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State-to-State Conflicts in Employment Law

by Mark I. Schickman The National Labor Relations Act (NLRA) lists as one of its purposes the creation of a uniform national labor policy. That might have been the thought nearly 80 years ago when the NLRA was enacted, but it is the furthest thing from the truth today — as state-to-state conflicts in employment […]

Ban the Box Compliance

In yesterday’s Advisor we began to explore ban the box laws. Today, more on that topic.

‘Victory’ in Court Is Always a Little Bitter

In employment law cases, “Victory in court is always a little bitter when the costs of achieving it are factored in,” says attorney Russell Adler. He was referring in particular to the potential dangers of giving references. Adler, who practices labor and employment law at WolfBlock, made his remarks on workforce.com. His advice: “Stay out […]

Compensation: Can We Insist on Salary Confidentiality?

As a result of an upcoming merger, we are going to have a lot of situations in which there is a disparity in salaries. We have a plan for addressing that over a period of three years, but in the meantime, I would like to institute a policy that prohibits employees from discussing their salaries […]

Health Reform Will Spawn More Audits, Lawsuits and Liability, Expert Predicts

Government audits, participant lawsuits and the dreaded play-or-pay rule could heap liability and risk on employer plans, all as a result of the reform law that was just affirmed by a majority of the U.S. Supreme Court. Employers must take into account new liabilities when they move workers to part-time status or divert retirees into […]

Work for a Client Can Still Meet FLSA’s Administrative Exemption, 3rd Circuit Rules

Does an employee “assist in the running or servicing of the business” if he designs systems for a client rather than for the business itself? According to a recent ruling from the 3rd U.S. Circuit Court of Appeals, the answer is “yes,” thereby helping the employee satisfy one of the key requirements for the administrative […]

Holidays PTO Survey: Earned Sick Leave Lost

Is earned sick leave lost if not used within a specified period of time?   Response Percent Response Count Yes 49.0% 265 No 51.0% 276 Thanks to all who participated in the survey! If you would like a copy of the detailed results, broken out by organization size, organization type, and geographical region, click here. […]

Ask the Expert: We have a time clock system that automatically deducts lunch hours from only one department. Is this legal?

November 11, 2010 Employers are not required to pay employees for time spent during bona fide meal periods. Bona fide meal periods are ordinarily breaks that last at least 30 minutes, but they may be shorter under special conditions. They do not include coffee or snack breaks; these are rest periods that may have to […]

Silica, Slip-and-Fall, and More

Yesterday, we took a brief look at what OSHA is focusing on this year. Today, some more areas you as an HR professional should know about—plus an introduction to a detailed California-specific safety desk reference.