April 7, 2025
Checklist: 5 elements of an effective disciplinary ‘write-up’

The five elements every disciplinary document should include.

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April 4, 2025
State marijuana rules create employer confusion

A recent Florida state court decision makes it clear that in that state, workers can’t be fired for the off-duty use of medical marijuana if the usage is related to a disability and the employee isn’t impaired when working.

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April 4, 2025
Schedule cut to accommodate PUMP breaks? Not so fast

For an hourly worker, more frequent milk-expression breaks can be unpaid if she’s completely relieved of work duties during pumping time. But what about making scheduling changes that may cut pay? According to a newly filed lawsuit, that’s not an appropriate approach.

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April 3, 2025
3 tips for managing workplace investigations

The clock starts ticking when an employee files a complaint. Human resources professionals have a short window to build trust with the complaining employee and demonstrate that their concerns are being taken seriously. Keep these three tips in mind when facing a workplace investigation.

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April 3, 2025
Recognize the bright line between harassment and run-of-the-mill personality clashes

Take solace in the fact that unless workplace animosity creates a truly hostile environment, allegations of discrimination or harassment won’t succeed in court unless an employee can prove that a co-worker targeted him because of protected characteristics such as race, gender, religion or national origin.

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April 2, 2025
Checking in with the EEOC and their current focuses

What is the EEOC interested in now?

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April 2, 2025
How PWFA accommodations differ from accommodations under other laws

Accommodations under the Pregnant Workers Fairness Act can look very familiar at first glance. The PWFA requires the same interactive process as the Americans with Disabilities Act and religious accommodation under Title VII of the Civil Rights Act. The PWFA allows employers to reject specific accommodations if they can demonstrate an undue hardship. The similarity ends there.

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April 1, 2025
How should we go about granting comp time?

We have a comp-time policy, but we’re encountering some pushback from employees. They believe that any time worked over eight hours qualifies for comp time. How should we determine the threshold for comp-time eligibility?

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April 1, 2025
Clear violation of your rules? Courts won’t second-guess disciplinary decision

You have workplace rules for a reason, and you can require employees to follow them. If someone breaks your rules or violates your policies, feel free to discipline them. As long as you enforce your rules evenhandedly and impose discipline consistently, courts are unlikely to second-guess your decision to punish employees.

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March 31, 2025
Review outsourced training to ensure it’s free of risky content

Training provided by other vendors might not stand up to legal scrutiny. And not all outsourced anti-harassment training programs are of equal quality. It’s up to HR to make sure training materials are accurate, reliable and legal. Remember, whether you created the training or outsourced it, your organization is responsible for it.

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