Monday, February 8, 2016

A labor union filed an Uber-huge representation petition with the NLRB


Politico New York reported last week that International Brotherhood of Electrical Workers, Local 1430, petitioned the NLRB to represent 600 New York area Uber drivers. You can read the representation petition here.

Uber is locked in a battles all over the county with its drivers, defending lawsuits claiming that its drivers are employees for wage-and-hour purposes. This case, however, brought in the most employee friendly forum Uber drivers could possibly find, is the first attempt by drivers to organize. And because of the employee-friendliness of the NLRB, this story has the potential to be absolutely huge.

Friday, February 5, 2016

WIRTW #399 (the “happy” edition)


So we’re in the car Wednesday night, and I mention to the fam that I’m excited because, today, a new Starbucks is opening downstairs from my office. Without missing a beat, and with complete sincerity, Donovan, my 7-year-old, says, “Oh dad, I’m so happy for you.” I love my kids.

Here’s the rest of what I read this week:

Thursday, February 4, 2016

Can an employer prohibit an employee from job hunting during FMLA leave?


Earlier this week, an employee out on FMLA leave posed the following question to the Evil HR Lady:
While I am out for surgery, I was informed of a new job in another hospital. It looks like no one has applied for the position.… Can I apply for this job while I am on leave? What is the consequence of doing so? Can they take my pay back? On one of the FMLA paperwork, it states no job hunting while on FMLA. Is that true? I do not want to be in some legal battle.

Wednesday, February 3, 2016

Now is the time to restore balance to Ohio’s employment discrimination law: Endorsing the Employment Law Uniformity Act


For lack of more artful description, Ohio’s employment discrimination law is a mess. It exposes employers to claims for up to six years, renders managers and supervisors personally liable for discrimination, contains no less than four different ways for employees to file age discrimination claims (each with different remedies and filing deadlines), and omits any filing prerequisites with the state civil rights agency.

Monday, State Senator Bill Seitz introduced Senate Bill 268 [pdf], the Employment Law Uniformity Act. It is a business-friendly attempt at comprehensive reform of Ohio’s employment discrimination statute.

Tuesday, February 2, 2016

The top 10 mistakes employers keep repeating


Today is Groundhog Day, which, because of the eponymous Bill Murray movie, has become synonymous with repeating the same mistakes over, and over, and over…

In that spirit, I thought we’d take a look at the 10 biggest mistakes that employers keep making.

In no particular order:

Monday, February 1, 2016

EEOC proposed significant pay equality changes to EEO-1


If your company has 100 or more employees, you should be very familiar with the federal government’s EEO-1 survey. The EEOC requires that you annually complete and file this form, which requests demographic on your employees, broken down by protected classes and job categories.

Last Friday, the White House made a game changing announcement about the information it proposes you submit in your EEO-1 filings.

Friday, January 29, 2016

WIRTW #398 (the “doorbell” edition)


Someday, Donovan will comb through the archives of this blog and ask, “Dad, you sure wrote a lot about Norah’s music. What about mine?”

So, in the name of equal time and equal pride, I bring you Zombie Fried Chicken, with Donovan on keys (and big sis on drums), doing the White Stripes “My Doorbell.” (Donovan’s song intro, by the way, was totally spontaneous and improvised, and purely adorable).


Here’s the rest of what I read this week:

Thursday, January 28, 2016

Consensus starting to form around reasonable reporting rules for off-the-clock overtime pay


It’s been a few years since the 6th Circuit held, in White v. Baptist Memorial Hosp., that an employer is not liable for unpaid overtime if the employee fails to follow an established, reasonable process for to report uncompensated work time.

Yesterday, following the logic of White, the 5th Circuit reached a similar conclusion:

Wednesday, January 27, 2016

Guest Post: Social Business and HR, Part 2



First, thanks again to Jon Hyman for the chance to write on a different but related topic – Social Business. As I mentioned in Part 1, I’m finding that a surprisingly high percentage of HR folks have not yet tapped into the incredible power of the Social Web. Perhaps this series will be helpful, at least at a high level. Feel free to question or comment in the Disqus form at the end of the post.

In Part 1 of this 3-part series on Social Business, the subject was Online Reputation Management. In this Part 2, the focus will be on Social Business and Internal Communications. We will finish the series in Part 3 with a look at the 3 R’s - Recruiting, Recognition, and Retention and how Social Business amplifies those efforts.

Tuesday, January 26, 2016

DOL doubles down on joint employment under the FMLA


Yesterday, we looked at the DOL’s recent guidance on joint employment under the Fair Labor Standards Act. Simultaneously with its FLSA guidance, the DOL also published guidance on joint employment under the FMLA, and it’s definitely worth you time.

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