legal issues

Your Agency Temps Can Now Form A Bargaining Unit With Your Own Employees

Your Agency Temps Can Now Form A Bargaining Unit With Your Own Employees

Over the last seven+ years, the National Labor Relations Board has consistently expanded collective bargaining rights in a variety of employment settings. Continuing that trend, the NLRB has now reversed over a decade of precedent and ruled that temporary employees supplied by one company (“supplier employer”) to another company (“user employer”) to perform…

The 3 Biggest Compliance Worries You Should Be Worrying About

EEOC action wories from Litter survey

I came across Littler Mendelson’s Executive Employer Survey Report, which “examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from 844 in-house counsel, human resources professionals and C-suite executives from a range of industries.” What has respondents losing sleep at night? From the executive…

With So Many Paid Leave Laws, How Do You Know What Applies?

maze legal confusion concept

Let’s face it: The national conversation on paid leave has changed. Looking back even one year ago, news outlets were mainly focused on decrying the state of the unpaid sick and parental leave protections offered in the U.S., as compared to other developed countries. That reality is rapidly changing. A number of states…

EEOC Settles First Sexual Orientation Lawsuit

EEOC Settles First Sexual Orientation Lawsuit

In early March, the U.S. Equal Employment Opportunity Commission filed its first lawsuits, in which it alleged that employer had violated Title VII by discriminating based on sexual orientation. Late last week, one of those lawsuits settled. (A second, against Scott Medical Health Center, is pending.) Dani Kass from Law360 reports here that the EEOC…

Few Give Their Policy Management System Passing Grades

Few Give Their Policy Management System Passing Grades

The days of organizations conducting policy management through spreadsheets, email and generic document-sharing platforms aren’t over yet. But they probably should be. Because policy management is often a shared responsibility among many departments and affects all employees, the performance and compliance downsides of outdated policy management systems can infect entire organizations. And policy…

Why You Might Want Exempt Employees to Keep Timecards

timecard

Management need not keep hours-worked records for employees who qualify for one of the federal Fair Labor Standards Act’s Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions. Of course, employers may nevertheless maintain those records for such employees if they wish, and some do. However, one aspect of the U.S. Labor Department’s…

Training Has Little Effect On Workplace Sex Harassment

sexual harassment

Despite 30 years of training and sensitivity sessions since the U.S. Supreme Court first said sexual harassment is discrimination,  workplace harassment has come to dominate the charges brought to the EEOC by private sector and state and government employees. A report released today by the chairs of a task force of the Equal…

How a Good Job Description Helped An Employer Win

How a Good Job Description Helped An Employer Win

Since all of you have mastered reasonable accommodations under the Americans with Disabilities Act, this post seems rather unnecessary. Oh, that’s weird. Why is there smoke billowing from my blog servers? Qualified individuals and essential job functions Under the Americans with Disabilities Act, an employer must make a reasonable accommodation to the known disability of a qualified individual if it would…

HR’s Role In Protecting Company Trade Secrets

HR’s Role In Protecting Company Trade Secrets

On May 11th, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into law. It is an amendment to the Economic Espionage Act and provides a new, federal court civil claim for acts of trade secret misappropriation that occur on or after May 11, 2016. Most states have statutes providing a…