Jonathan.Segal

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Jonathan A. Segal is a partner at Duane Morris LLP in the Employment, Labor, Benefits and Immigration Practice Group . He is also the managing principal of the Duane Morris Institute . The Duane Morris Institute provides training for human resource professionals, in house counsel, benefits administrators and managers at Duane Morris, at client sites and by way of webinar on myriad employment, labor, benefits and immigration matters. Read Jonathan's blog at the Duane Morris Institute or follow him on Twitter @Jonathan_HR_Law .

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Jonathan Segal

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Articles by Jonathan Segal

 

As a proud member of the HR Community, I was trying to think of things that, individually or collectively, we potentially could do better in 2015. With that background, I came up with following eight resolutions:

1.         Avoid HR Jargon.  People appreciate plain English.  Enough with the paradigm shifts, synergistic partnerships, value added relationships and outside the box thinking.  And by the way,  if you are outside the box, you are still defining yourself by the box!  Enough with the box.

January 13, 2015

 

As we all know, in EEO termination claims, how we treat the "comparators" is critical.  Two (2) key questions:

Did you let anyone else go for a same or similar reason?

Did you not let someone else go even though they had engaged in same or similar conduct?

What do you do if you have an inconsistent practice historically?

January 6, 2015
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For the past two years, I have told you the story about the "Jewish Guy Who Wears a Chai."  I am retelling the final version of the story this year, but with some additional information.  Here we go!

You walk into your building, and you see that holiday decorations are everywhere.  You pass by a beautiful pine Christmas tree elegantly decorated.  A co-worker responds:  “The tree is inappropriate to the workplace.”

December 2, 2014

 

Today, November 11, is Veteran’s Day.  But that was not its original name.

In 1919, at the end of World War I, known at the time as the “Great War,” President Wilson proclaimed November 11, 1919 as the first commemoration of Armistice Day, the day hostilities effectively ended World War I a year earlier.

On May 13, 1938, Congress made November 11 a national holiday called Armistice Day to honor the Vets of World War I.  That was when Congress did something.

November 11, 2014

I am pleased to include a link to an article I wrote last month for Entrepreneur on subtle bias:  How Entrepreneurs Can Spot Subtle Bias 

The focus is on what I collectively call “micro-indignities”: micro-inequities and micro-aggressions.

There are often are complex definitions for these terms. But the definitions can be simplified.

October 16, 2014

When many of us in the HR world think of Labor Day, we now think of the NLRB.  For most of us, I would not say the visceral thoughts are warm and with admiration.

So, for Labor Day, let’s not think of the National Labor Relations Board.   Let’s think of its purpose.

Labor Day has its origins in the labor movement. In 1894, Grover Cleveland made Labor Day a federal holiday after a failed attempt to break up a railroad strike.  However, its purpose, I believe, is to pay tribute to the contributions and accomplishments of all American workers.

September 1, 2014
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No matter how old I am, I always feel like the fall is “back to school.” As wonderful as the summer may be, the fall is a “fresh start,” a new semester of life.

So I thought this summer about what as leaders we can do to be more effective next semester in terms of our interactions with our employees. It’s not working harder or smarter. It is being more human.

I have reviewed the summer engagement surveys of many clients. Even in companies that have great results, many employees feel that the company does not care about them.

August 12, 2014

We often hear that our supervisors are our eyes and ears in helping to ensure legal compliance and minimize risk.  This is true when it comes to social media, but only if supervisors receive training on what to do and what not to do.  The do’s and don’ts of social media are not always intuitive. Here are ten of the more common mistakes that supervisors make in the absence of adequate training:

July 22, 2014

Many professionals I know don’t have much patience for Twitter talk.  I try to explain the benefits of Twitter, but looking up their nostrils for an extended period of time is not easy. 

But the truth is I once had the same lack of interest in social media in general and Twitter in particular. I remember thinking only twits tweet…. until a personal accident changed my view.

Back in January of 2011, I fell on some ice and shattered my ankle in multiple places.  I needed emergency surgery.  The next week was my 30th birthday.  Would you believe 40th?  Okay, 50th.

June 19, 2014
  1. You'll see friends you don't see often enough.  It is possible the NLRB may prohibit H.R. from having friends, so enjoy the friendships while you can.  You might be thinking, “The NLRB cannot regulate HR." Silly rabbit. Friendships among HR professionals could chill concerted activity by employees covered by the NLRA. As logical as.....
June 17, 2014

Sunday night's #MadMen was one of its very best.  The cold war between Don and Peggy has thawed.  After confiding in each other about their vulnerabilities, and also sharing some laughs, Don and Peggy danced tenderly together to Sinatra’s “My Way.” Somehow Don and Peggy are their best when they are their best with each other. Will they end up together?

But there was a subplot of importance involving the return of Bobby Benson.  We meet Benson this season bailing out a GM executive, Bill Hartley, who had been arrested for coming on to an undercover [male] officer.

May 21, 2014

Last week, I had the pleasure of hosting a #Nextchat on social media for SHRM @weknownext with my friend @Eric_B_Meyer.  One of the issues touched upon during the chat was social media training.

May 20, 2014
 
Last night was, according to @DonDraper_NY, the “beginning of the end.”  And, what a beginning it was.
 
Don remains on paid leave.  He visits Megan in California and then returns home to NY.
 
In his absence from the workplace, much of the focus was on Peggy and Joan.  Both worked incredibly hard on client retention and satisfaction but each was marginalized in ways that too many women still are today.
 
April 15, 2014
 
This is the last in a series of four blogs on leadership and influence. 

In order for a leader to have influence, he or she must be respected by his or her subordinates.  Of course, to get respect, you need to deliver it. 

April 2, 2014
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This is the third in a series of four blogs on leadership. 
 
Randy is an executive.  Randy notices that Kim, a manager who is also a direct report, is struggling in terms of collaborating with members of the team.  Randy asks Kim to have dinner to get to know her better with the goal being to mentor her more effectively.
 
March 5, 2014
Last month, I wrote a blog on leadership: Influence=Leadership. I emphasized the importance of leaders sharing their human side and making emotional connections with the employees whom they lead.  To quote leadership maven John Maxwell: leaders touch a heart before they ask for a hand. 
 
February 5, 2014

I agree with leadership maven John Maxwell and others who have stated that that the key to leadership is influence.  In my view, leadership is influence.

I have read a great deal about levels of leadership and level of influence. For this blog, however, I have divided influence, upon which leadership hinges, into three general categories:

First, there is influence based on positional authority.  Get it done because I am your boss.

January 7, 2014
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Last year, I told you the story about the "Jewish Guy Who Wears a Chai." I am retelling the story this year, but with some additional information about what happened not only during the holiday season, but also before and after the holiday season that led to our protagonist’s leaving HR, even if only temporarily. Here we go. Buckle your seat belts....lots of sarcasm ahead.

December 9, 2013

According to a recent poll, 73‑percent of workers value flexibility in looking for a job (or staying in a job).

Employers, in their self-interest, need to help employees with work life challenges.  But that is easier said than done.

This blog addresses some of the rarely discussed issues when it comes to work-life challenges.

1.   Nomenclature

November 4, 2013

In Nasir, the U.S. Supreme Court held that, to prove retaliation under Title VII, a “but for” analysis applies. This is a higher standard than the “motivating factor” burden to prove discrimination under Title VII.

Nasir has been hailed as a big win for employers.  But that’s only at summary judgment or perhaps at trial where the wins can be extremely expensive. 

The real win for employers is that it makes it easier for us to take corrective action in response to retaliation without necessarily making admissions, at least under federal law.  Why?

October 3, 2013