By: Rob Parker A recent HR Hotline call brought up an issue we see quite frequently: termination of an employee where poor performance has not been documented. Of course, in these situations, things are always more complicated than they first appear. This was the case in this recent HR Hotline call. Company recently rehired an […]
June 27, 2018 | Category:
NewsMandatory Public Sector Union Fees Ruled Unconstitutional; Violate First Amendment Today, in a 5-4 decision, the United States Supreme Court overturned 40 years of precedent by ruling that mandatory public sector union dues are unconstitutional. The case, Janus v. AFSCME Council 31, U.S., No. 16-1466, overturns the 1977 decision in Abood v. Detroit Board of […]
By: Amy Matthews I once worked with a manager who could never remember his HR-related acronyms. When it came to FMLA, he called it “LOL WTH.” While this seems humorous at the outset, it isn’t funny when it comes to actually working within the parameters of the FMLA rules. What is FMLA? Basically, FMLA applies […]
On June 6, 2018, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum outlining the NLRB’s enforcement position on employee handbook rules following the decision in The Boeing Co., 365 NLRB No. 154 (Dec. 14, 2017). The memo makes it clear that employers can expect less scrutiny and more freedom in […]
In an unanimous decision, the Nevada Supreme Court has finally defined what constitutes “health benefits” for the purpose of paying the lower-tier minimum wage in Nevada. The Court, in MDC Restaurants, LLC, et al. v. Eighth Judicial District Court, 134 Nev. Adv. Op. 41, 2018 Nev. LEXIS 42 (May 31, 2018), determined that employers who […]
A recent case out of Illinois joins a host of cases from other states holding that an employer that disciplines or terminates an employee for inappropriate conduct caused by a disability does not violate the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA). Employers are given wide latitude to develop […]
A Message From the CEO: I’m Stressed Out, But Does the ADA Care? By: Thoran Towler Who here gets stressed at work? Yeah, that’s everyone. Hopefully the stressful periods are few and far between. But what happens if an employee comes to you and says, “I’m stressed at this job and you need to accommodate […]
By: Rob Parker Can an employer force an employee to participate in a workplace investigation? A member recently called our HR Hotline with this dilemma. An accident occurred involving one of their customers on company premises. It was a bad accident and the customer was seriously injured. Before help arrived on the scene, for reasons […]
The Department of Labor-provided forms for Family and Medical Leave Act (FMLA) use are expiring today. Does that mean you no longer have to provide them to employees? Does it mean they are no longer valid? The answer to both questions is no. So what do you do? Department of Labor forms are typically only […]
By: Amy Matthews Hire slowly, fire quickly. This is a saying that has been around for a while, and I always casually toss it at employers like a mantra. In fact, I did this a couple of weeks ago, and the business owner said, “Why?” After some pondering, this is what I told her: Company […]
