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New guidance shifts federal policy on religious liberty in employment

New guidance from Attorney General Jeff Sessions on religious liberty in employment “signals a shift in federal employment law and policy,” according to an attorney who focuses on employment law. Sessions issued the new guidance to all administrative agencies and executive departments on October 6. It identifies 20 principles that administrative agencies and executive departments […]

SBT Reader Offers Clever Response

Last week, we shared an SBT reader’s suggestion about what to ask a job applicant. The reader suggested asking, “What’s your favorite fish?”  The interview question is meant to stump the candidate. “Anyone who doesn’t stop and think about the question, but simply comes up with something, may be someone who often jumps to conclusions […]

7th Circuit: Pharmacy Reps Exempt from FLSA as “Administrative Employees”

Although the Supreme Court will soon decide whether pharmaceutical sales representatives (PSRs) may qualify for the Fair Labor Standards Act’s “outside sales” exemption from overtime pay, the 7th U.S. Circuit Court of Appeals ruled in early May that PSRs could be exempt from the FLSA under the law’s “administrative exemption” (Schaefer La-Rose v. Eli Lilly […]

New Tennessee law allows guns in trunks at work

by Kara E. Shea A new Tennessee law clearing up two years of confusion related to whether employers can enforce no-weapons policies goes into effect July 1. Gun-rights advocates have prevailed. The new law prohibits employers from firing employees for complying with Tennessee’s “guns in trunks” statute, which was passed in 2013. That law states […]

Court Rejects EEOC Guidance on Employee Alcohol Testing

An employer’s random alcohol testing of probationary employees did not violate the Americans with Disabilities Act, despite federal agency guidance to the contrary, a federal district court has ruled (Equal Employment Opportunity Commission v. United States Steel Corp., No. 10–12 (W.D. Penn. Feb. 20, 2013)). EEOC sued on behalf of a class of employees, arguing […]

Deterring Intermittent FMLA Leave Abuse

by Susan M. Webman and Burton F. Fishman of Fortney & Scott, LLC The new Family and Medical Leave Act (FMLA) regulations, while not a panacea for the long-standing problem of employees using FMLA rights as an excuse to take leave on an intermittent and, at times, seemingly irrational basis, do offer some help in […]

referral

The Challenge with Internal Candidate Referrals

With the unemployment rate at historic lows, companies are often finding themselves struggling to fill key positions with qualified talent, and they have implemented a number of strategies to help fill the void.

Ask the Trainer: Reinforcement and Recognition

A: Content and delivery are not necessarily to blame when training fails to drive long-lasting behavioral change. More often, the blame rests with a lack of reinforcement back on the job, says Mike Ryan, senior vice president of Marketing and Strategy for Madison Performance Group (MadisonPG.com). “Training is a key business imperative, but the long-term […]

‘Above All, Try Something’

By BLR Founder and CEO Bob Brady Bob Brady finds the balance between two seemingly conflicting pieces of advice—”Avoid mistakes” and “Try something”—and admits to a few mistakes of his own. In the last couple of days I’ve come across two contrasting, intriguing quotes. One, from Franklin Roosevelt when he was facing the grave economic […]

NLRB Recess Appointments Draw Fire

President Barack Obama’s decision to use recess appointments to keep the National Labor Relations Board (NLRB) from losing its quorum has ignited a firestorm of opposition among lawmakers and business groups. Obama announced his intent on January 4 to use recess appointments to fill three open NLRB seats. The Board, which is supposed to have […]