Taking Care of HR Business

A blog from the attorneys of Verrill

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Category: Best Practices

Are Your Employee Technology Policies from the Dark Ages?

With technology advancing at the current rate, the dark ages referenced isn't ten or fifteen years ago, but instead, two or three. If your capacity for reviewing policies and practices at the beginning of the year is limited, working with your information technology department and crafting up-to-date and relevant...
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EEOC's Five Core Principles for Preventing and Addressing Harassment

Last week the EEOC released proposed Enforcement Guidance on Unlawful Harassment with a Press Release noting that the proposed Guidance is available for input until February 9, 2017. Information on how to provide feedback on the Guidance is available here . Whether one chooses to provide feedback or not...
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NLRB Confronts Confrontational Clothing Ban

Earlier this year, the National Labor Relations Board, in Medco Health Solutions of Las Vegas, Inc. , 364 N.R.R.B. No. 115 (Aug. 27, 2016), found that a dress code policy that banned "confrontational" clothing banned federal labor law. The case, stemmed from an incident in which the Company ordered...
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Is Your Company Complying with Updated Federal Posting Requirements?

On August 1, 2016, the DOL issued updated posting requirements for the Employee Polygraph Protection Act and the Employee Rights Under the Fair Labor Standards Act. If you haven't updated your posters, you should do so immediately. You can print out copies here: - Employee Rights Under the Fair...
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FLSA Construction Basics: Build a Solid Foundation with Proper Classification

New England Company & Affiliate Pay $2.6 Million in Back Wages Over the past few years we have discussed the importance of proper classification of workers and the ever-increasing number of DOL audits and wage and hour lawsuits that are stemming from improper classification of the workforce. Yesterday, the...
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Policy to “Conduct only . . . business while at work” Found to Violate NLRA

The Casino Pauma expects employees to work while at work—a concept that is not foreign to many of us. In fact, they put the expectation into writing and placed in their employee handbook a clause which provided: "Team members are to conduct only Casino Pauma business while at work...
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Co-Workers with Zenefits

Apparently it is going to be a lot less fun to work at Zenefits, a health insurance brokerage start-up, than it used to be. A month ago, David Sacks, the aptly named CEO of Zenefits, banned alcohol in the workplace. Apparently, occasionally co-workers would gather in the office to...
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Casino Owner's "Seaman Exemption" On the Rocks in Georgia

We love boat cases! We also love it when our colleagues makes clever arguments, even if those arguments are a bit of a stretch. The casino ship Emerald Princess II hailed from the port of Brunswick, Georgia. On weekdays, she would take a boatload of adventure seekers on a...
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Sports, Beer, and Work

We laugh about employee engagement and productivity on the day after the Super Bowl; we joke about productivity on Black Friday; welcome today to a similar situation—when March Madness begins and drinking is abound. Should we celebrate the combination of the two dates, with the ever-optimistic view that now...
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Take Your Child to Work Day (or Year) and the White Sox

Father and Son and Baseball is like . . . well it's actually not like anything else, it is America. Have you seen #FamilyFirst and the publicity that has accompanied Adam LaRoche's decision to leave the White Sox? If not, you can catch up here . How, you're asking...
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‘Tis the Season…For Verrill Dana to Break Into Song

Last year we brought you a lively selection of labor and employment-related tips insofar as my true love gifted me presents (or failed to gift said presents) throughout the 12 days of Christmas (if you missed it you can start catching up here , and here , and here...
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When It Is Not A Laughing Matter

While this blog does attempt to bring humor to employment law, we by no means make light of the difficult issues that corporations are faced with when interacting with employees. This blog post will not be filled with puns or YouTube videos, but instead will focus on the events...
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Does Your Social Media Policy Need An Anti-Parasitic Drug?

My Facebook news feed blew up last week with reaction to Martin Shkreli's company, Turing's, 5,000% increase in the price of the anti-parasitic drug Daraprim from $13.50 per pill to $750 per pill. While an interesting case study in ethics, politics, and how health care and pharmaceuticals are managed...
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It's Not Just Hillary Clinton Who Has to Worry About Security Protocols

Last month, the FTC issued new "guidance" on data security for companies that collect, store, and use consumer data. This guidance "summarizes the lessons learned from more than 50 law enforcement actions the FTC has announced so far." The full text of the FTC's Start with Security: A Guide...
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You Accommodate Your Employees, But Do They Accommodate Your Customers?

Late last month we posted on Indiana's "Religious Freedom" bill. Since then, the bill has been amended and states (including Maine ) with similar pending legislation have reconsidered the propriety of such legislation. Additionally, recently the New York Times published an article focusing on delays and disruptions that were/are...
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Who Signed that Doctor's Note?

The 8th Circuit recently held that the FLSA's "continuing treatment" requirement means more than just walking into a clinic and leaving with a prescription. In Johnson v. Wheeling Mach, Prods. (8th Cir. No. 13-3786 Feb. 20, 2015) the employer terminated the Plaintiff after violations of the company attendance policy...
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“Tie Up” Your Employee Policies to Guard Against “Grey” Areas of Liability

Last week Representative Mark Meadows (R-N.C.) introduced into the U.S. House of Representatives H.R. 901, "The Eliminating Pornography From Agencies Act," an Act with the purpose of prohibiting the accessing of pornographic web sites from federal computers and for other purposes. While the Act was likely introduced in response...
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