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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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You’ll pay if dress code incites harassment

If you are in the restaurant or entertainment industry and require employees to wear revealing outfits at work, prepare for an unfortunate if entirely predictable consequence: Customers may harass your workers. That’s a genuine legal risk, and it’s just as serious as if a supervisor was doing the harassing.

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Can we adapt a privacy policy from a third-party vendor?

We use an applicant tracking system to help with screening and hiring. Until recently, we were able to link the ATS privacy policy to notify applicants of their privacy rights to the information they submit. They have now told us we need to link to our own privacy policy. Can we adopt theirs (copy and paste) as our own?

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How do we handle employees using personal cell phones for business?

We provide company cell phones for our employees. Sometimes it can be a hassle to use two phones, the company and personal. If we decided to have our employees use their personal cell phones, could that be a jeopardy for the company?

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DOJ to seek criminal charges against federal contractors with ‘illegal’ DEI programs

A memo makes clear that the DOJ wants whistleblowers to come forward with allegations of rogue DEI programs.

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OK to expect better behavior from managers

It’s fine to hold managers to a higher standard of conduct than regular employees. While a subordinate might be excused for a minor rule breach, his supervisor could legitimately be disciplined for breaking the same rule. Just make sure your handbook outlines this greater expectation.

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OK to terminate even if handbook doesn’t address obvious employee wrongdoing

Most handbooks explain the kinds of employee misconduct that might warrant termination. However, it’s impossible to envision every situation that might add up to a firing offense. That’s OK. If an employee does or says something that clearly requires immediate discharge, don’t let the lack of a handbook policy stop you from acting.

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Follow EEOC guidance on English-only rules at work

No law specifically prohibits a workplace rule requiring employees to only speak English on the job. However, the EEOC is aggressively challenging English-only rules under Title VII, which bars national-origin discrimination.

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Watch out for dress codes that could trigger ADA lawsuits

Enforce your dress and grooming code too rigidly and you could find yourself on the losing end of a failure-to-accommodate lawsuit. Here’s a case showing that common medical problems may require employers to bend their dress-code rules to accommodate employee disabilities.

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Be better! Anti-harassment training, half-hearted investigations aren’t enough

Why aren’t anti-harassment policies more effective at preventing harassment? The answer may lie in ineffective training and the failure of employers to follow their own policies.

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Play ball! But limit your liability at summer social events

Say your marketing director breaks his leg during an after-hours employee softball game against a crosstown company. Who’s responsible? You might be surprised.

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