Monthly Archives: December 2012

Workplace Issues: Latest Need- to-Know Employment Law News

What’s new in the world of employment law? Quite a bit, actually: employee privacy, ADA and ADAAA issues, theft of trade secrets, vacation policies, ERISA-related matters, social media in the workplace, FMLA leave, right-to-work laws, NLRB and EEOC activity, E-verify laws, wage-hour issues, background check approvals, and much more. Here’s a roundup of recent labor and… Read more »

2012 In Review – The Most Popular Small Business Support Posts of the Year

As we look back at the most-read stories of the year, three issues quickly rise to the top: Technology in the workplace, especially employee use of social media (both on and off the clock), Health care reform and how to comply with the new rules, and Day-to-day employment matters, from hiring to firing and just… Read more »

So Much For Tradition – NLRB Overturns 50 Years of “Dues Checkoff” Precedent

“Going forward, the NLRB will no longer allow employers to unilaterally discontinue checkoff when the contract expires or terminates. The result: Employers subject to checkoff must keep a steady stream of union dues open and flowing to the unions that represent their employees, even though the union contract has expired.” (Davis Wright Tremaine) The National… Read more »

Employers Must Update Background Check FCRA Forms by January 1, 2013

Businesses that use consumer credit reports and background checks to evaluate candidates and employees must begin using the Consumer Financial Protection Bureau’s new Summary of Rights form by January 1, 2013. The Fair Credit Reporting Act (FCRA) requires employers both to disclose their intent to request consumer reports, and to obtain authorization for doing so.… Read more »

New Year Brings New California Employment Laws

California employers and HR managers take note: the winds of change are blowing in your state, and they’re headed right for your employment practices… On January 1, 2013, a broad range of new and revised labor regulations go into effect. Here’s a look at nine of them: 1. Written contracts for employees on commission: “Beginning… Read more »

Social Media in the Workplace: What’s Your Company’s Policy?

Employee social media use – on and off company time – can create havoc for unwary employers. What to do about it? A good first step: watch these two videos on social media policies and procedures in the workplace. The first features labor attorney Eric Kinder (Spilman Thomas & Battle), who looks at some of… Read more »

Doctor, Doctor, Gimme the News: Which Healthcare Reform Laws Go into Effect Soon?

“Many employers have failed to invest much time or energy into analyzing how healthcare reform would impact their businesses, first anticipating that the Court would invalidate much or all of ACA, and then hoping for a Mitt Romney victory in November. Now that the uncertainty has been lifted, it’s time to get to work and… Read more »

Supreme Court Could Have Final Word on Who is a “Supervisor”

Late last month, the Supreme Court heard oral arguments in Vance v. Ball State, a racial harassment lawsuit that could have a significant impact on employer liability in harassment cases. From Pete Land and Gwendolyn Morales of law firm Franczek Radelet: “The Vance case offers the Supreme Court the opportunity to resolve a circuit-split regarding… Read more »

Small Business Taxes: Five Ways to Prepare for Taxmageddon

The end of year is coming, and – if our representatives in Washington continue their shenanigans and political posturing at the edge of the fiscal cliff – it will bring major changes to small business tax laws. As a business owner what can you to protect your interests? Here are five considerations: 1. Convert your… Read more »

3 Cheers for Holiday Parties! 5 Rules for Limiting Employer Liability!

Throwing a company holiday party? You’ll want to establish some ground rules. Of course, we have our own such “guidelines” – gleaned from years of experience – for making sure things don’t get out of hand: clear out the mistletoe. Lock up the supply closets. Unplug the self-tweeting Xerox machine. Don’t let that tall guy… Read more »

California Employers: Are Your Commission Compensation Plans in Place?

If you have employees in California working on commission, take note. As of January 1, 2013, revisions to the state’s labor code require you to have written contracts with each commissioned worker, setting forth the ways in which compensation will be computed and paid. Three things to keep in mind when updating and drafting your… Read more »