Practical HR Tips, News & Advice. Updated Daily.
Yesterday’s Advisor warned of potential legal hassles for wellness programs under HIPAA and NLRA; today, threats from GINA and the states, plus an introduction to the popular wellness guide that will help your program achieve best practice ROIs. Genetic Information Nondiscrimination Act (GINA) GINA (which prohibits discrimination on the basis of genetic information with respect […]
Wellness programs—win-win and no legal hassles, right? Actually, there are a number of legal pitfalls awaiting the unwary wellness manager. For example, the Health Insurance Portability and Accountability Act (HIPAA), the National Labor Relations Act (NLRA), the Internal Revenue Code, and the Genetic Information Nondisclosure Act (GINA) all have requirements that bear on wellness programs. […]
Yesterday’s Advisor offered details about EEOC’s new final rule on Reasonable Factors Other than Age (RFOA). Today, three more “considerations,” plus an introduction to a unique program just for small or even one-person HR [Go here for Considerations 1 and 2.] Consideration #3—Employer Limited Supervisor’s Discretion This considers the extent to which the employer limited […]
The old “business necessity” rule is no more; in disparate impact age discrimination cases, employers can now defend under the easier standard of “Reasonable Factor Other Than Age” thanks to a new final rule from EEOC. EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in […]
Business owners should be aware that customers typing away on their smartphones might actually be reporting FLSA violations to the U.S. Department of Labor. DOL’s recently created smartphone app, “Eat Shop Sleep,” allows users to search for places to eat, shop and sleep and to read Yelp customer reviews. However, the app also provides users […]
Yesterday’s Advisor offered tips for interviewing an employee who has made a harassment or discrimination complaint. Today, how to interview the alleged offender, plus good news—there’s a upcoming virtual summit webinar on How to Conduct Investigations. For help we turned again to HRhero/BLR’s Workplace Investigations: the HR Manager’s Step-by-Step Guide written by attorney Jody Shipper. […]
EEOC requires a “prompt, thorough, and impartial” investigation of complaints of discrimination and harassment. In today’s Advisor, how to interview the complaining employee and the alleged offender. For help with this tricky task, we turned to HRhero/BLR’s Workplace Investigations: the HR Manager’s Step-by-Step Guide. Interviewing the Complaining Employee Attorney author Jody Shipper suggests HR investigators […]
As the implications of using social media in the workplace continue to loom large, not surprisingly, how such use affects information-gathering in employment law cases is gaining attention. Among the questions raised: In an employment-law dispute, can an employer subpoena an employee’s Facebook account as part of its evidence gathering? Yes, but with restrictions. Employers […]
In yesterday’s Advisor, attorney Taylor S. Chapman discussed BYOD (Bring your Own Device) challenges; today, accessing employees’ personal devices and mitigating security risks, plus an introduction to a unique 10-minutes-at-a-time training system. Legality of Accessing Personal Devices Your company can manage the risks associated with BYOD by adopting policies and agreements that fit your risk […]
A New York-based luxury nail salon apparently wasn’t very polished in contending that its illegal immigrant workers were not subject to the Fair Labor Standards Act. After a federal district court pointed out clear case law to the contrary, the salon was ordered to pay $235,920 in damages and back wages to 32 employees. The […]