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Duty to Bargain Extends to Immigration Compliance

An employer should have bargained with a union over the effects of its decision to require employees to complete new I-9 forms, a National Labor Relations Board (NLRB) administrative law judge (ALJ) recently ruled. The decision serves as a reminder of the broad scope of the duty to bargain under the National Labor Relations Act […]

Results for the 2015–2016 Holiday Survey

In yesterday’s Advisor, we looked at some of the results of BLR’s 2015–2016 Holiday Survey. Today we’ll look at the rest of those results. Deck the Halls If their holiday decorations were within reason, 69.9% of survey participants allowed employees to display them. Another 20.4% allowed employees to display whatever they wanted. Display of nonreligious […]

How Loyal Are Your Employees? Here’s a Test

By Jennifer Carsen, JD, Senior Legal Editor If you’re looking for an engaging and inspirational nonfiction read, I can heartily recommend We Are Market Basket, by journalists Daniel Korschun and Grant Welker. I’ve written about the gripping (yes, really!) supermarket saga before, but if you’re not familiar with the details, here’s a quick recap:

Blurred lines: Managers may have right to bargain collectively

by Valérie Gareau-Dalpé In several jurisdictions across Canada, the issue of unionization of managers and supervisors is a thorny one. In many cases, unionization is restricted to “employees,” a definition from which managers are excluded. In the province of Québec, the exclusion is based partly on the potential for conflicts of interest in having managers […]

Mississippi

Mississippi Employer’s Inconsistent Discipline Warrants Jury Trial on ADA, ADEA Claims

A federal trial court in Aberdeen, Mississippi, recently declined to dismiss an employee’s wrongful termination claims under the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). The court found the employer’s distinction between the conduct of the terminated employee and similar misconduct by a younger nondisabled employee who wasn’t terminated […]

5 Questions Recruiters Should Never Ask

Many companies have outsourced some of their HR functions by hiring professional recruiters to identify and screen potential new hires. These recruiters can be valuable assets, as they specialize in this area of Human Resources, but they can also be a liability, as they are the first impression potential hires get of your company, and […]

Health Plan Surcharges Pose Litigation Risks for Employers

Many employers implement wellness programs into their employee health plan offers. Wellness programs have varying designs but commonly offer premium discounts to participants who are tobacco-free or achieve certain biometric thresholds encouraging healthy living (LDL cholesterol, glucose, blood pressure, BMI). Noncompliant programs have become a frequent target for employees’ lawyers, arguing certain designs violate nondiscrimination […]

FMLA Implications of the New FLSA Overtime Rule

By Peter Susser and George Wood, Littler Mendelson, P.C. You have spent weeks agonizing over the Department of Labor’s (DOL) new Fair Labor Standards Act (FLSA) overtime rule, ultimately determining that you will need to move a number of employees from exempt to nonexempt status to remain complaint. Feeling good about your work, you kick […]