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Supreme Court allows judicial review of EEOC conciliation efforts

The U.S. Supreme Court has handed employers at least a small victory by unanimously ruling that courts are allowed to review the Equal Employment Opportunity Commission’s (EEOC) conciliation efforts in discrimination cases. On April 29, the Court imposed moderate standards for the conciliation efforts the EEOC is required to make before it files a lawsuit […]

An Employment Lawyer’s Thoughts on How Businesses Can Remain Union-Free: Part 1

by D. Michael Henthorne I’ve been asked to address a group of nursing managers in one of South Carolina’s leading hospital systems on avoiding labor unions and recognizing union-organizing activities. Despite growing up the son of a Teamster (my father was a truck driver), for most of the last 29 years I have lived in […]

Can an Early Settlement Avert Collective Actions? (Maybe)

In Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court ruled that, at least in this case, action by the employer to offer a settlement “mooted” the collection action, says Brinkerhoff. (A case is “moot” when the issue has been resolved, and the case is no longer “live.”) Brinkerhoff, who is an associate in the […]

Tennessee legislation will amend THRA, TPPA

by David L. Johnson On May 13, the Tennessee General Assembly passed House Bill 1954/Senate Bill 2126, which will significantly amend the Tennessee Human Rights Act (THRA) and the Tennessee Public Protection Act (TPPA) in a manner favorable to employers. Governor Bill Haslam is expected to sign the bill later this month. Once signed, it […]

How to Use Myers Briggs for Successful Recruiting Practices

Yesterday’s post covered how to use the Myers Briggs Type Indicator® assessment for recruiting and developing leaders, and today’s post will highlight how you should use this tool for more general, successful recruiting practices.

Workplace Bullying Epidemic: On-The-Job Aggression Is A Growing Problem For Employers; What To Do About It

You’ve probably encountered one sometime or another. The supervisor who resorts to name-calling when dealing with subordinates. The worker who’s quick to blame others for mistakes. The manager who penalizes employees by excluding them from important meetings, removing them from routing lists or saddling them with menial work assignments. Although these workplace bullies may not […]

Terminating Employees: Employer Ordered To Pay $450,000 To Worker Fired For Defending Himself From Co-Worker’s Assault

Hector Escalante was a print machine operator at Wilson’s Art Studio Inc. in Orange County. One day without warning co-worker Ion Stanei allegedly attacked Escalante with a stick and hammer and threw a box of screws at him. As Escalante ran away, Stanei hurled another box of screws, hitting Escalante in the back. When Escalante […]

Human Resource Metrics: Connecting Human Resource Management with Organizational Performance and the Bottom Line

Executive Summary Human resource metrics are a must for every HR department Human resource management must align human resource metrics with the business metrics of their organization Human resource metrics should focus on results, not activities Human resource metrics have become a requirement for every modern HR department to show the organizational value of money […]

Are you using the new Form I-9?

by Elaine Young On March 8, U.S. Citizenship and Immigration Services (USCIS) released the long-awaited new Form I-9 and its accompanying M-274 employer handbook. Employers were required to start using the new form on March 8, but USCIS is allowing a 60-day grace period in which the old forms (dated 02/02/09 and 08/07/09) will be […]