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DOL Mulls Return to Obama-Era ‘Persuader’ Reporting Rule

In late April 2021, the U.S. Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) signaled its intent to revisit the “persuader rule,” an Obama-era regulation that imposed strict reporting requirements on employers facing union organization. Although the rule hasn’t yet been reinstated and will almost certainly face significant opposition, you should be aware of […]

Unwelcome encore: managing investigations to survive ensuing litigation

by Jeff Sloan The classic Yogi-ism―”It ain’t over ’til it’s over”―has special significance for employment investigations. An investigation can lead not only to discipline against a perpetrator but also to litigation by the victim―or even the perpetrator―against the investigator or the employer. In either of those unsavory situations, the investigator or HR manager may be […]

EntertainHR: What Love Island USA Teaches Us About Handling Discriminatory Language in the Workplace 

“Yulissa has left the villa.”   Two episodes into Season 7 of the Peacock dating series Love Island USA, contestant Yulissa Escobar was abruptly removed after podcast clips resurfaced of her using a racial slur.  Later in the season, contestant Cierra Ortega was similarly removed for what the series described as a “personal situation.” Fans quickly attributed […]

CEOs Need Another Kind of Workout: Building Their Empathy Muscle

The COVID-19 pandemic ushered in an era of more worker flexibility and more understanding shown to them by some employers. But as society returned to near normal, the empathetic trend waned. Many employees were commanded to come back to the office against their wishes, and millions joined the Great Resignation. Research shows some CEOs and […]

17 State Attorney Generals Sue to Stop EEOC’s Final PWFA Regulations

On April 25, 2024, attorneys general from 17 states filed a lawsuit in federal court against the Equal Employment Opportunity Commission (EEOC) seeking to stop the implementation of the Pregnant Workers Fairness Act’s (PWFA) final regulations, which were published on April 19, 2024. The 17 states include Tennessee, Arkansas, Alabama, Florida, Georgia, Idaho, Indiana, Iowa, […]

spaces

How to Design More Engaging Learning Spaces

With the growing popularity of e-learning platforms and remote work options, it’s easy to forget that informal and blended learning approaches are still on the rise in the modern-day workplace—but they are. And in 2019, you’ll want to know how to design learning spaces that are more appropriate for the modern-day learner.

Business School Revisited

Litigation Value: 33 million???? Typically, the workplace is not an appropriate location to practice “creative discipline.” Such “creativity” can be, and often is, misconstrued. Take, for example, Ryan. Michael was retaliating against him for making disparaging remarks about the company. Probably not illegal but easily could have been had Ryan engaged in an activity protected […]

Misclassification: DOL and IRS Declare War

Misclassification—calling individuals “independent contractors” or “volunteers” who properly should be employees—is a burgeoning legal battleground for HR managers. A recent 30-million-dollar suit on behalf of newspaper carriers is a good example of the stakes involved, says attorney Christine V. Walters. Walters, who is a consultant with the FiveL Company in Westminster, MD, offered her tips […]

Can You Always Avoid Hiring Troublemakers?

Alas, you probably won’t be able to avoid all troublemakers, but with diligent efforts you will avoid most of them. Yesterday’s Advisor began our discussion about how to avoid bad apples; today, more about background checks, and an introduction to the guide readers call the “FMLA Bible.” To avoid hiring troublemakers, do consistent, detailed reference […]

Load up on Loading Dock Safety Training for the Holidays

  It’s the most wonderful time of the year … for retailers and all of the other companies that feed into the holiday retail frenzy. This means that while the cash registers are buzzing in the front, the loading docks are buzzing in the back as well as at countless suppliers. Keep these areas—where workers, […]