Tennessee Senate OK’s ‘guns in parking lots’ bill

Legislation giving handgun carry permit holders the right to keep guns in their vehicles in public parking lots, including their employer’s parking lot, passed the Tennessee Senate Monday evening, 28-5.

The bill, which will go to the House Civil Justice Subcommittee Wednesday afternoon, would give civil immunity to employers for deaths, injuries, or damage involving guns brought onto parking lots by employees. Under the bill, employers could continue to ban firearms for those without carry permits.

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DOL issues final rule on FMLA expansions

February 05, 2013 - by: Tammy Binford 0 COMMENTS

On February 4, the U.S. Department of Labor (DOL) issued a final rule implementing two expansions of the Family and Medical Leave Act (FMLA). The rule was issued to coincide with the 20th anniversary of the signing of the Act.

One of the expansions provides families of eligible veterans with the same FMLA-protected leave available to families of military servicemembers. It also provides leave to more military families for activities that come up when a current servicemember is deployed.

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FMLA’s 20th anniversary: New survey shows use and impact of law

February 05, 2013 - by: Tammy Binford 0 COMMENTS

The U.S. Department of Labor (DOL) observed the 20th anniversary of the signing of the Family and Medical Leave Act (FMLA) on February 4 by releasing a survey on its use and impact.

The survey, conducted in 2012, follows previous assessments in 1995 and 2000. Both employees and worksites were surveyed. Here are some of the key findings:

  • Most worksites aren’t covered by the FMLA, but more than half of all employees are eligible. The survey’s executive summary notes that 17% of worksites reported being covered by the Act, and another 30% said they weren’t sure if they were covered. Although many employers are too small to be covered, most employees across the country are covered. According to the survey, 59% of employees meet the requirements to be eligible for the FMLA’s protections. The survey addressed what would happen if the law were changed to cover more employees. “Expanding eligibility to smaller worksites would modestly increase eligibility,” it states. “Currently, eligibility requires that firms have 50 employees within 75 miles of this worksite; lowering the cutoff to 30 employees would increase eligibility from 59 percent to 63 percent, [and] lowering it further to 20 employees would increase it to 67 percent.”

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Obama unveils compromise on health reform contraception rule

February 01, 2013 - by: Tammy Binford 0 COMMENTS

The Obama administration released a compromise plan February 1 on how contraception is covered under the healthcare reform law, but it’s not clear whether foes of the original requirement will approve.

Under President Barack Obama’s Affordable Care Act, contraception is included as a free preventive service. The original rule exempted religious groups that employ mostly people of their own faith, but groups such as religious universities and Catholic hospitals weren’t included in the exemption.

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OSHA injury, illness summary to be posted by February 1

January 30, 2013 - by: HR Hero Alerts 2 COMMENTS

February 1 marks the deadline for covered employers to post a new summary of work-related injuries and illnesses.

The summary—the U.S. Occupational Safety and Health Administration’s (OSHA) Form 300A—is required to be posted in the workplace every year from February 1 to April 30. The summary form must be completed and posted even if no work-related injuries or illnesses occurred during the year.

Employers with 10 or more employees whose workplaces aren’t classified as a partially exempt industry must record work-related injuries and illnesses using OSHA Forms 300, 300A, and 301. (Partially exempt industries include those in specific low-hazard retail, service, finance, insurance, or real estate industries.) Information on which employers are required to keep them and links to the forms are available on OSHA’s website.

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Court ruling puts NLRB future in jeopardy

January 25, 2013 - by: Tammy Binford 0 COMMENTS

A court ruling has put the brakes on the National Labor Relations Board (NLRB) and possibly invalidated decisions the Board has made for the last year.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled on January 25 that President Barack Obama acted unconstitutionally when he made three recess appointments to the NLRB on January 4, 2012.

The court’s ruling is seen as good news for employers because it seems to thwart what many in the business community see as the NLRB trying to rewrite labor law to benefit unions.

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DOL interpretation tackles FMLA rule on caring for adult children

January 16, 2013 - by: HR Hero Alerts 2 COMMENTS

A new U.S. Department of Labor (DOL) Administrator’s Interpretation has been issued to clarify who qualifies as an adult “son or daughter” whom an employee may take unpaid leave from work to care for and rely on the job protections of the Family and Medical Leave Act (FMLA).

An adult son or daughter must meet four requirements before the employee may take FMLA leave to provide care. (The employee must also meet all of the other requirements under the FMLA, such as employer coverage and employee eligibility.) The son or daughter must (1) have a mental or physical disability as defined under the Americans with Disabilities Act (ADA) as amended by the ADA Amendments Act (ADAAA), (2) be incapable of caring for himself because of the disability, (3) have a serious health condition, and (4) be in need of care because of the serious health condition.

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New requirement to offer jobs to predecessor contractor’s workers takes effect January 18

by Judith E. Kramer

An Executive Order issued nearly four years ago dealing with employees of federal contractors is set to take effect on January 18.

President Barack Obama signed Executive Order 13495—Nondisplacement of Qualified Workers Under Service Contracts—on January 30, 2009. The order requires that contractors and subcontractors acquiring contracts that succeed contracts for the performance of the same or similar services at the same location must offer the predecessor contractor’s employees a right of first refusal of employment.

Authority to enforce the order lies with the U.S. Department of Labor (DOL), which issued its final regulations on August 29, 2011. The order is just now taking effect because the effective date was postponed until the Federal Acquisition Regulatory (FAR) Council issued its regulations. Both sets of regulations take effect on January 18, meaning that contracting agencies must include the new requirements in solicitations, new contracts, and contract modifications. Contractors’ obligations do not begin until the new requirements are included in the relevant contracting document by the contracting agency.

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No immediate effects expected because of Solis resignation

January 10, 2013 - by: Tammy Binford 0 COMMENTS

U.S. Secretary of Labor Hilda L. Solis announced on January 9 she will step down, but no signs of immediate change to U.S. Department of Labor (DOL) policy or pending audits are apparent.

President Barack Obama praised Solis’ term as DOL leader but named no possible successor. “Over her long career in public service—as an advocate for environmental justice in California, state legislator, member of Congress and secretary of Labor—Hilda Solis has been a tireless champion for working families,” Obama said.

Solis sent a letter to employees at the DOL in which she said: “After much discussion with family and close friends, I have decided to begin a new future and return to the people and places I love and that have inspired and shaped my life.”

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What Redskins’ play calls after RG3’s injury teach us about workplace ethics

by Mike Maslanka

Anyone watch the Washington Redskins playoff game against the Seattle Seahawks? I am a Redskins fan, so I was naturally concerned about the health of Robert Griffin III, the phenom rookie quarterback, former Baylor standout, winner of the Heisman trophy, and all-around nice guy. Four weeks earlier, he had injured his knee in a game against the Ravens. (He also injured the same knee while playing college ball in 2009.)

Coming into the game, RG3 (as he is known) was wearing a brace. News reports from USA Today quoted the team physician as saying he was a “nervous wreck” letting RG3 play that Sunday night. And then came a sad episode that could end a young man’s career and is made all the sadder because it was avoidable if the boss had made a decision motivated by ethical conduct, not an ostrich-like attitude of self-delusion; a decision that could be made only by a boss, not an employee like RG3, no matter how well-paid; a decision that looked out for the needs of a human being as well as the organization.

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