Month: January 2009

Employee Free Choice Act: What Employers Should Do Now

by Donald D. Berner and Forrest T. Rhodes The election of Barack Obama as the next president, coupled with the Democratic Party’s increased majority in both the U.S. Senate and House of Representatives, is certain to bring changes. The Employee Free Choice Act (EFCA), which President-elect Obama and Democratic congressional leaders vow to pass in […]

Sexual Orientation Discrimination and the Employment Non-Discrimination Act

by Gary Fealk There has been a push in recent years to provide homosexual, bisexual, and transsexual individuals with protection against discrimination, including discrimination in the workplace. There is even proposed federal legislation, the Employment Non-Discrimination Act (ENDA), on the horizon that may pass in the next session of Congress. Certain states have enacted discrimination […]

Important Labor and Employment Decisions Pending Before the Supreme Court

The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes in both statutory regime […]

Economy, Political Changes Could Create Perfect Storm for Employment Lawsuits

(Updated April 2009) by Boyd Byers Writer Sebastian Junger coined the phrase “perfect storm” to describe the simultaneous occurrence of different weather phenomena that combine to create a powerful nor’easter (a storm blowing from the northeast). Is a confluence of cultural, economic, and political events whipping up a perfect storm for employment law claims? Many […]

New E-Verify Rule for Federal Contractors Delayed

Update: E-verify deadline moved to September 2009 Federal contractors have been given at least a temporary reprieve from the E-Verify regulations that were set to go into effect January 15. Under the plan, the contractors would be required to begin using the U.S. Citizenship and Immigration Services E-Verify system to ensure that their employees are […]

And the Winner Is …

Litigation Value: $0. The last time The Surplus episode of The Office aired, we talked about Dunder Mifflin’s good behavior (relatively speaking). In the spirit of award season –- specifically the Golden Globes, which are on this Sunday –- let’s give some awards to folks for their exemplary behavior during the episode. Best Actor – […]

Overtime Regs: Time for DOL to Get to the 21st Century?

By BLR Founder and CEO Bob Brady Pondering arcane overtime rules, BLR founder and CEO Bob Brady asks “Isn’t it about time that the U.S. Department of Labor emerges from its cave and joins the 21st century?” I’m speaking of overtime regulations. At BLR, we have several salespeople earning between $70,000 and $100,000 a year. […]

Do Your Application Forms Include Recommended Statements and Authorizations?

In yesterday’s Advisor, we shared some of attorney Stephen R. Woods’ rules for avoiding hiring lawsuits. Today we bring you more tips, and an introduction to a new audio conference about the mundane—but critical—challenge of HR recordkeeping. Woods, a shareholder at the Greenville, South Carolina office of law firm Ogletree Deakins, delivered his remarks at […]

Marijuana Disclaimer Must Be Crystal Clear, Court Rules

California law prohibits employers from asking job applicants about most marijuana-related convictions that are more than two years old. A new California appeals court decision, Starbucks v. Superior Court (Lords), highlights the fact that employers must be extremely clear with applicants that they are not seeking this barred info.

E-Mail: A Write It Well Guide

Resources for Humans managing editor Celeste Blackburn reviews the book E-Mail: A Write It Well Guide — How to Write and Manage E-Mail In the Workplace by Janis Fisher Chan. An industrious HR person could not only benefit personally from reading this book and applying its theories but could also condense the information to create […]