Monthly Archives: February 2016

EEOC LOSES BATTLE, BUT MAYBE NOT THE WAR, OVER WELLNESS PROGRAMS

It is now a part of the strategic business plan for most employers to have implemented some form of wellness program for their employees.  These programs are intended to improve the health of employees with the goal of preventing sickness and motivating employees to lead healthier lives.  From the employer’s perspective, these programs are aimed toward the critical financial goals of decreasing (i) the rising cost of healthcare, (ii) illness related absenteeism, and (iii) reduced performance while at work.  Often, these programs include wellness screening tasks, including the collection of biometric data (height, weight, blood pressure, cholesterol, and blood glucose levels) to identify health risks.  It is estimated that 80% or more of employers with a wellness program screen their employees for evaluation and preventive interventions.  As part of the wellness landscape, however, the Equal Employment Opportunity Commission (EEOC) has been challenging employer wellness programs for allegedly violating the Americans with Disabilities Act (ADA). Read More »

EEOC PROPOSES TO REQUIRE LARGE EMPLOYERS TO REPORT PAY DATA

On January 29, 2016, the Equal Employment Opportunity Commission (“EEOC”) announced that it was proposing a change to the reporting requirements of annual EEO-1 reports, which would require covered employers to report information on their employees’ pay.  If implemented, the changes will take effect with the September 2017 report.  The purpose of this proposed change is to assist the EEOC and the Department of Labor (“DOL”) in identifying possible pay discrimination.equal%20pay Read More »

UBERIZATION OF THE WORKPLACE, PART 2: UBERIZATION OF EMPLOYER/EMPLOYEE/INDEPENDENT CONTRACTOR RELATIONSHIPS – AN INTRODUCTION

This blog post is part two of a six part series on the impact the Uber business model is having on employment laws across the nation.

Living in a state that still prohibits Uber from operating within its borders (at least as of the time of this writing), my experiences with the company are fairly limited.  That being said, I spent my time on every Uber ride learning a little bit about my driver and came away with a very positive view of the experience each time.  One reason I wanted to get to know my driver is because I know I will be asked to rate my ride after reaching my destination.  This is very important to the driver because their continued relationship with Uber depends upon the feedback received.  Here’s what I’ve learned from my Uber experiences:  Read More »

MANAGING CUBICLE CUPIDS: AN EMPLOYER’S GUIDE TO HANDLING OFFICE ROMANCE

i carry your heart with me (i carry it in my heart)
I am never without it (anywhere
i go you go my dear;
and whatever is done
by me is your doing, my darling) i fear
no fate (for you are my fate, my sweet) I want
n
o world (for beautiful you are my world, my true)
and it’s you are whatever a moon has always meant
and whatever sun will always sing to you
here is the deepest secret nobody knows
(here is the root of the root and the bud of the bud
and the sky of the sky of a tree called life; which grows
higher than the soul can hope or mind can hide)
And this is the wonder that’s keeping the stars apart
i carry your heart (i carry it in my heart)

e.e. Cummings 

It’s February, and it’s time for my annual “Cubicle Cupids” article.  With Valentine’s Day approaching, your employees may have romance on their minds.  Let’s face it – the workplace is a convenient venue to find that special someone given the amount of time many employees spend together in the workplace, and of course, the shared experiences.  Office romances always have some impact on the workplace, and smart employers must be equipped to handle the issues which arise from these relationships. So, what arrows can you use to fill your quiver?

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DOL ISSUES NEW GUIDANCE ON JOINT EMPLOYMENT UNDER THE FMLA

Between the U.S. Department of Labor (DOL) and the National Labor Relations Board, joint employment is quite the hot topic. Of course, we’re all over it here on our blog, which is why you need the details on the new Fact Sheet the DOL recently issued discussing joint employment in the context of the Family and Medical Leave Act (FMLA).Untitled Read More »

THE DOL TAKES ITS TURN WITH JOINT EMPLOYMENT

You may have heard that the concept of joint employment is getting its share of recent attention.  First, the NLRB got involved, with its decision in Browning-Ferris industries, which we wrote about here.  OSHA and the EEOC have been poking around in the area, too.  Now, it appears to be the Department of Labor’s turn.  Read More »

ARE YOU BEING NOSY OR BURYING YOUR HEAD?

When dealing with their employees’ needs for accommodations due to religious, disability, or family leave reasons, it’s necessary for employers to know some personal information about their employees.  But, simply asking for information can be considered a violation of certain employment laws.  What’s an employer to do? Nosy-Neighbor558X279 Read More »