Federal appeals courts issue conflicting decisions on ACA subsidies

Human Resources News - Tue, 07/22/2014 - 14:38

A few weeks after the U.S. Supreme Court dealt a blow to the Affordable Care Act’s (ACA) contraceptive mandate, federal courts are looking at a different aspect of the law—exchange subsidies. On July 22, there was a flurry of activity on the issue, with two federal appeals courts issuing conflicting rulings. States had the option to design and...

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Technology advances require another look at telecommuting as reasonable accommodation

Technology for HR - Tue, 07/22/2014 - 13:03

by Roberta Browning Fields The U.S. 6th Circuit Court of Appeals recently revived an Americans with Disabilities Act (ADA) suit filed on behalf of an ex-Ford Motor Company worker, showing that courts are warming to telecommuting as an ADA accommodation. As a result of the decision, more employees are likely to ask to work from home.  ...

Categories: Blogs, Technology for HR

Illinois governor signs law prohibiting criminal history inquiries on job applications

Human Resources News - Tue, 07/22/2014 - 08:19

by Steven L. Brenneman Fox, Swibel, Levin & Carroll, LLP On July 21, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will prohibit most private-sector employers and employment agencies with 15 or more employees from asking applicants about their criminal histories and conducting criminal...

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Obama order bars contractors from LGBT employment discrimination

Human Resources News - Mon, 07/21/2014 - 11:28

On July 21, President Barack Obama signed an Executive Order prohibiting federal contractors from employment discrimination based on sexual orientation or gender identity. Federal Employment Law Insider editor David S. Fortney, Elizabeth B. Bradley, and Emily Bristol, attorneys with Fortney & Scott, LLC in Washington, D.C., issued a statement...

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Military spouses and their employment challenges: What employers can do

Diversity Insight - Sun, 07/20/2014 - 19:59

What employer doesn’t crave a pool of applicants with a strong work ethic, a reputation for being skilled, diverse, motivated, tech-savvy, mobile, and well-educated? Those qualities typically top the list of desired characteristics, but when candidates with those assets are military spouses, employers often pass them up.  Department of Defense...

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New mental disorders could lead to spike in ADA claims

Diversity Insight - Sun, 07/20/2014 - 19:57

by Lisa Berg What do forgetfulness, menstrual cramps, and social awkwardness have in common? They’re all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which is published by the American Psychiatric Association (APA).  The DSM-5 is widely used by...

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The perils of firing an older, long-tenured worker

Diversity Insight - Sun, 07/20/2014 - 19:56

by Jonathan C. Sterling Q We have an employee over age 65 who has been a manager for over 40 years and has excellent evaluations in his file. Recently we have learned that his department is possibly committing fraud in their documentation of paperwork. He doesn’t abide by company policy, doesn’t meet deadlines, and has been written up...

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Supreme Court addresses, upholds state bans on affirmative action

Diversity Insight - Sun, 07/20/2014 - 19:53

By Holly K. Jones In a recent U.S. Supreme Court ruling, the court upheld a controversial ban on the use of affirmative action in public education, employment, and contracts in the state of Michigan. For details on the decision and whether it affects your business, read on.  Background In 2003, two U.S. Supreme Court decisions addressed―and in...

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Perception is reality when it comes to disabilities

Diversity Insight - Sun, 07/20/2014 - 19:50

by Cathleen S. Yonahara An employee was placed on paid leave because of his medical symptoms. When he was subsequently fired, he sued for disability discrimination. The employer prevailed at the trial court level but lost before the appellate court. The crux of the case was whether the employer “regarded” the employee as disabled even...

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New guidance on pregnancy discrimination released

Human Resources News - Tue, 07/15/2014 - 08:49

For the first time since 1983, the Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on pregnancy discrimination. The new guidance incorporates significant developments in the law during the past 30 years, including how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with...

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Do your employees have the right type of motivation?

The Oswald Letter - Mon, 07/14/2014 - 20:00

by Dan Oswald A colleague shared with me an article published recently in the New York Times Sunday Review. In addition to the fact that the article had been recommended, its title, “The Secret of Effective Motivation,” was certainly enough to get me to read it. Who in management doesn’t want to know the “secret” of effective...

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You can’t tell me who to be friends with (can you?)

Technology for HR - Mon, 07/14/2014 - 11:04

By Jason Ritchie Q Our CEO would like to request that our directors not “friend” any current employees on Facebook or any past employees until they have been gone for a year. Can we legally do this?  A Generally, it is acceptable to implement a social media policy that prohibits managers from being “friends” with their...

Categories: Blogs, Technology for HR

The keyboard is mightier …

EntertainHR - Mon, 07/14/2014 - 09:21

This past Friday, LeBron James announced his return to Cleveland after four years of displaying his talents at South Beach. One of the biggest clues that something was in the works was when the open letter written by Cleveland Cavaliers owner Dan Gilbert in 2010 to the then-departing LeBron suddenly went missing from the team’s website. In the...

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New Arizona law spells out employees’ victim leave rights

Human Resources News - Mon, 07/14/2014 - 09:19

by Jodi R. Bohr An amendment to Arizona’s law addressing leave rights for victims of juvenile offenses goes into effect on July 24, making the law on juvenile offenses mirror the law addressing leave rights for victims of criminal offenses. During its second regular session, the 51st Arizona Legislature amended Arizona Revised Statutes (A.R.S.)...

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UAW trying different approach to unionize Volkswagen plant

Human Resources News - Fri, 07/11/2014 - 13:34

Despite two failed attempts to unionize the Volkswagen plant in Chattanooga, Tennessee, the United Auto Workers (UAW) on July 10 announced the creation of Local 42, a local that Chattanooga VW workers can join voluntarily. “We’ve had ongoing discussions with Volkswagen and have arrived at a consensus with the company,” Gary Casteel, the...

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New Louisiana law prohibits employers from seeking social media passwords

Human Resources News - Thu, 07/10/2014 - 10:39

by Josh Wood and H. Mark Adams Louisiana’s new Personal Online Account Privacy Protection Act (House Bill 340) goes into effect August 1. It precludes employers from requesting or requiring employees and job applicants to disclose any username or password that allows access to their personal online accounts. The law prohibits employers from...

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New Arizona law outlaws double-dipping unemployment benefits

Human Resources News - Wed, 07/09/2014 - 10:02

by Dinita L. James A new Arizona law going into effect July 24 means employees who are let go with severance pay won’t be eligible for unemployment benefits right away. The law adds a new section to Arizona Revised Statutes § 23-621 to define severance pay, a term that was undefined in earlier legislation, which resulted in a laid-off employee...

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Comment period on $10.10 minimum wage rules ends July 28

Human Resources News - Wed, 07/09/2014 - 09:17

by Rachael E. Luzietti The comment period for the proposed rule to implement President Barack Obama’s Executive Order to raise the minimum wage for employees working on government contracts ends July 28. Those interested in having their voices heard should submit comments at www.regulations.gov. In February, Obama issued Executive Order 13658,...

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Can we find a balance between short-term and long-term investments in our businesses?

The Oswald Letter - Mon, 07/07/2014 - 20:00

by Dan Oswald Let me see if something strikes a chord with you as it did with me. As a manager, you’re asked to be a wise steward of the resources given to you. That means not only generating an appropriate amount of revenue and profit with the resources you manage today but also investing wisely to find new opportunities that will sustain the...

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Have you covered your assets or left workers to their own devices?

Technology for HR - Mon, 07/07/2014 - 09:15

by Jodi R. Bohr BYOD (bring your own device―did I really need to define it?), while not my favorite “BYO” acronym, is probably just as widely known as its Prohibition-era predecessor, BYOB. Having gone from movement to mainstay, BYOD has become a way of life for most companies. But many companies don’t realize that allowing ...

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