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Browning-Ferris reversal calls end to uncertainty on joint employment

Human Resources News - Fri, 12/15/2017 - 12:57
Employers confused over what constitutes joint employment have seen the confusion largely cleared up, thanks to a National Labor Relations Board (NLRB) decision issued December 14. The 3-2 decision overrules the Browning-Ferris decision, which broadened what could be considered a joint employment relationship. Under the Browning-Ferris decision,...

Latest NLRB action seen as demise of ‘quickie’ union election rule

Human Resources News - Fri, 12/15/2017 - 09:58
The National Labor Relations Board’s (NLRB) decision to seek public input on the controversial 2014 rule that sped up the union election process is likely to result in the rescission of the rule, according to an attorney who keeps a close watch on the Board’s actions. On December 14, the NLRB announced that it would publish a Request for...

Should you be an HR leader?

HR Hero Line - Wed, 12/13/2017 - 05:00
by Allison Gusmus Whether you are a salesperson or a CFO, you should be thinking about the people in your organization. You may think, “I’m in sales, why should I care about the people in my organization?” or “I’m the CFO, numbers are my thing, not people,” but you are dead wrong. It’s part of your job...
Categories: Blogs

What now? 5 steps to take if your probe doesn’t corroborate harassment allegations

EntertainHR - Tue, 12/12/2017 - 14:51
The avalanche of complaints emboldened by the #metoo movement shows no sign of relenting, and many caught in its crosshairs have been unceremoniously fired or forced to resign based on allegations of harassment. Of course, when such allegations arise in the employment context, employers have a duty to investigate and to take action when there...
Categories: Blogs

North Carolina worker misclassification law takes effect December 31

Human Resources News - Tue, 12/12/2017 - 13:56
by Patricia Heyen The North Carolina Employee Fair Classification Act (EFCA), which will take effect on December 31, provides a mechanism that allows workers to more easily report—and state agencies to more easily prosecute—employers that misclassify workers as independent contractors instead of employees. The new law increases the potential...

Take time to recognize accomplishments in 2017

The Oswald Letter - Mon, 12/11/2017 - 11:13
by Dan Oswald I’ve said before on these pages that I don’t do a great job of celebrating our company’s successes. It seems that as we achieve a goal, I immediately look to the next opportunity or focus on a problem area that needs attention when I should be recognizing and congratulating everyone involved in our success. Maybe I need to take...
Categories: Blogs

Nevada domestic violence leave law takes effect January 1

Human Resources News - Mon, 12/11/2017 - 08:38
by Deanna L. Forbush Nevada’s law requiring employers to provide victims of domestic violence time off, reasonable accommodations, and protection against discrimination and retaliation takes effect January 1. Requirements, definitions The state’s Domestic Violence Leave Act covers all employers. The law states that employees who have worked...

Bill takes aim at forced arbitration of sexual harassment complaints

Human Resources News - Fri, 12/08/2017 - 10:54
by Tammy Binford Arbitration, long a favored method of handling workplace disputes, would be removed as an option in sexual harassment and gender discrimination cases if a new bill introduced in Congress becomes law. Often, employment contracts contain arbitration clauses that require disputes to be settled through arbitration instead of...

Maine’s minimum wage law change going into effect January 1

Human Resources News - Fri, 12/08/2017 - 09:31
by Matthew Jacobson Changes to the Maine minimum wage law taking effect January 1 mean that the minimum wage for tipped workers will continue to be $5 an hour instead of rising $1 an hour like the minimum wage for workers who don’t receive tips. Maine voters approved Question 4 on the 2016 ballot. The initiative set in motion annual minimum wage...

False assumptions, ill-advised questions just a few hiring hazards to avoid

HR Hero Line - Fri, 12/08/2017 - 05:23
Ever finish interviewing a job candidate and wonder if you’ve asked enough questions—or maybe asked too many? Worse, do you wonder what problematic questions others involved in the hiring process may have asked? The human resources department probably trains managers on the do’s and don’ts of interviewing, but in spite of that training,...
Categories: Blogs

New top lawyer for NLRB signals change

Employer Law Report - Thu, 12/07/2017 - 12:50
By Mike Underwood Peter Robb is President Trump’s new General Counsel for the National Labor Relations Board (NLRB). He was confirmed by the Senate in November. The General Counsel is the top lawyer guiding NLRB enforcement activity. Direction from the General Counsel’s office influences how NLRB Regional Directors enforce the law and has a...
Categories: Porter Wright

Trashing customers online: It hit the fan and your employee threw it

Technology for HR - Thu, 12/07/2017 - 08:58
by Jo Ellen Whitney You’ve heard the nightmare stories: Some employee tweeted or posted something that embarrassed his employer or shined the spotlight on the company and drew it into the national debate over social and political issues. In one recent example, ESPN “SportsCenter” anchor Jemele Hill tweeted that fans of the NFL...
Categories: Blogs, Technology for HR

Overtime law changing for Oregon manufacturing employers

Human Resources News - Wed, 12/06/2017 - 13:23
by Cal Keith Much of a new law affecting overtime pay in mills, factories, and manufacturing facilities in Oregon will take effect on January 1. In most circumstances, employers in Oregon must pay overtime wages after an employee has worked 40 hours in a week, but mills, factories, and manufacturing facilities also face a daily overtime requirement...

SCOTUS allows travel ban 3.0 to take effect

Employer Law Report - Wed, 12/06/2017 - 12:19
By Anna Robosson The third time is the charm for the Trump Administration, for now. On Monday, Dec 4, 2017, the U.S. Supreme Court issued an order allowing President Trump’s third attempt at a travel ban to take full effect while the issue of its constitutionality is litigated in the circuit courts. This decision has the practical effect of...
Categories: Porter Wright

Holiday season and winter weather: employer mini survival kit

HR Hero Line - Wed, 12/06/2017 - 05:09
by Shawntel Hebert The month of December is here, and depending on your industry, you may find your company in a very busy or fairly slow period. Whether you’re busy or slow, December also brings holiday festivities and the onset of winter weather. In the midst of planning for holiday staffing and preparing for inclement weather, employers...
Categories: Blogs

January 1 is key date for New York paid family leave law

Human Resources News - Tue, 12/05/2017 - 10:29
by Angelo D. Catalano Employers in New York need to be ready to provide paid family leave (PFL) to eligible employees as of January 1. The PFL law, signed into law in April 2016, allows eligible full- and part-time employees to take payroll-deducted paid leave for qualifying circumstances such as a serious health condition of a close family...

Coaching reVOL-UTion: Schiano, Currie, and what school’s lawyers are analyzing right now

EntertainHR - Tue, 12/05/2017 - 08:01
The Tennessee coaching search has produced high drama over the past two weeks. For Vol fans like myself, it has felt at times like absolute torture and at other times like just a little bit of torture. “Vol-nation” was in better spirits after the hiring of Phillip Fulmer as Athletic Director was announced, and many are pleased with...
Categories: Blogs

Make sure your time is spent on what is most important

The Oswald Letter - Mon, 12/04/2017 - 10:05
by Dan Oswald Time is a limited resource. No matter how hard you try, you can’t pack more hours into a day. There are 24 hours each and every day, and there is simply nothing you can do to change that. Time just rolls on. How often do you catch yourself wishing you had more time to do something? How often do you find yourself saying there...
Categories: Blogs

New minimum wage, paid sick leave requirements for Washington

Human Resources News - Fri, 12/01/2017 - 11:32
by Cate DeJulio and Stephanie Holstein Employers in Washington will be required to comply with a new minimum wage and offer paid sick leave beginning January 1, 2018. Minimum wage As a result of Initiative Measure (IM) 1433, approved by voters in November 2016, the state’s minimum wage will rise to $11.50 an hour on January 1, 2018, up from the...

But my employees aren’t unionized! A trap for the unwary

HR Hero Line - Fri, 12/01/2017 - 05:18
by William J. Evans “But my employees aren’t unionized!” is a frequent exclamation uttered by employers when they learn they’ve been charged with violating their nonunion employees’ Section 7 rights under the National Labor Relations Act (NLRA). It’s a surprisingly little-known fact that the NLRA applies...
Categories: Blogs
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