As the auto industry rebounds and unemployment continues to improve, you may be among those expanding your workforce with new hires. If so, now is the time to evaluate your processes to identify the best possible candidates while screening out those who may be problems waiting to happen.
The U.S. Supreme Court’s decisions in United States v. Windsor and Hollingsworth v. Perry will have profound cultural, political and social implications.
Employment litigation can be expensive and time-consuming. An employer’s success or failure in defending itself can turn on the law or the facts. Employers cannot do too much to change the law that applies to any given case.
Since early May, when the U.S. House of Representatives passed the Working Families Flexibility Act of 2013 (also called the “comp time” bill) by a narrow margin, many articles and blogs have opined on whether the proposed legislation would actually benefit employees by providing time off instead of overtime pay.
OSHA enforces more whistleblower laws than any other agency and has made whistleblower protection one of its principal goals
Managing employee leave and staying on the right side of the law is challenging for employers, especially as interpretations of laws change and evolve.
The National Labor Relations Board is an independent government agency charged with, among other things, investigating and resolving unfair labor practices.
According to the U.S. Bureau of Labor Statistics, 59 percent of American workers are paid an hourly wage. Many of these workers are employed by companies that offer little in the way of paid time off such as sick time, vacation or family leave.
Unpaid summer internships are routine for some businesses, especially those in creative fields such advertising, design, music, publishing and film — all areas that have flourished locally in recent years.
- Implementation Of Policies And Procedures Prohibiting Unlawful Discrimination, Harassment, And Retaliation6.19.13
The number of charges of discrimination and lawsuits being filed against employers has increased during the past several years. In addition, awards against employers for violations of antidiscrimination laws have also increased during this period.
Although simple and oftentimes overused, sports metaphors can provide insight to complicated topics.
In a case that could impact employers everywhere, Vance v. Ball State University, Docket No. 11-556, the U.S. Supreme Court is considering who qualifies as a supervisor pursuant to Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington Industries v. Ellerth, 524 U.S. 742 (1998). Or maybe not.
Discipline is essential for safety, but employers just aren’t doing it. This is a problem for several reasons, including the fact that without a record of disciplinary action, an employer might not be able to demonstrate to OSHA that it is operating an effective safety program.
In fiscal year 2012, 99,412 charges of discrimination were filed against employers, and the Equal Employment Opportunity Commission (EEOC) collected a record high of $365 million from employers.
An effective safety process requires consistent discipline to support other company safety efforts, but it doesn’t always happen.
If your workforce includes “contract employees,” “freelancers”, “casual workers”, or independent contractors by any other name you should seriously analyze whether such workers should be re-categorized as employees.
Mike Mitchell’s article “Dress Codes and Appearance Policies: Challenges Under Federal Legislation” was featured in Volume 32, Number 4 of The Health Care Manager.
As summer begins, many employers are now welcoming interns to their workplace. Typically, the summer internship is a mutually beneficial relationship for students and employers.
This time of year many employers are interviewing prospective candidates for summer internships - and perhaps feeling good about giving a young person who plans on entering the business world a chance to learn on the job.
In addition to myriad social, emotional, security and economic issues, the Boston Marathon bombings raised employment law implications for affected businesses and employees.
A recent survey conducted by the Society of Human Resources Management (SHRM) indicated that more than 90% of employers use criminal background checks to screen applicants or current employees.
There is a new trend in the workplace: the bring your own device (BYOD) program. An employer permits employees to use their own laptops, tablets, smartphones, etc. to connect to company servers and access company information.
Effective March 1, 2013, the Texas Supreme Court revised the Texas Rules of Civil Procedure by 1) allowing defendants, for the first time in Texas state court practice, to file the equivalent of a Federal Rule 12(b)(6) motion, and 2) providing an expedited trial procedure for cases involving less than $100,000 in controversy.
With social media sites at virtually every employee’s fingertips, libel via the internet is becoming much more prevalent.
In psychiatry, unlike other branches of medicine, there is no laboratory test that can confirm the existence of a particular mental disorder. Psychiatrists and other mental health professionals rely on the Diagnostic and Statistical Manual of Mental Disorders, known as "DSM-5" to diagnose patients.
Any time multiple employers are involved, labor and employment matters becomes much more complicated. The classic example is a construction site. OSHA refers to such settings as “multi-employer worksites.”
Beyond their obvious emotional impact, the marathon bombings have legal implications for businesses in the areas locked down after the explosions and during the ensuing manhunt. For the purposes of federal wage law, the bombings were no different than a blizzard, hurricane or other disaster.
On May 8, the U.S. House of Representatives passed the “Working Families Flexibility Act of 2013” (H.R. 1406) by a narrow vote of 223 to 204. The legislation would amend the federal Fair Labor Standards Act (“FLSA”) to permit private sector employers to offer “comp time” off in lieu of monetary overtime compensation.
Employers can expect the Occupational Safety and Health Administration to implement various regulatory initiatives this year that will significantly impact how employers, including construction companies, do business.
As the never-ending stream of the latest and greatest technologies come out, employers would be wise to consider whether or not to permit a Bring Your Own Device (BYOD) practice. With the ever-growing options in smartphones, tablets, and other personal computing devices, many employees are choosing to shed corporate-issued devices in favor of their own cutting-edge technology for both work and personal purposes.
Business owners who include arbitration agreements in employee contracts can head off potentially damaging publicity should an employee’s tenure end bitterly and result in litigation.
Employment litigation is costly and disruptive, and when a single complaint turns into a class or collective action, the stakes go up exponentially. With its recent ruling in Comcast v. Behrend, the U.S. Supreme Court provided another line of defense against class certification.
In Farmer v. The Phillips Agency, the U.S. District Court for the Northern District of Georgia denied a plaintiff's motion to certify a class action, under the Fair Credit Reporting Act, consisting of all individuals who had been the subject of an adverse criminal-background report, whether accurate or inaccurate, generated by defendant The Phillips Agency.
Attorney Howard Mavity Discusses Leading and Lagging Indicators and OSHA
Quoted: “Survey Offers a Glimpse Into the Safety Culture of General Contractors”
Many viewed last November’s presidential election as a pivotal moment for employers. The Affordable Care Act (ACA), comprehensive immigration reform and the future makeup of the U.S. Supreme Court hung in the balance.
- The Threat Within: Protecting Your Dental Practice From Unfair Competition By Former Employees: Part II4.10.13
Part 1 of "The Threat Within" addressed the best preventive steps a dental practice should take to prepare for an employee's departure when that employee seeks to compete with the practice. This article examines what steps to take right after an employee comes into a practice administrator's office and says, "I'm leaving and I'm going to the practice three blocks away."
November’s presidential election made it clear that the Affordable Care Act would, indeed, be the law of the land. Early the day after the election, phones at our law office started ringing. The question on callers’ minds: Should my company “play” by providing employees “affordable” health insurance coverage, or should we pay the penalty of $2,000 per employee per year beginning in 2014?
The Equal Employment Opportunity Commission (EEOC) recently issued Enforcement Guidance (Guidance) on arrest and conviction records in employment decisions. Employers need to revise their use of criminal background checks in light of this Guidance.
Some employers encourage piercings, tattoos and rainbow hair colors, believing that an employee’s self-expression is good for morale and good for business.
In Farmer v. The Phillips Agency, 285 F.R.D. 685 (N.D. Ga. 2012), the U.S. District Court for the Northern District of Georgia denied a plaintiff's motion to certify a class action under the Fair Credit Reporting Act (FCRA) consisting of all individuals who had been the subject of an adverse criminal background report, whether accurate or inaccurate, generated by the defendant, The Phillips Agency.