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    • 1099 Forms and Independent Contractors
    • Discrimination and Harassment
    • FMLA requirements
    • Labor Laws
    • Overtime and FLSA
    • Termination
    • Compensation and Benefits
    • Employee handbooks
    • Human Resources Development
    • Insubordination and Employee Discipline
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    • Performance Reviews
    • Recruiting and Hiring
    • Business Etiquette
    • Teamwork
    • Workplace Conflict
    • Business Operations
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    • Payroll
    • Standard Operating Procedures

Mindy Chapman Esq.

As an attorney, author and speaker, Mindy made a difference in the lives of thousands by creating her own path of both teaching and learning. All of us at Business Management Daily will miss her.

Ignorance and Inconsistency: The Two-Step Path to Court

Ignorance and Inconsistency: The Two-Step Path to Court

  • August 11, 2015

Nobody ever said complying with federal employment laws would be easy or inexpensive. It also isn't optional. As this case shows, ignoring your legal...

FMLA Covers Overnight Hospital Stay, But What Counts as ‘Overnight’?

FMLA Covers Overnight Hospital Stay, But What Counts as ‘Overnight’?

  • June 11, 2015

One definition of a serious health condition that would qualify an employee for FMLA leave is “any period of incapacity or treatment connected with inpatient...

The Transgender Bathroom Dilemma: Which Door is Right?

The Transgender Bathroom Dilemma: Which Door is Right?

  • April 23, 2015

As more people are identifying themselves as transgender, the issue of which restroom they should use in the workplace has become controversial and confusing. Until...

The Importance of Documenting Performance: It Never Gets Old

The Importance of Documenting Performance: It Never Gets Old

  • April 16, 2015

In too many cases, managers (and HR) are slow to document employee performance, yet fast to discipline and terminate. As the following case shows, if you plan to fire an...

Hidden Disabilities: What’s Your Responsibility to Accommodate?

Hidden Disabilities: What’s Your Responsibility to Accommodate?

  • March 19, 2015

While the Americans with Disabilities Act (ADA) says you must offer a “reasonable accommodation” to disabled employees, how obvious must the person’s...

Are You ‘On Notice’ of Harassment if Employee Tells Wrong Manager?

Are You ‘On Notice’ of Harassment if Employee Tells Wrong Manager?

  • February 27, 2015

Complaint-reporting procedures are key to your harassment, discrimination and retaliation prevention policy. But does your policy specify exactly to whom employees ...

The ADA: When Does an Alcoholic Diagnosis ‘Wear Off’?

The ADA: When Does an Alcoholic Diagnosis ‘Wear Off’?

  • February 12, 2015

Alcoholism has always been a tricky diagnosis under the Americans with Disabilities Act (ADA). You can discipline employees if their drinking affects the job. But you...

Your Days Are Numbered: Beware Disciplining Employees So Soon After FMLA Requests

Your Days Are Numbered: Beware Disciplining Employees So Soon After FMLA Requests

  • January 09, 2015

When it comes to the Family and Medical Leave Act (FMLA), courts always pull out their stopwatches and calendars to see how closely the employee’s protected...

Don’t Play God! Deciding ‘Sincerity’ of Employee’s Religious Belief is Legal Blasphemy

Don’t Play God! Deciding ‘Sincerity’ of Employee’s Religious Belief is Legal Blasphemy

  • December 04, 2014

In this month of Hanukkah and Christmas, your employees may be taking time off work to attend religious services, as federal law allows them to do. But what if, as in...

Same Job, Different Office: Is That Retaliation?

Same Job, Different Office: Is That Retaliation?

  • September 30, 2014

The American workplace … land of revenge. These days, the most popular employee charge filed with the EEOC has been retaliation—employees complaining that...

He Never Applied, But Can He Still Sue for Hiring Discrimination?

He Never Applied, But Can He Still Sue for Hiring Discrimination?

  • August 29, 2014

When people file discrimination lawsuits (age, race, sex, etc.) based on a hiring decision, they are typically people who have applied and been officially rejected for...

Job Announcements: Can More Details = Fewer Lawsuits?

Job Announcements: Can More Details = Fewer Lawsuits?

  • August 14, 2014

Providing limited information in job announcements can lead a higher number of unqualified applicants. And when applicants have to speculate at the reasons...

Workplace Cliques Break Along Racial Lines: Is That Proof of Race Discrimination?

Workplace Cliques Break Along Racial Lines: Is That Proof of Race Discrimination?

  • July 17, 2014

You may think that what employees do in the breakroom or at a post-work happy hour is their own business. That could be an expensive mistake. As this new case shows,...

Firefighter is Afraid of Fire: Is That an ADA-Covered Disability?

Firefighter is Afraid of Fire: Is That an ADA-Covered Disability?

  • June 26, 2014

What if an employee has a fear of entering a burning building … and that person is employed as firefighter? Is such a fear considered an Americans with...

Is ‘We’re Short-Staffed’ a Legal Reason to Deny Medical Leave?

Is ‘We’re Short-Staffed’ a Legal Reason to Deny Medical Leave?

  • June 04, 2014

Employers often must be fully staffed to function efficiently. But, what’s an employer to do if it is already short staffed and an employee requests leave for a...

‘Third-Party’ Harassment: Is the Customer Always Right?

‘Third-Party’ Harassment: Is the Customer Always Right?

  • May 09, 2014

There is only one boss. The customer. But what if the customer or another outsider is harassing one of your employees? Can your organization be held liable? One court...

Take That! EEOC Says Stealing May Be a ‘Reasonable’ Disability Accommodation

Take That! EEOC Says Stealing May Be a ‘Reasonable’ Disability Accommodation

  • April 24, 2014

We all understand that granting reasonable accommodations under the ADA may include providing employees with a new chair or granting more flexible breaks. But a new...

How Rude! NLRB Says Employer Ban on ‘Inappropriate Behavior’ is Unlawful

How Rude! NLRB Says Employer Ban on ‘Inappropriate Behavior’ is Unlawful

  • April 11, 2014

You read that right. Soon you will recall the good ol’days when employee handbooks could prohibit employees from having a “discourteous or inappropriate...

When is an ADA Accommodation ‘Reasonable’? Seeing is Believing

When is an ADA Accommodation ‘Reasonable’? Seeing is Believing

  • March 27, 2014

Now, this is a good idea. Let’s say you have an employee who is returning from an injury. The Americans with Disabilities Act (ADA) requires you to offer her a...

Lesson from the Facebook ‘Suck It’ Case: Tweak Your Confidentiality Agreement

Lesson from the Facebook ‘Suck It’ Case: Tweak Your Confidentiality Agreement

  • March 07, 2014

There are times when employers are just better off settling an employment lawsuit. Prolonged litigation is costly ... cut your losses and move on. But it’s...

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