Legal Issues

HR News & Trends, Legal Issues

An Interactive Process Can Help Resolve ADA Accommodation Claims

eeoc-logo

By Eric B. Meyer

So just how did an employer snatch victory from the jaws of defeat after botching a diabetic employee’s request to work a modified schedule?

Back in 2011, the EEOC announced that it had sued Kohl’s Department Stores for disability discrimination. The EEOC claimed that Kohl’s “refused to accommodate a diabetic employee’s request for a regular schedule and forced her to quit.”

Allegedly, when the employee told Kohl’s “that the scheduled hours could kill her, its store manager laughed and told her that she would not accommodate her.” So, the employee had no choice but to resign her employment to protect her health. Read more…

Compensation, Legal Issues

Labor Department Going After More Wage and Hour Laws Violations

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Employees in New York and California are being cheated out of millions in wages by their employers, a new study reveals, and the U.S. Department of Labor wants to find more employers who are skirting the law.

The wage study was conducted by the Eastern Research Group and commissioned by the Labor Department to measure the possible socio-economic impacts of minimum wage violations in California and New York. These two states were selected for the study because of their large workforce. Read more…

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

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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…