Do you have any moonlighters in your workforce? Maybe you have an accountant moonlighting as a van driver or facilities manager. Maybe you have a computer operator moonlighting as a CEO, or even a CEO moonlighting as a computer operator.
Such pairings may not sound likely, but when you consider that working mothers perform one job [...]

by Jeffrey S. Beck
Most employers are aware that to meet the burden of establishing a discrimination claim under the indirect method (i.e., without “smoking gun” evidence of discriminatory intent), an employee must offer evidence that similarly situated individuals outside her protected class were treated more favorably. While that principle is well established, cases can turn [...]

The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher.
HR professionals often struggle with termination decisions. The decision is easy [...]

by Boyd A. Byers
The thirst for revenge is among the strongest of human emotions. In fact, the innate desire to “get even” has driven much of history. But acting on vindictive feelings can have dire consequences — particularly in the world of employment law.

by Reggie Gay
Q: We have a job applicant who worked for us approximately six years ago. There’s nothing negative in her file, but there were some issues with her job performance. Neither of her former supervisors wants to hire her back. She has applied several times and has received rejection letters, but she keeps reapplying. [...]

Employers have started hiring again and are often overwhelmed with huge numbers of resumes, even for entry-level positions. Some companies have decided that an effective way to identify the best candidates is to refuse to consider job applicants who are currently unemployed. But a number of human resources professionals, the Equal Employment Opportunity Commission (EEOC), [...]

Q: I own and operate a business in which physically demanding work is part of the employees’ daily activities. I recently hired several employees who I thought were qualified for the job. However, I quickly learned that they weren’t in good enough health to do what was required of them. This is causing a lot [...]

by David S. Fortney, Fortney & Scott, LLC
Well-counseled employers know their company’s compensation systems increasingly are subject to enforcement actions and litigation challenges. The trend of employers facing significant challenges to their compensation systems is both continuing and accelerating.

When I first thought about writing a lighthearted piece on Debrahlee Lorenzana, she was still a little-known would-be sexual harassment litigant. A few days have passed, and she is now well on her way to being a worldwide phenomenon. It seems that every time you turn on the TV, there she is, talking about how [...]

by Hillary J. Collyer
As a good employer, you certainly have the right to make sure your employees are physically capable of doing their jobs. Thus, you may require an employee to undergo a medical exam when you have legitimate objective concerns about her continued ability to do the job. That’s fine if the exam is [...]