Public Disclosure by Former Employees: Could the Goldman Sachs Nightmare Happen to You?

May 17, 2012 at 9:00 pm by: New York Employment Law Letter

by Peter A. Jones

Few would question that the world has changed. Collectively, social media, unlimited Internet access, and a shift in the way news is gathered and reported have created a different and challenging environment when employees go “public.” Indeed, the very definition of what constitutes “news” is constantly evolving, as is the news cycle. The recent public resignation and simultaneous publication of an op-ed article in the New York Times by former Goldman Sachs executive Greg Smith illustrates some of the risks that this changing dynamic can pose for employers.

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Workplace Dress Codes and Employment Law

May 15, 2012 at 9:00 pm by: Tammy Binford

Dress Codes at WorkBecause styles and new thinking about what’s acceptable attire in the workplace are ever changing, HR professionals continue to struggle with dress codes. Expectations of professional appearance differ among, and even, within professions. Some HR pros have found that allowing supervisors or department heads the ability to establish and enforce dress codes works better than a one-size-fits-all approach.

HR Insight – practical, how-to tips on how to manage your workload and workplace better

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Moms Know There’s More to a Job Than Just the Job

May 10, 2012 at 9:00 pm by: Tammy Binford

Working MotherDo you have any moonlighters in your workforce? Maybe you have an accountant moonlighting as a van driver or facilities manager. Maybe you have a computer operator moonlighting as a CEO, or even a CEO moonlighting as a computer operator.

Such pairings may not sound likely, but when you consider that working mothers perform one job at work and an array of other jobs off the clock, it’s almost like they’re moonlighting in a long list of occupations.

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Benefits Other Than Health Insurance Survey 2012

May 3, 2012 at 9:35 am by: Wendi Watts

Employee benefits other than wages have evolved over the years as companies look for new ways to retain good employees, boost employee morale, and encourage employee loyalty. Each year, we at HRHero and BLR survey our readers to find out what benefits they offer and how their benefits plans are decided and change to fit their company and workers.

The benefits most often offered by our survey’s respondents include the following: Continue Reading »

Health Care Insurance Reform’s Fate in Supreme Court’s Hands

May 2, 2012 at 9:17 am by: Jessica Webb Ayer

By Jessica Webb-Ayer, J.D., BLR Attorney Editor

The U.S. Supreme Court recently heard oral arguments on challenge to the massive health care insurance reform law, the Patient Protection and Affordable Care Act (PPACA), enacted March 2010. Although there’s no crystal ball to tell us how the justices will inevitably rule, the oral arguments did provide a few takeaways about the future of health care insurance reform.

Timing
On the first day of arguments, the justices heard oral arguments about whether it’s too soon to decide the case because of the Anti-Injunction Act (AIA), a federal law that requires a tax to be collected before it can be challenged in court. Beginning in 2014, the PPACA’s individual mandate would require most individuals to obtain health care insurance or pay a fine. Although the justices’ views on the other issues in the case may be hard to determine by their questions during the oral arguments, most analysts agree that they seemed to be very skeptical regarding whether the AIA applied to the case.

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Fueling Change: What Employers Can Do To Ease Employee Pain at the Pump

May 1, 2012 at 9:00 pm by: Tammy Binford

Helping Employees Deal with Gas PricesEmployers and employees have seen gas prices rise to alarming levels, then ease a bit only to head back up again in a seemingly endless cycle. While pump prices hover in the $3 to $4 range, forecasters hint that $5 a gallon or higher prices may be in the future. The direction gas prices will go next is anyone’s guess, but one thing is certain. Pain at the pump is here to stay. The last time the average price of gas in the United States was less than $3 a gallon was in December 2010.

Employers react in a variety of ways. Some may informally allow more telecommuting without making major policy changes. Others may institute compressed workweeks, facilitate employee carpools, offer mass transit incentives, or take other steps to help.

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Obesity: Big ADA Problem for Employers

April 26, 2012 at 9:00 pm by: Louisiana Employment Law Letter

by Jennifer L. Anderson

A federal court in New Orleans recently paved the way for the Equal Employment Opportunity Commission (EEOC) to move forward with an Americans with Disabilities Act (ADA) lawsuit on behalf of a severely obese employee. Whether obesity is a disability under the ADA and what an obese employee must prove to win her case are issues that have generated controversy and resulted in conflicting court decisions over the years. The EEOC’s case is governed by the ADA, under which the definition of “disability” is interpreted more narrowly than it is under the current version of the law, the ADA Amendments Act (ADAAA). Nevertheless, the recent ruling out of New Orleans adopts an interpretation that makes it easier for an obese employee to pursue an ADA claim under either standard.

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Exit Signs: Employers Should Learn Lessons from Departing Employees

April 24, 2012 at 9:00 pm by: Tammy Binford

Job hunters are seeing glimmers of hope as the economy shows signs of rebound. Economic recovery is good news for everyone, but the downside for employers is that they may see some of their valuable employees taking advantage of an improving job market by looking for opportunities in new workplaces.

When good people move on, their old employers don’t have to take the loss without realizing a benefit. Exit interviews can provide that benefit in the form of information that can help employers make recruiting, hiring, and policy decisions that will keep them attractive to current and future employees.

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Surviving an OSHA Inspection

April 19, 2012 at 9:00 pm by: Alabama Employment Law Letter

by John Hall

When your friendly Occupational Safety and Health Administration (OSHA) inspector comes a-knockin’, it’s usually too late to get your house in order. Here are some dos and don’ts to prepare you for an OSHA inspection and minimize your chances of citations.

Preparation is your best defense
Don’t wait until OSHA is at your door to prepare for a site inspection. The head-in-the-sand approach is not a good idea. Efforts to fix or hide potential problems ahead of the compliance officer’s walk-through of your facility are unlikely to succeed. Some employee will be all too happy to point out that a “problem” machine was taken offline before the area was inspected. While you can stall an inspection by, for instance, requiring a warrant, don’t expect enough time to create injury and illness records, training records, or documentation of required safety programs (e.g., lockout/tagout and hazard communication).

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Understanding Employees with Bipolar Disorder

April 18, 2012 at 6:00 am by: Tammy Binford

Bipolar DisorderIt may seem like an easy decision to fire an employee who is disruptive at work, shows up late or not at all, and keeps coworkers on edge all the time. It’s also an easy decision for an employer to go to great lengths to hold on to an employee who is talented, creative, passionate, and productive. So how should employers handle employees who are both troublesome and valuable?

That’s the dilemma posed by some employees with bipolar disorder, a condition characterized by moods that go from extremely good to exceptionally bad. Individuals with bipolar disorder are sometimes disciplinary nightmares. But employers that have an understanding of the condition are in a better position to avoid the problems and take advantage of the strengths such employees bring to the workplace.

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