February 11, 2015

Email Is The New Water Cooler

The National Labor Relations Act (NLRA) provides employees with the right to self-organize or join a labor organization and to engage in concerted activities. Historically, employees gathering at the water cooler is considered protected, concerted activity. Activities become concerted when an employee is representing other employees or when more than one employee is speaking. This becomes a protected activity when the topic is about work conditions, such as wages and hours or seeking representation. Non-unionized private sector employers as well as unionized employers are forbidden to interfere with this employee right. Employers need to be aware that their policies can […]
August 22, 2014

Pregnant Pause

The Equal Employment Opportunity Commission (EEOC) recently issued new guidance on pregnancy discrimination. The new guidance broadened the definition of pregnancy to include all aspects of the reproductive process, including contraception, termination of pregnancy, childbirth and post- birth. In 1978, the Pregnancy Discrimination Act (PDA) amended the Civil Rights Act of 1964, to include the protection on the basis of pregnancy, childbirth, or related medical conditions under the protected class of sex. EEOC issued guidance in 1983, before the Americans with Disabilities Act (ADA) or the Americans with Disabilities Amendment Act (ADAAA) were enacted. This guidance states though pregnancy is […]
July 16, 2014

The Buck Starts Here

Every step of the employment process is important and the employment application is no exception. Most employers use employment applications. It is an integral part of the hiring process; a tool that should not be overlooked. A recent New Jersey court decision emphasized the importance of a well-written employment application. In the Rodriguez v. Raymours Furniture Company, Inc. case, the furniture store’s employment application included this statement: I agree that any claim or lawsuit relating to my service with Raymour & Flannigan must be filed no more than six(6) months after the date of employment action that is the subject […]
June 26, 2014

Resist The Rescue!

Some managers, especially those new to the role, believe they need to know everything. They see themselves as the “answer-man” or the go-to-person. This thinking reduces one’s confidence and works against the role of manager, coach or leader. Managing is getting things done through others, using people as resources; not directing each action. Responding to others’ questions with answers feels good. A manager may see herself as a servant-leader, but that is not the case. This person isn’t a leader but a firefighter who is always in reaction mode putting out one fire after another. It may feel good to […]