On Wednesday, the NLRB General Counsel’s Office issued its second report on social media cases that have been brought to it for advice by regional directors.
Continue Reading NLRB General Counsel’s Office’s Second Social Media Report Still Leaves Questions Regarding Social Media Policies Unanswered
traps for the unwary
Commercial Driver Hand Held Cell Phone Ban Takes Effect
By Porter Wright on
The Federal Motor Carrier Safety Administration (“FMCSA”) and the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) hope there now are approximately four million fewer distracted drivers on the road. On November 23, 2011, Transportation Secretary Ray LaHood announced a final rule which specifically prohibits all interstate commercial truck and bus drivers from using hand-held cell…
Act Eliminates OFCCP Jurisdiction and Affirmative Action Requirements Based on TRICARE Program
By Porter Wright on
Employers in the healthcare industry may find that they no longer have affirmative action obligations as of 2012 as a result of the National Defense Authorization Act, signed into law on December 31, 2011.
TRICARE is the Department of Defense healthcare program for active duty and retired military personnel and their families. Prior to the…
Your Supervisors May Not Be Who You Think They Are Under the National Labor Relations Act
By Porter Wright on
A manager’s involvement in the disciplinary process isn’t necessarily enough to make them a “supervisor” under the National Labor Relations Act, according to a recent NLRB decision.
Continue Reading Your Supervisors May Not Be Who You Think They Are Under the National Labor Relations Act
For Many, “It’s That Time of Year”: Affirmative Action Plan (AAP) Revision
By Mike Underwood & Porter Wright on
Many federal contractors and subcontractors use a calendar year for their written affirmative action plans (AAP’s). That means their AAP’s are typically being reviewed and revised shortly after January 1. Working with companies over the years to help them develop and revise AAP’s and advising companies during OFCCP audits, we have come to appreciate the challenges for contractors in the process.
Continue Reading For Many, “It’s That Time of Year”: Affirmative Action Plan (AAP) Revision
OFCCP Proposes Numerical Goals for Employment of Persons with Disabilities
By Porter Wright on
The U.S. Department of Labor Office of Federal Contracts Compliance Programs (OFCCP) has proposed a new rule requiring federal contractors and subcontractors to set a goal to have 7% of their workforce be individuals with disabilities.
Continue Reading OFCCP Proposes Numerical Goals for Employment of Persons with Disabilities
Who Owns Your Employees’ Twitter Accounts?
By Porter Wright on
It seems like everyone is tweeting these days, including employees and often as a part of their jobs. For employers whose employees are using Twitter, Facebook, blogs, or other social media as a part of their jobs, they may want to examine who owns the accounts.
Continue Reading Who Owns Your Employees’ Twitter Accounts?
NLRB General Counsel’s Advice Memorandum in Schulte Offers a New Twist on the Old Facebook Firing Theme
By Brian Hall on
Just when I started to think that I might have the answers regarding the NLRB’s obsession with social media, the NLRB starts changing the questions. Not that that is always a bad thing. Just ask Schulte, Roth & Zabel.
Continue Reading NLRB General Counsel’s Advice Memorandum in Schulte Offers a New Twist on the Old Facebook Firing Theme
Does Your EPLI Policy Provide A Defense or Coverage for Cases Brought Against You by the EEOC?
By Brian Hall on
If you don’t know the answer to this question with absolute certainty, you had better go back and check your policy. In Cracker Barrel v. Cincinnati Insurance Company, a Tennessee federal court concluded that the employer’s EPLI policy provided neither coverage nor even a defense to a Title VII action brought against it by the EEOC.
Continue Reading Does Your EPLI Policy Provide A Defense or Coverage for Cases Brought Against You by the EEOC?
IRS Offers Amnesty for Independent Contractor Misclassification, But Do Disadvantages Outweigh Advantages?
By Brian Hall on
The Internal Revenue Service (IRS) has developed a new program called the Voluntary Classification Settlement Program (VCSP) that permits taxpayers to voluntarily reclassify workers as employees for federal employment tax purposes.
Continue Reading IRS Offers Amnesty for Independent Contractor Misclassification, But Do Disadvantages Outweigh Advantages?