Articles Discussing General Human Resources Issues.

Nexsen Pruet attorney Grainger Pierce appeared on the Saturday, August 16 edition of the syndicated radio program The Legal Forum. The hour-long discussion of Employment and Labor Law aired on WAVO 1150 AM in Charlotte, NC.

The Senate has voted overwhelmingly in favor of advancing a bill that would provide a tax incentive to employers that move their overseas jobs back to the United States, and eliminate a tax credit for moving operations outside the country. The chamber voted 93-7 to send the Bring Jobs Home Act (S. 2569) to the Senate floor for consideration.

One of the few employment-related bills considered this term is on its way to the President’s desk. On July 9, the House overwhelmingly approved the Workforce Innovation and Opportunity Act (H.R. 803) by a vote of 415-6 (with 11 not voting).

In a rare act of bipartisan cooperation, the Senate on Wednesday approved by a vote of 95-3 a bill that reauthorizes and consolidates a number of federal job training programs. Among other things, the Workforce Innovation and Opportunity Act (WIOA) amends and reauthorizes the Workforce Investment Act of 1998 (WIA), eliminates 15 existing federal workforce programs and streamlines others, and allows businesses to provide greater input at the local level regarding the types of skills needed in today’s economy. Sponsored by Senators Patty Murray (D-WA), Johnny Isakson (R-GA), Tom Harkin (D-IA), and Lamar Alexander (R-TN), the WIOA blends provisions of the House-passed Supporting Knowledge and Investing in Lifelong Skills (SKILLS) Act, and the Workforce Investment Act of 2013 (S. 1356), which has been pending in the Senate. The legislation reflects months of bipartisan and bicameral negotiations to reach an agreement on improvements to the workforce development system.

Continuing the theme of the Administration’s “opportunity for all” agenda, on Monday, June 23 the White House Council on Women and Girls, the Department of Labor (DOL), and the Center for American Progress (CAP) hosted a Summit on Working Families.

Executive Summary: The U.S. Supreme Court recently held that a public employee’s truthful sworn testimony, under subpoena, which was not part of his ordinary job duties, was entitled to First Amendment protection. See Lane v. Franks (June 19, 2014).

The recent ruling by an administrative judge that the Federal Trade Commission (FTC) must testify about the data security standards it uses to pursue an enforcement action against LabMD, Inc. (LabMD) generated intense interest among data security professionals. Although human resources professionals and in-house employment counsel typically are not close followers of the FTC’s activities, they should take note, too. The FTC’s standards for “reasonable” data security offer employers valuable guidance in navigating their obligations to safeguard employee data.

As the school year draws to an end, businesses will be inundated with applicants searching for temporary summer employment. For minors there may be no more pencils, no more books, and no more teachers’ dirty looks, but for employers summer comes with its own homework assignment: child labor law compliance. Accordingly, employers’ summer reading should include a review of applicable statutes and regulations governing minors’ employment, including requirements, obligations, and pitfalls associated with hiring minor employees.

Executive Summary: Employers in 15 states (and the Virgin Islands) may not be eligible to claim the maximum amount of credit for state unemployment contributions on their 2014 federal unemployment tax (FUTA) return (Form 940) because their state has had an outstanding federal unemployment insurance (UI) loan for at least two years.

Legislation would Effectively Prevent NLRB’s Representation Election Rule From Moving Forward.

In the 24/7 healthcare world, it is not uncommon for nurses and other health care professionals to work long hours and overnight shifts. In a recent case in Ohio, a family of a deceased 38 year old nurse is suing The Jewish Hospital of Cincinnati where she used to work as a nurse in the bone marrow unit. A year ago, the nurse lost control of her vehicle driving home after completing a 12 hour shift at the hospital and passed away.

Brace yourselves, employers: March Madness is upon us.

At 2 a.m. on Sunday, March 9, 2014, people all across the United States set their clocks forward one hour to start Daylight Saving Time (DST). The change is intended to place more sunlight into “daytime” hours in order to seemingly stretch the day longer and conserve energy. In fact, 2014 marks the eighth year DST was expanded by four weeks pursuant to the Energy Policy Act of 2005.

Executive Summary: March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to many; however, permitting such activities creates a wide range of risks for employers, from productivity loss to discrimination and disability issues and even criminal penalties. Newly allowed online gambling can also create headaches for employers and IT departments. Before turning a blind eye or participating in the pool, here are a few risks with which employers should become familiar.

A recent trend is developing of late where employers are considering “no smoker” employment policies. These policies go beyond “no smoking in the workplace;” some ban employees from smoking at any time. Such policies may lower insurance premiums. Some employers also suggest that these policies cut down on productivity issues due to smoke breaks and high absenteeism due to smoking-related illnesses. Opponents of these policies argue that they are discriminatory or in violation of privacy laws. This raises an interesting debate.