By Nelson D. Cary and George Stevens
Last Thursday, the National Labor Relations Board won its first courtroom victory in connection with its “ambush” or “quickie” election rule, which went into effect earlier this month.
It was not, however, in one of the two cases that have been pending for some time, and that we have previously discussed.
Instead, the NLRB’s victory came in a new lawsuit filed in federal court in Washington, D.C. In this new case, the employer and three of its employees sought a temporary restraining order (TRO) to prevent the NLRB from applying the provisions of the new rule to an election petition filed by the United Construction Workers Union the same day that the new rule took effect. Read more…
I’m a Baby Boomer, born smack-dab in the middle of my generation. And I’m beginning to concretely think about the answers to questions like:
- What is the legacy that my career will leave behind?
- What kinds of work do I really want to do going forward?
- What will retirement look like for me?
- When will I want to retire (because it certainly is the last thing on my mind now …)? Read more…
A clear pattern is emerging, and perhaps you already see it.
New legislation, greater enforcement, high-profile court cases and shifting policies and attitudes about new technology has led us to dub 2015 as “The Year of the Employee” in terms of winning new rights, garnering enhanced benefits and filing more lawsuits against employers.
Many years ago, unions were necessary to protect the safety of their membership. As those workplace safety issues mitigated, and union membership steadily declined, Federal and State governments have stepped into the role of “workplace protector” and have really turned up the heat on businesses lately. Read more…
By Eric B. Meyer
When I think about retaliation, I think about who gets fired after complaining about discrimination to an HR Manager or the EEOC.
These actions epitomize the “opposition” and the “participation” clauses of Title VII of the Civil Rights Act of 1964, the federal anti-discrimination statute.
By what about when an employee doesn’t go to HR, doesn’t complain to the Equal Employment Opportunity Commission, but, instead, simply tells a supervisor to stop sexually harassing her? If that employee is later fired, and she can establish that she was fired because she told her supervisor to stop, is that a winning retaliation claim? Read more…
The Work Opportunity Tax Credit (WOTC) provides income tax incentives to any business for hiring workers that the U.S. Department of Labor has determined to have significant barriers to employment. ‘
Individual hires who make an employer eligible to capture the credit include veterans, those on temporary financial assistance, and residents of certain geographic zones (See the full and updated list here). This federal program is available to all income tax-paying employers in all 50 states, Puerto Rico and the U.S. Virgin Islands, meaning employers have equal access to tax credits, regardless of location.
WOTC offers federal tax credits ranging from $2,400 to $9,600 per eligible employee. Read more…
LinkedIn is off the hook.
A California district court has dismissed a class action lawsuit filed against the business networking site (the full decision in Sweet v. LinkedIn Corporation can be found here).
The popular social network was sued last year by job seekers who claimed that LinkedIn’s Reference Searches cost them jobs. The theory of the case was that LinkedIn should be treated like other background screening companies — a theory that was successful against another website, Spokeo. Read more…
The job prospects for this year’s college seniors are better than they have been in years, say two different employer surveys.
CareerBuilder’s survey of 2,175 hiring and human resource managers found 65 percent of them planning to hire one or more of the upcoming graduates, an eight-point increase from last year’s survey and the largest percentage since the year before the recession.
The National Association of Colleges and Employers, which conducts a related survey, says its member companies, which include a large share of the Fortune 500, intend to up their college hiring. The 162 responding companies told NACE they intend to hire 9.6 percent more grads this year than last. That’s the highest expected increase in NACE’s spring survey since 2012. Read more…
By Eric B. Meyer
Last September, for the first time ever, the EEOC sued two private employers for discriminating against employees who had transitioned from one gender to another.
One of those cases settled last week for $150K.
Yesterday, the other action survived the employer’s motion to dismiss the case. Read more…
Today, April 23, is the fourth Thursday of the month, which means it’s Take Our Daughters and Sons to Work Day (aka TODAS).
Kids will be trooping through workplaces around the country, sometimes hanging out with a parent but more often enjoying a busy agenda of carefully planned, hands-on activities.
I used to find the whole idea of this annoying as hell. Read more…
A new study recently released by Cornerstone OnDemand with Northwestern University provides new life to the old adage, “No man is an island.”
While HR professionals have long understood that people’s surroundings impact their behavior and performance in the workplace, this is the first study of its kind that quantifies the negative ramifications of hiring bad employees.
The report, Toxic Employees in the Workplace, suggests that 3 to 5 percent of all employees are terminated for reasons to be considered “toxic” (e.g., misconduct, workplace violence, drug or alcohol abuse, sexual harassment, etc.) — but what’s more, these individuals greatly increase the likelihood of their co-workers engaging in toxic behavior, and even leaving outright. Read more…