KPA Blog

HR: Industry Updates

« Older Entries

Unemployed Status – The New Protected Class

Friday, April 27th, 2012

While employment rates show a general trend toward improvement, employers still find themselves inundated with candidates for open positions. So much so that some employers have taken to disqualifying potential applicants by advertising that “the unemployed” need not apply.

In light of this recent development in job advertisements, Congress and several state legislative bodies have started to amend their anti-discrimination laws to add “unemployed status” as a protected class.

Read the full article here:

Unemployed status – the new protected class – Lexology.

Tags: ,
Posted in HR: Industry Updates | Leave a Comment »

NLBR Postpones Posting Requirement for Employee Rights Notice

Wednesday, April 25th, 2012

As of April 17th, 2012, the deadline for  employers to post the Employee Rights Notice has been postponed due to legal action. The April 30 deadline is now on hold pending appeal by the National Labor Relations Board (NLRB) in response to a ruling by the Court of Appeals for the District of Columbia Circuit.  The Court  enjoined the National Labor Relations Board from enforcing a regulation that would have required most private sector employers in the United States to post a notice of employee labor law rights beginning April 30 (Nat’l Ass’n of Mfrs. v. NLRB, D.C. Cir., No. 12-5068, injunction pending appeal 4/17/12).

In response, NLRB announced its regional offices will not implement the disputed rule, but the agency will defend the rule in the D.C. Circuit and plans to appeal an adverse ruling that was issued April 13 by the U.S. District Court for the District of South Carolina.

“We continue to believe that requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law,” Chairman Mark Gaston Pearce said in a statement released by NLRB.
Rule Covers Employers Under NLRB Jurisdiction.

This is the third time the NLRA posting deadline has been set, and then delayed.  If you have already posted the notice or are using a poster that contains the notice you do not have to remove the notice or the poster to  remain in compliance with NLRB requirements at this time, as this posting rule has not been repealed, just delayed.  Employers may also  chose to remove the notice until the final ruling.

Tags: , , ,
Posted in Employee Relations, HR: Industry Updates, Human Resources Management | Leave a Comment »

California Employers Don’t Have to Require Lunch Breaks

Monday, April 16th, 2012

The California Supreme Court has ruled that employers only have to provide meal periods to workers, they do not have to make sure that employees actually take them.

This decision is part of an active class-action lawsuit against Brinkers International Inc, which owns Chili’s and Romano’s Macaroni Grills.

In 2008, a California appeals court sided with Brinker, finding that the restaurant company only had to “make available” the meal and rest breaks, but not “ensure” they were taken. The state’s Supreme Court agreed that employers do not have to police meal breaks but do need to relieve workers of duties at those times.

A commentary about the decision at CBS’s MoneyWatch summed up the ruling as a win-win for employers and workers alike:

“Why is this ruling good for employees and employers alike? Because it treats everyone like grown-ups. Companies aren’t required to pay their employees for breaks of 20 minutes or longer, but are required to pay for shorter breaks… Of course, if an employee does not take a break, the employer must pay for the time worked. (And you can certainly be fired for working off the clock.) ”

While the lawsuit is still working its way through the system, this decision is a welcomed clarification for employers navigating the ambiguities around break and rest periods for wage workers in California.

Tags: , ,
Posted in HR: Industry Updates, Uncategorized | Leave a Comment »

Happy Workers Equals Higher Profits

Monday, February 20th, 2012

Creating a congenial workplace and happy workers is something that most employers at least say they are attempting to do. The real question is- do the various program designed by HR to create happier and more engaged employees actually work to improve the bottom line? Simply stated, is there a real link between happy workers and higher profits? The answer is yes. There is a growing body of research that makes a compelling case that there is high return on investment when the investment is made in employees. The current issue of Harvard Business Review, which includes a series of articles focused on employee happiness, is just one example of the growing recognition that happy, engaged employees are more productive and generate better outcomes for their companies.
The challenge is not to focus just on making employees happy but to create a sense of worth and to help employees understand how their contributions matter. Here are four key area to focus on according to “Creating Sustainable Performance” by Gretchen Spreitzer and Christine Porath (Harvard Business Review, January-February 2012).

  • Allow employees at all levels to make decisions, giving them a sense of control.
  • Let employees know how their contribution fits into the organization as a whole.
  • Hire for civility – employees in a hostile environment are likely to narrow their focus to avoid risks.
  • Give feedback regularly to remove all uncertainty about performance and keep people focused.

Tags: , , ,
Posted in HR: Industry Updates, Human Resources Management | Leave a Comment »

Don’t Miss Tomorrow’s Webinar: California HR Legislative Update

Wednesday, February 1st, 2012

Catch-up on new regulations around employment law that went into effect in 2011, and get a heads-up on the most relevant regulations and legislative trends to watch in 2012. This webinar is presented by John Boggs, the nationally recognized labor and employment attorney and outside counsel to the California New Car Dealer Association.

Specific topics include:

  • Use of Credit Reports for Employment Screening (AB 22)
  • “ Wage Theft” and New Required Disclosures (AB 469)
  • Commission Agreements (AB 1396)
  • Gender Identity Discrimination (SB 887)
  • Independent Contract Misclassification (SB 459)

The presentation will be especially relevant to California, although some national trends will be discussed.

This webinar is scheduled for 9:00 am Pacific time.

 

Learn more and register at this link.

http://go.kpaonline.com/LP=102?elqCampaignId=189s

Tags: , ,
Posted in HR: Industry Updates, Human Resources Management | Leave a Comment »

Employee Rights Posting Postponed Yet Again- Now Required by April 30, 2012

Wednesday, January 18th, 2012

For the second time, the National Labor Relations Board (NLRB) postponed the effective date for posting its employee rights notice. The new date is April 30, 2012. Most private-sector employers including dealerships must post a new notice issued by the NLRB entitled, “Employee Rights Under the National Labor Relations Act.” The poster informs employees of their rights to organize a union, bargain collectively through representatives chosen by the employees and to make efforts to improve the terms and conditions of their employment. The poster requirement was initially scheduled for implementation on November 14, 2011, but was delayed until January 31, 2012, as a result of litigation filed by various organizations.  On December 23, 2011, the NLRB said it would delay implementation to April 30, 2012, in response to a request by a federal court judge hearing  a legal challenge to the poster requirement. However, because this issue remains in litigation, there is a chance that this posting deadline will be delayed at least one more time. Employers who have already posted the notice may take it down or leave it up as they chose at this point.

It is not uncommon for a federal or state agency to  make a rule and then have it challenged in court or even to have the agency delays to seek further comment and clarification.  The Red Flags Rule is a perfect example of multiple delays before the final implementation date was settled on.

If you would like a copy of the proposed Employee Rights Notice go to https://www.nlrb.gov/poster.  KPA’s HR Management clients will find the notice in the “Toolkit Section”.

Tags: , ,
Posted in HR: Industry Updates, Human Resources Management, Labor Unions | Leave a Comment »

West Virginia Auto Dealership Learns Expensive Lesson in ADA Compliance and Meaning of Reasonable Accomodations

Tuesday, December 20th, 2011

A West Virginia auto dealership learned a very expensive, $56,000 plus legal fees, lesson in ADA compliance this month.  The dealership settled a federal disability discrimination lawsuit filed by the U.S. Equal  Employment Opportunity Commission (EEOC) on December  16, 2011.  The EEOC had charged that Jim Robinson Ford-Lincoln-Mercury  unlawfully refused to accommodate the disability of a salesperson and then fired  him.

The EEOC charged that Jim Robinson  Ford fired Bryan Perry because of his disability, a leg condition that affected  his ability to walk, after denying him a reasonable accommodation. Such alleged conduct violates the Americans  with Disabilities Act (ADA).

In addition to the $56,000 in  monetary relief paid to Perry, the three-year consent decree resolving the  lawsuit enjoins Jim Robinson Ford from engaging in any further employment  practice that discriminates based on disability or retaliation. In addition, the decree mandates that the  company will adopt certain procedures and training to enable it to accurately  assess whether disabled employees can perform the essential functions of their  jobs and to identify reasonable accommodations that will assist disabled  employees, according to the EEOC press release.

Under the ADA, if an employer is asked to provide reasonable accommodations to a disabled employee the employee must establish what are truly essential and what are non-essential functions of the job.  This requirement is just one of the many reasons why it is so important for a company to have accurate and complete job description for each position.  Employers are also required to make reasonable accommodations with the intent being to balance good process practices, monetary concerns and the requirements of the job.  The ADA does not provide a specific definition of what is a reasonable accommodation since what is a considered reasonable will depend on the facts and circumstances of a particular situation. Reasonable accommodation may include modifying work schedules, making physical changes to the work site or equipment, adjusting supervisory methods, modifying a workplace policy, restructuring a job, providing a job coach, and/or reassigning an employee to a vacant position for which (s)he is qualified.  Reasonable accommodation does not require lowering performance standards or removing essential functions of the individual’s job.

Director Spencer H. Lewis, Jr., of the EEOC’s Philadelphia  District Office, commented “The  employer must then work to identify a reasonable accommodation for the  employee’s disability. Earnest, interactive  communication with the employee, viewing the purpose of the job and its  functions realistically, and carefully researching and considering options for reasonable  accommodation of the disability are all keys to ADA compliance.”

In  Fiscal Year 2011, the EEOC received a record 99,947 private-sector workplace  discrimination charges, the highest number of charges in the agency’s 46-year  history.

Further  information about this case is available at http://www.eeoc.gov/eeoc/newsroom/release/12-16-11.cfm

To download a free template to create job descriptions go to http://www.kpaonline.com/what-we-do/hr/hr-resources/whitepapers.html

 

Tags: , , , , ,
Posted in DOL, Employee Relations, HR: Industry Updates, Human Resources Management | 1 Comment »

Pros and Cons of Using Credit Reports for Hiring Decisions

Thursday, December 8th, 2011

Background checking (including a drug test) is an important step in the hiring process. Background checking is more about the knowledge you gain to make the right hiring decision rather than “exclusion” based on the results. Employers need to be aware of the legal restriction of using certain information in the hiring process. For example in many states you should not be ordering or using the results of a credit report except in very limited circumstance. This short video discusses the pros and cons of credit reports in the hiring process.

Tags: , ,
Posted in Employee Relations, HR: Industry Updates, Human Resources Management | Leave a Comment »

Getting Ahead of New HR Regulations in 2012- Plan, Prepare and Protect

Wednesday, December 7th, 2011

  The federal Department of Labor (DOL) recently announced that it will significantly change the approach on how it regulates employers’ compliance with certain federal laws. In  2012 the DOL will issue regulations requiring employers to take affirmative steps to ensure compliance with federal wage-and-hour, safety, and anti-discrimination laws. The DOL is moving from the “catch me as you can” approach to regulatory compliance toward a much more proactive enforcement stance with the burden on the employer to “plan, prepare and protect”.  So what’s your plan? Are you prepared? How will you protect? Let’s take it step by step to understand what “plan, prepare and protect” really means.

 

Plan will require employers to create plans and processes that assess and demonstrate compliance with the federal laws.

Prevent will require employers to implement the plans and demonstrate to the workers that the plans are actually in use.

Protect will require employers to designate certain individual at the company to be tasked with implementing plans and evaluating their effectiveness.

The state of California (as usual) isn’t waiting on the federal Department of Labor. There are several new regulations that take effect on January 1 that will require employers to be much more proactive in notification to employees regarding wage and hour.  California employers should be sure to attend tomorrow’s webinar, “California HR Legislative Update” presented by John Boggs, nationally recognized labor attorney.  You can register for the webinar at http://www.kpaonline.com.

 

Tags: , , , ,
Posted in DOL, HR: Industry Updates, Human Resources Management | Leave a Comment »

Unemployment Rate Declines for First Time Since 2009

Monday, December 5th, 2011

The Bureau of Labor Statistics announced on December 2, 2011  that 120,000 jobs were added in November, and the unemployment rate fell to 8.6 percent. This is the lowest rate since 2009. The largest job gains were in  retail trade, professional and business services, health care, and leisure and hospitality.  The Bureau also reported that productivity rose 2.3 percent in the non-farm business sector in third quarter 2011; unit labor costs decreased 2.5 percent (seasonally adjusted annual rates). In manufacturing, productivity grew 5.0 percent and unit labor costs fell 5.1 percent.

If you are an employer who is finally starting to hire again or never stopped due to turn-over at your organization download the free white paper “HR Compliance Checklist” and do a quick self audit of your hiring and other HR practices.   Make sure that you are hiring in a way that protects you from discrimination claims while ensuring you are selecting the best people for your company.

The white paper “HR Compliance Checklist” is available at  http://www.kpaonline.com/what-we-do/hr/hr-resources/whitepapers.html

Tags: , , ,
Posted in DOL, HR: Industry Updates, Human Resources Management | Leave a Comment »

« Older Entries