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Simplifying Employee Performance Feedback Documentation

Employers are familiar with the importance of documenting performance problems. Performance documentation is a critical part of managing employees, providing feedback, and creating a record for promotion or position changes, changes in pay, schedule changes, and layoffs. An accurate record of performance problems greatly assists employers (and their counsel) in defending decisions to take disciplinary action based on poor performance when that employee later complains that a decision was unfair, illegal, or discriminatory. However, an employer’s human resources representative is not usually on the front lines of this task. Busy supervisors are the ones typically responsible for documenting employee performance issues and providing feedback.

Security Breach Notification Becomes More Complex For Employers

With new and sophisticated schemes perpetrated by hackers and scammers, and sensitive personal information becoming increasingly accessible to numerous insiders, it is only a matter of time before most employers will be required to notify employees of a data breach. According to a report released by the Identity Theft Resource Center, the number of U.S. data breaches tracked in 2016 reached an all-time high of 1,093, an increase of 40% over the near-record high of 780 reported data breaches in 2015.

The 'State' Of the Gig Economy Under Trump

There is no question that America’s sharing — or “gig” — economy is growing and showing no signs of slowing down. Studies estimate that approximately 55 million people work on freelance arrangements in the United States today. And not only are gig-based business models such as Uber, TaskRabbit and Postmates popping up on a daily basis, traditional employers are also becoming increasingly comfortable with hiring greater numbers of workers on a project or consulting basis. Another recent study concluded that 40 percent of companies are already hiring workers on project-specific terms rather than under a traditional employment model.

Will Employers Cry Mayday This May 1? What You Need To Know About Planned Protest Activities

May Day has historically been a day marked by workers’ rights protests, with union organizing activities and other employee advocacy actions taking place across the country on what is now known as “International Workers’ Day.” Spurred on by recent “Day Without Immigrants,” “Day Without a Woman,” and “Tax Day” protests, however, this year’s version promises to be bigger than ever. Because your workers could take this opportunity to skip work or otherwise disrupt your operations, you should take the time to educate yourself about your legal obligations – and your rights – between now and next week.

Government Contractor Paid Leave Accrual - Does It Apply to Your Employees? And If So, What Does It Require?

Regulations implementing Executive Order 13706, which requires affected employers to provide paid sick leave of up to 56 hours per year to certain employees, became effective on January 1, 2017.

The First 100 Days: The Trump Administration’s Impact on Labor and Employment Law Thus Far

Twenty-four executive orders, 13 signed Congressional Review Act resolutions, and one failed healthcare bill … political pundits and policy experts are no doubt tallying up these and other actions as we quickly approach April 29, 2017, which will mark the first 100 days of the Trump administration. While there has been some important activity in the labor and employment policy areas during these 100 days, many in the business community are still wondering what the Trump administration’s positions will be with respect to current labor and employment policy matters.

Respectful Treatment' Biggest Driver of Job Satisfaction, Says SHRM Survey

Being treated respectfully is a "very important" contributor to job satisfaction for about two out of every three employees, a new Society for Human Resource Management survey finds.

State Laws Aim to Minimize Joint Employment Liability for Franchisors

Drive down seemingly any major street in suburbia, and you are bound to see a McDonald’s, Dunkin Donuts, Subway or 7- Eleven. Franchises are everywhere and a business model for an employer seeking to have the independence of a small business owner backed by the brand recognition of a large well known company and its products to sell. However, franchises often present unique questions with respect to the employment relationship and defining who is an employee and who is an employer.

EEOC and Orion Energy Systems, Inc. Settle Wellness Case

On April 5, 2017 the Equal Employment Opportunity Commission (EEOC) announced that it had reached a settlement with Orion Energy Systems, Inc. (Orion) relating to the EEOC’s claims that Orion’s wellness program violated the American with Disabilities Act (ADA) because participation was involuntary, and that Orion retaliated against an employee who objected to the program. See

eLABORate: April 20th Puts Medicinal Marijuana Laws in High Focus

Employers should know that popular culture celebrates April 20th a/k/a “Four-Twenty” as an unofficial holiday. Four-twenty is a code term that refers to the annual consumption of marijuana and the celebration of cannabis culture. Observances that revolve around the number 4:20 include smoking or ingesting marijuana at 4:20 p.m. and during other portions of the day. Because employers may anticipate an unusual number of “call-ins” and/or “no-shows” on April 20th, it is time to review the medicinal marijuana laws and drug testing statutes that impact employment eligibility and other workplace issues.
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