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2015 Archives

Blog

  • Blog Year In Review: Top 10 Posts Plus Four More We Liked

    December 30, 2015Before the ball drop ushers us into 2016, The Bullard Edge is taking a moment to look backwards to the blog year that was. We covered a number of big topics this year ~ from marijuana in the workplace to reasonable accommodation of...
    By Michael G. McClory
  • Fire Up! State Medical Marijuana Laws Still Federally Approved

    December 22, 2015While you were attending last weekend’s record opening for Star Wars: The Force Awakens, Congress approved and President Obama signed the Consolidated Appropriations Act of 2016, which provides for $1.14 trillion in federal spending through ...
    By Michael G. McClory
  • Fictional Hotline ~ What We Have Here Is A Failure To Communicate

    December 11, 2015The Bullard Edge is fascinated by the difference between lies and failures to communicate. There can be a subtle distinction between the two and both have a huge role in the workplace. The lawsuit filed against USC by former football...
    By Michael G. McClory
  • Thanksgiving, Coca Cola and RAK Friday

    November 25, 2015November 2015 has not offered a smooth run-up to Thanksgiving Day.  The world feels angry, frustrated, confusing and dangerous.  Whether we focus on the logic-deprived barbarism in Paris or countless instances of violence in this country...
    By Michael G. McClory
  • Friday Essay – EEOC’s Annual Report Overstates Effectiveness

    November 20, 2015I often think back to a question posed early in a presentation given in the 1990s by Thomas Shanks, Ph.D., the former Executive Director of the Markkula Center for Applied Ethics at Santa Clara University. The presentation probably focused...
    By Michael G. McClory
  • Veterans Day Potluck ~ A Quiz And A Current Event

    November 9, 2015As we approach Veterans Day 2015, The Bullard Edge pauses to salute our veterans. Thank you for your service to this country. Thank you for your personal sacrifices. Thank you also to your families and loved ones for their...
    By Michael G. McClory
  • Halloween In The Workplace Is A Treat, But Can Be Tricky

    October 28, 2015Question: How do you know Halloween is just around the corner? Answer: When you see Donald Trump, Harley Quinn and Darth Vader in your conference room. It is late October and many people are filled with that Halloween...
    By Michael G. McClory
  • Review Of OFCCP’s New Reasonable Accommodation Pocket Card

    October 23, 2015On Monday, OFCCP released a new “training” tool ~ the “Requesting a Reasonable Accommodation” pocket card.  OFCCP’s press release said that the pocket card “helps applicants, employees and other interested ...
    By Michael G. McClory
  • BOLI Advisory Opinion Concludes That Uber Drivers Are Employees

    October 15, 2015Yesterday, BOLI announced in an “Advisory Opinion” that “Uber drivers are employees.”  The agency did not reach this conclusion after studying the facts of an actual case in controversy.  It admits that “no ...
    By Michael G. McClory
  • What Can Employers Do About Gun Violence In The Workplace

    October 9, 2015Gun violence is too common in the modern American workplace. The recent Umpqua Community College shootings bring the issue to the fore once again. There have been numerous other incidents in recent years and there is no reason to...
    By Michael G. McClory
  • Fictional Mailbag: Is Hiring The Best Qualified Candidate An ADA Violation?

    September 28, 2015Sometimes it seems like EEOC tests its theories on the fly rather than thinking about them first. This week’s (fictional) mailbag is filled with questions from HR managers wondering if they could get in trouble for hiring the most...
    By Michael G. McClory
  • Gay Marriage, Religious Rights, And The Workplace = One Tough Puzzle

    September 3, 2015For good or ill, gay marriage inspires many people.  They have strong feelings about it.  Sometimes those strong feelings are grounded in religion and sometimes they are not.  When the workplace is added to the mix, emotions tend to...
    By Michael G. McClory
  • Divided NLRB Drops Existing Rule, Adopts Union-Friendly Joint Employer Standard

    August 28, 2015Yesterday, a divided National Labor Relations Board dropped another hammer on the employer community.  In a long-awaited and much debated move, the Board jettisoned the decades old standard for determining when two independent businesses shou...
    By Michael G. McClory
  • NLRB Punts: Dismisses Northwestern University Football Representation Case

    August 17, 2015Ahead of the opening kickoff for the 2015 college football season, the National Labor Relations Board has punted.  The Board dismissed a petition related to efforts to unionize the Northwestern University football team.  The dismissal, t...
    By Michael G. McClory
  • Fictional Mailbag: Can I Fire A Medical Marijuana Cardholder?

    August 14, 2015Every once in a while we receive a letter in the (fictional) mailbag that is tough to describe and quite compelling.  This week, Isabel, the new HR manager at LabCo (and someone who is new to HR), wants to know whether she may fire the owner&...
    By Michael G. McClory
  • EEOC At 50: A Suggestion For Renewal

    August 7, 2015“Said, I'm going down to Yasgur's Farm Gonna join in a rock and roll band Got to get back to the land and set my soul free”   -Joni Mitchell, Woodstock (1969)   Last month the EEOC turned 50.  It opened its...
    By Michael G. McClory
  • Workplace Drug Policies In The Age Of Pot

    July 24, 2015Nearly one month into the era of legal recreational marijuana in Oregon we are seeing signs that the law is going to impact the workplace.  An excellent example of this is found in a (fictional) mailbag letter that The Bullard Edge received e...
    By Michael G. McClory
  • Mid-Summer Pop Quiz: Cold Beer From The Enforcement Agencies?

    June 29, 2015Let’s take inventory.  We are just a week away from the mid-Summer classic, vacation season is in full swing, and school is a distant memory.  At the same time, the back to school industry is humming.  And that reminds us that...
    By Michael G. McClory
  • Colorado Supreme Court Says Employer May Terminate For Medical Marijuana Use

    June 16, 2015By now, most of you have heard the popular no-marijuana-in-the-workplace song “Medical Airhead Need Not Apply”. It has been an easy listening hit in several states. However, when the Colorado Supreme Court sang it yesterday the judges ...
    By Michael G. McClory
  • The NLRB Convinces Its ALJ That The NLRA Protects Racist Picket Line Speech

    June 11, 2015The Bullard Edge is a bit fired up about an unfiring decision issued by a National Labor Relations Board administrative law judge last week. Rather than just tell the tale, though, let’s make it a quiz. You ought to find it to be the easiest...
    By Michael G. McClory
  • Scoreboard For The Bullard Edge (Part II) - Two Cases, Two Correct Calls

    April 24, 2015As noted in Part I yesterday The Bullard Edge recently made two bold(ish) predictions.  Both predictions have proven to be on the mark, so naturally we want to revisit them.  (There will be no post looking back at our prediction of a Cle...
    By Michael G. McClory
  • Scoreboard For The Bullard Edge (Part I) – Two Cases, Two Correct Calls

    April 23, 2015 Just like Babe Ruth, Joe Namath, and Punxsutawney Phil, The Bullard Edge recently made two bold(ish) predictions.  And those predictions have come to pass.   EEOC improperly issues Guidance on Pregnancy Discrimination?  C...
    By Michael G. McClory
  • Anniversary Pop Quiz - What Do A Dry Cleaning Dispute, Cussing, And Marijuana Have In Common?

    April 8, 2015The short answer is that the dry cleaner, cussing, and marijuana are the subjects of this Anniversary Pop Quiz edition of The Bullard Edge.  We are a year old today.  On April 8, 2014 we debuted with a short post about workplace appearan...
    By Michael G. McClory
  • Bad Policy Central ~ Portland May Hop On “Ban The Box” Bus

    March 26, 2015The Bullard Edge is apoplectic. The City of Portland is considering establishing “people with criminal histories” as a protected class in employment through the adoption of a “ban the box” ordinance. These types of ordinances are sweeping ...
    By Michael G. McClory
  • Favorite Cases Remembered: Liar Liar (Almost Wins)

    March 16, 2015With St. Patrick’s Day approaching, we are hearing Irish music (tune and tune and tune) and seeing images of leprechauns (this and this and this). The popular idea is that a leprechaun is a diminutive Irish fairy who, because he must give you his...
    By Michael G. McClory
  • NLRB Ambush Election Rules Symbolically Scolded By US Senate

    March 6, 2015As many of you know, last month the NLRB proposed new “ambush election rules.” Among other things, the Board replaces existing procedures with rules that allow for expedited elections. Not only will elections occur quicker, but the rules would...
    By Michael G. McClory
  • ET Phone HomeCo: When It Comes To Telecommuting, Don’t Phone It In

    February 27, 2015We live in exciting times. There are electronic town halls, legislation is signed by autopens, and the Hubble Space Telescope allows scientists to study remote corners of space from locations all over the world. Technology even allows for doctors...
    By Michael G. McClory
  • HR Tip Of The Week: Participate In The “Interactive Process” To Impasse

    February 20, 2015The Bullard Edge’s tip of the week for employers is to engage in the interactive process until it is no longer possible and/or no longer reasonable.  A recent decision issued by the First Circuit Court of Appeals in EEOC v Kohl’s ...
    By Michael G. McClory
  • Pot Use At The Explosives Warehouse: When To Drug Test

    February 10, 2015Late last year the (fictional) mailbag was dominated by questions about marijuana in the workplace.  This week’s letter picks up where last year's ended with a question concerning a forklift driver who is known to be currently recei...
    By Michael G. McClory