Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

What Are the Employee Privacy Laws in California?

In a CER webinar titled “HR’s Monitoring Rules and Rights In California: Master E-mail, IMs, Blogs, and Social Networking,” Marc Jacuzzi outlined what is included in e-monitoring and explained the employee privacy laws at the federal and state level for California. Here are some basics.

Stay one Step Ahead of DOL’s Misclassification Efforts

What do short stories by O. Henry and independent contractor analysis have in common? You’re left guessing the outcome until the very end, says attorney Deanna Brinkerhoff. DOL is cracking down on classification, and that makes it a good time to evaluate your organization’s classification decisions. DOL estimates that 30 percent of employers misclassify some […]

Beware Clever New Unionization Tactics—Contractor Conversion and Packaged Deals

Clever unionizing tactics such as changing independent contractors to employees and presenting employers with package deals are part of the new labor landscape, says attorney David Fortney. Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of Federal Employment Law Insider. He made his remarks about new […]

NLRB’s Disputed Poster Rule Delayed Again

The National Labor Relations Board (NLRB) is again delaying implementation of its rule requiring most employers to display a poster explaining employee rights under the National Labor Relations Act. The delay comes at the request of the federal court in Washington, D.C., that is hearing a legal challenge regarding the rule. The new implementation date […]

DOL Rule Would Authorize More Wage-and-Hour Scrutiny on HHAs

An industry that’s no stranger to government scrutiny and suspicion has the promise of more oversight … and costs. DOL’s Wage and Hour Division (WHD) recently proposed expanding the reach of its minimum-wage and overtime requirements to cover more home health care and other home care workers – the folks who work with the elderly […]

White Collar Exemptions = Legal Gray Areas

Yesterday, we gave you the background on a recent court case involving the classification of social workers as exempt. Today, the court’s rationale for concluding that the workers should have been getting overtime pay.

Productivity Is Not a ‘Social Media’ Issue

Some managers want the productivity losses from social media activity at work to be a tricky “social media” issue, but it’s not, says attorney Molly DiBianca. “It’s a simple management issue, just like somebody taking too many cigarette breaks. The supervisor or manager has to enforce rules and impose discipline if necessary.” DiBianca, who is […]

HR Daily Advisor Year in Review

The HR Daily Advisor community of over 200,000+ HR professionals has spoken. Here are the most popular articles on the HR Daily Advisor website in the last year just in case you missed them. 5 Dumbest Management Concepts—Is HR One of Them? “It’s a truism that nothing is certain in this world except death, taxes […]

Watch Out for Exemption Misclassifications in California

It’s important to be sure you properly classify jobs as exempt if you’re asserting an exemption to the overtime pay requirements of the federal Fair Labor Standards Act (FLSA). That message was reinforced by a recent decision of the Ninth Circuit Court of Appeals (which includes California) in which the court concluded that state social […]

Social Media Affecting (Infecting?) HR in Many Ways

Social media. It’s affecting—or is that infecting—a lot of HR’s territory from recruiting to productivity to community. In today’s Advisor, attorney Margaret (Molly) DiBianca sorts out the key elements for your social media policy. DiBianca, who is with Young, Conaway Stargatt & Taylor LLP in Wilmington, Delaware, offered her tips at the BLR’s Advanced Employment […]