The Equal Employment Opportunity Commission (EEOC) has the authority to investigate charges of discrimination against employers who are covered by the law. (The agency's) role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding. — An EEOC overview statement from its website says.
As social media continues to pervade our lives, companies have begun creating labor and employment policies placing restrictions on employees’ use of social media.
- Employers Beware: The NLRB Is Expanding Employee Rights By Declaring Many Typical Workplace Rules Unlawful10.26.12
Ever since the National Labor Relations Act ("Act") was passed in 1935, employees have had the right to engage in "protected concerted activity" ("PCA") for their mutual aid and protection.
Society of Human Resource Management studies show that 53 percent of job applicants lie on their resumes. Other research has placed the number at between 30 percent and 50 percent, with one 2011 study saying that 80 percent of resumes are, at a minimum, “misleading.”
A recent shooting-death at a business in Minneapolis serves as a somber reminder to employers of the perils of workplace violence.
Over the past few years, private sector union membership rates have hit an all-time low.
With a presidential election on the horizon, everyone seems to have strong opinions about the candidates and issues. Inevitably, these opinions come up during conversations in the workplace. Not only could such conversations disrupt the workplace, but employers and employees could put themselves at legal risk if they don't fully understand the laws that govern political speech at work.
While many employers move jobs overseas in an effort to cut costs, other employers have added foreign employees in an effort to create an international presence or get to a toehold in another market.
As we draw closer to Election Day, candidates for office – and their supporters – are ready to ratchet up the intensity of their campaigns and messages.
As important national and local elections approach, confusion sometimes develops over just how freely employees can speak out at work in support of their favorite candidate or issue.
- Iskanian Ruling Significantly Improves The Enforceability of Class-Action Waivers Under California Law9.12.12
On June 4 the California 2nd District Court of Appeal issued a ruling that significantly affects wage-and-hour class actions in the state. In Iskanian v. CLS Transportation Los Angeles 2012 WL 1979266 (Cal. Ct. App., 2d Dist., Div. 2 June 4, 2012), the plaintiff worked as a driver for the defendant CLS from March 2004 to August 2005.
For several years, we have encouraged employers to move away from safety management programs that primarily track the program's effectiveness based upon recordable injuries and utilize monetary incentive programs based in whole or in part on the number of recordable workplace injuries and illnesses experienced by an employee or group of employees.
The Occupational Safety & Health Administration (OSHA) expects employers to adhere to consensus standards even in the face of disruption because of a hurricane or other severe weather.
Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position.
Given the advent of social media, it is not surprising most employers review the content of social networking sites as part of the hiring process.
With health care reform upheld by the U.S. Supreme Court, there is a renewed interest in upcoming compliance issues. The prudent employer would start focusing on immediate compliance issues and planning for those that become effective on Jan. 1, 2014.
Recently, employment law concerns facing Texas employers have included issues such as a new gun law that allows employees to bring firearms to work, and immigration landmines in which employers face steep sanctions if they hire undocumented workers.
This election year, it seems everyone has strong opinions about the candidates and issues. Inevitably, these opinions will come up during conversations in the workplace.
The time has come to consider the long-term impact of the Medicare Secondary Payer Act on workers' compensation claims. Five years ago, Medicare reinvigorated its focus on the Secondary Payer Act by imposing reporting requirements under Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007, which first became effective May 1, 2009.
Most experienced human resources (HR) professionals know and follow an old adage when applying policies and making employment decisions: Follow established company policies consistently.
Most articles about sexual harassment allegations in the workplace focus on completely unwanted advances, comments, or other such behaviors. But sexual harassment in the workplace can also result from fractured office romances, greatly complicating the issue. Fortunately, there are steps a company can take to minimize the risks of such an outcome.
With health care reform approved by the nation's highest court, it is time for employers to get back to work on reform-based compliance.
While the Olympic Games mean medals for American athletes, they also may present Olympic-size headaches for American employers. Many of the Olympics’ premier events and finals – being streamed live – occur during the daytime hours in the United Sates, when many employees are on the job.
Changing rules for home-care workers could backfire. Proposals could do harm to clients and to companions.
Wellness programs have become the rage as employers and policy-makers search for ways to curb relentless medical inflation. But even as new laws give employers flexibility to design wellness programs, traps remain.
Employers are adopting creative work schedules to encourage employees to stay put now that the job market is opening up. But in doing so, employers may not be paying sufficient attention to the compliance implications of wage payment laws that may affect these arrangements.
In an effort to persuade employers to substantially curtail the use of applicants' criminal backgrounds in the hiring process, the Equal Opportunity Commission (EEOC) issued an enforcement guidance on April 25 calling into question an employment screening technique used by the vast majority of employers in the United States.
The court battle over the Patient Protection and Affordable Care Act (ACA) is over. The US Supreme Court says the law is valid. Whether you agree or not, it is now time for businesses to start getting ready for what this means.
Several recent news reports have criticized companies that have taken advantage of the option - unique to Texas - of opting out of the state workers' compensation system (or "nonsubscribing") and providing their own benefits plan for injured employees.
Recently, the Illinois legislature passed House Bill 3782, which amended the Illinois Right to Privacy in the Workplace Act. The bill aims to prevent employers from asking job applicants or employees for access to their personal social networking accounts.
Despite cost and environmental reasons to reduce paper use, the completely paperless office has yet to arrive. According to research firm IDC, U.S. companies printed 1.5 trillion pages as recently as 2007. So what's the hold-up? More often than not the answer is the law.
- The Four Key Supreme Court Rulings on Arizona's Immigration Law and What They Mean for South Carolina6.29.12
On June 25, 2012, the United States Supreme Court again reviewed Arizona's efforts to address illegal immigration within its borders. In 2011, the Supreme Court upheld challenged portions of Arizona's Legal Arizona Worker Act which made it mandatory to use E-Verify to verify employment eligibility.
There is no question that tattoos, body piercings and other forms of self-expression have become commonplace in modern society, especially amongst Generation X. As a result, employers have to deal with these issues in the workplace, even in offices that traditionally have had conservative dress and appearance expectations such as medical offices
On April 20, 2012 the U.S. Equal Employment Opportunity Commission issued a decision ruling applicable to federal-agency employees that an employee can pursue a complaint of discrimination based on "gender identity, change of sex, and/or transgender status."
The obesity epidemic in the United States may be responsible for the emergence of a new trend in long term care staffing, and it appears to be spurring the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) into action.
Hotels consistently struggle with the inability to discipline and terminate poor performers due to legal and/or business considerations. Concerns over potential litigation, costs surrounding searching for and training a new employee and the unknown of how a future employee may acclimate into the work environment hinder a hotel's operations and adversely affect its employee relations by keeping employees who decrease production and negatively impact employee morale.
Social media has found its niche when it comes to restaurant marketing. From Facebook, to Twitter, to Yelp, restaurants and their employees use these sites to engage with customers. But is the monitoring of employee social media accounts the right thing for employers to do?
As the burden of ever-increasing regulatory and administrative costs hinders job growth and company viability, recent news stories have sharply criticized Texas employers that elect not to carry workers' compensation insurance.