HRWatchdog

AUGUST 7, 2023

As such, it’s important for employers to be aware of the NLRB’s test for workplace rules and to take it into consideration when drafting and revising their employee handbooks and policies. standard, an employer rule is presumptively invalid if it has “a reasonable tendency to chill employees” from exercising their rights under the NLRA.

Handbook 97

Handbook Policies Exercises Employment Law 97

HRWatchdog

AUGUST 31, 2023

In this episode of The Workplace podcast, CalChamber employment law experts Matthew Roberts and James Ward discuss the National Labor Relations Board (NLRB) ruling in Stericycle, Inc. and Teamsters Local 628, and how it affects California employers’ workplace rules and handbooks. Stericycle, Inc. Roberts says.

Handbook 115

Handbook Code of Conduct Policies Harassment 115

Cisive

JULY 7, 2023

Global hiring initiatives, or the effort by United States-based employers to broaden their recruiting efforts overseas, are not a new phenomenon. In 2017, 70% of U.S. Any employer hiring in the EU must comply with GDPR. These efforts can help organizations understand whether their data is GDPR regulated and ensure compliance.

Hiring Software 117

Hiring Software Recruiting Software Background screening HR Software 117

HR Daily Advisor

JANUARY 9, 2018

In one recent decision that affects most workplaces, the NLRB established a new test for evaluating an employer’s policy, rule, or handbook provision to determine if it will potentially interfere with the exercise of an employee’s NLRA rights ( The Boeing Company, 19-CA-090932 (Dec. 14, 2017)). 14, 2017)).

Exercises 65

Exercises Harassment Employment Law Policies 65

HR Daily Advisor

OCTOBER 20, 2017

.” A narrow exception to the rule exists when the discharge is contrary to fundamental and well-defined public policy as evinced by existing constitutional or statutory law. In other words, an employee cannot be terminated because she refused to violate the law or exercised a statutorily conferred right. July 21, 2017).

HIPAA 74

HIPAA Employment Law Policies Exercises 74

Hppy

FEBRUARY 15, 2021

Is he or she ‘employable’? Be it a specific accounting test or an application development exercise – the latest pre-employment tests contain sections that are dedicated to testing whether an applicant is fit for the specific requirements of the job in question. These agencies are well-versed with recruitment and employment laws.

Aptitude Tests 91

Aptitude Tests Hiring Software Assessment Software Interview Software 91

HRWatchdog

MARCH 17, 2017

March 10, 2017)). Usually, the franchisor licenses its trademark and sets some standards relating to products and quality, but the franchisee is solely responsible for all employment decisions, such as hiring, firing, supervising, paying wages, etc. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content.

Wage and Hour Training 68

Wage and Hour Training ATS Employment Law Exercises 68

Ohio Employer's Law

JUNE 27, 2017

In fact, if you asked me about this strategy, I would advise you about the liberal standard for retaliation (adverse action = any act that would reasonably deter one from exercising their statutory rights), and suggest that contacting ICE would likely subject you to a retaliation claim.

Employment Law 28

Employment Law Exercises Employee Relations Strategy 28

HRWatchdog

SEPTEMBER 18, 2018

The proposed rule recommends that an employer only be considered a joint-employer of another employer’s employees if it “possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine.” Not a member?

Employment Law 62

Employment Law Immedis Exercises Industry 62

HR Daily Advisor

FEBRUARY 2, 2018

” The employee filed suit, alleging his employer interfered with his previously approved FMLA leave and discharged him in retaliation for exercising his right to leave. In support of his lawsuit, he attested that he had complied with all obligations under the Act, as well as his employer’s policies.

Policies 61

Policies Exercises Time and Attendance Handbook 61

HR Daily Advisor

JUNE 11, 2018

In a 2015 decision in a case involving Browning-Ferris Industries of California, the Board changed previous precedent and created a standard that said an employer can be deemed a joint employer of another employer’s employees if it exercises even indirect control over the workers. Impact of Rulemaking.

Employment Law 45

Employment Law Exercises Background screening HR Software 45

HR Daily Advisor

AUGUST 30, 2017

Campbell asked the court to dismiss all of Howard’s claims against him as the individual supervisor, including claims that he had interfered with Howard’s FMLA rights and retaliated against him for exercising those rights. Well, obviously supervisors need to exercise great care when it comes to FMLA compliance.

Sexual Harassment 0

Sexual Harassment Harassment Exercises Employment Law 0

HR Daily Advisor

NOVEMBER 16, 2017

Attend: #MeToo Sexual Harassment: How to Recognize and Prevent Devastating Claims and Workplace Culture Problems , on Monday, November 20, 2017. Employers are strictly liable for sexual harassment by a supervisor if the harassment results in a tangible employment action (e.g., Click here to learn more, or to register today!

Harassment 64

Harassment Sexual Harassment Compliance Training Compliance 64

HR Daily Advisor

APRIL 3, 2017

When an employee’s Family and Medical Leave Act (FMLA) leave is just one of many factors in an adverse employment action, it’s still FMLA retaliation, a federal appeals court has ruled. 16-1471 (March 21, 2017)). The employer approved his request but Roger believed that management was upset with him taking time off.

Employment Law 52

Employment Law Time and Attendance Discrimination Exercises 52

HR Morning

DECEMBER 21, 2017

According to the NLRB’s recent joint employer ruling, two entities must “directly and immediately exercise control over the essential employment terms of another entity’s employees” to be considered joint employers. 156 (2017). 154 (2017). A return to the old standard.

Handbook 47

Handbook Exercises Policies Immedis 47

HRWatchdog

FEBRUARY 20, 2018

Re-emphasis of the prohibition against retaliation for exercising the right to take a protected leave of absence. California’s new ban-the-box law prohibits employers with five or more employees from asking job candidates about any criminal background before a conditional job offer has been made. Not a member?

Background screening 48

Background screening Employment Law Exercises Compliance Training 48

HRWatchdog

AUGUST 24, 2018

Re-emphasis of the prohibition against retaliation for exercising the right to take a protected leave of absence. California’s new ban-the-box law prohibits employers with five or more employees from asking job candidates about any criminal background before a conditional job offer has been made. on Friday, September 7, 2018.

Background screening 48

Background screening Employment Law Exercises Compliance Training 48

HR Daily Advisor

AUGUST 29, 2017

Thus, a public policy wrongful discharge claim will arise only when: The termination violated a policy enabling an employee’s exercise of a statutorily created right. 167 (February 23, 2017). Hence, the doctrine of employment at will remains alive and well in the Old Dominion. See Bowman.). No Bowman Claim for Karina.

Exercises 43

Exercises Policies Employment Law Analysis 43

HR Daily Advisor

MARCH 19, 2018

The hospital immediately sought to dismiss the suit on what might be considered a legal technicality, contending that the nurses’ lawsuit was a meritless claim brought to quell the hospital’s exercise of legitimate “petitioning activity”—i.e., Suffolk Superior Court, 2017). Blanchard, et al.

Employment Law 46

Employment Law Exercises Immedis Report 46

HR Daily Advisor

FEBRUARY 22, 2017

Employer Takeaway. Attorneys and enforcement agencies regularly cite inadequate manager training as a leading cause of employment law violations. Additionally, employers must exercise caution when mixing telework and FMLA leave. Miller , 845 F.3d 3d 821 (7th Cir. Kate McGovern Tornone is an editor at BLR.

Employment Law 46

Employment Law Time and Attendance Report Exercises 46

The Employer Handbook

OCTOBER 30, 2017

Between Skeleboner, other similar phallic October 31 apparel, and the wide array of naughty [fill in the blank] costumes, odds are that someone in your workplace may not exercise the same awesome discretion when coming to work on Tuesday. Then Be Afraid of Halloween from Dan Schwartz at the Connecticut Employment Law Blog.

Employment Law 40

Employment Law Exercises Wellness ATS 40

HR Daily Advisor

MARCH 14, 2018

November 8, 2017). Though it’s unknown how this case will ultimately turn out—and the employer may even ultimately prevail—you should take heed that timing can be a critical factor courts consider in discrimination and retaliation cases of all types, not just pregnancy discrimination cases. ” Kiyoko Rubio v. Christine M.

Discrimination 47

Discrimination Employment Law Time and Attendance Exercises 47

HR Daily Advisor

FEBRUARY 1, 2018

On January 25, 2017, Regional Health received a report from a provider stating that Nicole advised a student patient, “No glove, no love.” The administrative law judge (ALJ) upheld the determination awarding unemployment benefits. Nicole’s Joking Falls Flat. Regional Health appealed the determination.

Policies 43

Policies Employment Law Exercises Report 43

Accurate Background

FEBRUARY 6, 2023

Global hiring initiatives by United States-based employers seeking to broaden their recruiting efforts overseas, are not a new phenomenon. Although global hiring has expanded significantly since the pandemic in 2020, the direction of building teams abroad has been an initiative for employers long before. In 2017, 70% of U.S.

Hiring Software 52

Hiring Software Recruiting Software Background screening HR Software 52

HR Daily Advisor

JANUARY 22, 2018

According to Pella, William did not suffer from a “serious health condition” that entitled him to FMLA leave, did not adequately advise the company that he might need FMLA leave, and did not attempt to exercise his FMLA rights. October 20, 2017). The minute details of the FMLA continue to befuddle employers.

Time and Attendance 46

Time and Attendance Employment Law Report Certification 46

HR Daily Advisor

JULY 27, 2018

In its decision in The Boeing Company on December 14, 2017, the NLRB reassessed its standard for determining when a workplace policy or rule violates Section 7 of the National Labor Relations Act (NLRA). Category 1: Rules that Are Generally Lawful.

Handbook 61

Handbook Background screening Policies Exercises 61

HR Daily Advisor

FEBRUARY 9, 2017

Alexander sued, alleging that Kellogg interfered with his FMLA rights and retaliated against him for exercising those rights. To succeed on an interference claim, an employee must show that the employer knew he needed leave and denied him that leave. Employer Takeaway. points and was fired. Appeals Court Weighs in. LLC , 725 F.3d

Policies 40

Policies Background screening Time and Attendance Exercises 40

HR Daily Advisor

NOVEMBER 27, 2017

Larry sued FedEx, claiming it violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) when it miscalculated his pension. he was fired for exercising his right to take military leave and for complaining about his pension calculations). May 10, 2017). Court’s Ruling. Kenneth Savage v. Bottom Line.

Compensation 43

Compensation Policies Discrimination Employment Law 43

HR Daily Advisor

FEBRUARY 12, 2018

The court indicated that based on the plain language of the constitutional amendment, the city was entitled to enact its minimum wage ordinance under the constitution, but the legislature was entitled to exercise its power to preempt local governments’ ability to enact minimum wage ordinances. 3d DCA, 2017). 3D17-705 (Fla.

Employment Law 40

Employment Law Exercises Policies Course 40

Ohio Employer's Law

APRIL 17, 2017

The fact that Plaintiffs could (and did) work for CTG’s business rivals and transport personal clients while simultaneously maintaining their franchises without consequence suggests, in two respects, that CTG exercised minimal control over Plaintiffs. Plaintiffs also exercised considerable discretion in choosing when and where to drive.

Planning Tools 35

Planning Tools Exercises Employment Law Groups 35

Ohio Employer's Law

FEBRUARY 26, 2016

9 simple steps to drafting a bangin’ EEOC Position Statement — via Eric Meyer’s The Employer Handbook Blog. via Dan Schwartz’s Connecticut Employment Law Blog. EEOC Loses Battle, But Maybe Not The War, Over Wellness Programs — via Employment Essentials. via Michigan Employment Law. via FisherBroyles.

HR Software 28

HR Software Employment Law Handbook Discrimination 28

HR Daily Advisor

NOVEMBER 22, 2017

Day & Zimmerman argued that sending the letter wasn’t an adverse employment action, even though it identified Stan and his ADA charge. 15-cv-1416 , August 22, 2017. Koenig, a contributor to New Mexico Employment Law Letter , can be reached at barbara@frjlaw.com. . Day & Zimmerman NPS, Inc.,

Discrimination 43

Discrimination Background screening Exercises Hiring 43

HR Daily Advisor

AUGUST 16, 2017

At any rate, establishment of such a relationship is a highly factual exercise. So, if the “if” is just that—a big if—why is this technicality important for employers to get right? 9, 2017)), an employer denied an employee’s request for FMLA leave to care for his grandfather. In a recent 2 nd circuit case, Coutard v.

Compliance 50

Compliance Exercises Employment Law Policies 50

HR Daily Advisor

AUGUST 13, 2018

In January 2017, however, she claims her managers told her she had to stop wearing the hijab or be fired because they were concerned about the safety implications if the head garment was grabbed or pulled. Keseandra Brooks was an employee at Hanover Health and Rehabilitation Center in Mechanicsville, Virginia.

Policies 53

Policies Discrimination Exercises Compliance 53

HR Daily Advisor

JULY 3, 2017

Second, he claimed that the disciplinary suspensions constituted retaliation for his exercise of FMLA rights. The court noted that to prove an interference claim, an employee must at least show that his employer interfered with, restrained, or denied his exercise of or attempt to exercise FMLA rights and the violation caused him harm.

Time and Attendance 53

Time and Attendance Policies Exercises Certification 53

HR Daily Advisor

MAY 1, 2017

This decision is an important reminder that employees have the right to share employment-related information with one another and that even nonunion employers are subject to certain provisions of the NLRA. NLRB , March 24, 2017, Pillard, C.). Banner Health System v. Nancy R.

Background screening 56

Background screening Interview Software Hiring Software Policies 56

HR Daily Advisor

SEPTEMBER 28, 2017

Bar none, the Family and Medical Leave Act (FMLA) is the hardest employment law to administer for employers and the easiest to abuse by employees. That double whammy often results in frustrated employers making rash decisions, which, of course, lead to lawsuits. Interference Claim. Learning from Our Mistakes.

Certification 50

Certification Policies Employment Law Immedis 50