Tag – Nursing Homes: Employment & Labor Insider

Posts tagged Nursing Homes.

How to make the EEOC love you (retaliation edition)

By Robin Shea on 9.2.16
Posted in Retaliation

Employers, imagine that a retaliation charge has been filed against your company. What can you do to make the EEOC investigator love you?

Late last week, the Equal Employment Opportunity Commission issued its final Enforcement Guidance on Retaliation and Related Issues, accompanied by a Q&A, and a Small Business Fact Sheet.

I had three fairly detailed blog posts on the ...

Password sharing and "head-slap hacks": What employers can do

By Robin Shea on 7.22.16
Posted in Data Privacy, eLaw

If you have ever wondered why your company's data is not as secure as it should be, take a look in the mirror.

A study by the Ponemon Institute, commissioned by Experian and released in May, found that the majority of data breaches were not due to bad IT but due to bad employees who prey on unwitting or careless employees.

And it doesn't take a computer science degree to be able to do some ...

BEFORE YOU FIRE: 20 questions every employer should ask

By Robin Shea on 11.13.15
Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Evidence, Family and Medical Leave Act, Harassment, Labor Relations, Protected Concerted Activity, Retaliation, Safety, Settlements, Unemployment, Workers' Compensation

So you think you're ready to terminate an employee. Are you really?

Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I've missed anything, please feel free to add your own in the comments.

GETTING STARTED

No. 1. Is the employee covered by a collective bargaining agreement? If so, make sure that whatever you do is consistent ...

15 for '15: Employment and labor resolutions for the new year

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest.

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square!

The "Dirty Dozen": Top 12 employer harassment mistakes

By Robin Shea on 8.8.14
Posted in Harassment

Today is the last day to vote for the 2014 ABA Blawg 100. If you have already voted, thank you! If you have not voted and are so inclined, please go here before 5 p.m. Eastern today and briefly tell them why you think Employment & Labor Insider should be on the "A" list of employment law blogs. We very much appreciate your support!

According to statistics collected by the Equal Employment ...

Should the taxpayers of San Diego pay Filner's legal fees in his sexual harassment case?

By Robin Shea on 8.2.13
Posted in Harassment

Chutzpah is "that quality enshrined in a man who, having killed his mother and father, throws himself on the mercy of the court because he's an orphan."

(Dang, Leo Rosten, you were good!)

Well, anyway, that brings us to Mayor Bob Filner of San Diego, California. Home of Ron Burgundy and Veronica Corningstone.

Now that I think about that -- uh-oh.

I almost missed the Filner story because I've ...

Five reasons why every employer CAN afford harassment training

By Robin Shea on 11.16.12
Posted in Harassment

In tough economic times, harassment training tends to be viewed as a luxury that can be gone without until things get better.

I understand this thinking, but harassment training on a regular basis is never a "luxury." It's a "cost of doing business." That is the reality. Here are five reasons why:

"Don't be 'cheep' about your harassment training. (tehe - get it?)"

*Turnover. If it's been ...

11 Employer FAQs: (No. 4): Should I offer harassment training to rank-and-file employees? Isn't that just asking for trouble?

By Robin Shea on 8.31.11
Posted in Discrimination, Harassment, Retaliation

Over the next 8 business days, I'll have a series of short posts addressing common questions that employers have about the law. If there is an "FAQ" that you would like for me to address, please let me know in the comments box.

I may also have more in-depth postings as circumstances warrant.

Employer FAQ No. 4: Should I offer harassment training to rank-and-file employees? Isn't that just ...

5 Ways Employers Make Plaintiffs' Lawyers Very, Very Happy

By Robin Shea on 3.25.11
Posted in Discrimination, Wage-Hour

John Gallagher, a plaintiffs' lawyer, had a good posting last week on TLNT entitled "Can an Employee Be Terminated for Simply Surfing the Internet?"

The point of the article was that, although this seems to be a legitimate ground for termination on its face, it really isn't because everybody surfs the internet at work. Therefore, terminations for this reason make John very happy ...

Equal-opportunity harassers, dirty old men, retaliation, and the "gender gap" on Wikipedia: pressing legal issues of the day

By Robin Shea on 2.4.11
Posted in Discrimination, Harassment, Retaliation, Safety

Latest dispatches from the employment law front:

If you're going to be an SOB, make sure you're an SOB to everybody. A federal district court in Kentucky granted summary judgment to the employer in a sexual harassment case. The female plaintiffs alleged that a charlatan "turnaround specialist" hired by their CEO was not "motivated by sexual desire" but was simply abusive and ...

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