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Employment Law

Providing References to Other Employers

12/19/2014

HR Law 101: Despite all the risks, providing other employers with references about your former employees is a good business practice. If you refused to provide references, eventually you would compromise your ability to find out about applicants you’re considering hiring …

Severance Pay

12/18/2014

HR Law 101: Severance policies are generally considered employee benefit plans entitled to ERISA protection, many courts have ruled. For employers, that means conforming to ERISA’s recordkeeping and disclosure requirements …

Accommodating Medical Marijuana

12/18/2014

HR Law 101: Currently, 23 states have legalized the use of medical marijuana. Whether employers in those states must accommodate legal medical marijuana use depends on how courts interpret state law.

Avoid OT issues: Ban off-the-clock work and automatic nightly time-clock resets

12/17/2014

If your business doesn’t operate 24/7, you probably shut down just about everything at some point during the night. If that shutdown includes resetting the time clocks to automatically clock out everyone, you may be courting a lawsuit.

NLRB clears way for ‘ambush’ union elections

12/16/2014
The National Labor Relations Board says a new final rule issued Dec. 12 will “streamline” union elections. Critics say the result will be “ambush elections” where voting happens so fast that employers stand little chance of persuading employees to reject union representation.

Promoting? Don’t factor in child care responsibilities

12/15/2014
A woman who was turned down for a promotion to a manager or an assistant manager postion in a pawn shop in Alabama claimed the employer discriminated against her because of her gender and child care responsibilities.

NLRB says employees can use company email to discuss pay, union organizing

12/15/2014

If your organization has a blanket policy that prohibits workers from using the organization’s email for personal matters, it’s time to revise it. The National Labor Relations Board ruled that employees have the right to use their employer’s email system (during off-duty time) to engage in legally protected communications, including discussing wages and even organizing a union.

Email/Internet Usage

12/15/2014

HR Law 101: Employers have any number of legitimate reasons to monitor employees’ email and Internet usage. Beyond personal productivity issues, you risk significant loss should an employee download a virus or other damaging software or engage in illegal activity conducted on company computers …

Occupational Safety and Health Act

12/15/2014

HR Law 101: The Occupational Safety and Health Act (OSHA) requires all employers to provide a safe and healthy workplace for their employees. Enacted in 1970, the law also mandates specific guidelines for certain industries and protects workers who file whistle-blower complaints about hazardous conditions in their companies …

COBRA: Employer Obligations

12/13/2014

HR Law 101: Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, employers are required to continue offering health insurance benefits to employees and their covered dependents for a specified period after they leave the organization …