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Employers’ flu worries go beyond germs, attendance

Human Resources News - Wed, 01/17/2018 - 11:41

This year’s influenza outbreak has sickened millions of people across the country, leaving employers struggling to cover for employees who are out sick and searching for ways to prevent others from coming down with the flu. But dealing with germ control and sick days is only the beginning. Legal issues also can come into play. This season’s flu...

Time’s Up: I am woman, hear me roar

EntertainHR - Wed, 01/17/2018 - 10:04

“So I want all the girls watching here, now, to know that a new day is on the horizon! And when that new day finally dawns, it will be because of a lot of magnificent women, many of whom are right here in this room tonight, and some pretty phenomenal men, fighting hard to make […]

Categories: Blogs

Latest nomination expected to boost NLRB’s new agenda

Human Resources News - Wed, 01/17/2018 - 09:35

The announcement of President Donald Trump’s nominee for the vacant seat on the National Labor Relations Board (NLRB) is another sign that some controversial prolabor decisions of the Obama-era Board will be revised. John Ring, a management-side attorney with the Washington, D.C., office of prominent law firm Morgan, Lewis & Bockius LLP, was...

Sleep deprivation: Know whether it’s a performance problem or a disability

Diversity Insight - Sun, 01/14/2018 - 07:11

Employers striving for a diverse workforce take care not to discriminate against employees with a disability, but hidden disabilities can be tricky. Supervisors might think they’re dealing with performance problems when they really should be considering whether an employee has a disability protected by the Americans with Disabilities Act (ADA). ...

Categories: Blogs

Is there harm in asking? Questioning employees about their plans to retire

Diversity Insight - Sun, 01/14/2018 - 07:02

by Michele L. (Warnock) Brott Retirement decisions cannot be divorced from a person’s age. When asking questions about retirement, employers should be cognizant of age discrimination laws and the implications of making such inquiries.  Applicable laws Age discrimination is governed by both federal law and the laws in most states. The...

Categories: Blogs

Can they do that? Firing employees for off-duty conduct

Diversity Insight - Sun, 01/14/2018 - 06:55

by T. Harold Pinkley Participating in last year’s Unite the Right rally in Charlottesville, Virginia—an event that involved several groups usually identified as the “alt-right,” along with groups protesting the marchers—has proven to have unforeseen and unintended consequences, including job loss, for some of the people...

Categories: Blogs

DOJ reverses course on Title VII protections for transgender persons

Diversity Insight - Sun, 01/14/2018 - 06:54

by Angela N. Johnson On October 4, 2017, U.S. Attorney General Jeff Sessions issued a memorandum announcing the U.S. Justice Department’s (DOJ) new stance that transgender employees aren’t protected from discrimination under federal law. The announcement reflects a reversal from the Obama administration’s interpretation of the law...

Categories: Blogs

Discrimination against breastfeeding employee leads to jury verdict

Diversity Insight - Sun, 01/14/2018 - 06:48

by Rozlyn Fulgoni-Britton With the passage of the Affordable Care Act (ACA), federal law required employers with more than 50 employees to provide breastfeeding employees a private location, other than a toilet stall, where they can express breastmilk in privacya. And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination...

Categories: Blogs

Maryland paid sick leave law takes effect February 2018

Human Resources News - Fri, 01/12/2018 - 14:22

by David. M Stevens On January 12, 2018, following nearly a year of speculation in the wake of Governor Larry Hogan’s veto of the paid sick leave bill passed by the Maryland General Assembly near the close of last year’s legislative session, the General Assembly and the Senate have overridden the governor’s veto. The Maryland Healthy Working...

DOL’s reissuance of 17 opinion letters called step in right direction

Human Resources News - Thu, 01/11/2018 - 08:25

The U.S. Department of Labor’s (DOL) decision to reissue 17 opinion letters first issued during the George W. Bush administration is a welcome move and “a step in the right direction,” according to an attorney who represents employers. On January 5, the DOL announced that it was reissuing the opinion letters. The move follows the DOL’s...

NLRB discards Obama-era decisions

Employer Law Report - Wed, 01/10/2018 - 11:03

By Jourdan Day After Republicans regained control of the majority seats on the National Labor Relations Board (NLRB or the board) for the first time in nearly nine years, the majority has swiftly reset the board’s tone. Recently, the NLRB has been busy taking steps to undo some of the more labor and employee friendly standards and opinions that...

Categories: Porter Wright

New policy on internships puts DOL, courts on same page

Human Resources News - Tue, 01/09/2018 - 15:08

The U.S. Department of Labor’s (DOL) announcement that it is nixing its 2010 guidance on unpaid internships in favor of a less-rigid test puts the agency in line with recent appellate court rulings on the issue, according to an attorney following the matter. Matthew H. Parker, an editor of Rhode Island Employment Law Letter and attorney with...

Administration disavows proposal to limit all H-1Bs to six years

Employer Law Report - Tue, 01/09/2018 - 12:46

By Rob Cohen On Dec. 30, 2017 McClatchy News reported that USCIS was considering an interpretation of a provision in the American Competitiveness in the Twenty First Century Act that would restrict H-1B visas from extensions beyond six years. This story provoked a fire storm of panic among Indian H-1B visa holders who have been waiting for an...

Categories: Porter Wright

Catch-22 on marijuana laws continues with new Justice Department policy

Human Resources News - Fri, 01/05/2018 - 13:25

U.S. Attorney General Jeff Sessions’ action rescinding an Obama administration policy on marijuana enforcement may signal a tougher stance against the substance, but it isn’t expected to have a major impact on employers. On January 4, Sessions rescinded the “Cole memo,” which was issued by then-Deputy Attorney General James Cole in 2013....

D.C. Federal Judge vacates the EEOC’s Workplace Wellness Program Rules, effective Jan. 1, 2019

Employer Law Report - Thu, 01/04/2018 - 10:42

By Jamie LaPlante On Dec. 20, 2017, a D.C. federal judge held that the Equal Employment Opportunity Commission (EEOC)’s workplace wellness program rules – which permit employers to incentivize employees who participate in workplace wellness programs—will be vacated on Jan. 1, 2019. The judge held that the EEOC failed to provide a reasoned...

Categories: Porter Wright

Minimum wage is now $10.50 in Arizona, $11 in Flagstaff

Human Resources News - Tue, 01/02/2018 - 15:15

by Dinita L. James Gonzalez Law, LLC The second of four annual increases in Arizona’s minimum wage kicked in at midnight on January 1, 2018, boosting the base rate from $10 to $10.50. Voters gave themselves the raise and paid sick time when they adopted Proposition 206, the Fair Wages and Healthy Families Act, in November 2016. Flagstaff voters...

Tax reform raises questions on employee classification

Human Resources News - Wed, 12/27/2017 - 13:47

Now that President Donald Trump has signed the bill overhauling the U.S. tax code, employers are on a tight timetable to react to the new law before the bulk of it takes effect on January 1, 2018. Besides requiring employers to deal with new payroll forms (including the IRS’s W-4) and other changes, the new law sparks many other questions for...

NLRB establishes new standard for evaluating employee handbook policies

Employer Law Report - Wed, 12/27/2017 - 08:57

By Brian Hall The new Republican-led National Labor Relations Board (NLRB) has wasted little time in reconsidering decisions made during the Obama Administration. In its Boeing, Inc., decision, announced on Thursday, Dec. 14, 2017, the board overturned its Lutheran Heritage Village-Livonia decision that has guided its evaluation of employee...

Categories: Porter Wright

Latest NLRB reversal takes aim at ‘microunits’

Human Resources News - Tue, 12/19/2017 - 14:43

The latest National Labor Relations Board (NLRB) decision reversing actions by the Obama-era Board hands employers a win against an organizing tactic that gave unions the upper hand in determining what constitutes an appropriate bargaining unit. As was the case with other mid-December decisions, the Board turned the old standard into the new...

‘Royal’ additions: handling HR issues that arise due to marriage and childbirth

EntertainHR - Mon, 12/18/2017 - 11:26

I admit that, like many Americans, I am fascinated with the lives of the British royal family. That is especially true with respect to Charles and Di’s two young princes. I enjoy hearing news about Prince Williams’ adorable family, and I was excited to hear about Prince Harry and Meghan Markle’s recent engagement. In fact, […]

Categories: Blogs
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