Human Resources News
Oklahoma Employees May Have Misconceptions About New ‘Open Carry’ Law
by Charlie Plumb Effective November 1, 2012, Oklahoma handgun owners will be permitted to carry their firearms more freely than before. Yet contrary to some popular belief, the state’s new “open carry” bill (SB 1733) does have limitations. Though some employees may believe they now will have the right to carry guns while at work,...
NLRB Union Election Rule Struck Down
Foes of the National Labor Relations Board’s (NLRB) rule to shorten the process required to hold a union representation election scored a win when a court invalidated the rule on May 14, but the final outcome of the fight isn’t yet clear. The U.S. District Court for the District of Columbia ruled that the NLRB didn’t have a quorum...
EEOC Updates Guidance on Use of Arrest, Conviction Records in Employment
The Equal Employment Opportunity Commission (EEOC) has released new guidance related to employers’ use of applicant and employee arrest and conviction information. The new guidance, approved in a 4-1 vote during a meeting on April 25, includes information on how an employer’s use of an individual’s criminal history in making...
Massachusetts Criminal Record Rule Changes Finish Taking Effect May 4
by Tim Murphy In 2010, the Massachusetts Legislature made sweeping changes to the statute governing employers’ use of Criminal Offender Record Information (CORI). In addition to prohibiting employers from asking about an applicant’s criminal history on the job application, the amendments called for additional changes to the way...
D.C. Circuit Blocks Implementation of April 30 Posting Requirement
The ongoing saga of delays and extensions of the National Labor Relations Board’s (NLRB) notice posting rule continues, this time with an injunction. The U.S. Court of Appeals for the District of Columbia Circuit has granted a request to halt the implementation of a rule that would require all employers subject to the National Labor Relations...
South Carolina Court Says “No” To NLRB Posting Rule
By Richard J. Morgan For over 75 years, the National Labor Relations Board (NLRB) was one of a very few federal labor agencies that didn’t require employers to post a general notice of employee rights in the workplace. Yet, on December 22, 2010, the NLRB decided it would change its 75-year history. On that date, the NLRB proposed a rule that...
California Supreme Court Issues Meal and Rest Break Ruling
By Mark I. Schickman California employers have been waiting since October 2008 for the California Supreme Court to issue its ruling in the Brinker Restaurant case, clarifying whether employers must “ensure” that employees take meal and rest breaks or simply “provide” those breaks. Today, the court unanimously served up a...
Maryland Passes Law Prohibiting Employers from Seeking Social Media Passwords
by Kevin McCormick Maryland has become the first state to enact password protection legislation designed to prohibit employers from requiring applicants and employees to disclose their personal passwords to social media sites such as Facebook, Twitter, and MySpace. The legislation was passed April 9 and is expected to be signed by Governor Martin...
OSHA Targets Nursing Homes in New National Emphasis Program
The Occupational Safety and Health Administration (OSHA) has launched a National Emphasis Program (NEP) that for the next three years will step up inspections of health hazards to workers in the nursing and residential care industry. A statement from OSHA quotes figures from the U.S. Bureau of Labor Statistics showing that workers in nursing and...
Controversial Gay Rights Ordinance Goes into Effect in Omaha
by Mark M. Schorr As of March 28, 2012, a new protected category has been created under the Omaha Municipal Ordinance enforced by Omaha’s Human Rights and Relations Department. Omaha residents who are lesbian, gay, bisexual, and transgender are now protected from discrimination in the same way that sex, race, national origin, age, marital...
EEOC Issues Rule Clarifying ‘Reasonable Factors Other Than Age’
The Equal Employment Opportunity Commission (EEOC) has issued a new rule aimed at clarifying when the “reasonable factors other than age” (RFOA) defense can be used in claims filed under the Age Discrimination in Employment Act (ADEA). The rule is to be published in the Federal Register on March 30. A statement from the EEOC says the...
Comments Sought on Proposed Changes to Form I-9
The U.S. Citizenship and Immigration Services (USCIS) is inviting public comment on proposed revisions to Form I-9, the form all U.S. employers are required to keep on employees to document that they are eligible to work in the United States. Comments will be accepted until May 29. Key revisions to the form include: Expanded Form I-9 instructions...
2013 H-1B Petitions to Be Accepted Beginning April 2
The U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B visa petitions for fiscal year 2013 on Monday, April 2. Petitions for the visas, which allow nonimmigrant specialists to temporarily work in the United States, will be considered accepted on the date USCIS takes possession of a properly filed petition with the correct...
Health Care Reform: Supreme Court Hears Arguments on Individual Mandates
Unless you have spent this week on another planet, you have heard that the U.S. Supreme Court is hearing three days of arguments on the health care form law passed by Congress in 2010. The Court is expected to hand down a decision by the end of June. On Tuesday, day two of the hearings, the court heard arguments about the individual mandate...
New Florida Law Allows Random Drug Testing of State Employees
by G. Thomas Harper Governor Rick Scott has signed into law controversial House Bill (HB) 1205, which will change the way state employers deal with drug testing their employees. What follows is a quick update on how HB 1205 will affect employers when it goes into effect at the beginning of July. In addition to applicant testing and...
States Retain Sovereign Immunity from Suit Under FMLA Self-Care Provisions
In a 5-4 opinion delivered Tuesday, the U.S. Supreme Court held that state employers are immune from suit for damages under the self-care provisions of the Family and Medical Leave Act (FMLA). In the case, Daniel Coleman sued his employer, the Court of Appeals of the State of Maryland, for $1.1 million in damages when he was refused sick leave to...
Appeal Planned Over NLRB Poster Court Ruling
Although a federal district court in Washington, D.C., has ruled that the controversial employee rights poster requirement will go into effect April 30, the legal wrangling over the issue likely isn’t over. The ruling from U.S. District Court Judge Amy Berman Jackson on March 2 is a partial victory for the National Labor Relations Board...
New ADA Design Standards Take Effect March 15
Employers covered under the Americans with Disabilities Act (ADA) must make sure any new building projects are in compliance with the 2010 Standards for Accessible Design by March 15. The new standards replace the 1991 standards devised when the ADA became law. The 2010 standards set minimum requirements for new construction and alterations of...
EEOC Issues New Guidance on Employing Veterans with Disabilities
The Equal Employment Opportunity Commission (EEOC) has released new guidance addressing how changes to the Americans with Disabilities Act (ADA) affect the employment of veterans with disabilities. One of the guides is aimed at employers, and the other is for veterans. Both are available at www.eeoc.gov. The guides reflect changes brought about by...
Departments Issue Final Summary of Benefits and Coverage Regulations
Employers have a new health care reform deadline to add to their calendars. Last week, the Department of Health and Human Services (HHS), the Department of Labor (DOL), and the Department of the Treasury issued final regulations under the Patient Protection and Affordable Care Act that are intended to help: individuals easily understand their...