Category: HR Hero Line

HR best practices, employment law tips, news and analysis, Q&As, and lessons learned from the courtroom.

Christmas Vacation, free beer, and the FLSA

by Boyd Byers In the holiday classic National Lampoon’s Christmas Vacation, family patriarch Clark Griswold is distressed because he has not yet received his Christmas bonus, which he is counting on to cover a check he wrote for a new swimming pool. Finally, on Christmas Eve, a courier arrives with a delivery. As his family […]

Moderation in all things

by Mark I. Schickman What brings job satisfaction to employees is a key inquiry for every HR professional. And, as we have written before, that answer changes with the times and with the circumstances. Boomers wanted job security and were often most comfortable when they were taking detailed instructions from supervisors. Successively, those values have […]

Keep these do’s and don’ts in mind when reviewing handbooks

The company handbook: It sounds so routine, like something that’s been around forever and just needs a quick and easy update every year or so, a task that a seasoned human resources professional can handle with ease. But considering the rapidly changing legal landscape and the ever-growing number of ways for employers to find themselves […]

Judge to NLRB: time to stop protecting racist, sexist conduct

by Bart N. Sisk A federal judge recently called out the National Labor Relations Board (NLRB) for its history of taking a “cavalier and enabling” approach toward the “sexually and racially demeaning misconduct of some employees during strikes.” Let’s take a closer look at the case.  Judge appalled that NLRB gives ‘refuge’ to intolerable conduct […]

Judge blocks Fair Pay and Safe Workplaces final rule

by Susan Warshaw Ebner, H. Juanita M. Beecher, and Sean Lee A Texas federal district court judge has granted a nationwide preliminary injunction that blocks implementation of the Fair Pay and Safe Workplaces rule’s requirements that federal contractors report labor law violations, that the government consider such disclosures when awarding contracts, and that contractors include […]

overtime

How do we explain the need to change the FLSA overtime exemption?

by Jo Ellen Whitney This summer, the U.S. Department of Labor (DOL) indicated that under new Fair Labor Standards Act (FLSA) regulations issued in May, it might be necessary for various employers to change some workers’ overtime exemption. In a blog post on the DOL website, the agency also indicated that employees would be thrilled […]

Understand the whistleblower (and prevent retaliation claims)

by Ken Broda-Bahm and Brad Cave With retaliation claims again topping the list of charges filed most frequently with the Equal Employment Opportunity Commission (EEOC) and whistleblower claims on the rise, employers can learn a great deal by better understanding the psychology of a whistleblower.  Retaliation is all about perception In its 2015 enforcement and […]

Computing commuting time

by Connor Beatty Ask anyone with a long daily commute, and he will agree that it certainly feels like the workday begins long before he steps inside the front doors of the workplace each morning. Under the Fair Labor Standards Act (FLSA), commuting time is not considered working time, although there are a number of […]

EEOC broadens priorities in new enforcement plan

The Equal Employment Opportunity Commission (EEOC) is signaling employers that the agency is expanding its focus on emerging employment issues. And given the drastic change taking place in today’s workplace, the new priorities aren’t surprising, according to an attorney well-versed on the “gig economy” and other challenging employment issues.  The EEOC recently announced its updated […]

IRS issues guidance on opt-out payments for affordable ACA plans

by Ajay Gogna The IRS recently issued guidance on the application of various provisions of the Affordable Care Act (ACA) to employer-provided health insurance coverage, including guidance on how employer offers of “opt-out” payments to employees are treated for purposes of determining whether healthcare coverage is affordable. Analysis of the guidance The ACA requires applicable […]