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Archive for February, 2018

Second Circuit Rules Sexual Orientation is Protected by Title VII

Yesterday the Second Circuit Court of Appeals became the second federal appellate court to rule that under Title VII of the Civil Rights Act of 1964, the word sex includes sexual orientation. The first was the Seventh Circuit, which we reported on last April. The Second Circuit Court’s ruling yesterday affects only New York, Vermont, and Connecticut. All three of these states already prohibit discrimination in employment because of sexual orientation, so the ruling does not have a significant impact on employers there. It does, however, ensure that it is possible for employees who feel they have been discriminated against based on sexual orientation to sue under both state and federal l

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Three Tips for Effective Coaching

The performance of your company is directly tied to the performance of your employees, so one of the best ways to develop your company is to develop the people who work for you. While you can motivate your employees by rewarding success and disciplining failure, these incentives and disincentives will only get you so far. If your employees only perform well to get a reward or avoid discipline, they’re not truly invested in your company’s success. A great way to get employees invested is to invest in them. And one way you can do that is through coaching. Coaching is a management style that develops employees by assessing, improving, and tracking their knowledge, skills, and abili

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DOL Adopts New Unpaid Intern Test

The Department of Labor (DOL) adopted a new test for unpaid interns. Employers should use this test—called the primary beneficiary test—when determining if a worker can be properly classified as an unpaid intern or if they need to be classified as an employee and paid minimum wage and overtime. The test adopted by the DOL has already been in use in four federal appellate courts, most recently the Ninth Circuit Court of Appeals. The DOL’s switch to the primary beneficiary test creates a nationwide standard. Balancing v. All-or-Nothing Previously, the DOL was using a six-question all-or-nothing test. An employer needed to be able to say “yes, the internship does that” to all six

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