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Showing 76 posts from 2013.
Complete Your Non-Compete: Helpful Drafting Tips
Perhaps you consider your non-compete agreement just one form in a stack of many? When it is time to use it there is not much to the process: you retrieve it from the HR office, briefly discuss it with the employee, and he willingly signs it. But such a practice is a perilous one because non-compete agreements are not meant to be “one-size-fits-all.” Rather, they should be thoughtfully tweaked to each specific employee and situation. By relying on boilerplate language and fill-in-the-blank forms, you are risking the chance that a court will find your agreement unenforceable. More >
Recognizing Liability for Employee Recognition Programs
Employers frequently utilize recognition programs as a way of rewarding employees for a job well done and boosting office morale. “Employee of the Month” programs (“EMP”), however, can sometimes have the opposite effect and can actually become liability traps for employers if not run fairly. More >
A Checklist for Reference Checks
Thorough research during an employer’s hiring phase can prevent undesirable employees from becoming part of a workforce. There is no better way to get an accurate assessment of job applicants than by speaking with people who have actually worked with them. Before picking up the phone, however, potential employers should keep a few things in mind: More >
Weight For It: How Will The AMA’s New Decision Affect Employers?
In a press release issued on June 18, 2013, the American Medical Association (“AMA”) declared obesity as a “disease.” The decision was met with sharp controversy, as it automatically classified millions of overweight Americans as diseased. Critics of the classification believe that obesity is not a disease and that there is no way to determine one’s health based on a number on the scale. The AMA hopes the new label will lead to better coverage and treatment for those who suffer from obesity. More >
Crying Over Spilled Milk: What Companies Can Learn from the Paula Deen Disaster
Paula Deen may be the most recent celebrity to ruin the brand she built, but she is certainly not the first. Consider Martha Stewart, Tiger Woods, and Lance Armstrong. At one point, all had an empire built around their name and reputation. And, just like that, all were vehemently vilified by the press and public when an aspect of their personal lives became front-page news, resulting in the swift destruction of their businesses. More >
Menacing Social Media: When Your Business is Defamed Online
Social media is a wonderful tool for businesses. In fact, in today’s Internet-reliant society, it is quickly becoming a necessity. More >
Who Owns Your Company’s Social Media Accounts?
Some business assets are easy to spot: a company car or fax machine, for example. Others are intangible, like a bank account or line of credit. More >
Do LinkedIn Endorsements Create a Chink in Professionalism?
LinkedIn is touted as the “World’s Largest Professional Network.” A far cry from more personal social media sites like Facebook and Twitter, LinkedIn keeps the emphasis on people’s employment and their professional connections. Consider it like a networking event, only online. Unlike in-person networking, though, LinkedIn enables people to make connections with anyone, anywhere. More >
Employer Mandate Delayed
On behalf of McBrayer law More >
Victories for Employers at the Supreme Court Level, cont.
On June 25, 2013, the Supreme Court, in the second big win for employers, clarified what standard employees must meet to successfully pursue a retaliation claim under Title VII of the Civil Rights Act of 1964. No longer will employees be able to prevail on retaliation claims just by demonstrating that retaliation was a “motivating factor” in an employer’s adverse employment action towards the employee. More >
