Monthly Archives: January 2013

What’s Next for the National Labor Relations Board? [Video]

For employers, a brief look at the implications of the recent DC circuit court determination that President Obama’s January 2012 recess appointments to the National Labor Relations Board were unconstitutional. Key takeaways: Ruling could invalidate hundreds of NLRB actions made since January 4, 2012 Impact of the decision will likely take months to be felt… Read more »

5 Tips for Running an Effective Workplace Investigation

“Workplace investigations have become more important for reasons of productivity, personnel management, and litigation avoidance. Moreover, the range of matters that are the subject of investigations has become broader, and there is greater potential liability for mistakes during investigations.” (Ogletree Deakins) Internal investigations are an important HR tool for sorting out workplace disputes, allegations of… Read more »

BREAKING: Obama’s NLRB Recess Appointments Ruled Unconstitutional

The DC Circuit Court of Appeals issued a ruling earlier this morning that calls into question hundreds of National Labor Relations Board decisions issued in 2012. Douglas Hass of law firm Franczek Radelet explains: “The U.S. Court of Appeals for the D.C. Circuit ruled this morning that President Barack Obama’s January 2012 recess appointments of… Read more »

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

Employee social media use, overtime laws, worker classification rules, workplace discrimination, union bargaining, confidentiality, H1-B visas, noncompetes, and employee handbooks … but a few of the issues in this latest roundup of commentary and analysis from labor and employment attorneys on JD Supra. For your reference: The NLRB’s Year In Numbers: FY 2012 (Franczek Radelet… Read more »

OSHA Regulatory Agenda Targets Recordkeeping Requirements, Injury Prevention, and Whistleblower Protection

In late December 2012, the Occupational Safety and Health Administration (along with other federal agencies) published its semi-annual agenda detailing the current and planned regulatory focus of the agency. For your reference, here’s a look at three key items: 1. Reporting and recordkeeping requirements: The agency is “revising list of industries that are partially exempt… Read more »

Are Vegans Protected in the Workplace?

Here’s something to chew on: are vegans protected for their beliefs in the workplace? Thanks to a recent federal court ruling, we should be able to find out. The background, from labor attorney Maria Greco Danaher of law firm Ogletree Deakins: “Sakile Chenzira, a confirmed vegan, was … was allowed to forego [for more than… Read more »

Small Businesses Get One More Year to Offer Tax-Free Investments

“Among the taxpayer-favorable aspects of the American Taxpayer Relief Act of 2012, the 100 percent exclusion from gross income of gain on the sale of Qualified Small Business Stock (QSBS), provided for in section 1202 of the Internal Revenue Code, was extended for an additional year. Therefore, gain from the sale of QSBS purchased during… Read more »

Next Steps? What Employers Need to Know About Healthcare Reform [Video]

From law firm Warner Norcross & Judd, a look at what are currently the most pressing Healthcare Reform issues for employers and HR managers: Women’s preventive health care Summary of Benefits and Coverage (SBC) Reporting insurance coverage costs on W-2s Limits on Flexible Spending Account contributions Retiree prescription drug plans Medical loss ratio rebates Medicare… Read more »

Commissioner @ChaiFeldblum Offers Her Perspective on the EEOC’s Strategic Enforcement Plan

From the Corporate Law Report, the first of what we hope will be many insightful pieces on the Equal Employment Opportunity Commission and US labor law from Chai Feldblum, EEOC Commissioner and former Georgetown Law professor: “The Equal Employment Opportunity Commission (EEOC) enters the New Year with the wind at its back. Following the enactment… Read more »

NLRB Rules Witness Statements Are No Longer Confidential

“In yet another reversal of longstanding, bright-line precedent, the National Labor Relations Board (NLRB or Board) has changed dramatically the rule applicable to employers in responding to union information requests seeking employee witness statements collected during a workplace investigation.” (Ogletree Deakins) Since 1978, the National Labor Relations Board (NLRB) allowed employers to maintain the confidentiality… Read more »

Fired for Being Too Attractive? Iowa Supreme Court Says It’s Legal

“Christmas came a few days early for Iowan employers, when the Iowa Supreme Court ruled that a male employer acted legally when he fired a female employee because he had become irresistibly attracted to her – a situation the employer’s wife, also an employee, found objectionable.” (Mintz Levin) Melissa Nelson had been Dr. James Knight’s… Read more »

5 Small Business Resolutions For the New Year

Still drafting your new year’s resolutions? Consider the following suggestions from labor and employment lawyers on JD Supra. Think of them as five ways to keep the “happy” in “Happy New Year 2013”… 1. Clean up your workplace policies: “You have cleaned out your fridge and the cupcakes, cookies, Christmas candy and potato chips are… Read more »