Fast-food protesters plan escalation, civil disobedience

September 02, 2014 - by: HR Hero 0 COMMENTS

More fast-food protests are planned for September 4, with the latest round including homecare workers and possible civil disobedience.

Fast-food and other low-wage workers have been staging periodic strikes and demonstrations since 2012 in hopes of increasing their hourly wage. A major player in the effort is Fight for 15, which is pushing for a $15 minimum wage. Figures from the U.S. Bureau of Labor Statistics (BLS) put the mean hourly wage for food preparation and service workers, including fast-food workers, at $9.08. The federal minimum wage is $7.25 an hour.

Protesters claim that much of the fast-food labor force is made up of adults with families instead of teenagers and that low wages and unpredictable schedules make it difficult to earn a living. In addition to higher wages, the workers are asking for the right to unionize.

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Drug-free healthcare facility law takes effect in New Hampshire

by Gregory L. Silverman

A New Hampshire law taking effect August 25 requires healthcare employers to take action against substance abuse in their facilities.

The new law requires all hospitals, home healthcare providers, outpatient rehabilitation clinics, ambulatory surgery centers, urgent care centers, nursing homes, assisted living facilities, adult daycare centers, birthing centers, dialysis centers, and hospice facilities to “adopt a policy establishing procedures for prevention, detection, and resolution of controlled substance abuse, misuse, and diversion.”

The policy must address certain procedures, including: read more…

OFCCP updates guidance on gender identity and transgender discrimination

August 20, 2014 - by: Tammy Binford 2 COMMENTS

by Tammy Binford

On August 19, the Office of Federal Contract Compliance Programs (OFCCP) announced a new directive related to its decision to update its enforcement actions regarding gender identity and transgender discrimination.

On June 30, the U.S. Department of Labor (DOL) announced it would update its enforcement protocols and guidance to reflect that the full protection of federal antidiscrimination laws applies to claims of gender identity or transgender status.

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Nebraskans to vote on minimum wage hike

by Bonnie Boryca

After an attempt to pass a minimum wage increase in Nebraska came up short in this year’s legislative session, the issue is set to go to voters in the November election.

The Nebraska secretary of state’s office has announced that it has verified enough signatures to put the issue on the ballot. The proposal calls for the minimum wage to go from $7.25 per hour to $8 per hour on January 1, 2015, and then hit $9 per hour on January 1, 2016.

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New Jersey joins states with ‘ban the box’ laws

by Jeffrey A. Gruen

New Jersey Governor Chris Christie has signed the state’s “ban the box” legislation, meaning that most employers will be prohibited from asking applicants about their criminal histories until the conclusion of the first job interview.

The legislature passed the Opportunity to Compete Act in June, and Christie signed it on August 11. It will go into effect March 1, 2015. The law applies to New Jersey employers with 15 or more employees over 20 calendar weeks.

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San Francisco ‘ban the box’ ordinance starts August 13

by Andrew J. Sommer and Alka Ramchandani

San Francisco’s new “ban the box” law, titled the Fair Chance Ordinance, will limit the timing and scope of inquiries into an applicant’s or employee’s criminal history when it takes effect August 13.

In addition to banning inquiries into criminal history on job applications, the ordinance also places significant restrictions on an employer’s ability to obtain and use that information in the hiring process.

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OFCCP to issue proposed rule for federal contractors’ collection of comp data

by Federal Employment Law Insider

The U.S. Department of Labor (DOL) has announced the issuance of the long-awaited proposed rule requiring federal contractors and subcontractors to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs (OFCCP). The rule is scheduled to be published in the Federal Register August 8, and all comments must be received within 90 days after the date of publication.

This notice of proposed rulemaking (NPRM) would amend the current regulations by adding a requirement that certain federal contractors and subcontractors supplement their EEO-1 Report with summary information on compensation paid to employees, as contained in the W-2 forms, by sex, race, ethnicity, and specified job categories as well as other relevant data points such as hours worked and the number of employees.

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NLRB ratifies some actions taken with recess appointees

August 05, 2014 - by: HR Hero 0 COMMENTS

The National Labor Relations Board (NLRB) has announced that it has ratified some of the actions it took while it was made up of mostly recess appointees who have since been judged to be invalid. However, the ratification likely won’t have any effect on the cases decided during that time, according to John P. Hasman, a partner in the St. Louis office of Armstrong Teasdale.

In a statement released August 4, the Board said that on July 18, it unanimously ratified all administrative, personnel, and procurement actions it took while it was operating with the recess appointees—January 4, 2012, to August 5, 2013.

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Executive Order creates new compliance requirements for federal contractors

August 01, 2014 - by: HR Hero Alerts 0 COMMENTS

On July 31, President Barack Obama signed an Executive Order “to promote economy and efficiency in procurement by contracting with responsible sources who comply with labor laws.” The order will apply to new government contracts worth more than $500,000, and according to a White House fact sheet, it will be “implemented on new contracts in stages, on a prioritized basis, beginning in 2016.”

The Executive Order requires contractors to report if they have violated any of 14 labor laws in the past three years. Employers also must provide updates regarding violations every six months and possibly face remedial action.

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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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