Employment

SUPREME COURT SIDES WITH EMPLOYERS, UPHOLDS CLASS ACTION WAIVERS

On May 21, 2018 the United States Supreme Court ruled that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA). The 5-to-4 decision upholds a long held practice, which allowed businesses to stop employees from banding together to file claims for work-related issues. In recent years the National […]

IMMIGRATION AUDITS ON THE RISE

According to U.S. Immigration and Customs Enforcement (ICE), there were 2,282 employer audits opened between October 1, 2017 and May 4, 2018. That is 326 new employer audits opened each month. This is a 60 percent increase from the total number of employer audits opened in the prior 12 months. With an nationwide wave of […]

DISCRIMINATION & OUR AGING WORKFORCE

Despite the enactment of the Age Discrimination in Employment Act (ADEA) over 40 years ago, nearly 2/3 of workers ages 55 to 64 report that their age is a barrier to getting a job. A recent study projected that by 2022 (only 4 years from now), 27% of men and 20% of women ages 65 […]

SALARY HISTORY DOESN’T JUSTIFY PAY DISPARITY SAYS 9TH CIRCUIT

The Equal Pay Act (EPA) prohibits businesses from paying employees of one gender less than the other for equal work. There are exceptions to this general mandate: if wages are determined by a merit or seniority system; a system that bases pay on quantity or quality of work; or a differential based on any factor […]

HEARD IT ON THE HOTLINE

By: Rob Parker Sometimes an employee may become uncharacteristically difficult to work with because he/she is coping with a stressful personal matter.  Sometimes you hire an employee who is difficult to work with from the start and remains that way through the course of his/her employment. So, what do you do if this particularly difficult […]

WHAT’S HOT IN HR

By: Amy Matthews Since we work with people, HR professionals can sometimes be affected by emotions.  Certainly, we are dealing with the emotions of others in most situations. Maybe your CFO and your Accounting Clerk, who were dating on the sly, recently broke up and now the environment is tense.  Employees are complaining. Or, you […]

NLRB REVERSES ON TEST FOR JOINT EMPLOYERS

You may recall last August we told you about legislation making its way through Congress to provide a permanent (and more favorable) definition of the joint employer relationship. The Save Local Business Act is still making its way through Congress. However, in the interim, the National Labor Relations Board (NLRB) has changed it’s position twice […]

COURT RULES TRANSGENDER DISCRIMINATION VIOLATES TITLE VII

Earlier this month, the Sixth Circuit Court of Appeals—which covers Ohio, Kentucky, Tennessee, and Michigan—ruled that employers cannot discriminate against transgender and transitioning employees. Doing so would violate Title VII of the Civil Rights Act of 1964. This case, Stephens v. R.G. & G.R. Harris Funeral Homes, Inc., is the second ruling from a federal court […]

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