NLRB’s McDonald’s franchise determination called ‘aggressive play’

July 30, 2014 - by: Tammy Binford 0 COMMENTS

A National Labor Relations Board (NLRB) ruling that the McDonald’s corporation is a joint employer with its franchisees is a departure from longtime precedent that’s drawing fire from the fast-food giant and other business interests.

The NLRB’s Office of the General Counsel released a statement on July 29 saying the Oak Brook, Illinois-based corporation could be named as a joint employer in a rash of complaints stemming from employee efforts to unionize and fight for higher wages. The decision is “another aggressive play” by the NLRB, according to Bart N. Sisk, an attorney with Butler Snow LLP in Memphis, Tennessee.

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Federal appeals courts issue conflicting decisions on ACA subsidies

July 22, 2014 - by: Jessica Webb-Ayer 0 COMMENTS

A few weeks after the U.S. Supreme Court dealt a blow to the Affordable Care Act’s (ACA) contraceptive mandate, federal courts are looking at a different aspect of the law—exchange subsidies. On July 22, there was a flurry of activity on the issue, with two federal appeals courts issuing conflicting rulings.

States had the option to design and operate exchanges (also known as marketplaces) that best met their unique needs while complying with the ACA’s statutory and regulatory standards. All states had to make a choice regarding what kind of exchange they wanted. States could: read more…

Illinois governor signs law prohibiting criminal history inquiries on job applications

by Steven L. Brenneman

Fox, Swibel, Levin & Carroll, LLP

On July 21, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will prohibit most private-sector employers and employment agencies with 15 or more employees from asking applicants about their criminal histories and conducting criminal background checks until after applicants are deemed qualified for a job. The law will go into effect on January 1, 2015.

Under the law, employers may not inquire about, consider, or require disclosure of an applicant’s criminal record or criminal history until he has been deemed qualified for a position and has been notified that he has been selected for an interview. If there is no interview, the employer may not inquire into the applicant’s criminal record or criminal history until after making a conditional offer of employment.

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Obama order bars contractors from LGBT employment discrimination

July 21, 2014 - by: HR Hero 0 COMMENTS

On July 21, President Barack Obama signed an Executive Order prohibiting federal contractors from employment discrimination based on sexual orientation or gender identity.

Federal Employment Law Insider editor David S. Fortney, Elizabeth B. Bradley, and Emily Bristol, attorneys with Fortney & Scott, LLC in Washington, D.C., issued a statement after Obama signed the order. They explained that the order marks the first time a national standard has been established. They called it “a historical moment for the expansion of civil rights laws to include the LGBT status as a protected category.”

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New guidance on pregnancy discrimination released

July 15, 2014 - by: HR Hero 0 COMMENTS

For the first time since 1983, the Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on pregnancy discrimination. The new guidance incorporates significant developments in the law during the past 30 years, including how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with pregnancy-related disabilities.

The EEOC issued Enforcement Guidance: Pregnancy Discrimination and Related Issues on July 14. Besides the guidance, the agency released questions and answers about the guidance and a fact sheet for small businesses.

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New Arizona law spells out employees’ victim leave rights

by Jodi R. Bohr

An amendment to Arizona’s law addressing leave rights for victims of juvenile offenses goes into effect on July 24, making the law on juvenile offenses mirror the law addressing leave rights for victims of criminal offenses.

During its second regular session, the 51st Arizona Legislature amended Arizona Revised Statutes (A.R.S.) § 8-420 regarding a crime victim’s right to take leave from work. Arizona has two statutes that address leave rights for victims of criminal and juvenile offenses at A.R.S. § 13-4439 and § 8-420, respectively. When the amendment to § 8-420 becomes effective, the statutes will match regarding the rights granted to employees.

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UAW trying different approach to unionize Volkswagen plant

July 11, 2014 - by: Tammy Binford 0 COMMENTS

Despite two failed attempts to unionize the Volkswagen plant in Chattanooga, Tennessee, the United Auto Workers (UAW) on July 10 announced the creation of Local 42, a local that Chattanooga VW workers can join voluntarily.

“We’ve had ongoing discussions with Volkswagen and have arrived at a consensus with the company,” Gary Casteel, the UAW’s secretary-treasurer, said in a statement about the union’s latest move. “Upon Local 42 signing up a meaningful portion of Volkswagen’s Chattanooga workforce, we’re confident the company will recognize Local 42 by dealing with it as a members’ union that represents those employees who join the local. As part of this consensus, the UAW is committed to continuing its joint efforts with Volkswagen to ensure the company’s expansion and growth in Chattanooga.”

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New Louisiana law prohibits employers from seeking social media passwords

by Josh Wood and H. Mark Adams

Louisiana’s new Personal Online Account Privacy Protection Act (House Bill 340) goes into effect August 1. It precludes employers from requesting or requiring employees and job applicants to disclose any username or password that allows access to their personal online accounts.

The law prohibits employers from discharging or disciplining employees or from refusing to hire applicants who won’t divulge their personal information. The law allows employers to request or require employees to disclose usernames or passwords to gain access to or operate electronic communication devices paid for or supplied in whole or in part by the company or to gain access to or operate any account or service provided by the employer or used for its business purposes.

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New Arizona law outlaws double-dipping unemployment benefits

by Dinita L. James

A new Arizona law going into effect July 24 means employees who are let go with severance pay won’t be eligible for unemployment benefits right away.

The law adds a new section to Arizona Revised Statutes § 23-621 to define severance pay, a term that was undefined in earlier legislation, which resulted in a laid-off employee of a beverage distributor receiving a year’s salary in addition to unemployment benefits.

The case began when Phoenix beverage distributor Hensley & Company implemented a reduction in force (RIF) in 2011. The company designed the RIF so that all laid-off employees would be paid two weeks of base pay and whatever benefits remained in the month of termination.

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Comment period on $10.10 minimum wage rules ends July 28

July 09, 2014 - by: HR Hero Alerts 0 COMMENTS

by Rachael E. Luzietti

The comment period for the proposed rule to implement President Barack Obama’s Executive Order to raise the minimum wage for employees working on government contracts ends July 28. Those interested in having their voices heard should submit comments at www.regulations.gov.

In February, Obama issued Executive Order 13658, which mandates a minimum hourly wage of $10.10 to be paid by employers contracting with the federal government. The U.S. Department of Labor (DOL) issued a notice of proposed rulemaking on June 17 to implement the order.

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