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Employment Issues For Employers Archives

Large Employers To Begin Reporting Fair Pay Data As Soon As May

Employers with more than 100 employees will soon be required to submit detailed reports on how their workers are paid, broken down by gender, race and ethnicity. The Equal Employment Opportunity Commission passed a rule requiring the reports in 2016, but the rule was halted by the Office of Management and Budget (OMB). Now, a judge has ordered the rule to move forward. What remains unclear is whether companies will have to begin submitting the reports by the original deadline of May 31.

NLRB Brings Independent Contractor Analysis Back In Line With DOL

The National Labor Relations Board (NLRB) has just overruled a previous case that had expanded the definition of independent contractor for the purposes of the National Labor Relations Act. In its SuperShuttle DFW Inc. decision, the board has brought that definition into greater alignment with the definition used by other agencies such as the Department of Labor and the IRS.

Is Your Organization Negotiating Fairly With Applicants Of Color?

We've all heard of the gender pay gap, but what about the racial pay gap? You may know that, in 2017, American women earned about 80.5 cents for each dollar earned by similarly situated men. Far fewer people are aware of the pay disparity between whites and African-Americans and Hispanics.

D.C. Circuit Overturns NTSB's 'Joint Employment' Liability Rule

In a 2015 case involving Browning-Ferris Industries Inc., the National Labor Relations Board revised its standard for determining when two or more organizations are considered joint employers for the purposes of federal labor and employment law. When companies that are otherwise considered employers "share or codetermine those matters governing the essential terms and conditions of employment," the board held, those companies are both liable for employment-related issues.

How To Keep A Written Warning From Sparking Confusion And Litigation

Written warnings are meant to document inappropriate behavior or performance issues, creating a record that can be referred to later or ultimately used to justify termination.

Trump DOL Focusing More On Employer Compliance Than Crackdowns

The Trump administration's priority for the Department of Labor has been to eliminate regulations thought too costly for businesses to bear. In particular, the administration promised to change how wage and hour law is regulated in the U.S.

How Can Companies Deal Legally With Employee Opioid Addiction?

With the opioid crisis running rampant, many companies have employees who are suffering from this addiction. According to the National Institute on Drug Abuse, between 8 and 12 percent of those prescribed opioid painkillers will develop an opioid use disorder. The Centers for Disease Control and Prevention reports that over 350,000 people died from opioid overdoses between 1999 and 2016.

Companies Offering Paid Family And Medical Leave Get Tax Credit

The Treasury Department recently announced that the 2017 Tax Cuts and Jobs Act offers most employers a substantial tax credit for providing paid family and medical leave. How substantial? Between 12.5 and 25 percent of the wages paid. Moreover, it's possible to take the tax credit retroactively this year as long as you put the required policies in place before Dec. 31. And, your short-term disability policy may qualify you for the credit.

Considering Demoting An Employee? Consider The Pros And Cons

According to a recent survey by the staffing firm OfficeTeam, 14 percent of American workers have experienced a demotion -- asked to assume a lower-level role with or without a pay cut. Slightly more than half (52 percent) of demoted employees will choose to leave the company, and there is the risk of disgruntlement and potential lawsuits.

Do Employees Have Workplace Speech Protections?

When we think about speech protections, we often think of the First Amendment to the U.S. Constitution. The First Amendment only prohibits governmental actors from abridging freedom of speech, so it doesn't apply to private actors such as non-government employers. (The First Amendment does apply to government employers.)

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