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Weiss is director of Seyfarth Shaw at Work, a legal compliance training company associated with the Seyfarth Shaw law firm. He says that courts (and opposing attorneys) will explore such things as the content of the training course, how much money is spent on training, and the trainer’s background and competency. His remarks originally appeared […]
Eye on the Election Here’s the first in our series of “Eye on the Election” posts which are focused on helping employers prepare for post-election changes, no matter who is elected. For today’s topic of likely labor law and NLRB actions after the election we turned to Patricia M. Trainor, J.D., SPHR, BLR’s Senior Managing […]
Q. We have a safety meeting that all employees attend. Are the hours attending the safety meeting considered "hours worked" for overtime purposes? A. Training programs conducted during regular working hours constitute work time and must be compensated as such, according to the federal Fair Labor Standards Act (FLSA). After-hours training need not be compensated […]
How do you know whether to classify someone as an independent contractor or employee? Is it enough to have a contract in place that specifies that someone is not considered an employee? While most employees hope they have it right, misclassifying employees as independent contractors costs the federal government $2.72 billion every year, according to […]
Here’s sample Political Activity Policy number one: Employees are not to participate in election activities while working and are not to use company facilities to engage in election activities. When not on company premises, representing the company or using company resources, an employee’s personal conduct is his or her own to regulate. Employees are encouraged […]
Looking for top talent? Forget about perks and benefits, you may want to check out your workplace restrooms! A recent survey suggests that most American workers (83 percent) believe the condition of a workplace restroom is one indicator of how a company values its workforce. Thankfully, 66 percent of employees rate their workplace restroom as […]
Individuals who have long been in the majority classes for race and ethnicity may now find themselves in the unfamiliar territory of a “minority” in some states. The changes in population present an interesting—if not complicated—problem for contractors with affirmative action responsibilities. Recent census data reveal that there are four states where “minority” populations are […]
It’s hard to explain why you forgot that you had to work 8 hours extra per week, especially when minutes of a public board meeting show that you were present. And especially when you forgot for 5 years and over 2,000 hours’ worth of pay! That is the dilemma facing a fire marshal in Connecticut, […]
Special from Atlanta—SHRM Annual Conference and Exhibition In yesterday’s Advisor, attorney James McDonald explained the legal pitfalls of one kind of lookism—“You’re too unattractive to work here.” Today, he tackles the opposite—“You’re too attractive to work here”—plus we introduce the HR policy guru, SmartPolicies. The Other Side of Lookism: I’m Too Sexy McDonald, who is […]
In worst-case scenarios, stumbling blocks become legal hurdles too great for your human resources department to overcome. What starts as an innocent mistake, lack of knowledge or sin of policy omission becomes a genuine issue of material fact and it lands your company in court. In the case of Lichtenstein v. University of Pittsburgh Medical […]