Dec 23, 201308:50 AMForward HR
with Diane Hamilton and Nilesh Patel
10 worthy charities for the holiday season
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This month I had the privilege of compiling the Employment Law Blog Carnival (ELBC). What’s that, you ask? Answer: It’s a monthly workplace blog by employment attorneys and HR professionals throughout North America that compiles the best human resources and employment law blogs in one space, all neatly tied together around a special theme. Since the holidays are here, my theme involves 10 local and national charities. I know of some of these organizations personally, while others I came across as I wrote. As the end of the year approaches, consider including contributions to these or other charities as part of the holiday spirit.
Mandatory disclaimer: All of these articles are for informational purposes and should not be considered legal advice or the forming of an attorney-client relationship. Now, onward to this month’s brilliant articles and the organizations.
Charity Navigator is the place to do your due diligence on any charity/nonprofit. The organization provides ratings for organizations with more than $1 million in revenues. There are top 10 lists for popular or up-and-coming organizations, descriptions of organizations’ mission statements, financial statements, and even lists of similar organizations.
Charity Navigator’s focus on due diligence for gift giving and top 10 lists brought to mind the following blog posts:
At Fitzpatrick on Employment Law, Robert Fitzpatrick discusses “The Gift That Keeps On Giving,” a case from the 3rd Circuit that he calls “a virtual plaintiffs’ Christmas tree with many a bright bauble for 2014 and beyond.”
At the HR Observations Blog, Michael Haberman exclaims, “Steal this Picture, I Dare You!” No, he is not encouraging theft. On the contrary, the post provides a cautionary tale of a costly penalty as well as basics of copyright protection, public-domain works, and fair use. This post hit close to home because, originally, I had planned on copying and pasting the organizations’ logos from their websites. That should be “fair use,” right? Perhaps. But I’m an employment lawyer, not an intellectual property lawyer. Better to be safe than sorry, which is why I have simply listed links for each organization.
The end of the year is a great time to look back and reflect. Looking back at 2013, which workplace story would you consider the most outrageous? The most eye-popping? It’s okay if you don’t remember all of them. Lorene Schaefer’s Win-Win HR blog lists them and asks you to “Vote Now: Who Was the Most Naughty in the Workplace in 2013?”
The holidays always make me think of meals together with family. Of course, feeding ourselves is an essential year-round task. Feeding America, formerly America’s Second Harvest, is a nationwide network of food banks that provides assistance to more than 25 million people, including 9 million children and about 3 million seniors. The organization gathers and distributes more than 2 billion pounds of food a year!
Speaking of something essential, at the Employment Essentials blog, Vanessa Goddard dishes a fabulous poem titled “Twas a Year to Remember: A Holiday Treat.” I won’t ruin the lyrical wit by giving readers a taste of what is covered. But trust me, the poem is as delightful as any sugarplum treat.
Another essential during the holidays, especially considering the freezing single-digit or below-zero temperatures in the Midwest, is housing. Here in Madison, Porchlight provides emergency shelter for the homeless. In addition, the organization provides food, employment services, counseling, and affordable transitional and permanent housing. Every year, the organization provides more than 420 women, men, and children with more than 100,000 nights of shelter. Its motto deserves special mention: “A helping hand, not a handout. A second chance. A warm bed. Hope. Opportunity.”
Readers of Donna Ballman’s Screw You, I’m Going Home blog know that employees sometimes quit or are fired from work. A lingering concern for them as they search for new opportunities may be the amount of negative information that can come out via a reference check. Donna’s latest post, “Can My Employer Trash Me In References?” addresses employer obligations and limits when responding to reference checks.
Reference checks are also on Stuart Rudner’s mind. At the Canadian HR Report, he writes, “Provide a Reference, Please!” Stuart discusses why employers should not be afraid of providing references and why providing a reference can even benefit a former employer.
One of the things that makes the holidays joyous and festive is the look on kids’ faces when they see their Christmas presents piling up and when they’re tearing the wrapping paper open to get to them. The U.S. Marine Corps Reserve Toys for Tots Program spreads that Christmas cheer to children in need who might otherwise not receive a gift.
For better or worse, the holiday season inflames some people, who in turn must inflame back. Life now imitates art as state capitols host Festivus displays. If you missed out on the pop culture development of Festivus, take a look at Jon Hyman’s “A Festivus for the Rest of Us (at work),” at the Ohio Employer’s Law Blog. Besides providing an amusing history of the “holiday,” Jon examines whether an employer may legally prohibit Festivus celebrations in the workplace.
Jon’s discussion sheds light on a solemn Festivus tradition: the airing of grievances. The National Labor Relations Board also values employees’ ability to air grievances, and it wagged its finger at an employer that made employees sign an agreement prohibiting class actions of any sort, whether before an agency, judge, or arbitrator. The employer appealed the NLRB decision and the 5th Circuit provided its ruling recently. John Holmquist discusses the case at the Michigan Employment Law Connection. In “The D.R. Horton Arbitration Saga: Now What?” John provides insights into how the NLRB will respond after the ruling and whether employers can continue limiting class actions via mandatory arbitration agreements.
None of the HR folks I know have told me what they asked Santa to bring them. I wonder if any wished that sites like Facebook would just disappear from the workplace. Between holiday/Christmas shopping and football playoffs being right around the corner, just how much time are employees logging on social media? At the Connecticut Employment Law Blog, Daniel Schwartz answers a direct question posed to him: “My Employee Is on Facebook Four Hours a Day. What Do I Do?”
In addition to the “War on Christmas” chatter, objections to nativity scenes, and counter-protests with Festivus poles, the holiday season is the time for joyous holiday parties! At the Manpower Group’s The Employment Blawg, Mark Toth provides statistics on the types of parties employers are hosting, along with tips on “How to Have a Holiday Party Without Going to Jail.”
One organization that brings good cheer to kids year-round is the Make-A-Wish Foundation. The organization grants the wishes of children diagnosed with life-threatening medical conditions. It has helped one child rescue Gilligan from the uncharted isle, connected a call from Spiderman so he could ask Electron Boy for help, honed an ace’s dogfighting skills at the Top Gun Academy, and most recently turned San Francisco into Gotham City so Batkid could foil the Riddler’s and Penguin’s plans. Holy outstanding memories, true believers!
All this talk of comic book characters cues up Philip Miles’ Lawffice Space blog. He writes about white male employees at Archie Comics filing discrimination claims after the CEO, a woman, kept referring to them by their private parts. I would hope the CEO would know better than to make a meathead comment like that (I know, wrong Archie!), but perhaps she missed the mandatory anti-discrimination/sexual harassment training. More incredible is the alleged defense: that white males are not a protected class under employment discrimination laws. Not true, Virginia. Philip explains why in “Yes, White Males Are a Protected Class.”
The good folks at the ACLU are some of my favorite real-world heroes. The organization promotes equality, freedom, justice, and fairness by defending the liberties in the U.S. Constitution’s Bill of Rights. It is vigilant about legal changes that undermine those protections and educates the public on why those protections matter. Last year, I believe the organization was involved in six cases before the U.S. Supreme Court, ranging from voting rights, DNA extraction at arrest, and the landmark decision that partially struck down the Defense of Marriage Act (DOMA) and paved the way for federal recognition of same-sex marriages. I discussed the employment impact of the DOMA case in an earlier post, “Spousal Rights After DOMA.”