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

  2020 has been a year of unprecedented challenges for everyone, including employers. Aside from the worst…

  Monday, November 23, 2020

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

  Employers routinely try to control employees’ professional appearance at work through personal appearance…

  Friday, October 09, 2020

• Guidelines for employers about limiting political speech at work

  With the social and civil unrest in our country and November elections looming, everyone seems to have…

  Wednesday, September 02, 2020

• Practical ways to reduce gender inequality in the workplace

  Studies still show that working women are paid about 80 cents for every dollar men are paid. These studies…

  Wednesday, August 05, 2020

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

  The world of work may never be the same after the worldwide COVID-19 pandemic. One casualty of the pandemic…

  Friday, June 26, 2020

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

  Employers who are working hard to stay open during the COVID-19 pandemic are looking for innovative ways…

  Friday, May 01, 2020

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

  Hopefully, we are nearing the end of the havoc that COVID-19 and quarantine orders have wreaked on our…

  Monday, April 20, 2020

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

  The recent outbreak of coronavirus in China reminds us that employers need to take certain actions to…

  Thursday, February 06, 2020

• 9 practical tips for workplace investigations

  Many circumstances arise where human resources professionals are required to conduct investigations.…

  Thursday, December 19, 2019

• Tips for surviving your deposition in employment-related litigation

  If you are a human resources professional, chances are that you will have the "opportunity" to be deposed…

  Friday, December 06, 2019

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

  Our economy has been hot over the past few years, but signs indicate a slowdown may be coming. Employers…

  Tuesday, November 05, 2019

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

  Life is full of sayings that can apply to work. Some of them might include: "do unto others as you would…

  Thursday, October 03, 2019

• Celebrate American workers this Labor Day

  Along with our fellow Americans, we should stop this Labor Day to reflect and honor the workers who make…

  Thursday, August 29, 2019

• 8 tips for promoting employees

  Many successful companies prefer "promoting from within." This policy is especially important in a labor…

  Thursday, August 15, 2019

• 10 tips for retaining employees in a hot jobs market

  The U.S. currently has more than 6 million unfilled jobs, an all-time record high. In such a hot labor…

  Wednesday, July 10, 2019

• Essential elements of an employment application

  One of the most important tools in evaluating and screening applicants for employment is a written application…

  Thursday, May 02, 2019

• Tips for minimizing and avoiding bullying in the workplace

  A few states are beginning to consider and/or pass anti-bullying laws to address inappropriate conduct…

  Tuesday, April 09, 2019

• 6 tips for a successful telecommuting arrangement

  Telecommuting takes many forms, including remote workers, virtual employees, multisite employees, or…

  Tuesday, March 12, 2019

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

  Employers subject to an on-site inspection by OSHA or one of the state agencies that regulate workplace…

  Friday, February 15, 2019

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

  Case law under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA),…

  Monday, February 04, 2019

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

  Hiring interviews and exit interviews are standard HR practices. "Stay interviews" are not as well-known…

  Friday, November 30, 2018

• Practical tips for employers to minimize immigration risks

  Under the Trump administration, U.S. Immigration and Customs Enforcement (ICE) has clearly increased…

  Thursday, August 09, 2018

• Essential elements of a responsible use of alcohol policy

  From time to time, employers may have occasions when employees will have the opportunity to consume alcoholic…

  Monday, July 02, 2018

• 10 essential elements for effective arbitration agreements

  The U.S. Supreme Court recently ruled that employers may require employees to sign class-action waiver…

  Tuesday, June 12, 2018

• Practical considerations for deciding whether to rehire former employees

  When the labor market gets tight and skilled candidates for employment are scarce, employers often wonder…

  Wednesday, May 09, 2018

• Practical guidelines for monitoring the workplace

  ​Technology and "big data" now make it possible for employers to monitor and record all aspects of…

  Monday, April 09, 2018

• 7 essential provisions for every employment contract

  ​Written employment agreements can be used for executives, sales professionals or in other special…

  Monday, March 12, 2018

• Employers must be vigilant to protect attorney-client privilege

  ​Communications between a client and its attorney(s) for the purpose of obtaining legal advice are…

  Tuesday, February 06, 2018

• Resolve to improve your performance evaluations in 2018

  Performance evaluations can help management improve employee performance and adjust staff expectations.…

  Wednesday, January 03, 2018

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

  ​Lately, we are hearing almost daily about another high-profile celebrity, politician or executive…

  Friday, December 08, 2017

• 10 tips to create a safer workplace

  Protecting workers should be a priority for every employer. This article lists 10 tips for employers…

  Monday, November 13, 2017

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

  ​Recent workplace shooting incidents across the country have caused many employers to realize that…

  Monday, October 09, 2017

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

  ​Lawsuits against employers where employees claim to be owed for time they worked but which was not…

  Thursday, September 07, 2017

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

  Within the past year, the Equal Employment Opportunity Commission (EEOC) issued specific written Guidance…

  Wednesday, August 02, 2017

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

  Departing employees can end up owing their employer money for a variety of reasons. A few examples include…

  Thursday, July 06, 2017

• 10 tips for when the government comes knocking

  In the world of human resources, we deal with many different government agencies and other law enforcement…

  Monday, June 05, 2017

• White-collar exemptions under the Fair Labor Standards Act

  Executives, administrative employees, professionals and outside salespeople are generally referred to…

  Friday, May 05, 2017

• When is training time for nonexempt employees compensable?

  Employers train employees in countless ways to perform better and for various legal compliance reasons.…

  Wednesday, April 05, 2017

• When is travel time compensable under the FLSA?

  Travel-time issues are some of the most difficult of all hours-worked questions for non-exempt employees.…

  Monday, March 06, 2017

• What HR managers need to know to avoid antitrust violations

  In October 2016, the U.S. Department of Justice (DOJ) published "Antitrust Guidance for Human Resources…

  Friday, February 03, 2017

• Resolve to hire better employees this year

  ​As discussed previously, 2017 will bring a lot of uncertainty in the field of labor and employment…

  Friday, January 06, 2017

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

  ​Donald Trump will soon be our 45th president. A lot of uncertainty is swirling around what changes…

  Wednesday, December 14, 2016

• 7 workplace changes to expect from a Trump presidency

  Donald Trump will soon be our nation's 45th president. While many are still reveling in the historic…

  Wednesday, November 16, 2016

• 10 mistakes employers make when training managers and employees

  Most people understand the importance of training managers and employees. However, experience teaches…

  Thursday, November 03, 2016

• 7 basic elements of successful training

  ​Training of managers and employees is necessary for a variety of legal and practical reasons. Regardless…

  Monday, October 10, 2016

• 12 areas of employment law training your managers need

  ​Managers today need varied types of training to do their jobs effectively. This article outlines the…

  Wednesday, September 14, 2016

• 6 reasons employers need to train employees

  ​Employers should inherently understand the value in training managers and employees. To validate this…

  Friday, August 26, 2016

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

  The U.S. Department of Labor's Wage and Hour Division recently disclosed the details of its final revised…

  Monday, July 18, 2016

• Should you add monitoring devices to your company vehicles?

  ​Highway accidents remain the leading cause of work-related deaths and also carry tremendous personal,…

  Wednesday, June 08, 2016

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

  ​The expression "nature abhors a vacuum" applies to the workplace. If employers do not recognize and…

  Tuesday, May 03, 2016

• 5 guidelines for handling alcohol abuse in the workplace

  What should you do if you believe one of your employees is under the influence at work? It may come as…

  Friday, April 15, 2016

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

  With the primaries under way and the November elections looming, everyone seems to have strong opinions…

  Monday, March 14, 2016

• 10 simple tips for becoming a better manager

  ​These tips are not earth-shattering and should not be new to anyone reading them. Nevertheless, these…

  Wednesday, February 24, 2016

• 8 key areas HR professionals must address to start 2016

  ​This time every year, human resources professionals resolve to improve their employment processes…

  Thursday, January 07, 2016

• 7 tips for avoiding workplace violence

  On the heels of the Paris terror bombings and other tragedies this year, it may be useful to review seven…

  Friday, December 11, 2015

• 5 important HR practices to review to start 2016

  ​About this time every year, human resources professionals begin thinking about ways to improve their…

  Friday, October 30, 2015

• 10 tips for an effective acceptable use policy

  ​With ever-changing technological advances, easy access to employer networks from almost any location…

  Monday, September 28, 2015

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

  The majority of employment-related lawsuits against employers arise after the employment relationship…

  Thursday, September 03, 2015

• The NLRB’s attack on confidentiality continues

  Many employers believe they have the absolute right to prohibit their workers from disclosing "confidential"…

  Monday, August 03, 2015

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

  Recent changes in the federal labor laws make it easier for unions to take over employee rights. So,…

  Tuesday, July 07, 2015

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

  ​Every manager and supervisor wants their employees to trust them. Earning trust is difficult, but…

  Friday, June 26, 2015

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

  Since the early 1980s, management consultants have used an acronym, S.M.A.R.T., to guide people through…

  Monday, May 04, 2015

• Be careful letting employees use their smartphones for work

  ​In today's connected world, employees often ask their employers to permit use of their personal smartphones,…

  Monday, April 13, 2015

• Everything your organization needs to know about EPLI

  ​Employers are subject to a plethora of employment-related litigation under state and federal statutes…

  Monday, March 16, 2015

• Divorce can be ugly — for employers, too

  ​No one ever sets out getting a divorce as a life goal. Unfortunately, though, divorce becomes a reality…

  Monday, February 02, 2015

• 7 steps to solving any HR issue

  ​The world of human resources and employment law presents employers with what may seem to be unique…

  Monday, January 12, 2015

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

  ​As the new year approaches, employers should be setting goals for improving employee relations in…

  Friday, December 12, 2014

• Ho ho no! Steps to minimize holiday party misconduct

  Thirty-six percent of employers report employee misconduct at holiday parties. This misconduct includes…

  Tuesday, November 11, 2014

• 7 key elements of an effective new employee orientation program

  New employee orientation is one of the most important of all human resources transactions. "You never…

  Thursday, October 09, 2014

• 7 steps employers should take now to prevent workplace bullying

  Workplace bullying is becoming a bigger problem than harassment. Twenty-seven percent of U.S. workers…

  Thursday, September 04, 2014

• How to build a respectful workplace

  There is honor and dignity in work. Successful employers understand this axiom and build workplaces in…

  Wednesday, August 06, 2014

• 7 key elements of a workplace investigation

  ​Many issues that arise in the workplace require employers to conduct a prompt and thorough investigation.…

  Monday, July 07, 2014

• Call a timeout: A helpful strategy for HR

  In sports, the best coaches always seem to know just the right moment to call a timeout. In the world…

  Tuesday, June 10, 2014

• 8 essential elements of a disciplinary warning form

  ​Disciplinary counseling of an employee is one of the most unpleasant but important tasks a manager…

  Tuesday, May 13, 2014

• 4 steps to effective performance management

  ​Getting the most out of employees has always challenged employers. It is particularly difficult in…

  Monday, April 07, 2014

• The 3 P’s of employee terminations

  The vast majority of employment-related lawsuits follow the termination of an employee. Employers can…

  Wednesday, March 05, 2014

• Guidelines for appearance policies in the professional workplace

  For good business reasons, many professional employers adopt policies regulating dress and appearance…

  Monday, February 03, 2014

• Be careful when using unpaid interns

  The federal Department of Labor's Wage and Hour Division has become much more aggressive in identifying…

  Thursday, January 09, 2014

• 5 tips for successful performance evaluations

  Performance evaluation programs can be immensely beneficial to employers. They can help management improve…

  Monday, December 09, 2013

• 6 things managers should not talk about at work

  ​Managers have a special role for employers because they are legal agents. What they say, do and know…

  Friday, November 08, 2013

• 5 reasons every employer should have job descriptions

  No state or federal law requires job descriptions. However, job descriptions can be helpful tools for…

  Friday, October 11, 2013

• 5 reasons every employer needs an employee handbook

  The days of believing that a handbook can cause more harm than good are long gone. In today's business…

  Thursday, September 05, 2013

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

  This article offers tips for minimizing or avoiding employment-related liability. These tips apply even…

  Friday, August 02, 2013

• The most important employment documents

  Employment litigation can be expensive and time-consuming. An employer’s success or failure in defending…

  Saturday, June 15, 2013

• Beware of misclassifying workers as independent contractors

  If your workforce includes contract employees, freelancers, casual workers or independent contractors…

  Wednesday, June 05, 2013

• 7 practical tips for effective supervision

  Experienced managers have increasing difficulty navigating today's alphabet soup of federal employment…

  Thursday, May 16, 2013

• Employers beware when conducting criminal background checks

  The Equal Employment Opportunity Commission (EEOC) recently issued enforcement guidance on arrest and…

  Thursday, April 18, 2013

• 7 tips for wage and hour compliance for dental practices

  Even though many small dental practices may not be covered by federal employment laws such as the Family…

  Tuesday, March 12, 2013

• 6 tips for wage and hour compliance for medical practices

  Even though many small medical practices may not be covered by federal employment laws such as the Family…

  Tuesday, March 12, 2013