Next Concept HR Magazine
Blog Home All Blogs
Next Concept HR Magazine focused on What's Next for what matters most to HR. Insightful and timely, it covers best practice trends and presents new ideas and concepts to keep readers up-to-date with the latest in our field. Voices from our nationwide community contribute to a wide range of topics. Articles include valuable practice resources, news and views to provide training, legal and legislative developments, info on quality service providers, and opportunities to form career-long networks and partnerships. Subscribe at: http://nextconcepthrmagazine.com/blog/

 

Search all posts for:   

 

Top tags: hr  NCHRA  HR Management  Human Resources  HR Leadership  leadership  employee engagement  employee  employee retention  workplace  management  company culture  recruiting  HR West 2017  HR West 2019  HR West 2018  hiring  HR West Speaker  HR Tech  HR West 2016  blog  employee wellness  HR West  Workforce  Engagement  human resources management  culture  effective leadership  communication  Karen Rodriguez 

California Employers May Sue for Online Defamation

Posted By Editor, Laurie, Wednesday, March 21, 2018
Updated: Wednesday, March 21, 2018

Contributed by James J. McDonald, Jr., SPHR, SHRM-SCP, Fisher & Phillips LLP.

The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as Glassdoor or Vault, or on customer review sites such as Yelp. Until recently, employers had little recourse.

Website operators are generally immune from liability under the federal Communications Decency Act of 1996, and they historically have objected strenuously, on First Amendment and privacy grounds, to identifying people who post defamatory comments anonymously on their websites.

>>> Read the article here.

Tags:  HR law  HR Legislation  workplace law 

Share |
PermalinkComments (0)
 

Legalizing Marijuana: What's an Employer to do?

Posted By Editor, Wednesday, November 2, 2016


Contributed by Becky Barton

These days it’s difficult to avoid the election mania covered by the various media outlets. Given the major spotlight on the presidential race, you may not know that the potential decriminalization of marijuana will be on the ballot in several states.

California, Arizona, Maine, Massachusetts and Nevada will all weigh in on legalized marijuana for recreational use (also known as “adult use” and “non-medical use”) where it is currently approved for medical use only. Another 3 states (Arkansas, Florida, and North Dakota) will decide on the future of cannabis for medical use in their states.

Supporters of the ballot measures see this as a boon to the states’ economies via increased taxes and job growth for cannabusiness people. We have seen 25 states and the District of Columbia legalize marijuana in some fashion, making a continued trend of legalization highly likely.

So what does this mean for business owners and employers? Marijuana remains illegal under federal law and the state-by-state variations make this particularly confusing. For example, within the subset of those states approved for recreational use, the amount an individual can personally carry varies.  As an employer, particularly a multi-state employer, these variations can be an administrative and enforcement nightmare.

Or do they? After all, alcohol is a mind and behavior altering substance that’s been legal for over 80 years and we seem to manage that in the workplace, right? Wouldn’t this be treated similarly? Well, it depends. Many laws clearly state that employers don't have to accommodate medical marijuana use during work hours or on company property while other states require reasonable accommodations for workers with disabilities (specifically as it relates to drug testing and adverse action).

The key is to know what is required by the states in which you operate, create an employment policy that complies with state law and enforce it consistently amongst employees of similar work groups.

The Bottom Line: Work with an HR consultant or an employment law attorney to navigate these unchartered waters. They should be watching how these new laws are interpreted by the courts and have your back should your policy need updating.

 

Becky Barton is the founder of People415, a San Francisco-based Human Resource Consultancy Firm helping companies navigate every stage of their growth.

Tags:  behavior  company culture  employee  employee communication  employee health and wellness  employee relations  Employee Training  employee wellness  healthcare expenditures  hr  HR Communication  HR law  HR Legislation  Human resources management. HR Leadership  law  leadership  management  marijuana  Policies  workforce 

Share |
PermalinkComments (0)
 

2016 HR Legislation Predictions

Posted By Laurie A. Pehar Borsh, Wednesday, February 17, 2016

2016 HR Legislation Predictions 

You don’t need a crystal ball to predict that workplace issues will generate a lot of buzz this year—President Obama made as much clear in his last State of the Union address. With lawmakers focusing on equal pay, paid family leave, and more at the federal and state level, it’s a sure bet that 2016 will see a wave of changes in the world of compliance. Here’s our HR legislation forecast:

1. States and municipalities, not Congress, will look to close the gender pay gap.

While Congress failed to pass the Paycheck Fairness Act last fall, the prospects for gender pay equality have never been stronger. President Obama's proposed EEO-1 rules could go a long way, but it's legislation at the state level that will make the biggest impact.

The California Fair Pay Act took effect earlier this year and has already been called the toughest of its kind in the country. Following suit, New York passed its own take with the 
Achieve Pay Equity Bill. The success of these new laws could spur other states to take matters into their own hands. Massachusetts looks to have already done so, with their state senate scheduled to take up the issue this week.

2. Several states will act on paid leave, which will feature heavily in the presidential race.

In an election where the environment, economy, and terrorism were expected to be the focus, paid leave has taken much of the spotlight. Candidates from both parties have put forth paid family leave proposals, some more far-reaching than others. There are only three states (New Jersey, California, and Rhode Island) with paid family and medical leave laws, but national attention could prod lawmakers to act. Earlier this month, New York Governor Andrew Cuomo asked his state’s legislature to make it priority and the District of Columbia is expected to pass one of the country’s most ambitious family leave laws this year.

3. ACA requirements will become very real for employers.

Ready or not, here it comes: welcome to year one of ACA reporting. Employers have had two years, with a few welcome delays, to prepare. Knowing this, the IRS and Department of Labor may not monitor with the leniency some are hoping for. DOL auditing alone has reportedly gone up 300 percent year-over-year.

Hoping for an eleventh-hour reprieve? With the Supreme Court yet again turning down appeals to review the Affordable Care Act, the law looks safe for at least this year.

4. The Cadillac Tax will come one step closer to the scrapyard.

Things aren’t looking pretty for the so-called Cadillac Tax. With every major presidential candidate and90 Senators and 290 House representatives openly against the tax, its delay last month likely served as a preview of things to come. Facing pressure from Republicans and even his own party, President Obama could relent in exchange for concessions on other initiatives, like paid leave.

5. New overtime rules will make a big splash in 2016.

The summer’s biggest blockbuster might come from the Department of Labor, which is expected to unveil new overtime rules this July. The change would raise the minimum salary for overtime exemption from $23,660 to $50,440. In other words, that means that every worker, regardless of their duties, will be eligible for overtime if they make less than $50,440. That’s a big deal, especially for white collar workers. Expect your HR department to take a long, hard look at employee classification this year if they haven’t already.

Those are just some the year’s top stories that we’re keeping tabs on in our new HR newsroom.  With workplace issues on the forefront of voters’ minds, some could feature heavily in this year’s presidential race. As for that other big 2016 prediction?

Reply hazy, try again.  

 

About the Author

Andy Przystanski is HR Content Specialist at Namely, the all-in-one HR, payroll, and benefits platform built for today's employees. Connect with Andy and the Namely team on TwitterFacebook, and LinkedIn.

Namely is a Platinum Sponsor of HR West 2016, March 7-9th at the Oakland Convention Center. Visit Namely's Booth #6 to learn how all-in-one HR technology paired with expert brokers makes HR management easier. 

 

Namely CEO, Matt Straz will present session #610, Hiring for High-Growth.  

 

Register for HR West today. 

 

Tags:  aca  cadillac tax  HR  HR Legislation  HR West 2016  human resources  Matt Straz  namely  NCHRA  overtime  paid leave  payroll 

Share |
PermalinkComments (0)