Legal Issues

HR Insights, Legal Issues

Should Your Ultimate Goal Be a Union-Free Workplace?

anti-union

By Howard Mavity

Last week’s NLRB Purple Communications decision about employee emails combine with the announcement by the National Labor Relations Board of the so-called “quickie elections” process, is going to stir up employers.

You should expect a bevy of marketing communications trying to sell you seminars and packages on how to remain “union free.”

I want to pose a bit of a contrarian idea.

Why would an employer focus on being “union free?” Do you devise your other business strategies by simply opposing your competitors? Read more…

HR News & Trends, Legal Issues

NLRB Pushes Through Rule Allowing “Quickie” Union Elections

NLRB-sign

By Eric B. Meyer

Cue the haters.

Following a decision earlier last week permitting employees to use company email to badmouth you and unionize, the National Labor Relations Board ended last week by passing a new rule, which, in its words, updated “its representation-case procedures to modernize and streamline the process for resolving representation disputes.”

In other words, faster union elections and more of ‘em.

Here are details on this new rule and what employers can do about it: Read more…

Legal Issues

Why That NLRB Ruling About Employee’s Using Email is No Big Deal

123RF Stock Photo

By Eric B. Meyer

The National Labor Relations Board says that your employees can use company email to badmouth you and unionize.

Well, here are four reasons why it’s no big deal.

Yes, that’s right — it’s NO BIG DEAL. Read more…

HR News & Trends, Legal Issues

Possible Impact of Obama’s Immigration Initiative: More FLSA Claims

Obama

By John E. Thompson

Lurking among the numerous considerations raised by President Obama’s “immigration accountability” initiative are the prospects that this action will result in more allegations by or on behalf of the affected individuals that they have not been paid in compliance with the federal Fair Labor Standards Act.

This could come in the form of lawsuits or administrative complaints by the workers themselves, or through enforcement measures by the U.S. Department of Labor in collaboration with other federal agencies and even with foreign governments. Read more…

HR News & Trends, Legal Issues

Court: Screening Workers Going Home Doesn’t Count as Work Time

© chasingmoments - Fotolia.com

By John E. Thompson

The U.S. Supreme Court Tuesday found that the time non-exempt employees spent in connection with an end-of-workday security screening before leaving the premises did not count as worktime under the federal Fair Labor Standards Act.

Instead, it said, the time so spent was non-compensable “postliminary” activity under the federal Portal-to-Portal Act.

Among other things, the Supreme Court said that: Read more…

HR News & Trends, Legal Issues

The Big Problem With Background Checks at Uber

uber app

Uber can’t seem to get it right.

First, the San Francisco-based ride-sharing service was criticized for NOT doing background checks, and now it’s under attack for doing them the wrong way.

The national ride sharing service that everyone loves to hate is back in the headlines (although I’m not sure they ever left) facing a class action lawsuit for alleged violations of the Fair Credit Reporting Act (FCRA). Read more…

Legal Issues, Webinars

When Marijuana Comes to the Workplace

With states legalizing marijuana, medicinally or recreationally, there are bound to be new challenges in the workplace with this upcoming change. Please join Larry Perlman and John Litchfield as they discuss what to expect, including:

  • Challenges to be expected in the near future in the workplace;
  • How best to handle these challenges, both effectively and professionally;
  • And so much more!

Register today because this webinar is best experienced while in attendance to really appreciate the full value it has to offer.

Date/Time of Webinar: Dec. 10, 2014 at 2 pm Eastern/11 am Pacific

Registration Link: https://cc.readytalk.com/r/y3wfnzp3i5fv&eom

Sponsor: HRCI

Can’t attend? No problem!  Register and you will have access to the recording to watch at a more convenient time!

HR News & Trends, Legal Issues

When an Employee Handbook Goes Beyond What the Law Requires

Employee Handbook

By Eric B. Meyer

I’m gonna pause for a sec while you go and grab a copy of your company’s employee handbook. Now open it up to the anti-harassment policy and, click through, because your world may be about to be rocked.

Got your policy out? Good.

  • Does it define harassment more broadly than the law would? Read more…
HR News & Trends, Legal Issues

Federal Court Allows Discrimination Against Transgendered Employee

discrimination

By Eric B. Meyer

Under federal law (Title VII), employers cannot discriminate because of one’s sex.

While Title VII does not explicitly coverage transgender employees (i.e., someone born female who presents male, and vice-versa; also known as gender identity), the EEOC’s position is that transgender employees are protected too. Indeed, they’ve begun filing federal lawsuits on behalf of transgender employees who claim to have been discriminated against.

But, the courts have not uniformly accepted the EEOC’s position. Indeed, the state of the law here is very much unsettled. Read more…

Benefits, Legal Issues

Biggest Loser Contests at Work? Only If They Pass Muster With the EEOC

biggest_loser_logo

By Howard Mavity

We are again running a Biggest Loser Contest among our 31 offices and will award prizes, beginning at $1,000, to individuals who lose the most weight.

I do not watch reality shows and am generally cynical about such programs. However, I am happily eating my own words. Employees are having fun with the contest and the competition has generated a lot of camaraderie and playful competition.

When I visit one office, someone will only half-jokingly ask me to leave donuts on the desk of one of their “weight loss foes” in the next office I visit. Folks have regaled me with their elaborate preparation and routine for winning the contest. Their approach reminded me of my pre-race and pre-fight preparation of a few years ago. Read more…