Category: HR Management & Compliance
There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.
Wage and hour cases often seem piddling—what are a few hours of overtime here and there? But add in other class members (hundreds, thousands?), years (2 or 3?), and damages, and there’s quite a tidy sum you might owe. Here are several recent cases, each with something to teach about managing wage and hour difficulties. […]
By Stephen D. Bruce, PHR Editor, HR Daily Advisor Just My E-pinion Our recent column featuring a question about amnesty for illegal immigrants generated responses from many readers, most of whom voted (or railed) against amnesty. [Go here to read the original column.] The original questioner/writer had low-level positions to fill. No one with a […]
This morning, the U.S. Supreme Court issued a surprising 5-4 decision holding that the previously short-staffed National Labor Relations Board (NLRB) acted without authority over the two years it had only two members. As a result, more than 500 opinions decided by that Board are now invalid and will need to be readdressed. In addition […]
Today, the U.S. Supreme Court held that a public employer did not violate an employee’s constitutional privacy rights by searching his personal (and often sexually explicit) text messages that were sent and received on his employer-issued pager. The Backstory The City of Ontario, California, issued pagers that could send and receive text messages to Ontario […]
Continuing the recently established practice of issuing broadly applicable “Administrator Interpretations” in lieu of wage and hour opinion letters, U.S. Department of Labor (DOL) Deputy Administrator Nancy Leppink has released the second Administrator Interpretation of 2010. The interpretation, issued June 16, clarifies the definition of “clothes” under the Fair Labor Standards Act (FLSA), addressing some […]
One of the key areas of concern for employers in the wage/hour arena is the misclassification of employees, says Marc Jacuzzi, Esq. of Simpson, Garrity, Innes and Jacuzzi, PC, in South San Francisco.
On June 14, the U.S. Departments of Health and Human Services (HHS), Labor, and Treasury issued new regulations addressing grandfathered plans under health care reform and how such plans can keep their grandfathered status. Although the new health care reform legislation (the Patient Protection and Affordable Care Act and the Health Care and Education Affordability […]
Wage-and-hour rules have been around for nearly three-quarters of a century—ever since FDR’s New Deal—so it’s hard to picture them triggering the next wave of employment litigation, but attorney Marc Jacuzzi, Esq. thinks otherwise.
In court, an inadequate or inaccurate performance evaluation can be used against you with devastating results. Many’s the company that has fired for poor performance and then found out—too late—that its appraisal documents didn’t support the defense. We often don’t think of appraisals as legal challenges, but they often figure prominently in lawsuits. Juries tend […]
“Some HR managers keep 40 or more stats, virtually all uninteresting to their company’s executives,” says attorney James P. Greene, Esq. of the law firm Dykema Gossett, PLLC.