| Government Compliance - Religious Accommodation in the Workplace: Federal Contractors' Version of Hobby Lobby Dilemma
by Sandra Zeigler, Esq. and Jacquelyn Peterson - Jul, 2014
Hobby Lobby was decided under the Religious Freedom Restoration Act (RFRA). The Department of Health and Human Services (HHS) argued that for-profit corporations could not have religious beliefs and should not be considered "persons" under the Act. The Court disagreed with HHS, finding that the term "persons," as used in the Act, did apply to closely held corporations. Sandra Scott Zeigler, Esq., a recognized authority on Fede...
| Technically Speaking - Overstock.com and Bitcoin
by Jonathan Johnson and Tim Muma - Mar, 2014
Overstock.com is on the frontlines as the only major retailer to currently accept Bitcoin, a digital currency, for purchases. Jonathan Johnson, Executive Vice Chairman of the Board for Overstock.com, talks to Tim Muma about the decision to accept Bitcoin and the benefits garnered from it. He also describes how it translates into “real money” and what the future may hold. On Technically Speaking, we explore the latest social...
| Employment Notebook - Weight Discrimination
by James Parks and Tim Muma - Mar, 2014
There have been great strides in protecting individuals from certain types of discrimination in the workplace, but it appears one's weight continues to be an area that hasn't been thoroughly addressed. Attorney James Parks is a partner in the Southfield office of Jaffe, Raitt, Heuer & Weiss and a member of the firm’s litigation group. He joins Tim Muma to discuss the key points that are argued in weight discrimination cases, h...
| Management Decisions - Requiring Paid Sick Leave
by Vicki Shabo and Tim Muma - Feb, 2014
A handful of states are passing laws requiring employers to offer paid sick leave for employees. It's been a hotly debated topic in recent years with a number of factors playing a role. Vicki Shabo is the Vice President of the National Partnership for Women and Families and she tells Tim Muma why employees need to be given the benefit of paid time off for illnesss. She also explains the positive results for employers that come...
Self-Plagiarism and Other Ethical Grey Areas
by Alexandra Levit - Oct, 2012
I know a very young and successful business book author named Jonah Lehrer. Lehrer has written two bestselling books and is frequently in the news, but last month it was not for a positive reason. Slate – among other outlets – recently reported that Lehrer had been caught stealing…from himself. “Media watcher Jim Romenesko claimed that Jonah, a newly minted New Yorker staff writer, copied his blog post “Why Smart Pe...
Tips to Help Employees Prevent Illegal Harassment
by Gladis Benavides - Jul, 2012
Be professional at all times. -Consider your attitudes toward harassment with respect to men, women and persons with disabilities or with a different sexual preference, cultural background or religious beliefs. How would you feel if you or a loved one were harassed? What would you do? -Set a positive example. Treat everybody with respect, and let others know you expect the same from them. -Be aware of your words an...
What does it really mean to be an Affirmative Action Employer?
by Terri Swain - May, 2012
It never fails in our office. The frantic phone call because a Department of Labor Office of Federal Contract Compliance Programs (OFCCP) audit letter shows up on a desk, two weeks after sitting on the President's desk, with the yellow sticky note "please handle." Before fear and panic set in, here are some pointers for keeping ahead of the scary audit letter. Explore if your organization IS covered by the Affirmative...
Revised Memorandum of Understanding Warns Employers About Coordinated Enforcement Efforts of the OFCCP and EEOC
by Carmen Couden, Esq. - Apr, 2012
Revised Memorandum of Understanding Warns Employers About Coordinated Enforcement Efforts of the OFCCP and EEOC Much has been written recently about the OFCCP's increased focus on enforcement and its efforts to expand the scope of the obligations with which contractors will be required to comply going forward. However, recent updates to the OFCCP's memorandum of understanding ("MOU") with the Equal Employment Opportuni...
Employment Service Delivery System (State Job Bank)
by Local JobNetwork™ - Dec, 2011
Find Your Employment Service Delivery System (State Job Banks) The publicly-funded state workforce system provides administration of unemployment insurance laws, employment services, training programs, employment statistics and labor market information, and other programs and services. You can find a complete listing of the State Job Banks throughout the country. Washington...
New Law Lets Illegal Immigrants Qualify for State Grants in California
by Marcia Robinson - Oct, 2011
The California Department of Finance estimates that 2,500 more students will qualify for Cal Grants as a result of a new bill signed into law last week by California Governor Jerry Brown. Cal Grants, as the name suggests, are grants funded by the State of California to help students fund higher education. The California Department of Finance estimates that the cost to California for these 2,500 more students receiving Cal Gran...
The Dangers of Social Media – How Employers Can avoid the Pitfalls of Social Networks
by Lisa Harpe - Aug, 2011
Millions of people are actively engaging in social media. A survey conducted by Jobvite suggested that nearly 83% of Recruiters and Human Resource professionals surveyed were planning to use social media for recruiting job seekers in 2011. Dr. Lisa Harpe -- an Industrial Psychologist and Principal Consultant at Peoplefluent -- and Ms. Christy Kiely -- an attorney at Hunton & Williams – discussed the legal implications of using...
Who’s an Internet Applicant? Recruiters Should Be Ready to Answer
by Lisa Harpe - Aug, 2011
On October 7, 2005, the Office of Federal Contract Compliance Programs (OFCCP) released its final rule regarding the definition of an Internet applicant. As mentioned in a November 2005 article by Dr. Michael Harris, the final rule presents four criteria for a job seeker to be considered an applicant, as follows: 1.The individual submits an expression of interest in employment through the Internet or related electronic data...
ALJ RULES ON OFCCP'S DESK AUDIT SCREEN OF ITEM 11
by David Cohen - Aug, 2011
A recent ruling by an Administrative Law Judge (ALJ) regarding Item 11 requests has some important implications for both contractors and the OFCCP. The case, OFCCP v. United Space Alliance LLC, DOL, OALJ, No. 2011-OFC-00002, 2/28/11, can be found here. Before discussing the case, it might be useful to briefly explain the process by which a federal agency obtains approval to request information from employers. When a federa...
What Wisconsin's Concealed Weapon Law Means for the Workplace and Employment Law
by Randy Enochs - Jul, 2011
Recently Wisconsin Governor Scott Walker signed the concealed weapon bill which allows residents 21 years and older to carry a concealed weapon – a handgun, electric weapon such as a taser, knife (other than a switchblade knife), and billy club – almost anywhere in the state, including most places of employment. Wisconsin will issue licenses to carry concealed weapons, subject to background check and training requirements. Sin...
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