Legal & Regulatory Issues

Posts Tagged Legal & Regulatory Issues

A maintenance mechanic in Illinois received twenty-eight disciplinary-action forms from his supervisor. Ultimately, he was offered two choices: (1) accept a demotion to a non-mechanic position and take a significant pay cut; or (2) keep the position, fight the discipline, but face potential termination.

On the advice of his union representative, the mechanic took the demotion. He later sued for retaliation, claiming that the demotion, which he voluntarily accepted, was a direct response to a charge of discrimination he previously filed with the EEOC.

April 26, 2012

An important customer, client, colleague or business partner asks an executive if her son can intern with your company for the summer.  Don’t worry about the money, she says.  My son is only looking for the experience.

As we approach the summer, expect more of these requests.  I personally have received quite a few already!

Sounds like a classic “win-win.”  The intern learns something and you strengthen an important relationship at no cost. So, the executive says “of course.”  Not so fast, please!

April 23, 2012

Oregon has enacted a new law that prohibits overt unemployment discrimination in job advertisements, becoming only the second state—after New Jersey—to prohibit this practice.

The new ban, signed into law by Gov. John Kitzhaber on March 27, 2012, is limited in scope. It prohibits employers from publishing job advertisements that include language indicating that unemployed individuals should not apply for the job or that they will not be considered for the position.

News Updates
April 17, 2012

One of the most popular trends in the IT world right now is the bring-your-own-device (BYOD) approach, where employees use their own mobile device at work. Its another case of new technology creating new problems. Before implementing a BYOD policy, you need to weigh the risks against the cost benefits.

News Updates
April 13, 2012

Growing but still rare. That’s the way Laura Friedel, an attorney with Levenfeld Pearlstein in Chicago, would characterize private-sector employer requests for applicants’ or employees’ Facebook e-mail addresses and passwords.

“Our clients are asking about it more, but few have implemented policies requiring applicants or employees to provide Facebook log-in information, log in to Facebook in front of or ‘friend’ company representatives,” she told SHRM Online.

News Updates
April 9, 2012

The National Labor Relations Board stresses that employees must be able to discuss their jobs freely.

The National Labor Relations Board, which helps administer the provisions of the National Labor Relations Act, believes that social-media policies are overly broad if they unfairly restrict employees -- union or non-union -- from engaging in protected concerted activity. In simple English, if employees can't discuss their jobs with one another, the Board has a problem.

March 26, 2012

Since the demise of the Employee Free Choice Act (or “card check bill”) following the 2010 midterm election, the Obama Administration has increasingly pushed labor-management relations policy through the executive branch. Throughout 2011, the National Labor Relations Board (NLRB) issued significant case decisions and substantive regulations.

March 6, 2012

SHRM’s Vice President of Government Affairs Mike Aitken shares his thoughts on key issues in the 2012 political landscape that relate to HR professionals. 

February 27, 2012