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Labor & Employment Law

Strategic HR Lawyer Strategic HR Lawyer

Dedicated to strategic human resources management and employment law.

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Last Entry: March 28, 2011 at 20:38:56

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Workers' Comp Injury - From Your Wellness Program?

Posted on July 22, 2009
Yup.   Interesting discussion about Frank P. Torre v. Logic Technology, where the New York State Court of Appeals awarded Workers' Compensation benefits to an employee who was injured at the gym.  According to the folks at the Workers' Comp Insider: On first glance, a case like this might seem open and shut...


Benefits Plan Planning for 2009 - FREE Comprehensive Resources

Posted on July 20, 2009
Soon, if not already, employers are beginning to review their benefits plans for next year. The survey that I have relied on the most is the Kaiser Family Foundation's Annual Employer Health Plan Survey. This annual survey provides a look at trends in employer-sponsored health coverage, including changes in premiums, employee contributions, cost-sharing provisions, and other relevant information...


EFCA - Looks Like Card Check is Dead

Posted on July 17, 2009
...scrapped in the Senate in exchange for shortened time between authorization card submission and election.  Today's NY Times says: "Though some details remain to be worked out, under the expected revisions, union elections would have to be held within five or 10 days after 30 percent of workers signed cards favoring having a union...


What NOT to Post on Twitter

Posted on July 16, 2009
The following list was intended as, perhaps, comedic advice to job seekers about what NOT to post on Twitter.  I might suggest that this list be observed by the currently employed as well, lest they quickly join the ranks of the unemployed: 1. Never talk about how you get drunk at work! 2...


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Text Messages Increasingly Used as Evidence in Sexual Harassment Claims

Posted on July 15, 2009
Textual Harassment?  I recently reviewed a friend's cell phone bill. Her 14 year old son had sent 2500 text messages that month. Seems now that such frequency is not limited to 14 year olds. Your employees are texting and they're not being very nice...


Affordable Health Choices Act

Posted on July 15, 2009
For those feeling too inundated to follow the debate on health insurance at the federal level, here's a basic overview of the what has come out of Senate's Senate's Health, Education, Labor and Pensions (HELP) Committee on this subject. Affordable Health Coverage: Prohibiting Discrimination Based on Health Status...


Facebook: Almost 30% of All Users are Between 35 and 54

Posted on July 10, 2009
It's time to button up those technology, web and social networking policies! Contrary to popular thinking, only about 25% of Facebook users are under 35.  24- to 34-year-olds represent only about 25 percent of users. The reasons for this growth in the older population signing on is attributed to more job networking (or perhaps seeing what their children are doing on there)...


2009 - 2010 Salary Budget Planning - Almost Going Backwards....

Posted on July 08, 2009
Recent research by World at Work in its 2009-2010 Salary Survey shows that based upon a survey of over 2600 companies conducted in May 2009, that your average salary increase for this year will range from 2.0 to 2.3 percent, depending on company level...


EEOC Issued Notice of Proposed Rules Under the ADAA

Posted on July 04, 2009
The EEOC recently voted to approve a proposed Notice of Proposed Rulemaking (NPRM) to conform its ADA regulations to the American's With Disabilities Amendments Act (ADAA). The proposed NPRM is now sent for comment by other federal agencies...


Hiring Summer Help: Doing It Right

Posted on May 17, 2009
For those considering hiring teens this summer, these links to pages on the USDOL website offer useful information for compliance with state labor laws relating to minors. The first is a Summary of State Laws Concerning Child Labor Standards Affecting Minors Under 18...


NYBA Conference

Posted on April 26, 2009
I had the opportunity to speak at the New York Biotechnology Association's Annual Conference at the Marriott Marquis in NYC this past week.  I participated in a panel on Diversity in the Workplace and, not surprisingly, addressed the legal issues associated with workplace diversity programs...


Layoffs, Severance and Other Questions

Posted on April 07, 2009
I have been doing a fair amount of writing lately on the subject of layoffs, severance and related issues.  No wonder with unemployment reaching 8.5%.  In addition to an upcoming article which will appear soon in the Daily Bankruptcy Review, I have also written a lengthy article on planning and communicating for layoffs that will appear in the Journal of Private Equity...


The Binghamton Tragedy and the Workplace

Posted on April 05, 2009
The recent mass shooting in Binghamton shows us the true desperation of some who have been  affected by the current economic climate.  For those of us who are responsible for managing in the workplace this should make us think about the manner in which we treat employees and how our actions can influence such unwanted and unpredictable behavior...


Use of Revised I-9 Now Required

Posted on April 03, 2009
The U.S. Citizen and Immigration Services Department issued a reminder that today, April 3rd is the day to begin using the new I-9 form.  Originally, the new form was to go into effect in February, but that date had been revised to April 3rd.   A few notes are in order: 1...


Oops! A Tweet on Twitter Can Twitter Away a Job Offer

Posted on March 26, 2009
A recent job offer from Cisco caused a recent flurry of web activity for an unfortunate job applicant and demonstrates some of the perils of social media.  Seems that a recent job applicant tweeted the following from her twitter account: "Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work...


My COBRA Webcast

Posted on March 24, 2009
Here is a link to my COBRA Webcast - Ensuring Compliance with the New COBRA Revisions Under the American Recovery and and Reinvestment Act.  Can't believe that I forgot to post this, although I know a number of you accessed this through my recent newsletter...


Department of Labor Issues Model COBRA Notices for Compliance Under ARRA

Posted on March 19, 2009
Today the US Department of Labor issued revised COBRA notices which are intended to help organizations comply with the new COBRA provisions of the American Recovery and Reinvestment Act. There are four new notices available: 1.     General Notice (Full version) – Send this notice to ALL qualified beneficiaries going forward...


Proposed Rule Issued Under the Genetic Information Nondiscrimination Act

Posted on March 10, 2009
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a Notice of Proposed Rule Making implementing employment provisions of the Genetic Information Non-Discrimination Act of 2008 (GINA). Title II of GINA, which relates to employment, goes into effect on November 21, 2009...


The "Reverse Merit Program" - A Crazy Idea for Crazy Times

Posted on March 08, 2009
  In the midst of the current economic crisis and the flurry of employment law activity under the new administration, it's easy to forget the first word of this blog. The whole purpose of the name Strategic HR Lawyer was intended to focus not only on employment law but also elements of strategic human resources management...


Transit Benefit Increase

Posted on March 04, 2009


Ban on Cell Phones While Driving

Posted on March 02, 2009


COBRA Guidance from the USDOL and IRS

Posted on March 01, 2009


Clarifications Issued to NY WARN Act

Posted on February 18, 2009
I recently reported that New York State became one of several other states to enact its own mini-Warn Law.  In summary, the New York State Workers Adjustment and Retraining Notification (WARN) Act requires the following: Employers must provide 90 days’ notice prior to a plant closing, mass layoff or relocation occurring on or after February 1, 2009...


Your 2009 Raise is Going DOWN

Posted on February 12, 2009
World at Work recently issued the results of a recent survey on compensation budget increases for employees for 2009.  The issue relates to whether employers, in light of the economy, are decreasing their salary budgets for 2009 from their original estimates/budgets...


Three Executive Orders Issued by President Obama

Posted on February 09, 2009
President Obama issued three Executive Orders applicable to labor law, which, in part, specifically reversed policy under President Bush.  And, its time for the DOL to update it's website for our new President. Here are the new Executive Orders: Economy in Government Contracting This Executive Order specifically prohibits federal contractors from using federal monies received under their contracts to persuade employees not to join a union...


May 21, 2009 - The New Effective Date for Federal Contractors and E-Verify

Posted on February 03, 2009
The U.S. Citizenship and Immigration Services (USCIS) has announced that Federal Contractors must begin using its E-Verify system beginning on May 21, 2009, to verify employees’ eligibility to legally work in the United States. This rule requires federal contractors to agree, through language in their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors’ current employees who perform contract services for the federal government within the United States...


Issuance of List of Approved I-9 Documents Delayed

Posted on February 02, 2009
U.S. Citizenship and Immigration Services (USCIS) has announced a delay of 60 days for the issuance of an approved list of documents acceptable for I-9 compliance.  For more on the recent USCIS announcement follow this link: USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility


Time To Post Your OSHA 300 - Employer Report of Injuries

Posted on January 15, 2009
By February 1st, most employers must post a summary of workplace injuries which occurred in the the previous year. Even if you had no injuries last year, you must still post the report with “zeros” in the required fields. Follow this link to the Occupational Safety and Health Administration's: Forms for Reporting Workplace Related Illnesses and Injuries By February 1, most employers must report a summary of workplace injuries which occurred in the the previous year...


New FMLA Poster Issued

Posted on January 02, 2009
The US Department of Labor has issued a ervised FMLA poster incorporating the new regulatory changes.  The DOL's site also has some new information and forms which can immediately be used for compliance. Follow these links: Employer Response for Employee Request for Family & Medical Leave - Form WH-381 The DOL's Fact Sheet on the FMLA which can be used to provide general written information about the FMLA to employees who request it...


Time to Goof Off

Posted on December 24, 2008
One of the new themes in time management workshops is to goof off  So, in honor of the Christmas Eve holiday, when those who are working are doing their best to try not to, here are the recommendations: Read a book at work – the general idea here is that it's not supposed to be the latest best selling novel – but if reading works better than staring at a computer when you are trying to learn something at work, then by all means do it...


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