R-E-S-P-E-C-T (just a little bit)

I ain’t gonna do you wrong while you’re gone
Ain’t gonna do you wrong ‘cause I don’t wanna
All I’m askin’
Is for a little respect

– Aretha Franklin, “Respect”

Yesterday, my friend and fellow blogger (with whom I tend to agree most of the time), Suzanne Lucas (aka Evil HR Lady), posted an article about which I could not agree more, Why You Should Rarely Fight an Unemployment Claim.

A contrary (and common sense) appellate view on rude employees and the NLRA

It’s been six weeks since I reported on NLRB v. Pier Sixty, in which the 2nd Circuit Court of Appeals held that the National Labor Relations Act protected the profanity-laced Facebook rant of a disgruntled employee. I have hoped that Pier Sixty is an aberration. Thankfully, last week the 1st Circuit came along with a well reasoned contrarian view in a case in which the alleged employee misconduct was much less severe.

WIRTW #464 (the “school’s out…” edition)

One of the elements of my kids’ school that I like most is that the curriculum provides many opportunities for public speaking at every grade level. Each of mine had their separate chance to exhibit their comfort in front of crowd during the last week of school.

The importance of an anti-harassment culture

I came across an interesting article at the Harvard Business Review—The Omissions That Make So Many Sexual Harassment Policies Ineffective. The article starts with a simple question. “If 98% of organizations in the United States have a sexual harassment policy, why does sexual harassment continue to be such a persistent and devastating problem in the American workplace?”

When is a settlement not a settlement? FLSA

When you settle a lawsuit with an employee, you are bargaining for finality. You are paying that employee to resolve all disputes between you, whether asserted or unasserted. You want to be done with that individual forever.

Except that is not always the case.

6th Circuit joins the battle over class-action waivers

There has been much judicial and administrative ink spilled over the past few years over whether the National Labor Relations Act permits employers to require employees to give up their rights to litigate or arbitrate class or collective actions. This issue is one of the most important issues facing employers, which have  looked to class-action and collective-action waivers as an important weapon to fight to scourge of wage and hour litigation. 

Last week, in NLRB v. Alternative Entertainment [pdf], the 6th Circuit joined the battle. 

WIRTW #463 (the “so special” edition)

This weekend is a big one for Norah. Today, she graduates from 5th grade and walks across the quad to become a middle schooler. And tomorrow, she turns 11. I think she’s more excited than usual about this birthday, because 10 was not her favorite year. Let’s just say that she and preteen girl-drama have not mixed well, and some have gone out of their way to make her feel less than special. (and, yes, I realize that the drama is only going to get worse).

Which is why I legit teared up this past weekend when she sang, “Brass in Pocket” by The Pretenders.