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Category Archives: harassment
Disturbing Poll On Sex Harrassment
The vast majority of sex harassment cases we see litigated do not have legal merit and that tends to make management labor attorneys wary of harassment claims … at least those that are litigated. It almost seems as if the individuals … Continue reading
“Private Eyes Are Watching You” … With Google Glass?
As I started typing about “Google Glass,” that 80”s song by Hall and Oates began to torment me over and over again … Private Eyes they’re watching you they see your every move Private Eyes they’re watching you Private Eyes … Continue reading
Fire Him For Posting Photos of That Accident?
I was fortunate this week to spend time in Denver with my buddies on the AGC National Safety Committee. We had a good discussion on safety apps and technology, which led into discussions about “can I discipline an employee … Continue reading
Posted in concerted protected activity, cultural changes, discipline and discharge, employer policies, generational differences, harassment, NLRB, social media
Tagged discharge for posting photos of accidents, injured employees or the work site, nlrb and employee posting company logo, protected concerted activity and social media
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Why Is Common Sense So Uncommon?
Don’t get me wrong. I make a handsome living in part because common sense is anything but common. However, I like to prevent labor and employment problems, and I’d do anything to reduce the number of workplace deaths. So I … Continue reading
OSHA Warning: Don’t Get Caught In a Trap!
It’s nice to see that more and more employers and their publications are raising the legal and practical concerns associated with reliance on “lagging indicators,” such as recordable injuries to manage and evaluate safety programs. Go to the Blog of … Continue reading
Response to Another NLRB Social Media Question.
As is often the case, we received hordes of fact-specific questions about what policies are being challenged by the NLRB, and what language has been approved regarding professional behavior, use of social media, courtesy and privacy. I am tempted to … Continue reading
Workplace Violence Complaints Against a Nevada Assembly Member Illustrates Trends
I suspect that Nevada residents wish that the saying “What happens In Vegas stays in Vegas” applied to the embarrassing saga occurring in their State Assembly. My reason for starting this Blog was to have a way to alert clients about trends … Continue reading
Posted in cultural changes, discipline and discharge, emergency response, generational differences, government inspections, harassment, hospitality, workplace violence
Tagged can a boss' threats constitute workplace violence?, osha workplace violance complaints against Nevada State Assembly member, retail and hospitality, workplace violence complaints against coworkers, workplace violence concerns in food service
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Why Would Employees Tease About Nooses In 2013?
I was surprised and disappointed when I read about a punitive damages award against a north Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s noose. It’s 2013, not 1960. It’s … Continue reading
Posted in cultural changes, discipline and discharge, EEOC, government inspections, harassment, managing legal matters
Tagged discrimination and harassment in warehouse and distribution, idiot employees get employers sued, preventing racial harassment before it occurs, race claims about nooses, racial harassment, why would an employee call a coworker a coon in 2013?
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Victories Like These Put Employers Out Of Business
Definition of a Pyrrhic Victory: “a victory at such a great cost that another such victory will lead to defeat.” Lawyers are justly proud when they win a difficult discrimination or harassment case. However, after a couple of hundred thousand … Continue reading
Posted in cultural changes, discipline and discharge, EEOC, government inspections, harassment
Tagged harassment, harassment in construction, hostile work environment in blue collar settings, just sue me, professionalism in construction workplaces, same sex harassment, stupid employee behavior, things idiot employees say
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The Care and Feeding Of Counsel
My Las Vegas partner, Mark Ricciardi, recently posted the Fourth Part of his Blog on “Ten Reasons to Find a New Labor Employment Attorney.” I respect Mark’s opinions because he maintains some of our most enthusiastic clients. Over the next … Continue reading
Posted in acqusition and mergers, combustible dust, concerted protected activity, construction, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, government contracting, government inspections, harassment, hospitality, litigation, managing legal matters, manufacturing, NLRB, OSHA, plant openings and closures, plastics, retail, social media, union organizing, unions, wage hour, workplace violence
Tagged concerted protected activity, CRIMINAL BACKGROUND CHECKS, effective lawyers, employer policies, employment attorney, fast food restaurants, management labor attorney, managing lawyers, nlrb and social media, osha combustible dust requirements, OSHA Inspections, reducing legal fees, retail workers, union organizing, wage hour
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Howard Mavity 