Month: July 2017

joint employer

New Bill Latest Effort to Tackle Definition of Joint Employment

The definition of “joint employment” may be heading for another turnaround. Legislation introduced in Congress on July 27 takes aim at a 2015 National Labor Relations Board (NLRB) decision that raised the ire of many in the business community, especially employers that work with franchisees, contractors, and staffing agencies.

New bill latest effort to tackle definition of joint employment

The definition of “joint employment” may be heading for another turnaround. Legislation introduced in Congress on July 27 takes aim at a 2015 National Labor Relations Board (NLRB) decision that raised the ire of many in the business community, especially employers that work with franchisees, contractors, and staffing agencies. The NLRB’s 2015 Browning-Ferris decision broadened […]

back injury

Does Mine Supervisor with Bad Back Have Disability Bias Claim?

Terminated employees who sue often file claims for unlawful discrimination and breach of the covenant of good faith and fair dealing. Recently, the Alaska Supreme Court analyzed how a claim for breach of the covenant of good faith and fair dealing relates to a disability discrimination claim. The court also considered when evidence is sufficient […]

terminated

Theft was Gross Misconduct, but Inconsistencies May Make COBRA Ineligibility Less Clear

When an employee is terminated due to “gross misconduct,” the termination is not considered a qualifying event, and an employer does not have to offer Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage to the ex-employee (or his or her covered spouse or dependents). Neither the statute, legislative history, nor regulations specifically define the term “gross […]

discrimination

‘But No One Got Hurt!’ Is No Defense to Race Discrimination Claims

A number of court cases have illustrated how employers can find themselves in trouble for comments written via email by managers or other decision-makers that indicate an employee’s protected status (e.g., sex, race, age, or taking qualified leave) played a role in the decision to fire them.  But here we present a unique scenario that […]

more

Promoting from within? Take care to ease transition for new supervisors

It may seem a no-brainer for an employer looking to fill a supervisory position to offer the job to one of the nonsupervisory stars in the organization. Promoting from within can be a smart choice for many reasons, but the transition from underling to supervisor also can be problematic if management doesn’t take steps to […]

Why Should Employers Support Moonlighting?

With the growth of the gig economy, more and more employers find themselves with employees who have another job on the side. This might be a part-time job, or it might be a side gig or “side hustle” as it’s sometimes called. For example, perhaps some of your employees also drive for Uber or Lyft, […]

Most Employers Use Social Media to Screen Candidates

Before posting pictures of your late-night revelry or complaints about your job on social media, think again—70% of employers use social media to screen candidates before hiring, up significantly from 60% last year and 11% in 2006.