tag:blogger.com,1999:blog-56671827939372441132012-01-30T14:57:10.157-05:00Discussions 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.comBlogger1581100tag:blogger.com,1999:blog-5667182793937244113.post-8836664627245836722012-01-26T13:39:00.002-05:002012-01-26T13:43:52.355-05:00

The 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. According to the

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-14732753505062907622012-01-05T09:53:00.000-05:002012-01-05T09:53:21.046-05:00

The 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 the new guidelines, DOL

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-7897573675428234332012-01-05T09:41:00.001-05:002012-01-05T09:41:13.833-05:00

Happy 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 enjoying egg nog and a

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-9576832476146331852012-01-05T08:49:00.000-05:002012-01-05T08:49:09.110-05:00

The 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, 2012 "to

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-62382626116422756082011-12-21T16:48:00.000-05:002011-12-21T17:02:58.695-05:00

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 here

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-22611960758954999042011-12-05T09:27:00.001-05:002011-12-05T09:51:53.284-05:00

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 called

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-72418454914105324182011-12-05T08:42:00.001-05:002011-12-05T09:52:17.479-05:00

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, 2011, the

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-2927148024394532662011-12-01T08:31:00.001-05:002011-12-02T13:25:15.818-05:00

As 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 of the election

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-56161312867974742002011-12-01T08:22:00.001-05:002011-12-01T08:29:40.025-05:00

On 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 covering the

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com1tag:blogger.com,1999:blog-5667182793937244113.post-44097429945301809062011-11-30T08:17:00.001-05:002011-11-30T08:32:37.717-05:00

Late 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" or "Ambush"

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-83481267327415273332011-11-29T09:42:00.001-05:002011-11-29T09:57:10.531-05:00

The 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 an employer's ability

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-67687730454580048652011-11-28T16:56:00.001-05:002011-11-29T09:36:54.622-05:00

On 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 U.S. 228 (2005). In

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-86439144172442930112011-11-28T16:17:00.001-05:002011-11-28T16:52:17.175-05:00

On 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 ended its fiscal year with 78,136

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-35192931492372150052011-11-03T08:30:00.000-04:002011-11-03T08:30:55.686-04:00

The 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 whistleblower complaints filed under SOX.

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-22808476014021827812011-10-21T15:08:00.001-04:002011-10-21T15:08:15.779-04:00

The 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 time to

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

            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.  ·         Americans With Disabilities Act:  Millions More Employees are Now Covered

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com1tag:blogger.com,1999:blog-5667182793937244113.post-33412593102157372492011-10-07T11:27:00.001-04:002011-10-07T11:30:28.533-04:00

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-13148768251594915722011-09-19T19:20:00.002-04:002011-09-19T19:29:07.823-04:00

The 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 opening

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-30616198358413606922011-09-19T19:08:00.003-04:002011-09-19T19:19:28.752-04:00

The 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.com0tag:blogger.com,1999:blog-5667182793937244113.post-8659170776983850532011-08-25T10:50:00.000-04:002011-08-25T10:51:37.228-04:00

The National Labor Relations Board has issued a Final Rule requiring most private-sector employers to post a notice notifying employees of their rights under the National Labor Relations Act. The final rule is scheduled to be posted in the Federal Register on August 30, 2011 and will take effect 75 days later, on November 14, 2011. The poster is similar to the one federal contractors are already

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-51070444841085131372011-08-12T16:34:00.005-04:002011-08-12T17:21:56.445-04:00

Following up on the news that the Tennessee legislature passed a new law - 'The Tennessee Lawful Employment Act' - ('TLEA') in an effort to require all employers to use the federal 'E-Verify' employment authorization system, we will address 5 specific areas of the new law. (Please see prior post of July 7, 2011 for an overview of the Law). The first topic is the 'E-Verify' requirement. In

Mike Eastridgenoreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-87636626132030827912011-07-26T10:41:00.000-04:002011-07-26T10:41:20.642-04:00

Recent Family and Medical Leave news has been about a proposed amendment to the Act which would provide parental bereavement leave upon the death of a son or daughter. As with parental bonding leave that is currently provided for in the Act, bereavement leave would be taken in one block unless the employer agreed to allow for intermittent leave. One can't help but look at the amendment and see

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-63017050084573479722011-07-14T12:38:00.001-04:002011-07-14T12:39:05.232-04:00

Much publicity has been given to the recent $20 million settlement (for good reason) the EEOC negotiated with Verizon Wireless concerning the company's leave policy. The Verizon settlement is now the largest example of the EEOC's enforcement approach concerning "inflexible medical leave policies." This case is an illustration of what many experts predicted would be the paradigm shift in ADA

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-71883818977116036702011-07-07T11:56:00.008-04:002011-09-14T16:26:39.086-04:00

Since 1986, employers have been the primary enforcement tool of immigration. With the creation of the I-9 Form, it has been the responsibility of employers to find out if a person seeking employment is authorized to be and work in the United States.The pressure on employers to enforce these immigration laws during the hiring process is getting ready to explode for employers in Tennessee. On June

Mike Eastridgenoreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-43217105837930030722011-06-22T15:49:00.003-04:002011-06-23T08:42:06.764-04:00

On June 22, 2011, the National Labor Relations Board proposed new rules to “streamline” pre- and post- union election procedures that will have the effect of shortening the time between the filing of an election petition and the election, among other things. If adopted, the Board’s proposed rules would likely: reduce the amount of time employers have to respond to a union organizing campaign and

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-54532018688143760002011-06-21T16:15:00.002-04:002011-06-21T16:19:29.565-04:00

The DOL has proposed a rule that will broaden the requirements for reporting persuader activity by employers. (You can access the DOL’s Notice of Proposed Rulemaking here). While this might appear to be an obscure and mundane area of labor law, the DOL’s proposed rule change would have a profound effect on how employers respond to union organizing campaigns.The Labor Management Reporting and

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-78947491632702235222011-06-21T09:22:00.000-04:002011-06-21T09:22:52.109-04:00

The U.S. Department of Labor issued a press release yesterday announcing a proposed rule aimed at requiring employers to disclose the use of consultants and redefining the scope of "persuader" activity (such as in a counter campaign to a union organization push). Specifically, the notice states that activities such as trainings, speeches and other communications that are the result of attorney

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-79561819717036811222011-06-14T08:32:00.002-04:002011-06-14T08:38:12.723-04:00

With a controversial complaint against Boeing, a lawsuit against Arizona and lawsuits threatened against three other states over their constitutional amendments, and rulemaking underway for a new mandatory notice posting, you might have thought that the NLRB had its hands full. But, taking a line from any good infomercial pitchman, the Board has essentially said “But, wait there’s more!” In a

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-6789345423083705082011-06-13T16:14:00.000-04:002011-06-13T16:14:07.609-04:00

If you do business and have employees in Tennessee, a law signed by Governor Haslam last week could impact the method by which you verify your applicants’ authorization to work in the United States. Under the new law (known as the Tennessee Lawful Employment Act), all employers are required:  Before October 1, 2011, to enroll and maintain active participation in the E-Verify program; On or

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-25070870625339870062011-06-08T13:23:00.003-04:002011-06-08T13:39:14.145-04:00

A new law recently passed by the Tennessee legislature and sent to the Governor for his signature will reinstate the framework for analyzing discrimination and retaliation claims that had been in place for thirty-seven years, but was tossed out by the Tennessee Supreme Court last September.In 1973, the United States Supreme Court adopted a “burden-shifting” analysis for evaluating claims of

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-83440277260839132432011-06-07T17:32:00.003-04:002011-06-08T11:59:59.088-04:00

Thanks to a new Tennessee law, it will be a little easier for parties, including employers, to obtain summary judgment in cases filed on or after July 1, 2011. A bill recently passed by the legislature and awaiting the Governor’s signature reverses the effects of a Tennessee Supreme Court decision that nearly made summary judgment obsolete and pushed more cases to trial (or settlement). Summary

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-34163697765426261482011-05-17T09:57:00.000-04:002011-05-17T09:57:54.976-04:00

USCIS announced that it has a newly-launched I-9 headquarters aimed at making employer compliance with work authorization more accessible and easier. Dubbed I-9 Central, press release notes that this is yet another step by USCIS to provide "employment-related enhancements" for the business world. With USCIS working toward making compliance "easier," it would not be a stretch to think that the

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-84306125073038804002011-05-13T12:55:00.000-04:002011-05-13T12:56:28.865-04:00

On May 5, 2001, Tennessee Governor Bill Haslam signed a new law making it unlawful for employers and unions to include a “maintenance of membership” clause in their collective bargaining agreement. A maintenance of membership clause requires those employees who are members of the union to continue their union membership (i.e., keep paying dues to the union) until the collective bargaining

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-42174405027558830382011-05-12T08:17:00.000-04:002011-05-13T16:42:50.409-04:00

Some insurance companies may be denying payment of benefits on the basis that unauthorized workers should not have been employed in the first place and thus are not eligible to be returned to work (or receive payments for the difference in wages for light duty work versus the employee's regular position). How does the company know that the worker is unauthorized? Well, some may be running the

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-78721263705927849402011-05-10T13:13:00.001-04:002011-05-10T13:15:03.404-04:00

The United States Department of Labor announced yesterday that it has developed an “app” for smartphones that is designed to help employees keep track of their hours worked and calculate their wages and overtime pay. This free app is available for download on the DOL’s webpage. According to Secretary of Labor Hilda Solis, “This app will help empower workers to understand and stand up for their

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-24654280856905656442011-04-20T09:04:00.000-04:002011-04-20T09:04:43.026-04:00

I remember the days before smartphones, when I could only access my e-mail remotely from a laptop. I yearned for one of those cool little phones that would let me immediately respond without the need for lugging around my laptop, opening a VPN connection and logging on. And now I have it--check that: I've had it for several years. And I find that I now yearn for those times when I can power down

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-86366669141950126312011-03-17T14:50:00.000-04:002011-03-17T14:50:29.274-04:00

I love it when I'm scheduled to give a speech, and someone more famous than I (that doesn't take much, mind you) gives me fodder to present as an example. This time, it's my speech on dealing with the borderline employee. One of the building blocks I recommend to my audience is the concept of time. More specifically, I encourage the audience to review the calendar before it metes out discipline

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-64428196201233252382011-03-17T14:26:00.000-04:002011-03-17T14:26:09.486-04:00

In case you missed our last post about the less-than-defined line between the business you and personal you in social media, take a gander at this article from Forbes about tweets which cost some tweeps their jobs.

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-5515928543243051492011-02-28T12:53:00.000-05:002011-02-28T12:53:27.352-05:00

I just read (thanks, @MollyDiBi) about an attorney in Indiana who was fired for tweeting his views on how pro-labor protesters in Wisconsin should be handled. Perhaps an employee management course is in order for him? But I digress. I read about this shortly after giving a presentation to a client's workforce about social networking, the workplace, and the blurry line that defines who they are

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-28372480352821202622011-02-01T11:00:00.000-05:002011-02-01T11:00:42.052-05:00

Even though it's turning the tables a bit, one would think it goes without saying that managers/employers should not use Facebook to comment on employee complaints. Well, apparently, it doesn't: http://www.pittsburghlive.com/x/pittsburghtrib/news/s_717409.html

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com1tag:blogger.com,1999:blog-5667182793937244113.post-37479664312304017612011-01-26T11:14:00.000-05:002011-01-26T11:14:25.557-05:00

Virginia's lawmakers have a bill before them that would prohibit discrimination on the basis of sexual orientation in the Commonwealth's workforce and Virginia's National Guard. Read more about it here.

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-80902964327702513952011-01-25T10:19:00.001-05:002011-01-25T10:22:35.758-05:00

A car salesman in Chicago was fired recently for refusing to remove his Green Bay Packers tie. Many are already calling for the former salesman to find a lawyer and “sue the dealership for all it's worth.” While wearing a tie emblazoned with the Packers logo the day after the Packers beat the Bears is probably not the best way to make friends (or sell cars) in Chicago, does it really give the

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-78647787824492392702011-01-25T08:38:00.000-05:002011-01-25T08:38:33.048-05:00

The National Labor Relations Board announced on January 14 that it believes constitutional amendments passed in four states violate/are preempted by the National Labor Relations Act. South Carolina, Utah, South Dakota and Arizona passed amendments to their respective state constitutions that govern how unions can achieve representation of workers. The NLRB sent notices to the states advising of

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-50223375732261540512011-01-24T12:19:00.001-05:002011-01-24T13:50:14.859-05:00

One of the cases we were following at the U.S. Supreme Court is Thompson v. North American Stainless. That is the case where one employee (Miriam Regalado) filed a charge of discrimination against the Defendant while she was still working for it. Her fiance, Eric Thompson, also worked for the Defendant. He was fired three weeks after the Equal Employment Opportunity Commission notified the

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-68907738841877120232011-01-13T10:15:00.000-05:002011-01-13T10:15:09.723-05:00

US Citizenship and Immigration Services unveiled the latest I-9 Handbook for Employers on January 6. You can get your copy here. For anyone in your organization who has responsibility for completing, reviewing, correcting, and storing I-9s, the handbook will be, well, handy.

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-86362059457102155562011-01-04T13:25:00.000-05:002011-01-04T13:25:44.738-05:00

Just before Christmas, the Senate confirmed President Obama's three recess appointments to the Equal Employment Opportunity Commission: Jacqueline A. Berrien, Chai R. Feldblum and Victoria A. Lipnic. Without the confirmation, Lipnic's recess appointment would have retired, leaving only 3 commissioners plus the chair. Lack of confirmation could have resulted in more of a shift in the EEOC's

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-79759227074648801322010-12-29T11:19:00.000-05:002010-12-29T11:19:37.046-05:00

Although the HIRE Act is set to sunset on December 31, 2010, employers should remember that tracking a qualified employee's wages goes beyond December 31, 2010. Under the Act, employers are eligible to seek two types of credits: 1. The payroll tax exemption: the employer does not pay its 6.2 percent share of Social Security tax on wages paid to qualifying employees during the period of March 19,

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-78017503131184970152010-12-22T09:31:00.001-05:002010-12-22T09:33:04.094-05:00

The National Labor Relations Board announced on Tuesday that it is considering adoption of a rule that would require employers covered by the National Labor Relations Act to post a notice informing employees of their rights to form, join, and assist labor unions. If the rule is implemented, the required notice would mirror the notice that federal contractors must post pursuant to an Executive

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-5436052621770032642010-12-07T11:15:00.000-05:002010-12-07T11:15:50.503-05:00

I read an interesting article on Knowledge@Wharton concerning "The Silver Tsunami"--older workers who were once feared to be exiting the workplace so quickly that the labor force coming behind wouldn't be able to supplant them. Those older workers are now staying in the workforce longer due to dwindling retirement options, and the article discusses the benefits of capitalizing on the industry

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-89282129789284180152010-11-17T13:42:00.000-05:002010-11-17T13:42:26.720-05:00

Democrats attempted to overcome a Republican filibuster on the Paycheck Fairness Act by calling for a cloture vote today. Democrats were two votes short of the required 60 votes to achieve cloture (which would place a time limit on debate about the Act). The roll call vote showed that 58 Democrats voted in favor of cloture, while 40 Republicans and 1 Democrat (Nelson, of Nebraska) voted against

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-62338085939388794102010-11-12T10:05:00.000-05:002010-11-12T10:05:25.240-05:00

The final rule for implementation of the Genetic Information Nondiscrimination Act (GINA) published this week by the Equal Employment Opportunity Commission. While much of the talk about GINA has been that it is not likely to have a great impact on employers (the law has been likened to a solution looking for a problem), it is important to note that GINA will impact the manner in which health

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-56883858420055974972010-11-11T11:03:00.000-05:002010-11-11T11:03:38.991-05:00

As we honor our past and present servicemembers today, we thought it appropriate to revisit this post from 2009 concerning FMLA rights of this important part of our population: http://laboremploymenthsd.blogspot.com/2009/01/i-need-to-take-some-time-off.html A simple "thank you" is inadequate to convey our indebtedness to our military. We should endeavor to honor you not only today, but every

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-26712478671581799342010-11-05T08:26:00.002-04:002010-11-05T08:35:58.307-04:00

Wouldn’t it be nice if your customers were tripping over themselves to get into your place of business to buy your merchandise or services? Not so, says the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”). In light of stories from previous years when employees or customers were trampled when the store opened, OSHA has encouraged 14 major retail companies to take

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-44163186077424505842010-11-04T09:41:00.000-04:002010-11-04T09:41:53.610-04:00

The 6th Circuit Court of Appeals (Michigan, Ohio, Kentucky, Tennessee) ruled yesterday that employees challenging an employer's drug testing policy on the basis that it discriminates against those with a disability must, in fact, have a disability to pursue such a claim. In Bates et al v. Dura Automotive Systems, the Court found that employees who were terminated because they consumed drugs

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-63641135550690963452010-10-27T14:25:00.001-04:002010-10-27T14:35:29.495-04:00

We've had a run of bad weather in our area over the last few days. I listened to a friend recount the multiple ways he tried to get to work one morning this week, only to be thwarted each time by a tree across the road he was trying to take. He eventually made it to his office after 1 1/2 hours of driving around (normal drive time is 5 minutes) and taking quite the circuitous route. Most of our

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-32767733715902377342010-10-21T16:52:00.000-04:002010-10-21T16:52:50.790-04:00

A recent article from the Associated Press details how free checking may be going by the wayside as financial institutions look for ways to cope with governmental limitations on fees. I will be watching this development to see how it impacts me personally. Businesses should be watching to see how it impacts payroll practices. In some states, employers are allowed to require employees to

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-58241279499518987992010-10-20T20:21:00.000-04:002010-10-20T20:21:10.597-04:00

As an attorney, I do my best to educate clients: best practices, the impact of recent cases on their businesses, managing borderline employees, you get the idea. It can be easy to lose sight that I have a relationship with my clients--that is, I'm on a two-way street, and I can learn from them, too. One client recently lost its President and General Manager. He was the type of leader who was

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-17770433624200254272010-10-15T08:30:00.000-04:002010-10-15T08:30:18.695-04:00

You may recall that under the health care reform legislation, health care benefits provided by employers are subject to reporting on an employee's W-2 beginning in 2011. On Tuesday, the IRS announced that it was delaying implementation of that reporting requirement, making it optional in 2011. You can read the notice and the IRS' reasoning behind this move here. Additionally, the IRS has

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-59145141547098547562010-10-05T08:39:00.000-04:002010-10-05T08:39:28.581-04:00

As I read this latest article from SHRM this morning, the theme from "Three's Company" popped into my head. Yes, indeed, we've been waiting for you. Seems as though federal governmental agencies may be sharing information to determine who will receive or has received ICE audit notices. According to the article, companies which found themselves the subject of an investigation or audit from

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-84260481388237052762010-10-04T13:26:00.000-04:002010-10-04T13:26:11.376-04:00

I just read an article by Kara Shea in the Tennessee Employment Law Letter concerning individual liability that exists for Family and Medical Leave Act and Fair Labor Standards Act claims. The definition of "employer" for determining liability under those acts is broader than what most CEOs, CFOs, HR managers and the like are used to seeing. It's worth a read and then an examination of your leave

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-16610884966016516742010-10-01T09:41:00.000-04:002010-10-01T09:41:10.264-04:00

Just ask Abercrombie & Fitch: http://www.laborlawyers.com/shownews.aspx?Abercrombie-Fitch-Fined-1-Million-After-I-9-Audit&Ref=list&Type=9871&Show=13290

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-17683532700127297442010-09-30T17:19:00.000-04:002010-09-30T17:26:45.293-04:00

Look, y'all: it's been a loooong day, which means that my attempts to keep my southern drawl in check fell by the wayside many hours ago. That also means that this won't be a big discussion entry. Just a couple of simple pleas: PLEASE train your staff on properly completing Form I-9. PLEASE have them read through the instructions and go over each section block by block. PLEASE "error-up"

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-68744705031018333972010-09-29T13:46:00.000-04:002010-09-29T13:46:41.098-04:00

the title of just about every piece of legislation dealing with employment right now. The latest to be added to this roll call is the Fair Playing Field Act of 2010. This would remove safe harbor provisions currently available to employers who have unintentionally misclassified employees as independent contractors. Additionally, the bill as written would require employers who routinely use

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-78794563461173978402010-09-24T13:18:00.001-04:002010-10-18T09:01:25.792-04:00

From our very own Michael L. Forrester: Employers are occasionally faced with the issue in workers’ compensation cases of what body part is affected in a work injury, and what difference it makes when it’s time to determine the amount of any permanent disability award. And the Employer and the injured Employee may be on opposite sides of the proverbial fence when confronting the extent of any

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-67785003703791287312010-09-23T16:53:00.000-04:002010-09-23T17:25:33.377-04:00

It appears that ICE is on its way this season. Immigration & Customs Enforcement ('ICE') - the division of the U.S. Department of Homeland Security responsible for Employer compliance with immigration laws- announced several days ago that it was preparing to send out Five Hundred (500) new Notices of Inspection to companies within the next week.Typically, a Notice of Inspection will require an

Mike Eastridgenoreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-28730511117875288772010-09-23T10:56:00.000-04:002010-09-23T10:56:00.283-04:00

The EEOC has been busy, busy, busy! Three suits filed this month just on the Americans With Disabilities Act (as amended): http://www.eeoc.gov/eeoc/newsroom/release/9-9-10a.cfm?goback=%2Egde_147609_member_29930620

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-27849614758992228142010-09-22T09:57:00.000-04:002010-09-22T09:57:30.922-04:00

Rumors are flying that the Paycheck Fairness Act will be taken up by the Senate in the very near future. The Obama Administration made it no secret that the Act is at the top of its agenda. This is concerning, given the Administration's desire to make a strong showing as mid-term elections approach. Should you contact your Senator concerning his/her vote on the PFA? Consider: Two store managers

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-61698763791493763112010-09-21T09:39:00.000-04:002010-09-21T09:39:22.122-04:00

The Hannan case from 2008 changed the way our state courts in Tennessee approach summary judgment. In essence, Hannan made it much more difficult, for example, for employers to get summary judgment in employment discrimination cases based upon state law. A recent Tennessee Supreme Court decision all but eliminated the ability to have a case summarily dismissed (that is, without a trial) when the

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-71555642612216041482010-08-30T09:25:00.000-04:002010-08-30T09:25:16.615-04:00

"Facts do not cease to exist because they are ignored." - Aldous Huxley My miniature Schnauzer Tempo was my pet growing up. She was full of personality, and she was opinionated. She thought she should make the decisions on who is to be allowed into the house. Tempo also thought that it was within her control to say who or what could hang out in her backyard. She thought she should decide when it

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-47477843006341551152010-08-18T15:11:00.000-04:002010-08-18T15:11:15.613-04:00

So, that whole discussion by the EEOC on the importance of interacting with your employees who request or might need a disability before taking action? Or the post from 2008 on the changing mindset for employers thanks to the amendments to the Americans with Disabilities Act? We were serious. And so is the EEOC, who filed suit on behalf of an employee who was offered a job, showed up for the

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-28647474359264560582010-08-11T10:28:00.000-04:002010-08-11T10:58:00.133-04:00

Before you groan: this is not a post about dieting. Or exercising. Or any of those good health habits we all should work to incorporate into our lives.This post is about fit.If you walk into a clothing store and see that all the jeans are the same size--not yours--do you stick around and try them on? Do you stay and look through the store to see if it does have jeans in your size?You find display

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-18195154628532522602010-08-04T15:54:00.000-04:002010-08-04T17:58:41.289-04:00

I just finished reading a blog post by HR Bartender asking whether our society has lost our empathetic side and what we can do to work toward getting it back.I met with a client today to discuss the dismissal of two charges of discrimination we defended on its behalf, charges which arose because the employee believed she was treated "unfairly" in a couple of situations. As the agency

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com1tag:blogger.com,1999:blog-5667182793937244113.post-69629260317720334262010-07-26T18:02:00.000-04:002010-07-26T18:39:13.123-04:00

Word just came out that the Tennessee Titans are suing Lane Kiffin and the University of Southern California for intentional interference with contract/inducement to breach contract over the hiring this weekend of former Titans coach Kennedy Pola by Southern Cal. The allegations are that Kiffin contacted Pola, knowing he was under contract with the Titans, and discussed potential employment at

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-45579994774497907782010-07-22T09:03:00.000-04:002010-07-22T09:35:12.156-04:00

Summer intern programs are a great way to get quality work for a good bargain (see our post about the new DOL regulations on paying interns here). It's also an opportunity to hone your management skills, methods of providing constructive counseling, and test-driving some of your less experienced managers in roles of responsibility. Yes, for all intents and purposes, your summer intern program can

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-1912219459406140842010-07-02T11:56:00.000-04:002010-07-02T12:01:41.595-04:00

It’s easy to underestimate the importance of responding to a charge of discrimination filed with an administrative agency like the EEOC. After all, the EEOC doesn’t have the authority to award damages or assess fines against employers. To get any money from the employer, the employee or former employee will have to file a lawsuit, and the employer can just defend the lawsuit when and if it comes.

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-53991415359401770942010-06-25T10:29:00.001-04:002010-06-25T10:30:55.079-04:00

Gov. Bredesen made Tennessee the first state that will allow employers to enact "English-only" policies where a "legitimate business reason" to do so exists:http://www.tennessean.com/article/20100624/NEWS01/6240326/Bredesen+signs+English-in-workplace+bill?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+StatelineorgRss-Tennessee+(Stateline.org+RSS+-+Tennessee)

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-44104834581794221682010-06-21T15:22:00.000-04:002010-06-21T15:49:13.337-04:00

We're doing our annual Labor & Employment seminar again for those of you who might have missed it earlier this month. The seminar will be held on Tuesday, June 29, 2010 in Duffield, Virginia at the Crooked Road Technology Center. Contact any member of the Labor and Employment Team or msizemore@hsdlaw.com for more information or to register.Topics that we will cover include a legislative update

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-54572996028259233612010-06-04T10:01:00.001-04:002010-06-04T10:11:12.723-04:00

Deep sigh. No, the title isn't another example of the circular logic attorneys sometimes (okay, more than that) use.It's a legit charge: if you do employee evaluations, how are they working for you? Better yet--are you even doing employee evaluations?At our annual Labor & Employment Law Seminar yesterday, the team presented a Top 10 list of "don'ts" for managers/supervisors in these particularly

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-56822318505639020392010-05-11T09:05:00.000-04:002010-05-11T09:10:50.950-04:00

Nearly everyone in the country has heard about the sweeping healthcare legislation that passed recently in Washington, D.C. But how many employers are aware that included in the voluminous bill was a provision amending the Fair Labor Standards Act (FLSA)? In fact, one section of the healthcare bill amended the FLSA to require that certain covered employers provide breaks and private space for

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-65441146300601976522010-05-05T11:38:00.000-04:002010-05-05T11:48:52.734-04:00

As the summer months are quickly approaching, companies are making final arrangements for those employees and interns who will grace the halls for the few months of summer breaks from high school, colleges and graduate schools. Some schools require students to complete internships, and those are commonly unpaid positions. Well, perhaps until now.In case you haven't heard, the US Department of

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-85135586938963195432010-04-15T09:40:00.000-04:002010-04-22T14:57:48.798-04:00

**************Here is the link to the form prepared by the IRS for employers to use in claiming the tax exemption.**************For you employers out there who are filling out your workforce, this is a gentle reminder to check into whether you can avail yourselves of the tax benefits under the Hiring Incentives to Restore Employment (HIRE) Act.Employers who make a qualified hire between February

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-40551519350042154872010-04-14T15:15:00.000-04:002010-04-14T15:31:01.061-04:00

That whistle you hear may not mean the end of the work day has arrived.In the past two decades numerous states and the federal government have passed laws prohibiting employers from discharging employees for “blowing the whistle” on certain matters at work. Although these laws have been on the books for several years, it can still be difficult to differentiate between simple employee complaints

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-73029102915295603102010-04-12T17:09:00.000-04:002010-04-12T17:26:08.647-04:00

I just read several posts on Facebook by an acquaintance speaking to a recent medical procedure she had.Right below that was a posting by a friend who was asking for prayers for a family member who had "taken a turn for the worse".Scrolling a little more led to the discovery that another friend was pregnant and experiencing complications from it.Finally, I had a post by someone who was insulted

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-84788124461933471532010-04-01T15:25:00.000-04:002010-04-01T16:20:17.268-04:00

One of a President’s most effective tools to change labor law to his liking without passing legislation is by appointing members to the National Labor Relations Board who support his view of the National Labor Relations Act. The National Labor Relations Act (the federal law that governs labor law in the private sector) provides for a five-member Board with each member serving a 5-year term. As

Joseph B. Harveyhttp://www.blogger.com/profile/08432902353798471622noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-71014268451492296302010-03-25T15:59:00.000-04:002010-03-25T16:07:48.763-04:00

A rash of calls recently from clients with a common question brings about this post.If you have an employee who does not return to work after a leave of absence, and that employee is considered terminated from employment when that occurs, then the employee is entitled, according to the U.S. Department of Labor, to elect the COBRA premium subsidy as provided by the ARRA.And yes, IRS Notice 2009-27

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-92231909571642654742010-03-04T15:49:00.000-05:002010-03-04T17:33:22.492-05:00

Hey, where have you been? Okay, okay--it's more like where have we been. Sorry for the lack of posts in the month of February.This is a quickie: remember that if you are not covered by federal COBRA (20 or more employees), you may still have obligations under your respective state's "mini-COBRA" law. For example, in Tennessee, employees can get three months of health insurance continuation if

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-26435830544390129342010-02-01T16:31:00.001-05:002010-02-01T16:42:16.447-05:00

The U.S. Department of Labor requested $117 billion for its fiscal year 2010 budget. Most of the money is to be used for unemployment insurance funds and job restructuring initiatives, but it shouldn't be overlooked what the DOL is requesting for its own staff: more than 350 new hires, including 177 investigators and enforcement staff. The DOL will emphasize hiring bilingual staff members "to

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-34129629501199517032010-02-01T10:06:00.000-05:002010-02-01T10:17:40.784-05:00

Recent natural disasters have caused several clients to revisit their non-solicitation policies--particularly when the policies are an absolute ban on soliciting for causes. With the continued, albeit greatly diminished, life of the Employee Free Choice Act, by no means are we encouraging anyone to eliminate the policy altogether.Yet in times when the devastation in Haiti is front and center on

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-81298233164254828552010-01-26T09:28:00.000-05:002010-01-26T09:42:51.427-05:00

Sports can provide some of the best HR analogies. Take for example the NFL playoffs and the contemplated future of two of the games iron horses: Kurt Warner of the Arizona Cardinals and Brett Favre of the Minnesota Vikings.At the conclusion of the last several seasons, much of the buzz with these two gentlemen centers on whether they will retire. The question gets asked in the press conference

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-79096508826479824372010-01-06T09:12:00.000-05:002010-01-06T09:31:38.555-05:00

Most of us think of the holidays as a time to celebrate, be with the ones we love, and, unfortunately, put on a few pounds. This year, thanks to our Executive and Legislative Branches, any waistline gain wasn't the only expansion going on.On December 19, 2009, President Obama signed a bill that allows the COBRA premium subsidy law to continue beyond its original sunset date of December 31, 2009.

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-64565105803768998412009-12-21T14:00:00.000-05:002009-12-21T14:09:53.760-05:00

Does your company still host a Christmas party? I hear more clients asking about what type of backlash they think it would cause to cancel the Christmas party. My first question is always: "Is this about the money?" The answer is usually yes, but probably not why you would think. It is about the money, but not because the company doesn't have it to spend. Rather, it's about redirecting the use of

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-57708454556705123472009-11-19T11:00:00.001-05:002009-11-19T11:17:32.766-05:00

Kansas' head football coach, Mark Mangino, is under investigation by the Athletic Director for alleged verbally and physically abusive behavior. According to some former players, it wasn't unusual for Mangino to use personal matters that had been disclosed in confidence to teammates when ridiculing a player in front of the team. He also allegedly poked a player in the chest recently during

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-17092830980445820902009-11-10T13:00:00.000-05:002009-11-10T13:03:07.805-05:00

The EEOC has issued both a supplement and a replacement poster to cover employer's obligations under the Genetic Information Non-Discrimination Act. You can find both here: http://www1.eeoc.gov/employers/poster.cfm

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-92170638835365301642009-11-10T08:57:00.001-05:002009-11-10T09:07:10.037-05:00

Not surprisingly, a measure has been introduced, this time in the House of Representatives, that would require employers (with at least 15 employees) to provide 5 paid sick days when an employee shows symptoms of a contagious illness or has been in contact with someone who has a contagious illness.This law, if passed as presently written, would sunset 2 years from the date of passage. Thus, it's

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-32568643834288091622009-10-26T08:40:00.000-04:002009-10-26T09:20:37.779-04:00

Workplace romances. Now that you've uttered your collective groans, here's another story to put in the "See, I told you so" category.ESPN announced last night that its baseball analyst Steve Phillips was no longer employed with the network. Why? Phillips admitted last Wednesday that he had an affair with a production assistant at ESPN. This apparently was not the first act of indiscretion in the

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-75144584570276564862009-10-22T12:53:00.000-04:002009-10-22T13:12:34.862-04:00

The EEOC recently released its proposed regulations for the ADA Amendments Act of 2008. The regulations were designed to better define the provisions of the Amendments and better refine Congress’s intent in amending the ADA. In fact, the drafters of the proposed regulations made sure that we were aware that they were charged with enacting Congress’s intent that the term “disability” be broadly

R. Lee McVeynoreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-6227306617221195232009-10-16T17:04:00.000-04:002009-10-16T17:31:24.983-04:00

As many HR professionals already know, there may be many reasons why an employer might receive a 'No-Match' letter from the Social Security Administration. When filing a new employee's W-2 form, sometimes a typographical error is made - or perhaps the employee recently changed her name and the SSN does not 'match' the person identified in the W-2 form. Maybe the database is erroneous.As

Mike Eastridgenoreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-2551614893046555692009-10-09T15:18:00.001-04:002009-10-09T15:30:50.018-04:00

Thanks to all the team members who gave of their talents in yesterday's HR Expo! Michael Eastridge scared everyone with his immigration presentation. He also made a distinguished Your Honor in the closing session Mock Trial, which included our other team members: Michael Lattier , who deserves an Oscar nod for his portrayal of the misunderstood, alleged harasser; R. Lee McVey II who proved

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-10436188990571549182009-10-09T15:11:00.000-04:002009-10-09T15:15:02.894-04:00

Immigration enforcement is increasing and the focus has shifted from employees to employers.If you haven't already, consider keeping your I-9s in a location separate from the employee personnel files. That will make it easier to pull them in the event you are faced with an audit.Also consider having an I-9 audit conducted internally--either through your own HR staff or with the assistance of

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0tag:blogger.com,1999:blog-5667182793937244113.post-81916955002843847442009-10-09T14:39:00.000-04:002009-10-09T15:11:22.986-04:00

If you're an HR professional, your response to this invite might be the longest it's been in a while. Your budgets have been trimmed, maybe training has been reduced, demands on you have changed and increased, and your head is on a swivel as you try to keep up with the talks about pending federal and state legislation impacting your company.On top of those aches and pains, you now are entering

Laura A. Steelhttp://www.blogger.com/profile/07162085674530210364noreply@blogger.com0