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The definition of “joint employment” may be heading for another turnaround. Legislation introduced in Congress on July 27 takes aim at a 2015 National Labor Relations Board (NLRB) decision that raised the ire of many in the business community, especially employers that work with franchisees, contractors, and staffing agencies. The NLRB’s 2015 Browning-Ferris decision broadened […]
The U.S. Department of Health and Human Services, Office for Civil Rights (OCR), has announced the first Health Insurance Portability and Accountability Act (HIPAA) settlement based on the untimely reporting of a breach of unsecured protected health information (PHI).
By Fréderic Parisien A Canadian employee may claim that his or her employment is constructively dismissed when his or her employer makes a unilateral change to a fundamental term or condition of employment without appropriate notice. What about a change in the employer with no other change? Surely that can’t be a constructive dismissal. Apparently […]
by Robert M. Vercruysse In February 2014, the National Labor Relations Board (NLRB) once again announced that it was going to change the rules for Board-conducted elections. This time, there is a properly appointed five-member NLRB. The Board’s previous attempt to change the election rules failed because the courts held that it didn’t have a […]
Effective training enables your organization to comply with all legal requirements, thereby avoiding costly lawsuits, audits, and fines. Discrimination Because the affirmative defense for sexual harassment has been extended to other forms of discrimination, it is important to provide more specific and varied training on discrimination. The regulations that apply include: Age Discrimination in Employment […]
More and more workplaces are offering some form of flexibility in terms of where an employee works. Some organizations have even developed a 100% “virtual” workforce—having no central offices where employees gather and instead allowing all employees to work from home or wherever they happen to be. Other employers have chosen to allow more flexibility […]
If you’re anything like me, you’re sick of hearing about the whole Jerry Sandusky/Penn State sex abuse case. Sick of it, first and foremost, because the thought of what Sandusky allegedly did to those young boys, and the evidence appears overwhelming, is enough to make you physically ill. And sick of it because the 24-hour […]
by Philip Bruce Whether you have an established wellness program or are considering implementing a new one, now is a great time to review your wellness plan. Employees who are determined to lose weight for bathing suit season, quit smoking, or otherwise live a healthier lifestyle may be more inclined to take advantage of your […]
Effland, a shareholder at the Indianapolis office of Ogletree Deakins PC, says that USERRA (Uniformed Services Employment and Reemployment Rights Act) offers two essential rights, the right to take leave, and the right to return. The basics of the law are: Coverage: Virtually all employers, regardless of the number of employees. Eligibility: Virtually all employees […]
Today, even as the economy improves and unemployment decreases, companies find themselves in the perplexing and frustrating position of being unable to fill roles with qualified individuals, despite large numbers of available applicants. Is it a simple compensation problem?