NLRB Names McDonald's as 'Joint-Employer' at its Franchisees
December 22, 2014

Move is Win for Unions' Effort to Hold Franchisers Liable for Labor violations by Store Owners

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Notable Neighbors--NOARK Member Sheerah Davis,
December 22, 2014

Sheerah Davis, VP, Mitchell Commications Group, Springdale

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EEOC Sues Employers Over Wellness Programs, Despite Lack of Guidance
December 19, 2014

The Equal Employment Opportunity Commission (EEOC) filed lawsuits in 2014 against three employers, claiming that wellness programs sponsored by the employers violate the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA), primarily because the programs are not "voluntary" and impose penalties for employees who refuse or are unable to participate. However, the merits of these claims are difficult to evaluate because the EEOC has not issued guidance on what constitutes a "voluntary" wellness or health program. In addition, the EEOC's claims may conflict with wellness plan guidance issued by other federal agencies under the Affordable Care Act (ACA) and the Health Insurance Portability and Affordability Act (HIPAA).

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Integrity Staffing Solutions, Inc. v. Busk
December 18, 2014

Holding: The time spent by warehouse workers waiting to undergo and undergoing security screenings is not compensable under the Fair Labor Standards Act, as amended by the Portal-to-Portal Act.

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Employees May Use Company Email for Protected Concerted Activity!!!
December 15, 2014

The National Labor Relations Board (Board) held that an employer must "presumptively" permit employees' use of the employer's email for statutorily protected communications on nonworking time, if the employer gives employees access to the employer's email systems. Purple Communications, 361 NLRB No. 126 (2014).

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NLRB Announcing Ambush Elections Rule
December 12, 2014

Today, December 12, the National Labor Relations Board (NLRB) issued a final rule designed to speed up the union election process. While SHRM is still reviewing the final rule, it appears to be virtually identical to the rule as proposed.

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DOL Announces Final Rule Protecting LGBT Workers from Discrimination
December 04, 2014

The Final Rule implements an Executive Order signed by President Barack Obama on July 21, 2014, making it illegal for federal contractors to discriminate against employees and applicants on the basis of sexual orientation or gender identity, which protects lesbian, gay, bisexual and transgender (LGBT) employees from such discrimination. This Executive Order amended Executive Order 11246, signed by President Lyndon B. Johnson in 1965, to add sexual orientation and gender identity to the list of protected categories covering federal contractors.

The implementation of the rule means that covered federal contractors are now required to have Equal Employment Opportunity policies and/or procedures in place to protect employees from discrimination on the basis of sexual orientation and gender identity. In addition to the new protections for federal contractors, federal employees, who are already protected on the basis of sexual orientation, will be protected from gender identity discrimination, which has not been previously protected.     

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myE-Verify Teleconference Invitation
December 02, 2014

U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a listening session on Tuesday, Dec. 16, from 2–3p.m. (Eastern) to discuss a new website for U.S. workers called myE-Verify.

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