Independent-Contractor Classifications May Need to Be Reviewed

SHRM Resources

Now that the Biden administration has announced plans to crack down on the misclassification of employees as independent contractors, employers should audit who they. HR Expertise Contingent Staffing Employee Relations Compliance Employee Relations Employment Law Talent Acquisition

?An Introduction to Global Employment Law

New to HR

While we have countless country and labour laws protecting our interests based on not only culture but societal needs, newer countries to the stage offer their own challenges as lawyers and HR professionals work to foster aligning business practices globally without offending the needs of specific cultures and their inherent identity. A fully global employment law does not exist. Instead, local companies are bound to their country’s domestic law.

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Employer Lawfully Focused on Applicants’ People Skills

SHRM Resources

Equal Employment Opportunity (EEO)--Employee Relations Equal Employment Opportunity (EEO) 11th Circuit Relationship ManagementThe school board of Shelby County, Ala., did not discriminate against a black applicant by promoting a white candidate deemed as having superior people skills, the 11th U.S. Circuit Court of Appeals ruled.

Risky Business: Calmer Heads Prevail in Employee Relations

PerformanceICreate

There are a few different profiles when it comes to organizational risk as it pertains to Employee Relations. They expect employee claims and suits to come against them, but that doesn’t move them much. On the other end of the spectrum, you have the risk-averse organizations who would rather die than to be sued by an employee. Employee claims will happen. . Calmer heads in Employee Relations will always prevail. .

Tis the Season for Employment Law Compliance

Tandem HR

With all of the upcoming holidays, employers may be wondering if they are legally obligated to offer employees paid time off for any of them. Is there an employment law compliance or any obligations regarding cultural holidays and religious beliefs? Here’s what business owners need to know: Contrary to popular belief, there are no federal or state laws requiring employers to give paid time off for holidays. Does this law apply to every business?

Denial of Promotion OK’d When Employee Failed Assessment

SHRM Resources

An employer was not liable for age discrimination when it denied a promotion to a septuagenarian who had failed the employer's standard assessment test, according to the 7th U.S. Equal Employment Opportunity (EEO)--Employee Relations Employment Law Employment Testing

AI: Discriminatory Data In, Discrimination Out

SHRM Resources

Equal Employment Opportunity (EEO)--Employee Relations Talent Acquisition Compliance Employment Law Technology--Compliance

4 Labor and Employment Law Changes to Keep an Eye On In 2015

Insperity

There are potential changes to several other employer-related laws that you may need to prepare for. However, regulations regarding exemptions from the act''s overtime requirement, particularly for execu-tive, administrative and professional employees (often referred to as "white collar" exemptions) have not kept up with our modern economy. Right now to qualify for exempt status, employees have to earn $455 a week. Changes in marijuana laws.

Paycheck Protection Program: What to Do if Your Rehire Offer Is Rejected

SHRM Resources

New guidance that helps Paycheck Protection Program (PPP) borrowers with loan forgiveness may lead to a tricky employee relations issue. Employment Offers Employment Law

The Impact of UK’s Shared Parental Leave Law – Ask #HR Bartender

HR Bartender

I recently received a question about the United Kingdom’s Shared Parental Leave law. Simply put – what is it, how does it work, and most importantly how does it impact companies and employees. blog would write about UK employment law, it’s simple. Laws in the UK could easily get proposed in the U.S. Can you give us a brief description of the United Kingdom’s new shared parental leave law? Why was this new law created?

What Star Wars teaches us about employee relations #TheForceAwakens

Ohio Employer's Law

The premier of Episode VII has got me thinking, what can Star Wars teach us about employment law? Let your employees post to Facebook and shop on Amazon. Each offers a real benefit that will help you attract and retain good employees. Employees often view the HR department, and by extension, the employment lawyers that help guide them, as agents of the dark side. Related Stories Should you allow employees to shop online from work?

Employee Access to Payroll Records – Ask #HR Bartender

HR Bartender

Either way, HR and accounting need to partner so employees aren’t confused. My company uses a website to ‘give’ employees electronic access to their paycheck stubs, rather than issue paper. I fear that I will need them in the future months to show employment, for tax purposes, etc. If you have detailed questions, you should address them directly with your friendly neighborhood labor and employment attorney. Are payroll records governed by state law or federal law?

Can Employees Refuse a Pay Increase – Ask #HR Bartender

HR Bartender

I’ve always (jokingly) said that the one thing I can count on is an employee not refusing a pay increase. He said that I need to speak with HR, who said they can’t take the pay increase back because it’s a law in Massachusetts and would look like the company is discriminating against me. Is there any way I can have the company take back the increase OR is there a law in MA that states that once raises are given they can’t be taken back? I’d start with the employee handbook.

Can HR Reopen an Employee Investigation – Ask #HR Bartender

HR Bartender

Sad to say but there’s a spectrum of inappropriate conduct – from conduct that that violates civil rights laws to conduct that violates organizational rules. We also don’t know the type and length of the employee’s medical leave. Charles represents employers nationally in labor and employment law matters and is a member of the firm’s management committee. In many cases, the employee who brings the complaint forward wants to be assured of confidentiality.

Whistleblowers are trying to do the right thing – so why don’t employers support them?

cipHR

Dorothy McKinney explains how employers’ attitudes need to change. HR, and managers more generally, can still be guilty of apathy and confusion – essentially seeing whistleblowing employees as troublemakers who are just trying to assert their own personal agendas, acting in ways that ultimately could make their employment untenable by questioning practices and the authority that has allowed them to happen. Opinion Employee relations Employment law Strategy culture and value

Company Refuses to Reimburse Expenses – Ask #HR Bartender

HR Bartender

I’ve always said never mess with an employee paycheck. I left my employer to take a position in my field. Now they are refusing to reimburse expenses which I incurred during the final month of my employment. To help us understand the nuances in this situation, I’ve asked Kate Bischoff, JD, SPHR , an employment attorney with the firm of Zelle Hofmann. Kate, are reimbursable business expenses considered part of an employee’s wages?

Is this the worst employment law decision of 2017?

Ohio Employer's Law

Raimondo —holding an employer’s attorney for liable for FLSA retaliation against his client’s employee because the employee sued his client for unpaid overtime—I’m thinking of adding the 9th Circuit to my list of tourist stops in San Francisco to see if courthouse resembles a Salvador Dali painting. Raimondo did not deny his role in setting up the sting, and claimed instead that he could not be liable under the FLSA for retaliating against someone who was never his employee.

Handling Your HR Mistakes – Ask #HR Bartender

HR Bartender

Each employee is being given a severance package of 1 week for every year worked. Meyer is a partner in the Labor & Employment Practice Group at the Philadelphia-based Dilworth Paxson LLP. He also serves as Chair of the firm’s #SocialMedia Practice Group, and publishes the blog The Employer Handbook , which was recognized as a top labor and employment law blog by the American Bar Association (ABA) Journal.

Employer Sends Invoice to Former Employee – Ask #HR Bartender

HR Bartender

But after thinking about it, overpaying employees is a serious issue. I recently received a letter from the finance department of my former employer stating that they overpaid my sick leave benefits during my course of employment and I owe them $18,500. It won’t surprise you that this is one of those times when you need to reach out and consult with your friendly employment attorney. First off, the employee has been gone from the company for five years.

Protecting your business from COVID lawsuit liability

Business Management Daily

In addition to disrupting how and where employees work, COVID has created a minefield of potential employer lawsuit liability. State and federal laws require businesses to provide hazard-free workplaces for their employees and safe spaces for customers.

Employees: You Need to Read This

HR Bartender

Take, for instance, the employee handbook. Companies have been writing, printing and distributing employee handbooks for decades. Is there another way to provide employees the same information without killing a bunch of trees? Employee handbooks are time consuming and expensive to produce. And there’s a perception that employees don’t read them. Human resources creates an employee handbook to protect the company. Employees swear they will read it someday.

Five Brexit scenarios that HR teams can plan for now

cipHR

Although the precise details of UK immigration and employment law are still to be determined, there’s plenty that HR teams can do now to support EU-national staff. With the immigration terms of the Brexit transition period recently agreed between the UK and EU, employers and HR teams are now able to start planning for the five employment scenarios that might affect their workers, said Tom Bradford, partner at Freeths , during a CIPHR webinar earlier this month.

The Burden of FLSA, FMLA and ADA

PerformanceICreate

I’ve given a brief overview of three laws that, unfortunately, are often ignored and/or applied incorrectly. Many…most…US employers have to comply with the FLSA. It was born in an era where, quite honestly, US employers took advantage of their employees. Employers, not employees, are required to determine if an employee’s duties are considered “exempt” from overtime.

Turns Out, There Is Political Discrimination and Harassment Too

PerformanceICreate

You see, while I’ve always been an advocate for fair and just treatment of employees, I’m not a huge fan of protecting every little group of folks. Discrimination based on political affiliation or ideology occurs when the employer demonstrates a preference for, or aversion to, employees or applicants belonging to a particular political party or having associates with connections to a particular political party. .

Four pressing challenges facing health and safety teams

cipHR

Taylor noted that the corporate manslaughter regulations, which came into force in 2008 are resulting in prison sentences for staff at organisations found to be in breach of their duty of care to their employees. If you are found to be in material breach of health and safety law, you will have to pay for the time it takes the HSE to identify the breach and put it right,” he said. Advice Employee relations Employment law Strategy culture and values

What employers need to know about serving notice of dismissal

cipHR

Nina Robinson from ESP Law explains the ins and outs of dismissal, from statutory and contractual notice periods to garden leave and working the notice period. In this article, we explore the learning points from that case and explain what employers need to know about serving notice of dismissal on employees. Ms Haywood’s employer informed her that she was at risk of redundancy approximately three months before her 50 th birthday.

Fine, Be a Bigot

PerformanceICreate

Title VII of the Civil Rights Act and numerous other anti-discrimination and harassment laws have, as their main purpose, the intent of prohibiting discrimination and harassment in employment. Regardless of the color of their skin, what god they choose to adore, their age, their marital status, or any number of other protected classes, employees should have a healthy work environment free from disparate treatment.

Workers’ rights in the age of COVID

Business Management Daily

Shortages of personal protective equipment (PPE) and regulator’s reluctance to aggressively enforce workplace safety laws play directly into union playbooks. Employers who overlook these concerns may face the dual dilemma of increased post-COVID enforcement and unionization.

Is Your HR Department the Police Or a Partner?

HR Daily Advisor

For years, when HR was known as “Personnel” and even after, the department was mostly concerned with the mechanics of hiring and paying people correctly as well as making sure that all employees were following the organization’s rules. HR swooped in when an employee was not wearing proper clothes or when someone wore a T-shirt with inappropriate language on it. Even today, HR is often called on to help settle employee relations difficulties.

5 Excellent Tips For Managing Workplace Diversity

Career Metis

In a broad sense, it’s the varied composition of employees in a company. Employees in a company may be diverse, but not included in office processes. Each employee should feel comfortable in an office environment. Above all, collaborate with your current employees.

Marijuana, Opioids and Disability Discrimination: What Employers Should Know

Cisive

In an era where employers are having to plan for changes in workplace drug testing compliance, primarily due to evolving marijuana laws and our nations opioid crisis, another compliance beast continues to rear confuse employers: Disability Discrimination. Employers are prohibited from discriminating against employees with disabilities. Both federal and state laws provide this protection. Equal Employment Opportunity for Individuals with Disabilities.

Notice Deadline Nears for South Carolina Pregnancy Accommodations Law

HR Daily Advisor

South Carolina employers are facing a September 14 deadline to provide notice to applicants and employees related to the new South Carolina Pregnancy Accommodations Act (SCPAA). The new law, enacted in May, applies to all South Carolina employers with at least 15 employees. The law requires employers by September 14 to provide written notice to new employees at the time they are hired.

Alleged Pay Discrimination at Google Makes Marc Benioff and Salesforce Look Amazing.

The HR Capitalist

Here's a rundown from the post : "In a panel at a conference organized by Fortune last week, Marc Benioff, the CEO of the cloud-based software company Salesforce, said that he recently ordered a review of all 17,000employees’ salaries to see if female employees’ pay was in line with those of male employees doing similar jobs. Not only did they change the narrative related to diversity (important, but so it equality, people!), Compensation Employee Relations Litigation

Massachusetts Pregnant Workers Fairness Act Takes Effect April 1

HR Daily Advisor

Massachusetts employers will face new obligations regarding pregnant women and new mothers when the state’s new Pregnant Workers Fairness Act (PWFA) takes effect on April 1. The PWFA requires employers to provide pregnant women and new mothers “reasonable accommodations” both for their pregnancies and for any conditions related to their pregnancies. 151B, which applies to employers with six or more employees. Accommodations Under the Law.

Latest NLRB ‘Microunits’ Reversal is ‘Big Win for Employers’

HR Daily Advisor

The latest National Labor Relations Board (NLRB) decision reversing actions by the Obama-era Board hands employers a win against an organizing tactic that gave unions the upper hand in determining what constitutes an appropriate bargaining unit. Other recent decisions struck a blow against the “quickie” union election rule and reversed a decision affecting employee handbooks and another related to the “reasonableness” settlement standard in single-employer claims.