Crosgrove Publications

Listed in the order they were ACCEPTED:

1. Forcing Current and Former Employees to Divulge Passwords: Ardis Health v. Nankivell and the Lessons Learned.

HR: Advisor, Jan/Feb 2014

Abstract: The business and employee operations should be set up so the loss of any one employee does not have the potential to cripple business operations. Policies and procedures should be implemented that preclude anything similar to what happened in Ardis. However, if a vindictive employee does take steps to sabotage the ability of their employer’s access to services, the courts can step in and prevent economic disaster.

 

2. A Black Swan for Fox Entertainment Group: How to Avoid FLSA Violations When Dealing with Interns.

Journal of Leadership, Accountability and Ethics, Vol 11, 2014.

Abstract: Unpaid internships have long been a part of the business world. Internships provide the intern with training and experience, while the employer may evaluate potential employees in a non-binding environment. Federal and State laws place strict requirements upon employers to assure that interns are not in fact employees entitled to be paid under the Fair Labor Standards Act. The recent Black Swan case involving Fox Searchlight Pictures, Inc., highlights these requirements.

 

3. Personal E-Mails on Company Computers: HR Policies to Assure Legal Compliance with U.S. Privacy Laws.

HR Advisor, July/August 2014.

Abstract: For decades, employers have faced sometimes confusing, and rarely definitive rules, surrounding their right to read employee e-mails. This article focuses on several recent key legal decisions that, when taken as a whole, give guidance to employers as to the policies and procedures to adopt in order to preserve their right to examine and review otherwise potentially private employee e-mails sent and received on company computers.

 

4. Looking in the Mirror: How EEOC Rulings and Statutory Changes Are Compelling Employers to Assess Their Felon Hiring Practices.

HR: Advisor September/October 2014.

Abstract: Background checks are becoming more prevalent among employers and many organizations are refusing to hire anyone with a criminal record. With one in thirty-seven adults spending some time of their lives in prison, changing employment laws, and an aging labor force, employers who have ‘‘no felon’’ policies should consider taking a serious look at their hiring policies and practices. It is important for human resource executives and professionals to have a full and comprehensive understanding of their ‘‘felony’’ policies and how their policies can affect their organization legally and the overall communities that they are part of.

 

5. Lawsuit Service via Facebook and LinkedIn? HR Policies Needed to Cope With Electronic Service of Lawsuits on Domestic and International Companies.

HR: Advisor  November/December 2014.

Abstract: Traditionally, companies have received notice of lawsuits via personal service by an authorized ‘‘process server’’, via delivery of certified mail, or in situations where the defendant is actively avoiding service, via physical delivery to the defendant’s last known physical address and/or legal notices in newspapers. A recent ruling in WhosHere, Inc. v. Gokhan Orun, highlights the new trend that, under certain circumstances, a company may be served via its Facebook and LinkedIn pages or other electronic presence.

 

6. The Americans with Disabilities Act, Telecommuting, and Reasonable Accommodations.

Journal of Leadership, Accountability and Ethics, Vol 12 (3) 2015.

Abstract: The Americans With Disabilities Act, along with the ADA Amendments Act, court decisions, and technological advances, have combined to create a situation which, at the time of original ADA’s passage in 1990, would have been virtually unthinkable—employees with some disabilities now have the right to legally demand that they be allowed to work from home. With the advancing age of the workforce, and increases in networking abilities to link the home into the office, the number of employers facing said demands is certain to increase. The following is a guide for analyzing and dealing with said demands.

 

7. Workplace Drug Screening: How to Prevent it From Driving Away Millennial Employees

Journal of Leadership, Accountability and Ethics, Vol 13 (2) 2016.

Abstract: As marijuana use is decriminalized in more states, but remains criminal under Federal laws, employers often face a scenario where employee drug testing is alienating the new largest work segment—Millennials. Further, even though few Millennials actually use marijuana, they do favor the right to use and are strongly against employer workplace testing.  Further, Millennials have demonstrated they will—in far greater numbers than their preceding generations—leave employers they do not feel politically or socially aligned with. This paper discusses these issues, and offers suggestion on how employers can retain their testing practices while addressing the feelings of Millennials, to create an environment where Millennials feel more positively aligned with their employers despite the testing.

 

8. Can Compensation and Benefits Managers Be Personally Liable For FMLA (and FLSA) Decisions?  Federal Court Of Appeals Says “Yes”.

Journal of Compensation and Benefits, Journal of Compensation and Benefits.  Vol 32, No. 3. Sep/Oct 2016

Abstract: Generally, people who work in Benefits, Compensation, or other HR areas are not individually civilly liable for decisions made regarding an employee’s benefits, work, or termination. However, a recent Federal Court ruling has stated that said practitioners are actually “employers” under the Family Medical Leave Act, and can be sued in their personal capacity when an employee is alleging FMLA violations. The article covers the case law, and offers steps that practitioners can take to help protect themselves from liability.

 

9. How Millennials are Redefining What Benefits Employers Should Offer– Transgender Inclusivity

Journal of Compensation and Benefits.  Vol 32, No. 4. Nov/Dec 2016

Abstract: In April 2016 researchers from The University of Toledo College of Business and Innovation surveyed 3,552 employees from Midwest universities to gauge the importance of various work-environment related factors. These ran from traditional compensation and benefits criteria such as retirement packages and profit-sharing to nontraditional criteria such as flexible work procedures and unpaid discretionary time off. The results give an indicator of how important various factors of employment can be seen as a benefit to employees, as they define “benefit”, and can then be assessed on the cost of the benefit. The final results included five “benefits” which cost incredibly little to implement, and yet outranked other traditionally defined benefits.  This paper is the first of five which will cover low or no cost benefits desired by employees that managers can inexpensively implement. This first paper will cover the benefit of working for an employer that has policies inclusive of transgender people.  It does not argue the politics or philosophy of being transgender. Instead, it merely looks at the subject from a cost analysis based on how strongly employees, especially Millennial employees, favor these inclusive policies.

 

10. Transgender Inclusion in the Workplace: How the DOJ, EEOC, OSHA, Millennials, and Gen X are Forcing Changes in Employer Practices

Workforce Productivity and Compensation Institute / Journal of Compensation and Benefits

November 8, 2016

Abstract: 2015 and 2016 have been pivotal years for employers as the transgender community has moved to the forefront of many conversations.  High profile celebrities such as Caitlyn Jenner and Laverne Cox have brought many transgender people out of hiding, and seeking employment. The news is full of reports in the national media about states passing laws affecting the lives of transgender people.

These debates are heated, dramatic and provide little instruction to employers who are faced with this seemingly new diversity and discrimination issue. Gender identity and transgender issues often are a new topic for corporate America. The intention of this report is to provide legal guidance and assistance as HR practitioners trying to wade through the confusion. In addition, it will provide a summary of best practices that advocacy groups are encouraging corporate America to adopt. Inclusion and diversity is required, and this report will provide a basic playbook for how to create a welcoming and inclusive culture that is insulated from legal risks.

 

11. How Millennials are Redefining What Benefits Employers Should Offer—Flexible Workplace Procedures

Journal of Compensation and Benefits.  Vol 32, No. 5, January/February 2017

Abstract: In April 2016, researchers from The University of Toledo College of Business and Innovation surveyed 3,552 employees from Midwest universities to gauge the importance of various work-environment related factors. These ran from traditional compensation and benefits criteria such as retirement packages and profit-sharing to nontraditional criteria such as flexible work procedures and unpaid discretionary time off. The results give an indicator of how important various factors of employment can be seen as a benefit to employees, as they define “benefit”, and can then be assessed on the cost of the benefit. The final results included five “benefits” which cost incredibly little to implement, and yet outranked other traditionally defined benefits.  This paper is the second of five which will cover low or no cost benefits desired by employees that managers can inexpensively implement. This paper will cover the benefit of working for an employer that has policies that allow, and encourage, flexibility in work place procedures where possible – i.e. focusing on results, or “Management by Objectives”.  It also covers some of the potential problems associated with implementing flexible work procedures, as well as potential problems from not doing so.

 

12. Antitrust Update: DOJ and FTC Issue Joint Statement Cautioning Against Hiring and Compensation Practices

Journal of Compensation and Benefits (Pending)

Abstract: On October 25, 2016, the United States Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly released a document indicating that the Federal Government is stepping up its investigation and enforcement of Antitrust hiring, wage, and compensation practices. The document, entitled “Antitrust Guidance for Human Resource Professionals” , (“AGHRP”), spells out several practices of hiring and compensation which can result in criminal and civil penalties for employers which engage in them, as well as the staff members that are involved in the process. These practices include agreements not to hire each other’s employees (“no poaching agreement”), agreements not to offer wages above a certain threshold (“wage-fixing”), and agreements to limit employee benefits. While targeting these specific practices is not a new activity for the DOJ or FTC, the joint publication of the document indicates that the DOJ and FTC is planning increased prosecution levels for violations.

 

13. How Millennials are Redefining What Benefits Employers Should Offer— #3 Discretionary Time Off

Journal of Compensation and Benefits, Vol 32, No. 5, January/February 2017

Abstract: In April 2016, researchers from The University of Toledo College of Business and Innovation surveyed 3,552 employees from Midwest universities to gauge the importance of various work-environment related factors. These ran from traditional compensation and benefits criteria such as retirement packages and profit-sharing to nontraditional criteria such as flexible work procedures and unpaid discretionary time off. The results give an indicator of how important various factors of employment can be seen as a benefit to employees, as they define “benefit”, and can then be assessed on the cost of the benefit. The final results included five “benefits” which cost incredibly little to implement, and yet outranked other traditionally defined benefits.  This paper is the third of five which will cover low or no cost benefits desired by employees that managers can inexpensively implement. This paper will cover the benefit desired by employees of what is known as “Discretionary Time Off”, or DTO. This is a concept that allows employees to take unpaid time off of work for non-emergency issues. It also covers some of the potential problems associated with implementing DTO policies, as well as potential problems from not doing so—especially amongst Millennial employees.

 

14. How Millennials are Redefining What Benefits Employers Should Offer— #4 Flextime

Journal of Compensation and Benefits.  Vol 33, No. 1. May/June 2017 (Pending)

Abstract: In April 2016, researchers from The University of Toledo College of Business and Innovation surveyed 3,552 employees from Midwest universities to gauge the importance of various work-environment related factors. These ran from traditional compensation and benefits criteria such as retirement packages and profit-sharing to nontraditional criteria such as flexible work procedures and unpaid discretionary time off. The results give an indicator of how important various factors of employment can be seen as a benefit to employees, as they define “benefit”, and can then be assessed on the cost and advantage of the benefit. The final results included five “benefits” which often cost little to implement, and yet outranked other traditionally provided benefits in their perceived importance to employees.  This paper is the fourth of five which will cover under used benefits that are highly desired by employees and that managers can implement at low or no cost. This paper will cover the benefit known as a “Flexible Schedule”, or “Flextime”. This paper also covers some of the potential problems associated with implementing Flexible Schedule policies, as well as potential problems from not doing so—especially amongst Millennial employees.

 

15. How Millennials are Redefining What Benefits Employers Should Offer— Clearly Defined Advancement Criteria

Journal of Compensation and Benefits. Vol 33, No. 2. July/August 2017 (Pending)

Abstract: In April 2016, researchers from The University of Toledo College of Business and Innovation surveyed 3,552 employees from Midwest universities to gauge the importance of various work-environment related factors. These ran from traditional compensation and benefits criteria such as retirement packages and profit-sharing to nontraditional criteria such as flexible work procedures and unpaid discretionary time off. The results give an indicator of how important various factors of employment can be seen as a benefit to employees, as they define “benefit”, and can then be assessed on the cost and advantage of the benefit. The final results included five “benefits” which often cost little to implement, and yet outranked other traditionally provided benefits in their perceived importance to employees. This paper is the final of five which cover under used benefits that are highly desired by employees and that managers can implement at low or no cost. This paper will cover the benefit known as “Clearly Defined Advancement Criteria”, or “CDAC”. This paper also covers some of the limited safeguards needed when implementing a CDAC policy, as well as potential problems from not doing so—especially amongst Millennial employees.

 

Articles where I have been consulted on employment issues:

Cook-Ramierez, Julie, Transitioning at Work: With the acceptance of transgender people on the rise, more employers are adopting specific policies for their workers who are transitioning. Human Resource Executive, April 4, 2017, P. 29. http://www.humanresourceexecutive-digital.com/humanresourceexecutive/april_2017?pg=49#pg49 (Note: online pagination appears off because of advertising insert. It is page 29 of the magazine, but page 49 of the online PDF.)

Shadovitz, David (EIC), An Ethical Divide: Are millennials more likely than older generations to lie to their employers and sabotage their co-workers? New research suggets the answer is an unequivocal “yes.” Human Resource Executive, April 4, 2017, p.35.  http://www.humanresourceexecutive-digital.com/humanresourceexecutive/june_2_2017?pg=35#pg35.

 

 

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