In a twist on the old punch-clock technology, workers at Beijing Sunrise Technology in Beijing step before a device that scans their faces before they enter a secure work area.
Legal & Regulatory Issues
Posts Tagged Legal & Regulatory Issues
Only in the government would a strategic plan be adopted in order to develop a strategic enforcement plan, which was the case when the U.S. Equal Employment Opportunity Commission (EEOC) adopted a strategic plan earlier this year.
On Sept. 4, 2012, the agency released a draft strategic enforcement plan, highlighting the agency’s national priorities:
U.S. employers often treat “the holiday season” as the period from November to January each year, says Mark Fowler of the Tanenbaum Center for Interreligious Understanding, and design policies to fit U.S. norms. But these practices can exclude those with other religious beliefs.
Maryland was the first state to enact a statute in the employment context prohibiting employers from requiring or requesting that applicants or employees provide their employer with their passwords to their private social media sites. Illinois has become the second.
The current Employment Eligibility Verification Form, commonly referred to as Form I-9, expires Aug. 31, 2012. Once it expires, what should employers do?
All U.S. employers must complete and retain a Form I-9 for all citizens and noncitizens they hire for employment in the United States, according to the U.S. Citizenship and Immigration Services (USCIS).
In yet another decision likely to face resistance from employers if appealed to the federal circuit courts, the National Labor Relations Board (NLRB) on July 30, 2012, ruled that the common employer practice of prohibiting employees from discussing ongoing investigations violates employees’ right under the National Labor Relations Act (NLRA) to engage in concerted activity. The ruling applies to union and nonunion employers since both are covered by the NLRA’s protection of concerted activity among any employees.
Legislation approved by the U.S. House of Representatives (H.R. 4078) on July 26, 2012, would prohibit the federal government from issuing any new “significant” workplace-related regulations until the national unemployment rate drops to 6 percent or less.
With most laws, employers have less difficulty meeting the laws’ mandates as time goes by and they become more familiar with the requirements.
Not so with the Fair Labor Standards Act of 1938 (FLSA), where lawsuits have multiplied as the law has increasingly fallen out of step with the modern workplace, according to Paul DeCamp, an attorney in the Washington, D.C., area office of Jackson Lewis, and former administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division.
From Shakespeare's Hamlet 1602:
Heaven and earth,
Must I remember? Why, she would hang on him
As if increase of appetite had grown
By what it fed on, and yet, within a month—
Let me not think on't—Frailty, thy name is woman!—
Hamlet is angry at his mother for marrying shortly after his father's death. He sees her as weak. He generalizes the weakness he sees in his mother to women generally.
No progressive manager would say a sexist comment like that today. Actually, they might, just when they think they are being progressive!
In a May 30, 2012, report whose guidance is likely to be challenged in the courts, the National Labor Relations Board (NLRB) cautioned that it believes that numerous common clauses in social media policies violate the National Labor Relations Act (NLRA).
U.S. CEOs say the regulatory climate “has intensified virtually everywhere they do business” to the point that government regulation is now their chief concern, a recent report found.
The 2012 edition of The Conference Board CEO Challenge, a global survey of business leaders, found that government regulation rose to the No. 1 challenge for U.S. CEOs from No. 19 in 2009. (See related article, “Innovation and Human Capital are Top of Mind for Global CEOs.”)
The U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) heard testimony May 10, 2012, on the challenges to work and family life for people lacking employer paid leave and other workplace flexibility options.
Society for Human Resource Management (SHRM) member Juanita Phillips, HR director at Intuitive Research and Technology Corp., was among four panelists appearing before the committee that Sen. Tom Harkin, D-Iowa, chairs.
A federal judge ruled on May 14, 2012, that new regulations governing union representation elections are invalid. Judge James Boasberg with the U.S. District Court for the District of Columbia found that the National Labor Relations Board (NLRB) did not follow proper voting procedures when the board approved the rule revision in December 2011. According to Boasberg, a quorum of at least three NLRB members did not cast votes on the rule change and therefore the rule change could not take effect.
The U.S. Department of Labor’s (DOL) wage and hour enforcement under the Obama administration has become markedly more hostile toward employers, according to Paul DeCamp, former administrator of the Wage and Hour Division under President George W. Bush and an attorney at Jackson Lewis’ Washington, D.C., regional office.
By a 4-1 vote, the Equal Employment Opportunity Commission (EEOC) on April 25, 2012, approved a new guidance on criminal background checks.
Consolidating and superseding previous EEOC guidance on criminal background checks, the guidance discourages blanket exclusions of individuals who have been convicted of crimes and encourages the use of individualized assessments of whether an employer’s criminal conduct exclusion is job related and consistent with business necessity.
Gov. Martin O’Malley, on May 2, 2012, signed S.B. 433, a bill prohibiting employers from requesting the social media passwords or accessing the social media accounts of prospective and current employees, making Maryland the first state to pass such a law.
The new provision, which will take effect Oct. 1, 2012, bars employers from requesting or requiring that an employee or applicant for employment disclose any user name, password or other means to access a “personal account or service” through an electronic communications device.
Each day, the 39 Filipino nationals worked up to 16 hours at South Florida country clubs, golf courses and restaurants that cater to a wealthy clientele.
Each night, they returned to crowded homes in a quiet residential neighborhood in Boca Raton where food was scarce and barely edible.