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February 2015 Newsletter

“No, I’m not disingenuous—You’re disingenuous!” “I’ll see your motion for sanctions and raise you a bar association complaint!” Does fighting fire with fire produce the best results? Or is there another way? Karate & Legal Advocacy Years ago, I studied Karate. Karate is defensive. My Sensei used to say, “The best fight is the one you avoid.” Yet we were drilled endlessly on block-strike techniques. The attack comes; you block it; and then...
In last week’s State of the Union address, President Barack Obama continued his ongoing push for nationwide privacy legislation to “better meet the evolving threat of cyber-attacks, combat identity theft, and protect our children’s information.” Recognizing the real threats posed by inadequate remedies for cybersecurity breaches, the president noted that “[n]o foreign nation, no hacker, should be able to shut down our networks, steal our trade...
So what’s it going to be for 2015? Get up and run three miles every morning? Finally pay off those credit cards? Learn to speak French? Before you finish the list of New Year’s resolutions, consider adding a few on the human resources front. Below are a few recommendations for HR leaders—the payoff will be much better than losing 10 pounds (again). Pick a few and knock them off early in the year, and call it a good start. Waive Goodbye to Class...
A diabetic employee who quit her job in response to her employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), according to the First Circuit Court of Appeals, because she failed to participate in the interactive process in good faith. EEOC v. Kohl’s Dep’t Stores, Inc., No. 14-1268 (December 19, 2014). Factual Background Pamela Manning, who suffers from Type I...
On January 1, 2015, California 's Healthy Workplaces, Healthy Families Act of 2014 (California paid sick leave act) went into effect.  When Governor Edmund G. Brown, Jr. signed the Act into law on September 10, 2014, California became the second state to mandate that certain employers provide paid sick leave to employees.1  In addition, at least 18 cities, three of which are in California, have passed their own mandatory sick...
As a boss, have you ever been frustrated by employees who either (a) kept you in the dark or (b) sought your approval for everything? As an employee, have you ever been frustrated by bosses who either (a) kept you in the dark or (b) insisted on their approval for everything? If you’re a boss, you know that being left in the dark can erode trust and produce micromanagement or avoidance. Yet continually being interrupted to help others make...
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