NLRB Releases Guidance on Workplace Investigation Confidentiality Policies

By Hunton & Williams LLP

Furthering its controversial ruling in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the National Labor Relations Board’s (“NLRB’s”) Office of the General Counsel released a memorandum providing additional guidance on the confidentiality of internal workplace investigations. Banner Health held that to require confidentiality of investigations, an employer must show more than a generalized concern with protecting the integrity of its investigations. Rather, an employer must “determine whether in any give[n] investigation witnesses need[ed] protection, evidence [was] in danger of being destroyed, testimony [was] in danger of being fabricated, and there [was] a need to prevent a cover up.” … Continue Reading

Fair Compensation to Non-Family Talent in a Family Run Business

Progressive Discipline – The Employer’s Pros and Cons

Setting up an effective progressive discipline plan

Bullying – Employees Teasing Co-Worker About Personal Appearance? Prepare for Your Own Appearance in Court

By Mindy Chapman, Esq.

Some employees in your organization were probably pestered as kids on the schoolyard for the way they looked. Maybe they wore thick glasses or had an “uncool” backpack. Now these people are older, and they can take their bullying complaints to the court—not just the principal. … Continue Reading

Telecommuting – No Corner Office If You Work at Home

By Wilson Dizard

Workers who telecommute might be putting the brakes on their careers, according to a new report.

Sixty percent of executives think that working from home can hurt an employee’s upward mobility in an organization, according to a survey from Korn/Ferry, a talent-search consultancy.
The generally disapproving attitude comes despite evidence that execs understand the situation of working parents, as most have been in their long-distance workers’ shoes. A full 77 percent have telecommuted in their careers, and 58 percent are working from home now.However, 94 percent of bosses said that telecommuting proves useful to their employees who have children. … Continue Reading

Strategies: No, Your Feelings Aren’t That Important in the Workplace

By Ben Leichtling

You might expect kids or teenagers to think their feelings matter more than anything else.

But by the time you’re an adult, you should know better. Feelings matter, but tasks and relationships usually matter more. … Continue Reading

Performance Management: Anger Management Issues in the Workplace

By Sara Fagnilli

It’s a subject made for the movies! But, unlike its depiction in the 2003 film, Anger Management, treatment for anger management issues is very serious business. Haven’t we all been in a work situation where someone loses their temper? Know the employee with a reputation as the “office screamer?” Sometimes it can even be a boss! … Continue Reading

Telecommuting: How to keep ‘work from home’ employees accountable—without spying

By Liane Cassavoy

I’ve been a part-time, work-from-home employee for years now. And yes, I do work. A lot. Still, I hear whispers from coworkers who wonder if I’m just avoiding a commute to spend quality time with my laundry. And then there are the moms I meet at the park on my day off—the ones who say they love “working from home” (complete with air quotes) because it “gives me so much free time.” … Continue Reading

Performance Management: 33 Unwritten Rules of Management

By Ian McKenzie

These rules are credited to Bill Swanson. In a news story several years ago, it was revealed not all the rules are original. Whatever the source, they are useful aphorisms for life management. … Continue Reading

Diversity Fatigue—Is the Alphabet Soup of Legal Diversity Organizations Helping or Hurting?

By Michelle P. Wimes

I pride myself on being an upbeat, optimistic, get-it-done kind of person who more often than not can find the bright spot in any situation no matter how dire. Even practicing law for 13 years failed to instill in me the skeptical, almost pessimistic outlook many lawyers seem to embrace. But, lately, I have to admit, after six-plus years of being a diversity and inclusion practitioner in a major law firm, I am starting to feel a bit fatigued. The fatigue arises from the slow progress we are making in diversifying the legal profession and the sheer amount of work that remains to be done. … Continue Reading