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5/7/2013
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5/16/2013
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4/29/2013
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5/15/2013
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5/9/2013
Blogs
Don’t forget Form LM-10 reporting deadline
by Kevin J. Skelly Every year, employers must publicly report specific transactions or arrangements relating to unionization or the threat of unionization. The report must be made within 90 days after the end of the employer’s fiscal year. For employers whose fiscal years coincide with the calendar year, the reporting deadline will be at the end...
Categories: Blogs
Employer on the hook for snooping through employee’s e-mails
by Tamara R. Jones Employers should remain mindful of potential ethical and other issues that arise when privileged information between a current or former employee and her attorney is transmitted through the employee’s personal e-mail account (e.g., Yahoo!) using her employer’s computer. Company’s vague policy nets victory for...
Categories: Blogs, Technology for HR
It’s, Like, Dishonest
Litigation Value: Dunder Mifflin faces potential FTC sanctions for Erin and Pete’s fake “like” marketing campaign on Facebook. “Customer Loyalty” aired back in January, and I highly recommend Kristin’s post questioning the validity of Dwight’s loyalty pledge. I might add that such a pledge is probably...
Categories: Blogs
People are people
It’s always good to remember that people are people. In our society, we tend to put people on a pedestal. Athletes, actors, musicians, and even business executives are revered and idolized. Consider how Michael Jordan, George Clooney, Elvis Presley, and Steve Jobs are perceived. Elvis—only his first name is necessary—is still the second...
Categories: Blogs
Violence Against Women Reauthorization Act passes
The Violence Against Women Reauthorization Act passed its last congressional hurdle February 28 when the House voted 286-138 in favor of the Senate-approved version of the bill. President Barack Obama has promised to sign the measure. The original Violence Against Women Act (VAWA) passed in 1994. The most recent version expired in October 2011, and...
Categories: Blogs
Tennessee House passes guns-in-cars bill
Update: On March 14, 2013, Governor Bill Haslam signed SB 0142, which allows person with a valid handgun carry permit to transport and store a firearm or firearm ammunition in the permit holder’s privately-owned motor vehicle in public or private parking areas under certain conditions. by Kara Shea and Sara Anne Quinn On Thursday, the...
Categories: Blogs
Phoenix bans sexual orientation discrimination
by Dinita L. James On February 26, the Phoenix City Council voted to amend its human relations ordinance to include lesbian, gay, and transgender persons as well as disabled individuals among the groups protected from employment discrimination. The 5-3 vote came after a nearly five-hour public hearing before an estimated 500 people in the city’s...
Categories: Blogs
OFCCP toughens rules on compensation audits
by David S. Fortney and Judith E. Kramer Effective February 28, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is changing its approach to compliance audits and enforcement proceedings related to how contractors pay their workers. The changes effectively open nearly every federal contractor’s actions,...
Categories: Blogs
NLRB not very charitable toward nonprofit that fired employees over Facebook posts
by Taylor Chapman Recently, the National Labor Relations Board (NLRB) considered an employer’s termination of five employees who posted comments on Facebook about a coworker and again ruled against the employer. Facts The decision, issued December 14, 2012, involved Hispanics United of Buffalo (HUB), a nonprofit organization that provides...
Categories: Blogs, Technology for HR
Blogumentary
NBC just seems to know when it’s my scheduled turn to blog reactions to The Office. Rather than face my intense scrutiny and the inevitable backlash from all of my loyal followers (i.e., my mom), the network punted, airing a full hour of Parks & Recreation instead. I was a few episodes behind anyway, so at least this gave me the...
Categories: Blogs
The ’savings clause’ for employer social media policies
In the post “Internet-prompted firings: Are they lose-lose for employers?” employment law attorney Elijah Yip suggested that employers could include a “savings clause” in their social media polices to let employees know that such policies aren’t meant to restrict employees’ Section 7 rights. An astute reader...
Categories: Blogs, Technology for HR
Which came first—the people or the culture?
There is a lot written about the advantages of chemistry and great company culture, but what really are those things? A company is a social organization with rules that govern the relationships between people and among groups. There is a division of activity, and there is agreement regarding certain obligations of the various parties. This is true...
Categories: Blogs
Breaking up is hard to do
Litigation Value: David Wallace, get your metaphorical wallet out. You’ve got settlement checks to write for Erin ($2,500-$5,000 for sexual harassment and potentially a lot more for invasion of privacy), Pete ($5,000-$10,000 for sex discrimination and a touch of IIED), and Alice (the weakest claim, but still worth $1,000 or so for nuisance...
Categories: Blogs
Keeping the boom going: Baby boomers continue strong hold on workforce
Today’s workers are likely to celebrate their 65th birthdays with a cake and a short gathering of coworkers in the break room – not with a big retirement party complete with the awarding of a gold watch. Retirement has taken on a new look, and employers must be ready for that trend to continue. The U.S. Census Bureau released a report in...
Categories: Blogs
My wife made me do it
by Mark I. Schickman People often complain that California employment law is bizarre. My colleagues around the country call our judges “fruits and nuts.” To the contrary, however, while our legislature is farther left than most states’ legislatures and our juries are more profligate than most, our appellate courts are relatively...
Categories: Blogs
Employer faces sex bias case after manager’s comments about choosing work over family
by Rich Voelbel Work-life balance is a reality that most employers have come to accept. Employees have children, and occasionally, they need to take days off to care for them when they are sick. While managers may not always like the fact that their employees have to miss work, as the case below demonstrates, it’s best to keep remarks about...
Categories: Blogs
Recent EEOC settlements and enforcement actions
by Cynthia Ozger-Pascu The Equal Employment Opportunity Commission (EEOC) is continuing its aggressive pursuit of sexual harassment and discrimination claims through systemic enforcement actions. EEOC settles long-standing sexual harassment suit On January 9, the EEOC announced a $2.5 million settlement with Burger King Corporation regarding...
Categories: Blogs
Internet-prompted firings: Are they lose-lose for employers?
by Tammy Binford It should be an easy call: An employee commits an intentional act that violates company policy and embarrasses a customer. Most employers would agree that discipline or termination is appropriate, but other considerations can come into play. If the workplace incident goes viral, for example, the situation gets more complicated. Add...
Categories: Blogs, Technology for HR
Tennessee Senate OK’s ‘guns in parking lots’ bill
Legislation giving handgun carry permit holders the right to keep guns in their vehicles in public parking lots, including their employer’s parking lot, passed the Tennessee Senate Monday evening, 28-5. The bill, which will go to the House Civil Justice Subcommittee Wednesday afternoon, would give civil immunity to employers for deaths, injuries,...
Categories: Blogs
Admitting you have a problem is the first step in fixing the problem
There’s a very powerful scene from the first episode of the television series The Newsroom, which debuted on HBO last year. In the scene, the news anchor, played by Jeff Daniels, is a member of a panel that sits before a large auditorium filled with adults of various ages. A young woman from the crowd steps forward to ask a question: “Can you...
Categories: Blogs
