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Virginia’s new worker privacy law takes effect July 1

by Stacey Rose Harris A new state law in Virginia aimed at increasing worker privacy takes effect July 1. It bars employers from being required to disclose to third parties current and former employees’ personally identifiable information except under certain circumstances. The law, House Bill 1931, says employers can’t be required to disclose the personally […]

States challenge EEOC guidance on criminal background checks

by Joshua Wood The Equal Employment Opportunity Commission (EEOC), the agency responsible for enforcing federal employment discrimination laws, periodically issues enforcement guidance to aid employers in complying with the laws it enforces. The guidance is usually published on the agency’s website at www.eeoc.gov and can be an indication of how the EEOC will interpret or […]

EBSA’s Lifetime Income Illustration: Some Question DOL Formula

The day after the U.S. Department of Labor’s Employee Benefits Security Administration issued a proposal outlining rules it is considering for lifetime income illustrations in pension benefit statements, retirement industry professionals applauded DOL’s effort but expressed concern about how realistic the proposal’s formulas are. In the recently released advance notice of proposed rulemaking, EBSA is […]

PEDs, iPhones, Payroll, Piracy—Perfect Storm?

PEDs—portable electronic devices such as laptops, PDAs, pocket drives, and memory cards—are in your office by the dozens. Are they putting confidential data at risk? Generating unexpected overtime? Destroying productivity? It’s time for a separate PED policy. First, courtesy of our sister newsletter, the Safety Daily Advisor, let’s consider the various laws that relate to […]

“You’ve got mail! And it just might be a warrant for your arrest”

You don’t have to try very hard these days to find employment law references in pop culture. Movies and TV shows examine issues of employment discrimination, politicians seem unable to resist the urge to text photos of their private parts to their disgusted subordinates, and professional athletes provide ample fodder for lawyers in desperate search […]

Calculating Overtime Using the Fluctuating Workweek Method

By Anne Torregrossa, JD, Brann & Isaacson When pondering wage and hour law, folks generally think in terms of “hourly” and “salaried” employees to distinguish between workers who are subject to the minimum wage and overtime requirements and those who aren’t. However, they are really talking about “nonexempt” and “exempt” employees under the Fair Labor […]

Situations and Actions that Predict Possible Violence

In yesterday’s Advisor, we shared OSHA’s take on workplace violence. Today, tips on spotting potentially violent situations from BLR®‘s 10-Minute HR Trainer. Be Alert to Work Situations that Could Potentially Lead to Violence People may be more likely to go over the edge into violent behavior at work when they: Are fired or laid off […]

Election Reflections from Dozens of Employment Law Attorneys

Tuesday’s election brought tremendous change to Congress and many state legislatures and swept in a number of new governors. Many of the promises made by these newly elected government officials will affect employers. Following the election, various members of the Employers Counsel Network took the time to provide their insight on the local and national […]

New NLRB website highlights “protected concerted activity”

by Tammy Binford The National Labor Relations Board (NLRB) is continuing efforts to broaden its impact on the workforce with the launch of a webpage aimed at communicating to workers how they can use the law in disputes with their employers. The webpage is the latest of several recent NLRB moves that many employers find […]