Month: July 2013

Are You Creating “Thirsty” Learners Who Are Engaged in Training?

“There’s an age-old saying that ‘you can bring a horse to water, but you can’t make it drink,” says AmyK Hutchens, CEO of amyk inc. (www.amyk.com), a business strategy firm. Similarly, “you can’t force people to learn, but you can get them excited about it. You can get them thirsty. When they’re thirsty, they’ll drink.” […]

Special from Chicago—SHRM Annual Conference and Exhibition – ‘Hey, That Violates My Free Speech Rights!’ (Sorry.)

For companies in the private sector, the employer determines whether there is an expectation of privacy, says Attorney Jonathan Segal, and unwary employers may create the right to privacy if they are not careful. (Government employees generally have a constitutional right to a higher level of privacy than those in the private sector.) Employers can […]

Potential deal in works to fill NLRB seats

by Tammy Binford With the clock ticking on the term of the only confirmed member of the National Labor Relations Board (NLRB), reports are circulating that President Barack Obama will send two new nominees to the Senate and abandon his two previous appointees, who face opposition because of their disputed recess appointment status. On July […]

Look out―here comes GINA!

by Craig L. Olivo and Hilary L. Moreira The Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating in any term or condition of employment based on employees’ or applicants’ “genetic information.” It also prohibits you from requesting, requiring, or purchasing genetic information (with narrow exceptions). GINA was passed by Congress out of concern that […]

NLRB and Social Media Policies: Are You in Violation?

Social media policies have come under scrutiny from the National Labor Relations Board (NLRB), primarily in relation to an employee’s rights to conduct concerted activity. This right is protected by the National Labor Relations Act (NLRA) Section 7. The problem is, the NLRB’s recent interpretations have been so broad that you may not even have […]

4 HR Misconceptions Your Managers Believe

Yesterday’s Advisor featured popular SHRM speaker and attorney Joseph L. Beachboard debunking 9 popular HR urban legends. Today, he debunks 4 more, plus we introduce the training program for those with no time to train. Beachboard made his remarks at SHRM’s Annual Conference and Exhibition, held recently in Chicago. He is a shareholder in the […]

13 Urban Legends of Employment Law Debunked

It’s time to debunk many of HR’s urban legends, says popular SHRM speaker, attorney Joseph L. Beachboard. These misplaced beliefs can only encourage laws Beachboard made his remarks at SHRM’s Annual Conference and Exhibition, held recently in Chicago. He is a shareholder in the Los Angeles and Torrance, California, offices of law firm Ogletree Deakins. […]

Summer Intern Gets Fired Over Fake Pilot Names

Earlier this summer, we wrote about a new anchor who was fired for swearing on the air. In his defense, it was the young anchor’s first day on the job, and he didn’t know his microphone was on. The blunder quickly spread on social media, and thanks to quick action on the part of the […]

Q&A on the Intersection of ADA and OSHA

Employers have an obligation to keep employees safe. They also have an obligation to meet all other legal requirements while doing so. This statement seems simple enough, but it can become complex in a hurry. For example, is an employer potentially violating the ADA by forcing employees to undergo medical screenings that may uncover safety […]

Exempt employees in California: The professional exemption

Exempt employees in California must meet specific requirements. First, they must be paid on a salary basis, and the pay must be at least twice the California minimum wage. In addition to meeting the salary requirements, each type of exemption has its own job duty requirements that must be met for an employee to qualify. […]