Obama Reveals Choice for Supreme Court Justice

May 26, 2009 1 COMMENTS

Since Justice David H. Souter announced his intent to retire from the U.S. Supreme Court, there has been much speculation regarding President Barack Obama’s first nomination to the high court. After a long Memorial Day weekend, the wait is over. On Tuesday morning, Obama announced that he would nominate Judge Sonia Sotomayor to be the next Supreme Court justice.

If the Senate confirms Obama’s nominee, Judge Sotomayor, 54, would join Justice Ruth Bader Ginsburg as the second woman on the current Supreme Court. In the history of the Supreme Court, she would be the third female justice and the first Hispanic justice.

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HRHero Training Survey Results

May 22, 2009 0 COMMENTS

When it comes to training employees and supervisors, HR plays a significant role in most — if not all — aspects at many companies, according to the latest HR Hero survey. While this probably doesn’t come as a surprise to many HR practitioners, the level of involvement in all phases of training might.

Our survey, which was taken by more than 350 people, showed that by overwhelming majorities HR plays a significant role in deciding what training is needed, evaluating options and materials, scheduling training sessions, fulfilling supervisors’ and management’s requests for training, and often creating the materials and doing the training as well.

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Senate Report Outlines Possible Approaches for Health Care Reform

May 19, 2009 0 COMMENTS

If you or your organization has a keen interest in health care reform, a key Senate committee has opened a short window of opportunity for you to have your say. The Senate Finance Committee released a report on Monday, May 18, outlining possible approaches to financing comprehensive health care reform. The full document is available at http://finance.senate.gov, where you can follow the link at “Latest News.”

Options include (1) realizing savings from the health system, (2) altering current tax treatments for various health-related expenses, and (3) promoting healthy lifestyles by, for example, raising taxes on beverages sweetened with sugar, high-fructose corn syrup, and other sweeteners — but not on artificially sweetened beverages.

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U.S. Supreme Court Reverses Decision on Decades-Old Maternity Leave

May 19, 2009 2 COMMENTS

In a May 18, 2009, decision, the U.S. Supreme Court addressed the issue of whether women who took maternity leave decades ago (before discrimination based on pregnancy became illegal) can sue to have their pregnancy leave time count toward their pensions. The Court reversed the Ninth U.S. Circuit Court of Appeals’ ruling and held that they cannot.

Before the Pregnancy Discrimination Act (PDA) was enacted, the employer in this case (AT&T) based pension calculations on a seniority system that relied on its employees’ years of service. The system subtracted any uncredited leave time from years of service and gave less retirement credit for pregnancy leave than for general medical leave. In 1978, Congress added the PDA to Title VII of the Civil Rights Act of 1964 to prohibit employers from treating pregnancy leave differently than other medical leave.

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South Carolina’s Verification Rules for Private Employers Take Effect July 1

May 15, 2009 1 COMMENTS

Last summer, South Carolina Governor Mark Sanford signed legislation that requires private employers to verify the employment eligibility of new employees. On July 1, 2009, these rules will take effect for private employers with 100 or more employees.

Under the new verification laws, employers that are required by federal law to complete and maintain federal employment eligibility forms or documents (Form I-9s) have two options. First, they can use the E-verify federal work authorization program to verify all new employees’ information and work authorizations within five business days of their hire. E-Verify is a free online federal system that allows employers to electronically compare employee information taken from a Form I-9 against the records in the databases of the Department of Homeland Security and the Social Security Administration.

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Health Care Outlook for Employers

May 13, 2009 1 COMMENTS

This week, President Barack Obama brought together Harry, Louise, and all the other major players in U.S. health care to begin focusing heavily on what can be done to reduce health care costs. So what can employers expect from the proposals and potential legislation? Check out the new free HR Hero White Paper, Health Care Outlook for Employers to get the big picture on the relevant laws and legislation affecting your health-benefit policies and a look at several of the different approaches being promoted in Congress.

This is the first time since in the early 1990s that major, sweeping health care reform has been proposed. The federal government issued several new regulations involving health plans during the Bush administration, from the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 to final regulations for the Newborns and Mothers Health Protection Act (NMHPA) to numerous new notices from the IRS.

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Employing Minors in Dangerous Jobs: A Bad Idea

May 06, 2009 0 COMMENTS

Employers all over the country will soon be hiring summer workers, many of them minors. If you are an employer with jobs that the U.S. Department of Labor (DOL) has listed as hazardous to minors, then take note. One Atlanta employer has learned a hard lesson at the expense of a teenage worker’s life.

The DOL’s Wage and Hour Division has fined Atlanta contractor Demon Demo, Inc., a civil penalty after investigating the death of a teenage worker from a second-floor fall at the company’s Gwinnett Place mall demolition site.

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DHS Shifts Worksite Enforcement Strategy to Employers, Not Illegal Workers

May 04, 2009 0 COMMENTS

On April 30, the Department of Homeland Security distributed its Worksite Enforcement Strategy describing how it plans to step up its efforts to enforce immigration laws. The new strategy focuses on reducing the demand for illegal employment by targeting employers that knowingly hire illegal workers as well as the workers themselves.

Last week, updated guidance was distributed to Immigration and Customs Enforcement (ICE). Effective immediately, ICE will focus its resources on the criminal prosecution of employers that knowingly hire illegal workers. Only 135 of the more than 6,000 arrests related to worksite enforcement in 2008 were employers.

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D.C. Circuit Court: NLRB Can’t Render Decisions with Only 2 Members

May 04, 2009 0 COMMENTS

Although two other courts of appeals had previously decided otherwise, on May 1, the District of Columbia Circuit Court of Appeals ruled that a two-person National Labor Relations Board (NLRB) could not render decisions in NLRB cases. The case in question was an appeal of the NLRB’s finding that management at Laurel Baye, a nursing home, had engaged in unfair labor practices. Laurel Baye did not challenge that ruling; however, it did challenge whether the NLRB even has the authority to issue a decision.

The issue of the two-member NLRB’s authority is still pending before several other appellate courts; however, in the meantime, does the D.C. appeals court’s ruling also affect other decisions the two-member Board has issued since December of 2007?

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Setting Up a Telecommuting Program and Managing Offsite Employees

May 01, 2009 0 COMMENTS

Telecommuting has gained in popularity in the past few years as employers look for ways to keep their businesses going during natural disasters and to help employees have a better work-life balance and cope with high gas prices. Telecommuting also can be a benefit to keep good employees when there isn’t enough money for raises or if pay cuts are necessary. But before jumping into a telecommuting program, employers need to look at the applicable employment laws and make sure supervisors are trained to manage offsite employees.

The benefits of balance: flexible workplace policies” offers an overview of telecommuting, compressed workweeks, job sharing and other alternative work options and the employment laws that apply. “What employers need to know about managing offsite workers” provides tips on the special issues surrounding telecommuting.

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