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Employment Lawyer’s Thoughts on How Businesses Can Remain Union-Free: Part 2

by D. Michael Henthorne In this second part of a two-part series, I examine the unusual figurative relationship between union-free policy statements, the human nature of employees and employers, and a neglected utility closet. In the first article, I described a large utility closet located on the carport adjacent to my house. Once an ideal […]

California Governor Vetoes Parental Leave Bill

California’s governor vetoed a bill September 30 that would have granted 6 weeks of “parental leave” to some employees in the state. Governor Jerry Brown (D) said in a letter to lawmakers that he was particularly concerned about the impact the law would have on small businesses.

6th Circuit Vacates Ruling That Telecommuting Is Reasonable Accommodation

A federal appeals court has vacated and agreed to rehear a recent opinion in which it held that permission to work from home can be a reasonable accommodation required by the Americans with Disabilities Act. In the now-vacated ruling, the 6th U.S. Circuit Court of Appeals departed from its precedent that “attendance” is almost always […]

Do Your Employees Know How to Stay Safe in Cold Conditions?

The material in this issue is adapted from BLR®’s audio PowerPoint® presentation on “Working in Cold Conditions.” One effective way to begin training sessions is to impress upon trainees why this particular training topic is so serious. Here’s some information about the dangers of working in the cold to give your trainees: Hypothermia is a […]

Discrimination: Who is Protected by the Anit-Discrimination Laws?

Could you help me with a definition of race and color as it relates to discrimination? We’re trying to sort out our diversity and discrimination policies. We’re not clear on the distinction between race and color discrimination, and we’re not clear if the laws apply just to the stated categories, like black, white, Hispanic, etc., […]

Browning-Ferris reversal calls end to uncertainty on joint employment

Employers confused over what constitutes joint employment have seen the confusion largely cleared up, thanks to a National Labor Relations Board (NLRB) decision issued December 14. The 3-2 decision overrules the Browning-Ferris decision, which broadened what could be considered a joint employment relationship. Under the Browning-Ferris decision, employers that had indirect—even potential—unexercised control over employees […]

Communicating Healthcare Benefits Isn’t Easy, But It’s Essential

One of the most difficult communication challenges for Human Resources professionals is explaining healthcare benefits.  With healthcare options consistently changing and the list of medical acronyms forever expanding, it’s no wonder developing these communications can be frustrating. Yet, employees need help understanding the issues, which is why developing a strong healthcare benefits communications effort is […]

OFCCP issues checklist on disability employment requirements

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has published a checklist designed to help contractors analyze whether their affirmative action plans meet the government’s requirements for ensuring employment opportunities for people with disabilities. The checklist is designed to help federal contractors meet the requirements of Section 503 of the […]

COVID-19 Benching: H-1Bs Can’t Sit This One Out

The ongoing COVID-19 pandemic continues to complicate how employers approach temporary layoffs and furloughs spawned by lost revenues and reduced demands for their services. As if navigating the employment-based immigration laws weren’t complicated enough, now employers must balance implementing cost-saving measures with their federal obligations to employer-sponsored migrant workers.