November 23, 2016 On Monday, November 22, a Federal District Judge in Texas issued an injunction against the Department of Labor’s (DOL) new overtime rule.  This injunction comes just 10 days before the new overtime rules were set to take effect.  The overtime rule has been a hot button issue since 2014 when President Obama... View Post

October 27, 2016 On October 12, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule regarding employer whistleblower protections under §1558 of the Affordable Care Act (ACA) establishing procedures and time frames for handling retaliation complaints under the ACA. The ACA was enacted in an attempt to help decrease health care costs. ... View Post

October 24, 2016 There have been several studies analyzing different training methods for harassment prevention.  We do not know the whole picture of what works and what doesn’t because there are so many variables.  What do we know?  We know from the research that training can change attitudes.  (Antecol, H. & Cobb-Clark, D. Does sexual... View Post

October 13, 2016 On September 20, 2016, 21 states united to file suit against the United States Department of Labor (DOL) challenging the constitutionality of the new overtime rules it issued under the Fair Labor Standard Act (FLSA). The final rule is set to take effect on December 1, 2016. On May 18, 2016, after... View Post

September 19, 2016 In Morris v. Ernst & Young, a panel for the Ninth Circuit recently entered into a circuit split when it sided with the 7th Circuit and National Labor Relations Board (NLRB) in affirming the NLRB’s determination that “Concerted Action Waivers” required by employers as a condition of employment, violate §7 and §8... View Post

September 2, 2016 This spring, a female firefighter in Fairfax County, Virginia committed suicide.  This would be a tragic case in any event, but it provides a cautionary tale for employers.  Allegations surfaced that the intense cyberbullying was perpetrated by fellow employees.  Online community forum members who claimed to be Fire Department employees posted comments... View Post

September 2, 2016 In today’s digital age, everyone is connected – by computers, tablets and cell phones. These computing devices have upped the pace of an already fast moving world. Where it once took days, weeks or months to hear back via letter, it now takes a matter of seconds, minutes or hours via e-mail.... View Post

August 4, 2016 You have been served with a complaint of discrimination or harassment filed in the Idaho Human Rights Commission or the EEOC.  What do you do now?  Work with legal counsel A discrimination charge can be the first step to legal action, so protect your company’s interests.  Many employers ask their attorneys to... View Post

July 27, 2016 The U.S. Court of Appeals for the First Circuit upheld a National Labor Relations Board’s (NLRB) decision that a Massachusetts automobile dealer’s policy banning the wearing of “message pins” violated union insignia protections under the National Labor Relations Act (NLRA). Based on an unfair labor practice charge filed by a union representing... View Post

July 18, 2016 Workplace safety, trust, and productivity begin with proper hiring, where criminal background screening often plays an essential role.  Indeed, many employers have been sued for “negligent hiring” for failure to screen applicants based on criminal history.  While screening policies serve a good purpose, employers must craft their policy carefully to ensure they... View Post

Is your workplace ready for a complete review of your organization’s policies and practices in preventing harassment?  Your road map was just released by the Equal Employment Opportunity Commission (EEOC).  For the past 18 months, the EEOC has been studying harassment policies and practices.  Many employers were not aware this was happening, but in early... View Post

June 20, 2016 Author:  Bobbi K. Dominick Most companies are aware of their obligation to train employees about harassment in the workplace.  But a review of recent litigation cases shows that many employers still miss the mark.  Training is required to effectively prevent harassment, while recognizing that not all harassment can be prevented. A training... View Post