Blog
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NLRB Quickie Elections on Hold
After a federal court ruled that the Nation Labor Relations Board lacked a three member voting quorum, the “quickie election” rule of the NLRB, which took effect on April 30, is on hold. In response to the court’s decision, the NLRB issued a notice saying that the Acting General Counsel has advised the Regions to revert to the prior procedures and rules, which can in some circumstances give employers a longer time before elections to campaign against union representation. In addition, nothing prevents the NLRB from voting to reinstate the “quickie election” rule with a proper quorum.
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Social Networking Online Protection Act
Introduced on April 27, 2012, the Social Networking Online Protection Act (SNOPA) would prohibit employers from requiring a username, password or other access to online content. If this legislation is signed into law, it would be illegal for employers to request and/or access password-protected sites, pressure employees to provide access by inviting them to social networking pages, and discipline or discharge those employees who refuse to provide access. The American Civil Liberties Union (ACLU) proclaims that requesting such information from applicants and current employees is an “egregious violation of personal privacy” and is urging congress to pass this legislation. On [...]
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A New Definition for the “Newly Hired”
Beginning April 21, 2012, a provision to the Trade Adjustment Assistance Extension Act of 2011 requires employers to include “rehired employees” on new hire reports. A “rehired employee” is any employee who was previously hired by the employer but has been separated from employment for at least 60 consecutive days. Many states have already adopted the federal law changes. For example, employers in the following states must now include an employee’s date of hire or rehire on new hire reports: Alaska, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maine, Michigan, Mississippi, Nevada, New Mexico, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, [...]
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Title VII Protects Transgender Employees
The U.S. Equal Employment Opportunity Commission (EEOC) has recently concluded that discrimination against transgender employees is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. This essentially creates a new “protected class” and is expected to have a significant impact on both private and public organizations. The landmark decision arose in the Macy v. Holder case where a police detective who was born a male and still appeared to be male applied for a position as a ballistics technician. During the hiring process, Macy revealed that he was in the process of transitioning [...]
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ICE Fines Company $1 Million
A Washington State herb grower was fined $1 million and pleaded guilty to felony offenses with five years probation for knowingly hiring undocumented workers. Immigration and Customs Enforcement (ICE) began with an audit of the company’s 300 Form I-9’s. Of the 300 I-9 Forms reviewed, 200 revealed significant discrepancies. In a plea agreement, the company admitted to knowingly hiring undocumented workers in violation of the Immigration Reform and Control Act. Three company executives, including the vice president and general manager, were prosecuted and pleaded guilty to a misdemeanor offense of aiding and abetting in the employment of illegal workers. Employers [...]
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EEOC Guidance: Use of Arrest and Conviction Records For Employment Purposes
On April 25, 2012, the United States Equal Employment Opportunity Commission (EEOC) issued revised enforcement guidance on the extent to which employers may rely on an individual’s criminal history in making hiring or other employment selection decisions. The purpose of the EEOC’s Enforcement Guidance is to consolidate and update previous EEOC guidance documents regarding the use of such information as not to violate Title VII of the Civil Rights Act of 1964. The guidance appears to have many supporters, including the Leadership Conference on Civil and Human Rights. Supporters mention that racial inequities in the criminal justice system only magnify [...]
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NLRB Posting Postponed
The National Labor Relations Board’s (NLRB) rule requiring the posting of employee rights was scheduled to take effect on April 30, 2012. However, due to recent uproar and conflicting court decisions at the district level, the NLRB has decided not to implement the rule pending the resolution of the issues before the court. A new effective date has not been set. We will keep you updated as this ongoing issue persists.
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More Work, Less Pay
Since the height of the recession in 2008, more workers across the nation have been suing employers under federal and state wage-and-hour laws. In fact, the number of lawsuits filed last year was up 32% vs. 2008. Workers’ main grievance is that they had to put in more than 40 hours a week without overtime pay. However, employers say the explosion of lawsuits shows how the 1938 Fair Labor Standards Act (FLSA) has become outdated in an age when most employees want the flexibility to work at home or answer office e-mail while running errands on their free time. Companies [...]
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FLSA Violations Cost Subway Franchisee Over $11,000
A Subway franchisee with over 29 locations in the Tampa Bay, Florida area has been ordered to pay 122 employees over $11,000 in back wages and damages following a U.S. Department of Labor investigation. The results of the investigation done by the department’s Wage & Hour division found violations of the Fair Labor Standards Act’s (FLSA) minimum wage provisions. Employees were not paid for work hours spent taking Subway training courses, which resulted in the minimum wage violations. Under the FLSA, nonexempt employees must be paid at least the federal minimum wage for all hours worked. The full news release provided [...]
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Anne Barnas on Valdosta CEO
HR professional, Anne Barnas, was recently featured on Valdosta CEO speaking about E-Verify and immigration reform! Watch the video here!