Don't be the employer who demonstrates why the employment laws were enacted in the first place.  Questions come up like "can we fire the employee who just filed a workers compensation complaint against us since now our rates will go up;" "do I have to investigate this complaint of sexual harassment, especially now that the grievant has quit;" "his racist jokes were all in good fun, so no harm, no foul right;" "my employees seem to enjoy sitting on my lap during the holidays when I pretend to be Santa, what's the big deal?"  Worse is when conduct like this occurs but no one even questions whether it is legal or appropriate.

When you are asked by a potential employer, "what religion are you," head for the hills, unless you are actually applying for a religious job where that may possibly, in narrow circumstances, be legally permissible.  There are many nuances to employment law where the legally correct answer requires research and an opinion from an employment lawyer, but the above questions and thinking are not as unusual as you might think.  Although employers in employment-at-will states like Kansas have great latitude, it is certainly not unfettered.  Educate yourself and your key employees on the basics of employment law and have a good employment lawyer's number handy.  If in doubt about whether something is legal, pick up the phone and ask your counsel.  A quick call can avoid years of litigation, time, risk and expense.  No question is too dumb.  Don't just wing it and hope for the best.  That does not constitute a viable, sensible business strategy.  

As an employee, if your employer does not take legitimate concerns seriously, fosters a toxic, disrespectful environment, find another job and leave.  Blatant and obvious employment law violations are one clear signal about your employer.  When you are experiencing serious problems, consult a qualified employment attorney right away and find out about your rights and options.  Even if the law has not been violated, you may need to think about where you want to best expend your efforts.  Time is short.  Shine well and brightly as employers and as employees, in a mutually respectful and rewarding environment.  Anything less should be unacceptable.
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Although certain areas of employment law are specific with a fairly straight-forward answer, like the question of what is the federal minimum wage, most issues are not.  Even within the minimum wage example, issues may arise as to whether state wage law applies or the federal Fair Labor Standards Act ("FLSA").  Many states have their own minimum wage rate which may be the same, lower or higher than federal law.  Also, there are exemptions and partial exemptions from federal law.  For example, there are minimum wage exemptions under the FLSA for babysitters, certain workers with disabilities, fishing workers, homemakers making wreaths, and more.  There are special minimum pay rates for tipped employees and even students.  These many and various exemptions and partial exceptions are quite specific but fact-intensive in application.  How does one apply the tip credit and to whom does it apply?  What kind of record-keeping is required? These are just some of the questions in an area that, at first glance, seems simple.   

Continuing with the FLSA example, there is the text of the law itself to consider, the many regulations promulgated by the Department of Labor, opinion letters and other guidance from the Department of Labor and also court decisions which shed light on various fact patterns and which may not always agree with the Department of Labor (although the courts do give great deference to the Department of Labor's interpretations, the courts have not always agreed with an administrative agency's interpretations of the laws it is tasked to enforce).  And, to make matters worse, employment law is constantly changing.  What was good law yesterday may not be good law today. 
  
 For many questions relating to employment law, there is no one hundred percent guaranteed answer because every fact pattern is different.  There are probabilities. The law is a human endeavor.  Each judge is different, every jury is different too, and that must also be factored into the equation.  Juries are much different in California than in Kansas and even a cursory review of decisions from these two jurisdictions demonstrates this.  Every terminated employee's situation is unique.  There may be close case law analogies which help but every case involves uniquenesses. Because this is life.  A law library has many books for a reason.  Thus, the need for experienced legal advice, particularly in complicated situations.  Even the simple minimum wage question can have wrinkles, let alone convoluted factual patterns involved in wrongful discharge and other complex employment law questions.  

Do not make the mistake of erroneously assuming the law is simply the application of common sense (although it helps to have some common sense too) to any given factual situation.  It is not.  A simple google search will not get the job done in most cases either.  Understand there can often be at least 50 shades of gray in employment law, so get competent, sage advice or suffer the hefty consequences of employment law ignorance.   Ignorance is not bliss.
   http://www.employmentlawman.com/monday-morning-musings.html

The Department of Labor has revised its regulations to the federal Family and Medical Leave Act effective March 27, 2015.  The change involves the definition of "spouse," which will now include workers in same-sex marriages.  If the same-sex marriage was valid in the state of celebration, the couple are "spouses" within the meaning of the FMLA in any state in which they thereafter reside, whether same-sex marriage is recognized in the state of residence or not. 

Thus, eligible employees will be able to take FMLA leave to care for their lawfully married same-sex spouse with a serious health condition; qualifying emergency leave due to their lawfully married same-sex spouse's covered military service; and military caregiver leave for their lawfully married same-sex spouse.

 It is important to further note that common law marriage is valid marriage within the meaning of the FMLA, but partners in civil unions or domestic partnerships are not protected under the FMLA.  

Finally, eligible employees may take FMLA leave to care for a stepchild as well as FMLA leave to care for a stepparent who is a same-sex spouse of the eligible employee's parent.  
http://www.employmentlawman.com/monday-morning-musings.html

Some employers seek mythical employees, desiring people with no personal lives or outside interests, with top-notch educations but willing to work for jobs paying little money, minimal benefits, and arduous hours. And they need to be in perfect health at all times and never question authority.  In other words, robots.

The other side of this is the mythical employer.  This includes those applicants and employees who want to work for employers doing whatever work pleases them and is fun, in only the way they wish to perform the work, at their own pace and schedule with no deadlines or pressure, all in exchange for large sums of money and lots of vacation.  In other words, dreamers and the slightly delusional.  

Somewhere between these two extremes is reality.  Employers have the right to expect best efforts from their employees but at a fair rate of compensation given each individual's education, training, experience, and performance.  In other words, a fair day's work for a fair day's pay.  Employees have the additional rights to be treated respectfully, valued members of the team, with the employer's understanding that we are all human and imperfect.  Each side needs the other to achieve true success.  Let's all dream big, continually improve through time and effort, but still have realistic expectations of each other. 
http://www.employmentlawman.com/monday-morning-musings.html   

 

Most of us have seen the classic Saturday Night Live skit with Will Ferrell and Christopher Walken in which Walken's character, a music producer, tells Ferrell's musician character that the band's song needs more cowbell.  "I have a fever. And the only prescription is more cowbell."  How many of you feel your company could use a little more zip, a little more flavor, even just some spark of life and personality?

Various workplace polls show that many employees, even a majority, are disengaged at work to a greater or lesser degree.  Poor selection practices, little commitment to employee development, retention of poor managers and other poor performers, inadequate appreciation of good employees, little to no commitment to retaining good employees, mind-numbing work, the list goes on.  If you find yourself in a dysfunctional company, don't stick around forever hoping things will magically get better.  Find a place where your contributions are valued and you are viewed as an important member of the team, a place you are grateful to be, with an employer who is equally grateful to have you there.  If you are in a leadership position, create a workplace with some personality and respect for others, regardless of their position.  Everybody's position is important to the success of the organization.    

As an employer, review your retention program, your hiring process, your training and mentoring programs, your grievance processes, the quality and accuracy of communications, your employee reward and recognition programs.  If employees are not engaged, find out why.  It could be a simple fix.  Maybe you expect too many hours from your workers and they are worn out.  Maybe you don't challenge your best employees enough to stay but you could if you were a little more creative or paid people what they are worth.  All work is somewhat routine and can become monotonous but there are often things you can do to add a little more cowbell to your organization.  Who couldn't use a little more cowbell really?
http://www.employmentlawman.com/monday-morning-musings.html