Our friends from the great state of Texas are in the news once again when it comes to employment background checks, and once again, their efforts are worthy of applause for those who support this responsible business practice.
You might recall last month the Lone Star State filed a federal lawsuit against the Equal Employment Opportunity Commission for their guidance on employers’ use of criminal background checks. Well last month, according to a report in The Washington Post, they are challenging the Obama administration’s stance that the Navigator’s tasked with helping people sign up for the Affordable Care Act benefits should not be subject to employment background checks. Read more…
Editor’s Note: The holiday season is here, and TLNT will celebrate with some classic holiday posts from the past. Look for them over the next two weeks.
Nothing cracks me up more than war stories from employment lawyers about the holiday season.
One guy I know says his phone is ringing off the hook on the Mondays after the typical holiday party weekends (usually the first three full weekends of December). Everyone (and I mean everyone) has a story about managers who drink too much, flirtatious co-workers, and multitudes of sexual harassment policy violations in the course of a couple hours.
What has always been the gist of these proclamations has been to either eliminate the holiday party or eliminate every single risk factor (primarily alcohol). If you’re going to eliminate all of the fun things that have some inherited risk, you should save your budget and cancel it completely. Read more…
By John E. Thompson
Yet another “misclassification” bill introduced in the U.S. Senate would impose new prohibitions, requirements, and penalties relating to categorizing a worker as being either an employee or a non-employee.
The “Payroll Fraud Prevention Act of 2013” (S. 1687) would among other things make it a freestanding violation of the federal Fair Labor Standards Act “to wrongly classify an employee … as a non-employee …” Read more…
Second of three parts
Note: Part 1 of this series was The Many Benefits That Come From “Stay” Interviews
There is no required standard set of questions that must be used in stay interviews.
Ideally however, you want to limit the number of questions that you select so that you finish the interview within one hour. I have broken the type of questions to select from into four different categories. Read more…
By James J. McDonald Jr.
Earlier this year, California Gov. Jerry Brown signed into law an expansion of the state’s “paid family leave” benefit.
While the new law does not become effective until July 1, 2014, already media outlets have reported that employees will have expanded rights to paid time off from work next year. This is only partially correct and it continues to spread the confusion over what “paid family leave” really means.
Beginning in 2004, California employees who took time off work to care for an ill parent, child, spouse, or domestic partner, or to bond with a newborn or newly-adopted child, could receive up to six weeks of pay through the state’s Employment Development Department (EDD). Read more…
By Eric B. Meyer
An employee-plaintiff who claims that she was discriminated against under the Americans with Disabilities Act due to her pregnancy alone, will lost her ADA claim 10 times out of 10. This is because pregnancy is not a disability under the ADA.
But what if that same employee plaintiff with an ADA claim alleges that the discrimination relates not to her pregnancy, but rather to her morning sickness?
Hmmm…. Read more…
It’s that time of year again, when HR pleads, prods, and threatens managers to get their performance appraisals done.
It’s also the time when many managers and HR leaders contemplate adding 360-degree feedback to the process.
We hear, “Wouldn’t it be great if we included feedback from peers, direct reports, and others to get a better picture of an individual’s overall performance?” Yes! We won’t debate the continual argument of whether organizations should use 360s for appraisal. Read more…
Editor’s Note: The holiday season is here, and TLNT will celebrate by bringing back some classic holiday posts from the past. Look for them over the next two weeks.
We’re right in the midst of this big holiday season and everyone seems to have a favorite.
I think most kids love Christmas and Halloween. My kids are Jewish and they still love Christmas – well, let’s face it, they love getting gifts and like any good Jewish Mom and Dad, we make sure they get more gifts then their Christian friends!
Many adults love Thanksgiving – all the food, football, Black Friday shopping, etc. But everyone has a favorite! Read more…
Want to give thanks this week for a tip about performance reviews? Here it is.
Turn the darn things on their head, shake them and see what falls out.
Root around in the pile of rubble. By this time of year in many companies, forms are long finished, reviewed and approved. So you’re not going to find self appraisals, competency assessments or even ratings in the pile.
But you will find fingerprints on the debris, and here’s where we get to my point: Read more…
For the most part, exit interviews are useless.
The information you gain will do nothing to help you retain that person (or anyone else) because people who are leaving have no reason to tell you the truth and they, wisely, don’t want to burn any bridges.
That’s why I strongly recommend you skip the exit interview drill and start conducting “Stay with Us” employee retention interviews with your A-players every three-to-six months instead. Read more…