Labor and Employment Law blog

Election "08: Why Employers Need To Know What Workers Think

[Excerpts from article by Louis P. DiLorenzo, Esquire]

HR pros would be wise to pay attention to election year buzz from their employees. Knowing what's on people's minds can help savvy employers get a glimpse of the future workplace. The nonpartisan Employment Law Alliance recently conducted a survey of 1,125 working Americans to identify the hot-button issues in this year's presidential election campaign. The survey, know as the America at Work Survey, asked what issues they would like the next president to focus on. Their answers?

• 87% said increasing the proportion of the work force earning at least a living wage.
• 86% said making it harder for companies to outsource current U.S. jobs to foreign countries
• 83% said finding a way to provide health care coverage for all U. S. citizens.

Clearly, workers are worried about economic security. When employees fear losing their jobs, they see any change in the workplace as a potential threat. This may make them more likely to seek a job elsewhere, or may lead them to look for discriminatory patterns in employer actions. Employers need to be sensitive to this insecurity and strive to reassure their employees.

Now is a good time to re-examine policies and procedures to make sure they comply with federal and state laws. Train supervisors about key anti-discrimination laws and how to handle tricky issues such as harassment and discrimination charges, FMLA leave requests and questions about overtime pay.

The survey also revealed that employees favor stronger employment law enforcement. In particular, 76% think the enforcement of workplace safety laws should be beefed up. Approximately 70% feel that family leave should be expanded, 69% believe workplace discrimination laws should be more vigorously enforced, and 55% on nonwhites support relaxing immigration laws for professionals.

If this support translates into electing a president and lawmakers with similar views, employers can look forward to increased regulation. This is all the more reason employers should make sure their policies and procedures are in order.

(Note: Mr DiLorenzo is Senior Partner and Co-Chaire of the Labor and Employement Law Department for Bond, Schoeneck & King, LPPC, and is co-author of What Every Business Manager And HR Professional Should Know About Federal Labor And Employement Laws, an employment law guidebook written for employers and HR Managers.)

Labor And Employment Law Blog Publishes 100th Article

This past Tuesday, laborandemploymentlawblog.com published its 100th article on HR employment law issues. Our goals since day one have been (1) to provide relevant information and content about the many federal labor and employment laws that affect businesses and organizations, and (2) to offer suggestions that employers and HR professionals might wish to consider when creating or evaluating employee-related programs and policies or when faced with an employee issue. We hope that we are meeting these goals in the eyes of our readers. Your comments are always invited.

To celebrate the occasion, and to make it easy for anyone to find a particular article he or she might be interested in, below is a complete list of titles (with links) organized by employment law category. By the way, (here comes a brief commercial) the 100th article is about an excellent guidebook that should be in every HR professional's library. Many of the articles written in this blog have been based on content from the book. Check it out.

Here's our list of 100:

American with Disabilities Act

1. EEOC Guidelines On Psychiatric Or Emotional Illness
2. Frequently Asked Questions About Reasonable Accommodation
3. ADA Compliance - Six Tips On How To Respond To A Request 
4. Eight Factors In Determining When A Test Is A Medical Examination 
5. Medical Confidentiality And The ADA
6. The ADA and Disability-Related Employment Questions

Current Affairs

7. Pension Protection Act of 2006
8. State Web Links To Employment Laws
9. Seven Reasons Why You Need A Quick Reference Employment Law Guidebook
10. The U.S. Department of Labor Offers Online Employment Law Guidance To Employers
11. HRGuru - A New Monster HR Website Gets High Marks

Drugs And Alcohol in the Workplace

12. Drug Abuse And Drug Testing In The Workplace
13. Setting Up An Alcohol Abuse Prevention Program
14. The Six Key Elements Of A Drug Abuse Prevention Program
15. Drug Testing In The Workplace...Six Reasons Why Companies Do It.
16. Drug Testing In The Workplace - Six Reasons Why Companies Don't Do It

EEO – Discrimination and Retaliation

17. What Is The Age Discrimination in Employment Act?
18. Some Things To be Aware Of - If You Have Older Workers
19. Frequently Asked Questions Relating To Pregnant Employee Rights
20. Age Discrimination - Two Trouble Spots For Employers
21. Beware Of Stray Remarks
22. Blogs Abuzz About Burlington Northern

EEO – Sexual Harassment

23. Six Elements Of An Anti-Harassment Policy
24. Sexual Harassment - Do You Have A Policy And Prevention Program?
25. Sexual Harassment - Guidelines For Creating An Effective Complaint Procedure
26. Ten Guidelines For Conducting A Sexual Harassment Investigation
27. Preventing Sexual Harassment - Ten Steps You Can Take
28. Responding To A Sexual Harassment Complaint - Guidelines For Employers
29. Sexual Harassment - 15 Questions Employers Should Ask The Complainant
30. Sexual Harassment - Questions Employers Should Ask Alleged Harasser And Third Parties
31. Reducing Employer Liability
32. Workplace Harassment - Preventative And Corrective Actions Employers Should Consider

Employees versus Independent Contractors

33. Is Your New Hire An Employee Or An Independent Contractor?
34. The IRS Common Law Test
35. Employing Independent Contractors - 10 Guidelines For Avoiding Problems

Fair Labor Standards Act and Minimum Wage

36. Federal Law May Require Companies To Pay Minimum Wage/Overtime To Interns
37. Minimum Wage - Which Direction Is It Going?
38. Fair Labor Standards Act - It's Purpose and Coverage
39. When Are Trainees Considered Employees? - Six Rules To Follow
40. Child Labor - Some Things You Should Know
41. FSLA Guidelines - Defining The "Workweek" And Minimum Wage Compliance
42. Do You Need To Pay Overtime To Commission-Paid Employees?

Family and Medical Leave Act

43. Family Medical Leave - Take The Quiz
44. FMLA - The Most Complicated Employment Law Of Them All
45. FMLA - Ten Questions You Should Know The Answers To
46. FMLA Leave - Is It Paid Or Unpaid? It Depends.
47. Rules About Informing Employees of Their FMLA Rights
48. Employee Rights Upon Returning To Work From FMLA Leave
49. FMLA - Defining A "Serious Health Condition"

Health and Insurance Laws

50. Rising Health Care Costs For Employers
51. HIPAA - How Can An Employer Ensure It Is In Compliance?
52. Workers' Compensation - 10 Suggestions For Controlling Cost
53. An Employer Health Care Cost Savings Checklist
54. Employee Wellness Programs Can Reduce Employer Healthcare Costs And Liability

Employee Handbooks and Policies

55. Do You Have A Telecommuting Policy?
56. Employment Laws Mistake # 1 - Equal Employment Opportunity Policy
57. Workplace Privacy - Do Your Employees Know What Your Policies Are?
58. Employment Law Mistake #9 - The Employee Handbook
59. Employee Handbooks And Policy Manuals - Should They Be Combined?

Employee Hiring, Performance Evaluations and Terminations

60. Radio Shack - An Example In How Not To Terminate
61. What Is A "Just Cause" Checklist
62. Tell me about your former employee? Should I hire her?
63. Hiring Procedures - Seven Personnel Practices To Avoid
64. How To Handle An Employee Termination
65. Employment Laws Mistake #5 - "At Will" Employees
66. Employment Laws Mistake # 8 - Terminating Employees
67. Terminating An Employee - Use This Handy Checklist
68. Guidelines For Conducting Employee Termination Meetings
69. Pre-Employment Inquiries - Things Employers Should Know
70. Checklist For Hiring Employees
71. The ADA and Disability-Related Employment Questions
72. "Employment-at-Will" - What Employers Should Know
73. How Well Do You Communicate With Your Employees?
74. Guidelines For Orienting New Employees
75. Performance Reviews - Is It A Plus Or A Minus
76. A Performance Review 5-Point Checklist
77. Employment Laws Mistake #3 - Addressing Poor Employee Performance
78. Employment Laws Mistake #4 - Employee Discipline

Immigration Laws

79. Some Facts About Immigration Laws
80. Frequently Asked Questions About Immigration Laws

NLRA and Union Organizing

81. Is Your Employee Really A Supervisor?
82. Seven Reasons That Can Trigger Union Organizing

OSHA Regulations

83. It's Time To Review Your Self-Inspection OSHA Checklist - Do You Have One?
84. OSHA - Guidelines for Recordkeeping and Reporting

Whistleblower Issues

85. Whistleblowers And The Sarbanes-Oxley Act
86. How To Avoid Whistleblower Retaliation Claims - Part 1
87. How To Avoid Whistleblower Retaliation Claims - Part 2

Workplace Issues

88. Employment Laws - The 10 Most Common Mistakes Made By Employers
89. Veteran Rights When Returning To Work - What Employers Need To Consider
90. Reducing Employer Liability
91. Employment Laws Mistake #2 - Electronics In The Workplace
92. Alternative Dispute Resolution - Eight Steps To Setting Up A Program
93. Conducting A Proper Workplace Investigation - 13 Factors To Consider
94. Beware Of Stray Remarks
95. Employment Laws Mistake #7 - Documenting Workplace Issues.
96. E-mail And Voice Mail - Some Employer Liability Issues To Consider And Guidelines To Follow
97. Guidelines For Limiting Employer Liability - 12 Actions Employers Should Take.
98. Critical Employer Mistakes Made By Supervisors
99. How Good Is Your Employee Training Program - Do You Even Have One?

Human Resource Employment Law Reference Guide

100 . An Employment Law Book That Has Helped Over 100,000 Human   Resource Professionals

Next week, we will start in our next 100.

HRGuru - A New Monster HR Website Gets High Marks

It's not often that we step away for our labor and employment law hat to talk about another Website, but today we would like to make an exception. Last week, Monster.com launched a new HR Website called HRGuru.com. It's a portal that covers the complete, broad spectrum of human resources and labor relations. We picked up on it because of the information it presents regarding employment law - and we've added it to our "blogs and sites to watch list" in our left column.

HRGuru labels itself as an interactive community of human resource professionals to share, network and learn about the latest developments in the HR arena. We couldn't agree more. On this site, you can read general information about the human resource profession, catch up on current events, learn about HR jobs, check out tools and guidelines involving compensation, plus a lot more. There are numerous book reviews on books that relate to the HR and interactive forums where you can ask questions, obtain career advice and meet other HR professionals.

But the area we like the best is their "Center of Expertise" section. It's packed with articles on a variety of topics including:

• diversity and inclusion,
• employment law (our favorite subject),
• international HR,
• management development/leadership, and
• training and development

Laborandemploymentlawblog.com has also been asked to contribute articles to HRGuru on the subject of employment law - and we are delighted to be able to share our knowledge with their audience.

So, when you have an opportunity, check out this new HR Website. We think you will find it to be most informative and a great additional resource.

The U.S. Department of Labor Offers Online Employment Law Guidance To Employers

Employers looking for online advice regarding what their rights and responsibilities are under a number of federal employment laws will find a great resource in the Department of Labor. The DOL has created "elaws", an interacive expert system on workplace laws that the Department enforces.

With the advent of elaws, the DOL now ranks among the best federal agencies for providing information and technical assistance. The websites have been designed to be particularly helpful to businesses that do not have professional staff designated to following and understanding the latest statutes.

Each elaws system is a computer program that mimics the interaction an individual might have with a human expert. The elaws advisors, most of which will run interactively directly for the Internet, give advice and provide information and guidance on a specific law or regulation based on a worker's or employer's particular situation. Here are some of the elaws systems available to employers.

• Drug-Free Workplace Advisor.
• FLSA Overtime Calculator Advisor.
• Child Labor Rules Advisor.
• Health Benefits Advisor.
• Family Medical Leave Act Advisor.

A complete list of business elaws advisors can be found on the U.S. Department of Labor Elaws website.

Seven Reasons Why You Need A Quick Reference Employment Law Guidebook

Employers are faced with employment issues every day. How an employer handles these issues can mean the difference between a productive workforce and a non-compliant company.

Let's assume that you want to hire someone as a "consultant" to help you with some marketing activities. How can you be absolutely sure that your new consultant is truly an independent agent as opposed to being an employee? What if a pregnant employee comes to you with questions about her continued employment - what do you say? What if you want to review and update your employee handbook regarding your policy on family and medical leave - where do you start?

These are all good examples of why you (or your HR Manager) should have an up-to-date employment law book within easy reach. No one - not even lawyers - can remember what all the laws are, or what the latest changes Congress or the Supreme Court has laid on us, or how each of these laws affect our employee-related decisions.

If you do not have a quick reference employment law guidebook - here are seven reasons why you need to obtain one.

1. To help you obtain a general overview of the the laws that can affect your business. "Getting your arms around" employment laws and regulations is just one of the demands placed on HR professionals. Without a general guidebook to reference, the task can be just about impossible.
2. To provide a resource to answer questions. Employers are faced with questions every day. Take the above example regarding independent agents. A good quick reference book will list the IRS rules governing independent agent versus employee status and give you information about questions to ask and what to include in your independent agents contract.
3. To update your employee handbook. Periodic review of your employee handbook is important to ensure that your organization stays in compliance. A general reference guide on all the laws will help you determine if your handbook is complete and is a great resource if you need to create a new handbook or add a policy.
4. To use as a guide for hiring new employees, conducting employee evaluations and ensuring proper termination procedures. A good reference book will provide specific guidelines to follow when dealing with these and other employee issues.
5. To use as a reference point when consulting with an attorney. An employee law guidebook does not take the place of an attorney, and consulting with one is a key ingredient to staying in compliance. However, a good reference book will help you in determining the types of questions you may need to ask your attorney as well as in helping you better understand the counsel that he or she provides.
6. To develop positive employee programs. For example, let's assume you would like to offer an employee assistance program (EAP). A good reference book will provide you with some general guidelines to follow as well as procedures as to how to set it up.
7. To use as a basis for training supervisiors and managers. This may be the best reason of all to have a single-source reference on employment laws in your possession. The number one challenge an HR Manager faces is training and pro-active counseling of supervisors. The number one reason why companies face employee lawsuits is because of a "mistake" made by a supervisor. A general reference employment law guidebook provides an excellent curricula for on-going management training.

Finally, when shopping for an employment law guidebook, look for one that explains the laws fully and in plain English and gives interpretations as to the meaning of each law and examples as to how the laws work. The best guidebooks also contain checklists and question/answer sections that can provide wealth of information.

This blog offers a link to an excellent employment law guide. Click the book cover icon in the upper right corner to find out what it contains and how it can help you maintain a positive workplace environment and avoid adverse employee issues.

State Web Links To Employment Laws

Federal labor and employment laws apply to all states within the United States. However, many states have passed exceptions that are more stringent than some of the federal mandates. In these instances, the state requirements become the law in that particular state.

The minimum wage statutes offer a good example. The federal minimum wage standard is currently $5.15 per hour (speculation is that this will be changed by Congress in 2007). In California the minimum wage is $6.75 per hour. Because California's statute is higher than the federal requirement, the California law takes precedent. (Note: For a list of current minimum wage requirements listed by state go to the Department of Labor Website.)

State requirements can differ from federal statutes in a number of other legal areas as well. It is always prudent to review the state employment laws as well as federal for any state in which your business or organization is operating.

In the right hand column of this blog, you will find links to each state's Department of Labor Websites. To view state laws and other state labor information, simply click on the appropriate state.

Pension Protection Act of 2006

Back in my Dad's generation, when you retired from the company you had worked for (for most of your life), you got a gold watch and a pension. The gold watch left us years ago and pensions are not what they used to be.

However the Pension Protection Act of 2006, signed by the President on August 17th, has the airways, newsprint and Internet humming. What does it mean to the employer? What does it mean to the employee. Everybody has a particular spin on it.

If you want to read a good overview of the new law (as opposed to actually reading the law - which I understand is close to 1000 pages), check out John Godsoe's article. There's also a good (short) article written by Ellaine Morgillo, a financial advisor who write for SeaCoastonline.

A lot of the other articles i"ve read each look at the new law from different angles - so you'll have to do some digging to get an overall analysis of what the experts think. For example:

Karen Sanchez (Forbes) points out that there are some advantages in the law for entrepreneurs who encourage 401K savings. Mary Beth Franklin (Kiplinger) talks about the new funding requirements, among other aspects.

The main purpose of the law, as Kathleen Day (Washington Post) writes in her article is "to give the 44 million active and retired workers who have earned a traditional pension a greater chance of receiving all of it when they retire."

One thing is certain. The days of the "lifer" employee are gone. Workers now change jobs every three to four years. The government fears that these workers, as they get older, will have little saved for retirement. The new law begins to address that issue.

For employers, it means taking a complete look at your pension program, how you fund it and what changes you may need to take.