Legal – Compliance & Policies

What Employers Can Expect In the First Days of the Trump Administration

There are many pieces of legislation or policy matters affecting the employee experience that are likely to be in flux during the first part of Mr. Trump’s presidency. At stake are the following five key topics: Changes to the Obama administration’s overtime rule. Modifying the Affordable Care Act. Changes to family medical leave….

Revelation! Unconscious Bias Hurts Your Hiring Results Across All Candidates

One of the primary reasons why increasing amounts of technology are entering the recruiting space is the recognition that recruiters and hiring managers harbor a great deal of unconscious bias, which has a negative impact on a firm’s recruiting results. I live in the Silicon Valley, where in an effort to increase diversity…

What You Don’t Know About Your Retirement Plan Could Sink You

The U.S. Department of Labor in August significantly increased its penalties for retirement plan sponsors who get caught making compliance errors before they correct them on their own. What previously might have only been a fine of a few hundred dollars through the DOL’s Voluntary Fiduciary Correction Program can instead result in penalties…

DOL Sues to Get Google Comp Info

Google is being sued by the U.S. Department of Labor for allegedly failing to turnover documents relating to compensation of employees at its Silicon Valley headquarters. The suit announced today charges that Google provided a September 1,  2015 “compensation snapshot,” but has refused to turnover other data the government wants, including job and…

Google Sued By OFCCP Over Comp Data

Google is being sued by the Department of Labor for allegedly failing to turnover documents relating to compensation of employees at its Silicon Valley headquarters. The suit announced today charges that Google provided a Sept. 1,  2015 “compensation snapshot,” but has refused to turnover other data the government wants, including job and salary…

U.S. Agencies Get New Rules About Disabilities

In the U.S., the government is out with new rules related to hiring people with disabilities, guidance that currently applies only to government agencies, not the private sector. The rules, among other things, require each federal agency to try to have 12 percent of its workforce be people with disabilities. While the new regulations…

What We Can Expect From the EEOC In 2017

In recent years, it has been difficult to predict with certainty what employers can expect from the Equal Employment Opportunity Commission (EEOC). While it is unlikely the agency will dramatically shift gears during the coming fiscal year, the following are some of the anticipated trends for fiscal year 2017. The EEOC will continue…

With the New Overtime Rule In Limbo, What Should You Do?

The Department of Labor’s (DOL) new overtime rule didn’t take effect on December 1 as many thought it would. Instead, it was temporarily blocked by a federal judge and subsequently appealed by the DOL. With the rule’s fate uncertain, employers find themselves asking, “Now what?” While some implemented salary changes and reclassified employees…

How HR Should Manage an Employee Going Through a Divorce

Approximately 90% of people in western cultures get married by the time they turn 50. In the U.S., nearly half of the couples end up getting a divorce. Yikes! If your company has a hundred employees, there’s a very good chance that you will deal with multiple employees that will go through a…

How Far Does HR Need to Go When A Worker Complains?

Bad things often happen when employees feel they have to resort to self-help… Retaliation lawsuits, for example. Tyshanna Nuness is our plaintiff in this case. Ms. Nuness alleges that she is a female African-American who worked for her former employer for about 14 months. During her employment, the plaintiff worked alongside a male Caucasian…

New U.S. Visa Rules Provide More Flexibility For Foreign Workers

The New Year will bring greater work authorization flexibility for foreign workers and their employers. U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security published Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers, a final rule that modernizes the U.S. immigration system to help…

Healthcare Costs and the Collision With Employee Rights

Observing that the U.S. healthcare has been rising at almost twice the rate of the national economy, Tim Coan told an audience of HR professionals, “This is simply not sustainable.” But the question is, ‘What have we done about it’.” Speaking at a DisruptHR meeting in Denver last year, Coan said it is…

How to Tell Workers They Won’t Be Getting Overtime

This spring, an estimated four million Americans became eligible for overtime pay, with a new overtime rule doubling the salary threshold to automatic time-and-a-half compensation from $23,660 to $47,476. Yet this rule is now in jeopardy, thanks to a federal judge ruling before Thanksgiving that the Department of Labor did not have the…

Zenefits Fined $7 Million By California Regulators

Zenefits, the freemium HR administration platform for small businesses, has been fined $7 million in a settlement reached with California’s insurance department. It’s the largest penalty so far assessed against the software startup, and one of the largest penalties ever levied by California insurance regulators. The state’s insurance department said half the penalty…

What Will Happen to Your Immigrant Workers Next Year

When it comes to immigration, we’ve all heard a lot of rhetoric regarding work visas, E-Verify, walls, and deportation. But what does the implementation of President-elect Trump’s 10 immigration goals mean for everyday workers and employers? There is one goal that will have enormous impacts on how human resource professionals will do their…

What a Trump Presidency Means for Recruiting and HR Professionals

The election of Donald Trump, to serve as the 45th President of the United States (as well as Republican majorities in both the Senate and the House) is likely to substantially shift federal workplace law, regulation, and enforcement priorities. At this point, it is impossible to predict exactly how particular laws will be…

What Happens When Employees Work Out of Their Car?

It was bound to happen. After years of introducing technologies designed to make your car feel more like a home, some automakers are ready to start converting your vehicle into an office. Indeed, two different auto-related companies have announced Microsoft partnerships this year that are specifically designed to help boost business productivity while…

Judge Suspends Overtime Rule

A federal district court judge issued an order Tuesday temporarily stopping new rules on overtime pay from taking effect. Beginning Dec. 1, employers would have had to pay overtime to an estimated 4 million salaried workers earning less than $913 a week. The U.S. Labor Department last spring raised the salary threshold for…