By Michael J. Lotito
This week, National Labor Relations Board Chairman Mark Pearce and General Counsel Richard Griffin, Jr. came under fire from a sharply divided group of House members during a budget subcommittee hearing.
Members pressed Griffin and Pearce on the recent string of NLRB policies that will have a significant impact on labor policy and the ability of employers to manage their businesses.
In their opening statements, Pearce and Griffin reiterated that the NLRB has had to do more with less in recent years, and that the work they do is critical to ensuring that labor groups and employers treat each other appropriately. Read more…
Yesterday, the U.S. Supreme Court kinda, sorta clarified pregnancy accommodation rules at work.
I’ll do my best to sort it out for you.
Let’s assume that you have a pregnant employee who tells you that she has a lifting restriction. In the past, you have accommodated employees with disabilities who had similar lifting restrictions. You’ve also done the same for folks who got injured on the job and others who lost their U.S. Department of Transportation (DOT) certifications.
If you don’t provide the same accommodation to the pregnant employee, have you violated the Pregnancy Discrimination Act (PDA)? Read more…
By Eric B. Meyer
A few years ago, I posed this question: Is a workplace “English-only” rule legal?
Yadda, yadda, yadda, sometimes.
That is, in this Compliance Manual, the Equal Employment Opportunity Commission confirms that employers may adopt English-only rules under certain circumstances, insofar as it is adopted for non-discriminatory reasons (e.g., safety, business necessity) and not to discriminate on the basis of national origin. Read more…
By Eric B. Meyer
Does a company invade an employee’s privacy by accessing personal texts on a work-issued iPad?
This “invasion of privacy” question is the lynchpin of a new lawsuit from two former employees of one of the largest beer companies in the world. The complaint (Nascimento v. Anheuser Busch), which began in state court, has been removed to federal court in New Jersey.
David Gialanella, reporting for the New Jersey Law Journal, summarizes the facts of the case: Read more…
Do you work in HR?
Do you want to be promoted and make more money? Do you like being in charge? Are you ready to help your company make some important decisions?
Well, sorry, your options are limited. Read more…
There has been much hand wringing over the health law requirement that large employers this year offer insurance to workers who put in 30 or more hours a week or face penalties for not doing so.
The new rules would cost employers a bundle, some fretted, as part-timers clamored for company coverage previously unavailable to them. Others worried that employers would cut workers’ hours to get under the cap.
A new study found that so far there’s little cause for concern: Average enrollment in company plans was essentially unchanged between 2014 and 2015 at 74 percent of all workers. Read more…
By Eric B. Meyer
I’ve gotta hand it to the company in this recent federal appellate court opinion in Beaufort v. ActionLink, LLC. The company almost — soooooo close — avoided several claims for unpaid overtime.
Let me set the stage for you. Back in 2011, the U.S. Department of Labor began investigating a complaint that a marketing company had misclassified some employees and failed to pay overtime. Read more…
By Eric B. Meyer
Got a busted bracket in your HR Department’s NCAA Men’s Tournament bracket pool?
Well, according to this CareerBuilder.com survey, 1 in 7 U.S. workers planned to fill out a bracket in an NCAA Men’s Basketball Tournament office pool. Most likely to participate would be the folks in IT (40 percent), with senior management 50 percent more likely to participate than entry-level employees. Read more…
Editor’s Note: Readers sometimes ask about past TLNT articles, so every Friday we republish a Classic TLNT post.
Skills shortages in 2020 will rise to an entirely new level.
And I’m not talking about STEM skills, although they’re critical. Or the ability to speak multiple languages, which needs to be more common in the U.S. Or even the readiness of college graduates to take a place in the economy, which a majority of employers report is lacking.
I’m talking about the skills that the globally-connected, superstructured, computationally focused, smart-machine powered organizations of the future staffed by longer living and working, new media-using employees will require. Read more…
By Lori Armstrong Halber
In the words of House Education and the Workforce Committee Chairman John Kline, R-MN, “Today, Congress voted to stop an unelected board of bureaucrats from trampling on the rights of America’s workers and job creators.”
The House of Representatives voted Thursday to join the Senate and send a resolution to President Obama blocking the National Labor Relations Board’s Ambush Election Rule, implemented on Dec. 12, 2014 and scheduled to take effect next month, on April 14, 2015. Read more…