Human Power
On July 13, 2018, the General Counsel of the National Labor Relations Board (NLRB or Board) released three advice memos providing guidance to employers about how the NLRB will evaluate handbook policies and work rules under the new Boeing standard established in December 2017.
Dan Riordan, ThinkHR COO, explains why trust is one of the most important qualities of workplace culture and how employers can nurture it. We are currently living in a low-trust society as a whole — we keep hearing that news is fake, science is fake, and so on. That makes it hard for us to…
The Supreme Court of the United States (SCOTUS) heard several cases with employment implications during their 2018 session, including the following four cases we covered in detail. (Click the case names to read the full articles.) Encino Motorcars, LLC v. Navarro: Encino shifted the burden of proof in Fair Labor Standards Act (FLSA) overtime exemption... Read more ›
FMLA Forms Expiration Date Extended The Department of Labor’s model Family and Medical Leave Act (FMLA) notices and certification forms were originally due to expire on May 31, 2018, but were extended twice, and now expire on August 31, 2018. Once approved by the Federal Office of Management and Budget, the new FMLA forms will be valid... Read more ›
Veterans Preference in Hiring On July 29, 2018, Alaska Governor Bill Walker signed legislation (H.B. 2) permitting private employers to voluntarily grant an employment preference to a member of the National Guard or a veteran when hiring an employee. To qualify for the preference, the National Guard member must be presently serving in good standing... Read more ›
Troester Decision Interprets De Minimis Doctrine in Favor of Compensation On July 26, 2018, the California Supreme Court decided in Troester v. Starbucks Corporation that the federal Fair Labor Standard Act (FLSA) de minimis doctrine does not apply to claims for unpaid wages under Cal. Labor Code §§ 510, 1194, and 1197. The de minimis... Read more ›
Minimum Wage – Ballot Initiative and Council Response On June 19, 2018, District of Columbia voters passed a ballot initiative (Initiative 77) to: Increase the minimum wage in the District of Columbia to $15 per hour by 2020. Increase the minimum wage for tipped employees so that they receive the same minimum wage directly from... Read more ›
On April 10, 2018, Iowa Governor Kim Reynolds signed legislation (H.F. 2392) relating to electronic and mechanical eavesdropping, and the interception of communications. The law permits employers to use both of the following: Monitoring devices for intercepting video or audio communications to provide proof of or prevent criminal activity outside of structures on their property. Surveillance systems for... Read more ›
ThinkHR Chief Knowledge Officer Laura Kerekes writes a monthly “Innovative Workplace” column for Rough Notes, a publication that has been serving the insurance industry since 1878. While geared toward brokers, much of the information in her columns is applicable to human resources professionals. Enjoy her June column on workplace violence. Incidences of workplace violence are becoming... Read more ›
Question: Is medical marijuana use protected by the Americans with Disabilities Act (ADA)? If so, what accommodations would be considered reasonable? Answer: You are not required to accommodate medical marijuana use under the Americans with Disabilities Act (ADA). Even though medical marijuana is legal in many states, under the federal Controlled Substances Act (CSA), marijuana... Read more ›
Looking for some beach reading? Check out a dozen of the stories from around the web that ThinkHR editors have curated for you over the past month. Barriers to Breastfeeding Breastfeeding has long been a challenge for working mothers of infants. While laws and workplace accommodations have come a long way in supporting new moms... Read more ›