other negative consequences can include interference with ongoing operations and harm to an employer's reputation.

• 7 practical tips for effective supervision

  Thursday, May 16, 2013

  Experienced managers have increasing difficulty navigating today's alphabet soup of federal employment laws — ADA, ADEA, FMLA, IRCA, OSHA, NLRB, etc. State and local laws further complicate the making of employment decisions. At the risk of oversimplifying things, we prepared this list of seven tips for effective supervision to avoid legal liability in the workplace.

• Employers beware when conducting criminal background checks

  Thursday, April 18, 2013

  The Equal Employment Opportunity Commission (EEOC) recently issued enforcement guidance on arrest and conviction records in employment decisions. Employers need to revise their use of criminal background checks in light of this guidance. Ninety percent of employers perform criminal background checks. Reasons for using criminal background information are to prevent theft, fraud, workplace violence and liability for negligent hiring or to comply with various laws.

• 7 tips for wage and hour compliance for dental practices

  Tuesday, March 12, 2013

  Even though many small dental practices may not be covered by federal employment laws such as the Family and Medical Leave Act, the Age Discrimination Act or even Title VII of the Civil Rights Act, most are covered by the federal wage and hour laws. Unfortunately, the past few years have brought an explosion in the number of lawsuits against employers of all sizes for wage and hour violations, and dental practices are no exception. This article offers practical tips to dental practices to help them comply with the federal wage and hour regulations and to minimize their exposure to lawsuits.

• 6 tips for wage and hour compliance for medical practices

  Tuesday, March 12, 2013

  Even though many small medical practices may not be covered by federal employment laws such as the Family and Medical Leave Act, the Age Discrimination Act or even Title VII of the Civil Rights Act, most are covered by the federal wage and hour laws. Unfortunately, the past few years have brought an explosion in the number of lawsuits against employers of all sizes for wage and hour violations, and medical practices are no exception. This article offers practical tips to medical practices to help them comply with the federal wage and hour regulations and to minimize their exposure to lawsuits.