Will Your Investigation Satisfy a Jury?
If you carry out misconduct investigations, how good should they be? As good as the jury thinks they should be, say today’s experts. And that better be pretty darn good, because juries expect a lot from HR.
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ACA Transitional Relief: What Employers Ought to Know
Leading employee benefits attorneys recently discussed rules on calculating workforces and identifying to whom the employer must make an offer of coverage. Vanessa Scott, a partner with Sutherland Asbill & Brennan, Washington, D.C., and Malcolm Slee, of Counsel at the Groom Law Group, Washington, D.C.,discussed the counting and measuring rules spawned by health care reform during […]
Overtime Exemption: It’s What You Do, Not What They Call You
By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently reversed a district court’s decision that an employee wasn’t exempt from overtime pay under the Fair Labor Standards Act (FLSA) because her primary duties weren’t related to […]
OSHA Regulatory Agenda for 2013 and Beyond
Even though your focus is HR rather than safety, you need to have a solid working knowledge of what OSHA and Cal/OSHA are up to. Here’s a general overview of what OSHA is focusing on this year.
A Busy Year for the California Legislature; And Now Employers Must Come Up to Speed
California lawmakers stayed busy throughout the year, passing a number of new wage, hour, leave and anti-discrimination laws. Here, in no particular order, are some of the biggies that go into effect Jan. 1: Pregnancy Disability Leave All employers with five or more employees will be required, starting Jan. 1, to continue to maintain and […]
South Carolina Court Says “No” To NLRB Posting Rule
By Richard J. Morgan For over 75 years, the National Labor Relations Board (NLRB) was one of a very few federal labor agencies that didn’t require employers to post a general notice of employee rights in the workplace. Yet, on December 22, 2010, the NLRB decided it would change its 75-year history. On that date, […]
EEOC lawsuits may change how employers handle sexual orientation issues
by Brent E. Siler The Equal Employment Opportunity Commission (EEOC) recently filed its first lawsuits alleging that discrimination based on sexual orientation is sex discrimination under Title VII of the Civil Rights Act of 1964. While the EEOC has successfully filed sex discrimination claims on behalf of LGBT employees in the past, the recent lawsuits […]
Private Sector Employers Weigh Supreme Court’s Ban on Nationwide Injunctions
The Supreme Court’s recent ruling in Trump v. CASA that banned federal district court judges from issuing nationwide injunctions was met with mixed feelings among employer groups. Some of the most well-known injunctions were sought by employers—against the Occupational Safety and Health Administration’s (OSHA) vaccine mandate, federal contractors’ minimum wage, certain expansive pregnancy regulations, and […]
Rightsizing’s Near- and Long-Term Costs
Last month, we published a guest E-pinion by Maurizio Morselli in which he talked about HR’s role in curing “fiscal decadence disorder” and ensuring that reductions in force don’t cut any deeper than necessary. His column generated some interesting feedback, which we share today. I like the article on HR’s role in curing the Fiscal […]
Kidding Around on the Job
As summer rolls on and TV reruns continue, I did like Michael Scott would do during an average workday: I turned my attention to surfing the Internet. I came across an article on the Wall Street Journal’s site entitled “Did You Hear the One About the Recession?” by Kayleen Schaefer. The article discusses how workplace […]