Topic: Employment

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 »

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 »

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 »

Employee Tax in 2013: Prepare for Changes in Payroll, Income, and Medicare Taxes

Happy new year? On January 1, 2013, taxes go up for most employees, and the burden is on employers to make sure the money gets to Uncle Sam. That leaves just one short month to prepare for these three changes: 1. Expiration of the payroll tax holiday: “The 2 percent payroll tax cut enjoyed in… Read more »

Workplace Discrimination: Latest Need-to-Know from JD Supra

We welcome one of our newest JD Supra contributors — the Equal Employment Opportunity Commission — with a roundup of recent updates on workplace discrimination and related legal issues. For your reference: ATK to Pay $100,000 to Settle EEOC Race Discrimination Case (U.S. Equal Employment Opportunity Commission): “Alliant Techsystems, Inc. (ATK), a Minnesota-based company that… Read more »

Health Care Reform Is Here to Stay – Are You Ready?

“For employers and plan sponsors that have been adopting a ‘wait and see’ approach before focusing on compliance with the Patient Protection and Affordable Care Act (PPACA), the time to wait is over. PPACA’s insurance mandates, market reforms, and employer requirements generally will move ahead as scheduled, with most of PPACA becoming fully effective just… Read more »

Firing Up on the Job Can Still Get You Fired: What New Marijuana Laws Mean for Employers

[Editor’s note: for full effect you might consider playing the song embedded below as you read the latest on this buzzing topic.] On November 6 of this year, voters in both Colorado and Washington approved initiatives to legalize the possession and use of small amounts of marijuana. What do the new laws mean for employers… Read more »

5 Tips for Navigating the Employee References Minefield

 True or false: When asked to give a reference for a terminated employee, you should provide only the person’s name, dates of employment and, if asked, salary level? True. Furnish just about any other information and – assuming it’s negative – the former employee could sue your company for, among other things, defamation. (Fisher &… Read more »

Tax News: Want to Help Sandy Relief Efforts? Here Are 3 Tax-Exempt Ways

“Because Hurricane Sandy has been designated a qualified disaster for U.S. federal tax purposes, certain payments made by employers and others to assist disaster victims will be considered qualified disaster relief payments and thus can be excluded from taxable income.” (Proskauer) Employers and small business owners who help victims of Hurricane Sandy deserve a break,… Read more »

Hurricane Sandy Aftermath a HR Nightmare for Workers and Their Employers

“Natural disasters like Hurricane Sandy can create a host of employment challenges for employers, from wage-hour concerns to employee leave and employee safety.” (Schnader) As the country begins to understand the profound damage wrought by Hurricane Sandy, those folks who managed to make it through relatively unscathed are finding a new nightmare in the wake… Read more »