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The Supreme Court of the United States (SCOTUS) heard several cases with employment implications during their 2018 session, including the following four cases we covered in detail. (Click the case names to read the full articles.) Encino Motorcars, LLC v. Navarro: Encino shifted the burden of proof in Fair Labor Standards Act (FLSA) overtime exemption … Continued
NLRB Provides Insight on How it Will Address Employer Policies On July 13, 2018, the General Counsel of the National Labor Relations Board (NLRB or Board) released three advice memos providing guidance to employers about how the NLRB will evaluate handbook policies and work rules under the new Boeing standard established in December 2017. These … Continued
Question: Are we allowed to ask employees or applicants whether they’re taking prescription drugs? Answer: No. In most instances you are prohibited from asking employees and applicants about any prescription medicines they are taking. This type of medical-related inquiry is considered confidential medical information and is protected under the federal Americans with Disabilities Act (ADA) and … Continued
Incidences of workplace violence are becoming more common and are all over the news. It’s not just high-profile headline cases that are a concern—it’s happening on a smaller scale in all kinds of businesses. Threats to workplaces can take many forms, from cyberbullying and workplace harassment to physical altercations and targeted violence. The Occupational Safety … Continued
NLRB: Guidance on Handbook Rules Post-Boeing On June 8, 2018, National Labor Relations Board (NLRB) General Counsel, Peter B. Robb, released a memorandum (GC 18-04) providing guidance to regional offices under the NLRB’s decision in Boeing. Per Boeing, the NLRB evaluates facially neutral handbook policies and work rules by a balancing test of impact versus … Continued
Are you having a hard time keeping up with the steady flow of news and information that affects your workplace? Let ThinkHR help! We’ve curated some of the stories from business, news, human resources, benefits, and risk management publications that caught our eye this June. Just Don’t Ask Job candidates are covered by the Civil … Continued
The 2,232-page budget spending bill that was signed by President Trump on March 23, 2018, included an amendment to the Fair Labor Standards Act (FLSA) prohibiting employers, managers, or supervisors from collecting or retaining tips made by employees, regardless of whether the employer takes a tip credit. This law essentially blocked the U.S. Department of … Continued
Summary plan descriptions (SPDs) are required for all retirement, health, and welfare plans subject to the Employee Retirement Income Security Act of 1974 (ERISA). However, misconceptions about this requirement are widespread. ERISA attorney Stacy H. Barrow, partner with Marathas Barrow Weatherhead Lent LLP, had a chat with ThinkHR about the importance of having proper ERISA … Continued
