tag:blogger.com,1999:blog-56671827939372441132024-03-13T22:31:24.662-04:00HR HQDiscussions on real world examples that impact the HR professional.
Brought to you by the Labor and Employment Team at Hunter, Smith & Davis, LLPWilliam Godseyhttp://www.blogger.com/profile/01746221066390964911noreply@blogger.comBlogger164125tag:blogger.com,1999:blog-5667182793937244113.post-52711181531189172272014-06-23T15:57:00.000-04:002014-06-23T16:04:19.001-04:00That's Private? The Employee Online Privacy Act of 2014Are there any two words that don’t belong in the same
sentence more than “online” and “privacy”? Online activity, especially social media
posts, are by their nature intended for a broad audience. But that didn’t stop the Tennessee
legislature from passing the “Employee Online Privacy Act of 2014” which was
signed into law by Governor Haslam earlier this year.
This new law could have an Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-5353543013061614782014-03-17T17:05:00.002-04:002014-03-17T17:05:33.208-04:00Experience CountsEXPERIENCE COUNTS
Most of the employees I see coming to this country for professional jobs for my client employers want to become Lawful Permanent Resident, and, eventually, U. S. Citizens. It is their goal not only to work here, but also to “live the dream”. One of the first questions I get when filing for their L or H status is: “When can I get my ‘green card’?”
For non-immigrant workers, Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-73449070499917109182013-10-29T09:23:00.000-04:002013-11-01T08:39:14.859-04:00Senate To Consider Employment Non-Discrimination Act
On Monday, Senate Majority
Leader Harry Reid (D Nev.) said that the Senate
will consider the Employment Non-Discrimination Act (ENDA) before Thanksgiving. The ENDA has been introduced in Congress numerous times over the years, but to date, has failed to pass. If made law, the ENDA would
prohibit employers from discriminating against employees based on sexualJoseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com1tag:blogger.com,1999:blog-5667182793937244113.post-66868885305733937152012-05-03T08:39:00.003-04:002012-05-03T08:39:46.383-04:00Tennessee "Bring Your Gun to Work" Bill Fails to PassThe Tennessee Legislature adjourned on Tuesday without taking any action on a bill that would have allowed employees with a valid handgun carry permit to store a firearm in their employer's public access parking lot, provided it is in a locked vehicle and in a glove box or compartment not visible from outside the vehicle. At least for now, private employers may lawfully prohibit their Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com1tag:blogger.com,1999:blog-5667182793937244113.post-29224588484477719472012-04-17T13:50:00.001-04:002012-04-17T13:50:07.308-04:00D.C. Court of Appeals Issues Injunction Against NLRB Notice Posting RuleToday, a three-judge panel of the United States Court of Appeals for D.C. issued an injunction against implementation of the NLRB's new rule requiring employers to post a notice regarding employee rights under the National Labor Relations Act. The NLRB's Notice Posting Rule was scheduled to go into effect on April 30, 2012. The effective date of the Rule is suspended at least until Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com1tag:blogger.com,1999:blog-5667182793937244113.post-10632022041394975602012-02-01T08:48:00.000-05:002012-02-01T08:48:28.114-05:00DOL To Issue New FMLA Regulations for Military Cargiver Leave and Airline Flight CrewsThe U.S. Department of Labor announced that it is issuing a notice of proposed
rulemaking to implement new amendments to the Family and Medical
Leave Act that would expand leave provisions for military caregivers and create eligibility provisions unique to airline flight crews. The DOL's news release is available here.
With respect to military caregiver leave, the current law covers only Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-8836664627245836722012-01-26T13:39:00.002-05:002012-01-26T13:43:52.355-05:00NLRB's General Counsel Issues Another Memo on Social Media CasesThe Acting General Counsel of the NLRB announced today that he has issued a second memo regarding the interaction of social media policies and the National Labor Relations Act. According to the Board, the General Counsel's memo is intended "[t]o help provide
further guidance to practitioners and human resource professionals" regarding the lawful limits of social media policies.
Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-14732753505062907622012-01-05T09:53:00.000-05:002012-01-05T09:53:21.046-05:00Tennessee Department of Labor Issues E-Verify GuidlinesThe Department of Labor and Workforce Development released
guidelines today to govern implementation of the Tennessee Lawful Employment Act. The TLEA requires Tennessee's employers to use the state's new E-Verify system to confirm that they are hiring and employing individuals who are legally permitted to work in the United States. In connection with the release of theJoseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-7897573675428234332012-01-05T09:41:00.001-05:002012-01-05T09:41:13.833-05:00Holidays Were No Vacation At NLRBHappy New Year! The National Labor Relations Board was very busy at the end of the year, despite the holiday season. And judging from the Board's gift to employers (in the form of a rule for expedited union elections), it appears the Board believes that employers have been naughty, not nice. Here is a brief recap of what has been happening at the Board while many were Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-9576832476146331852012-01-05T08:49:00.000-05:002012-01-05T08:49:09.110-05:00NLRB Postpones Deadline To Post Notice Of RightsThe National Labor Relations Board has again postponed the effective date of its new rule requiring covered employers to post notices informing employees of their rights under the National Labor Relations Act. The effective date of the rule is now April 30, 2012.
The Board previously postponed the effective date of the notice posting requirement from November 14, 2011 to January 31,Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-62382626116422756082011-12-21T16:48:00.000-05:002011-12-21T17:02:58.695-05:00NLRB Adopts Expedited Election Rules
The NLRB announced today that it has
issued a final rule for expedited elections in union representation cases. The
final rule will appear in the December 22, 2011 edition of the Federal Register
and is set to go into effect on April 30, 2012. The Board's press release
regarding the new rule is available here. A copy of the final
rule that will appear in the Federal Register is available hereJoseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-22611960758954999042011-12-05T09:27:00.001-05:002011-12-05T09:51:53.284-05:00Law To Encourage Hiring Veterans Signed by President
On November 21, 2011 President Obama signed into law the Vow to Hire Heroes Act of 2011, which is a law designed to encourage employers to hire military veterans. Generally, the focus of the law is to provide tax credit to any business that hires a veteran who has been unemployed for at least four weeks. The key provisions of the Act for employers include:
· Creates a new tax credit Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-72418454914105324182011-12-05T08:42:00.001-05:002011-12-05T09:52:17.479-05:00NLRB Issues Operational Memo Related to Required Notice
The National Labor Relations Board recently issued an Operational
Memo dealing with the Notice of Rights Poster that employers are required to
post by January 31, 2012.
The Operational Memo (OM 12-14, available on the Board's
website here) first discusses the Board's outreach efforts to inform employers
of the notice posting requirement. The OM begins
by noting that on October 5, Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-2927148024394532662011-12-01T08:31:00.001-05:002011-12-02T13:25:15.818-05:00NLRB Approves Resolution For Expedited Elections on 2-1 VoteAs anticipated, the NLRB voted along party lines (2-1) to approve a Resolution to amend certain election procedures and expedite union representation elections. Chairman Mark Pearce and member Craig Becker voted in favor of the Resolution, while Brian Hayes, the NLRB's only Republican member, voted against it. The changes in the Resolution are drawn from a comprehensive overhaul Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-56161312867974742002011-12-01T08:22:00.001-05:002011-12-01T08:29:40.025-05:00Boeing and IAM Reach Agreement That May End NLRB ActionOn November 30, 2011, the Boeing Company and the International Association of Machinists (the union representing many of Boeing's employees in Washington state) reached an agreement that may resolve the NLRB's complaint against the Company. The details of the agreement have not been reported, but generally, the agreement is part of an extension to the collective bargaining agreement Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com1tag:blogger.com,1999:blog-5667182793937244113.post-44097429945301809062011-11-30T08:17:00.001-05:002011-11-30T08:32:37.717-05:00NLRB Chairman Releases Resolution for Today's VoteLate yesterday, National Labor Relations Board Chairman Mark G. Pearce released the content of the Resolution proposed for toady's vote. The Board is scheduled to vote to approve certain portions of the rules it considered earlier this year to alter the Board's election process and expedite union representation elections. These are the rules that would implement so-called "Quickie" orJoseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-83481267327415273332011-11-29T09:42:00.001-05:002011-11-29T09:57:10.531-05:00Showdown at the NLRB CorralThe NLRB scheduled a vote for November 30, 2011 on its controversial new rule governing union representation elections, which would implement what some have referred to as "Quickie Elections." Under the new rules, representation elections would be held within 10 to 21 days of filing a petition for an election. This timeframe, reduced from an average of 42 days, would limit Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-67687730454580048652011-11-28T16:56:00.001-05:002011-11-29T09:36:54.622-05:00New EEOC Regulation For Age Claims Increases Uncertainty for EmployersOn a 3-2 vote that broke along party lines, the EEOC approved a new regulation stating that an employer's policy or practice that adversely impacts older workers violates the ADEA unless the employer can justify the policy or practice with a “reasonable factor other than age.” The regulation partially stems from the Supreme Court's decision in Smith v. City of Jackson, 544 Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-86439144172442930112011-11-28T16:17:00.001-05:002011-11-28T16:52:17.175-05:00EEOC Charges Set Multiple RecordsOn November 15, 2011, the EEOC released its annual Performance and Accountability Report, revealing that the agency received 99,947 charges of employment discrimination in fiscal year 2011, which is the highest number of charges filed in one year since the EEOC was established in 1965. That is approximately 274 charges per day. According to the Report, the EEOC endedJoseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-35192931492372150052011-11-03T08:30:00.000-04:002011-11-03T08:30:55.686-04:00OSHA Publishes Interim Final Rule Revising SOX Whistleblower Complaint ProceduresThe Occupational Safety and Health Administration (OSHA), a division of the U.S. Department of labor, is responsible for the investigation and enforcement of whistleblower complaints under the Sarbanes-Oxley Act of 2002, which is referred to as "SOX." OSHA announced recently that it will publish interim final rules that revise the regulations governing Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-22808476014021827812011-10-21T15:08:00.001-04:002011-10-21T15:08:15.779-04:00Tennessee Jury Duty Pay Includes Travel TimeThe Tennessee Attorney General recently issued an opinion finding that Tennessee law requires employers to pay employees for time spent traveling to and from jury duty.
While Tennessee law clearly required employers to provide an employee with the employee's "usual compensation" for serving on a jury, there was a question as to whether the employee was entitled to payment for travel Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-30337859863830781342011-10-19T16:20:00.000-04:002011-10-19T16:20:03.535-04:00“Hope and Change: Employment Laws are Changing, Better Hope You are Prepared” The Hunter, Smith & Davis Labor and Employment Team will be holding its annual Labor and Employment Seminar on Thursday, October 27, 2011 at the Millennium Centre in Johnson City, Tennessee.
The following topics, as well as your
questions, will be addressed during this lively half day session.
· &Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com1tag:blogger.com,1999:blog-5667182793937244113.post-33412593102157372492011-10-07T11:27:00.001-04:002011-10-07T11:30:28.533-04:00NLRB Postpones Deadline For Posting Notice
The National Labor Relations Board announced recently its decision to postpone the implementation date for its new notice-posting rule. Previously, the Board's new notice-posting rule required employers to post the 11x17 inch poster no later than November 14, 2011. That date has been delayed until January 31, 2012.
In a press release, the Board indicated that the rule's effective date was Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-13148768251594915722011-09-19T19:20:00.002-04:002011-09-19T19:29:07.823-04:00U.S. House Passes Bill Limiting NLRB's Remedial AuthorityThe United States House recently passed a bill, called the Protecting Jobs From Government Interference Act (H.R. 2587), which would prohibit the National Labor Relations Board from ordering any employer to shut down plants or relocate work, even if the Board finds that the employer has committed an unfair labor practice. The bill is in response to the Board's complaint against Boeing for openingJoseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-30616198358413606922011-09-19T19:08:00.003-04:002011-09-19T19:19:28.752-04:00NLRB Notice of Rights Poster AvailableThe National Labor Relations Board recently announced that the Notice of Employee Rights poster is available on the Board's website here. Under the NLRB's new rules, all employers covered by the Act are now required to post the Notice of Rights Poster by November 14, 2011. Employers who customarily post personnel rules or policies on an internet or intranet site must also provide a link to the Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0