19

Jun

2018

Use of Employee Personal Devices for Work

Author: Michael Burns

Allowing employees to use their own personal electronic devices for doing work presents compliance concerns. From the human resources compliance perspective, employers’ concern is often focused on non-exempt employees being paid legally for working off the clock by responding to emails, texts, and phone calls after hours. Other compliance concerns include performance management, discrimination, harassment, privacy, and safety.

19

Jun

2018

Employees Taking Revenge on Each Other?

Author: Heather Nezich

Remember The Office episode where Jim puts Dwight’s stapler in Jello?  Well, apparently workers taking revenge on each other happens in real life too.

 

19

Jun

2018

Multimedia and Bot Recruitment can Lead to EEOC Charges

Author: Anthony Kaylin

Employers have to be mindful of their recruitment activities, especially when utilizing social media platforms or bots.  With respect to multimedia litigation, it may become the new bane to recruitment, said Ifeoma Ajunwa, a lawyer and sociologist who teaches at Cornell University’s Industrial and Labor Relations School.   “The same types of discrimination issues that you would see in traditional hiring are now just being transferred over to the platforms,”...

12

Jun

2018

Get Your Employee Handbooks Out Again - NLRB GC Issues New Guidance on Rules/Policies

Author: Michael Burns

The National Labor Relations Board (NLRB) General Counsel continues to drive a stake into those radical rule changes handed down over the past ten years with a new memo outlining how rules will be interpreted as permissible or impermissible under the National Labor Relations Act (NLRA).

5

Jun

2018

Social Media Reveals FMLA Misuse

Author: Anthony Kaylin

Although employers are cautioned to tread social media lightly, it can be a useful tool to confirm an injury or illness when an employee is claiming disability and/or FMLA.

29

May

2018

DOL Wage and Hour Publishes Opinion Letters Giving Direction on Three FLSA Issues

Author: Michael Burns

The Wage and Hour Division of the U.S. Department of Labor (DOL) published three opinion letters earlier this month providing employers guidance on how to treat travel time, break time, and whether lump-sum payments can be garnished and to what extent.

29

May

2018

Has the New Tax Law Impacted Workers and Businesses?

Author: Anthony Kaylin

In December, Congress passed the Tax Cuts and Jobs Act, which was grudgingly signed into law by President Trump on December 22, 2017.  Upon passage a number of companies such as AT&T, Apple, Southwest Airlines, and Fifth Third Bank announced bonuses to be paid to employees ranging from $1,000 to $2,500.  Fifth Third Bank also increased its minimum wage to $15 per hour, while Wal-Mart hiked its minimum wage to $11 per hour.

22

May

2018

SCOTUS Rules Employers Can Continue To Use Class Action Waivers

Author: Michael Burns

In one of the most anticipated employment and labor law cases, the Supreme Court ruled in favor of arbitration class action waivers earlier this week (Epic Systems Corp. v Lewis 5/21/2018).  

22

May

2018

Be Careful How Job Qualifications are Written: ADEA Protects Applicants

Author: Anthony Kaylin

A question that has been pending for many years has been whether applicants, and not just employees, can avail themselves to the Age Discrimination in Employment Act (ADEA) disparate impact provisions. 

15

May

2018

What’s New at OFCCP?

Author: Anthony Kaylin

The Office of Federal Contractor Compliance Programs (OFCCP) is revamping its previous approach to contractor audits from a “gotcha” approach to a more cooperative approach.  Most recently, and as reported in EPTW, OFCCP has made the selection process more transparent by publishing the approach of establishing the list of contractors that would be subject to audit in the coming year. It is expected that OFCCP will schedule approximately 1,000 audits in Fiscal Year 2018,...

15

May

2018

Can You Rescind an Offer if a Background Check Finds Criminal Records?

Author: Susan Chance

You found an applicant for your open position, extended an offer, and received the results of the background verification. The report has items listed under the criminal or driving checks that you don’t like, so you decide to rescind the offer. That’s no problem because of the background check, right? Actually, that is very wrong and can put your company at risk for a lawsuit.

8

May

2018

More on Independent Contractor Status – California and Michigan

Author: Michael Burns

Last week California’s Supreme Court struck out, on its own direction, redefining what an independent contractor is in that state (Dynamex v. Superior Court of Los Angeles County). You might be wondering “what is so new about that?” After all, California typically finds a way to go out on its own perhaps thinking the rest of the country should or will follow them eventually.

1

May

2018

Must I Accommodate Overtime When Overtime is a Requirement for the Job?

Author: Anthony Kaylin

At times overtime is required in order to meet customer demand.  An HR issue can arise when an employee presents a doctor’s note stating that the employee can only work eight hours per day and no overtime.  Since ADA or FMLA may apply, how does the employer respond to this situation?

24

Apr

2018

OFCCP Releases Audit Scheduling List Process

Author: Anthony Kaylin

Last week was a fairly newsworthy week at the Office of Federal Contract Compliance Programs (OFCCP).  For federal contractors who long had to deal with the secrecy and “gotcha” attitude of the prior administration, the new administration is a sigh of relief.  

17

Apr

2018

U.S. Department of Justice Continues its Anti-Poaching Agreement Position

Author: Michael Burns

In January the U.S. Department of Justice (DOJ) announced it would pursue anti-poaching agreements as a violation of antitrust law.  The Assistant Attorney General for the Antitrust Division made it official last week by issuing an announcement about its case against several companies in violation of the law.  The DOJ announced it had filed a complaint against Knorr-Bremse AG, Westinghouse Air Brake Technologies Corporation, and Faiveley Transport for conspiring to not compete for...
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