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May 04 2012
Hiring

EEOC cautions employers on use of criminal history in employment decisions

The federal Equal Employment Opportunity Commission (EEOC) has issued updated guidance for employers on the use of an applicant’s criminal history, including arrests and convictions, when making employment decisions. The EEOC has long maintained the position that arrest records, unlike criminal convictions, are not reliable indicators of criminal conduct, but an employer may take into…

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Apr 30 2012
Uncategorized

Safety: Make sure safety bonuses don’t discourage employees from reporting injuries

The federal Occupational Safety and Health Administration (OSHA) recently issued a Tips: When OSHA investigators start peeking into your practice of disciplining employees for safety reasons, will they like what they see? The best way to stay out of trouble is to target the unsafe act, not the result of the act. In other words,…

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Apr 20 2012
California

CALIFORNIA: Employers need only provide, not mandate, breaks and meal periods

Tips: While this opinion is great news for employers, it is still important to be wary of any workplace policies or practices that might serve to discourage employees from taking their breaks and meal periods. For more information, see our Legal Guide, “Breaks and Meal Periods—California” (

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Apr 17 2012
Labor Relations

Alert: NLRA rights poster on hold by D.C. appeals court

The District of Columbia Circuit Court of Appeals today issued an order putting the National Labor Relations Board’s new posting requirement on indefinite hold while it considers an appeal of a lower court’s ruling (posting requirement had been scheduled to be effective on April 30, 2012.The decision that is being appealed is a ruling by…

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Apr 16 2012
Labor Relations

NLRA rights poster under fire

A federal district court in South Carolina has ruled that the National Labor Relations Board lacks the authority to require employers to display a poster explaining workers’ rights under the National Labor Relations Act (NLRA) (U.S. Chamber of Commerce v. NLRB, D SC, April, 2012). This decision contradicts a ruling last month by a federal…

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Apr 12 2012
Employee Benefits

Supreme Court hears challenge to federal health care reform law

The U.S. Supreme Court has concluded hearing arguments about the constitutionality of various parts of the federal health care reform law known as the Patient Protection and Affordable Care Act (PPACA). The Court’s decision on the fate of the law is expected by the end of June, when the Court’s current session ends. At issue…

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Apr 06 2012
Hiring

There’s a right way and wrong way to review applicants’ Facebook pages

Recent called for a federal investigation, and Facebook itself has   Reviewing applicants’ social media pages can be useful, but there is a right way and a wrong way to go about it. Here’s what we recommend: Determine the purpose of such a review, because it could affect what sources you check and when. If…

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Apr 03 2012
Uncategorized

When to fire unhappy people

Three Types of People to Fire Immediately. The authors wrote that if you want to have a culture of innovation in your workplace, you need to get rid of people who play the part of victims (I dont get paid enough for this), nonbelievers (this will never work) or know-it-alls (you dont understand the business…

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Mar 27 2012
Uncategorized

SAFETY: OSHA prioritizing whistleblower protection program

The federal Occupational Safety and Health Administration (OSHA) restructured its whistleblowing protection program, in a move that is meant to show how important enforcement has become to the agency. OSHAs Office of the Whistleblower Protection Program will now be reporting directly to OSHAs Office of the Assistant Secretary, David Michaels, who is the head of…

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Mar 21 2012
Labor Relations

NLRA poster requirement okay, but enforcement too aggressive, says court

A federal district court recently upheld the National Labor Relations Board’s new rule requiring employers to display a poster informing workers of their rights under the National Labor Relations Act (NLRA). However, the court said the Board went too far when it issued a one-size-fits-all policy that failure to display the poster would be an…

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Mar 14 2012
Uncategorized

Military leave protections expanded

A new law provides that full-time National Guard duty (other than training) to respond to a national emergency doesnt count toward the general five-year maximum allowable leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This means that if the federal government orders full-time National Guard duty for a domestic homeland security issue,…

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Mar 06 2012
DisabilityHiring

EEOC clarifies stance on use of high school diploma as job requirement

The federal Equal Employment Opportunity Commission (EEOC) has received a great deal of commentary on an clarifying letter to offer further guidance on when employers may require a high school diploma for a particular job position. The EEOC offers several questions and answers, which help flesh out their guidance about when a high school diploma…

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