Articles Discussing General Human Resources Issues.

At 2 a.m. on Sunday, November 2, 2014, people all across the United States turn their clocks back one hour to end Daylight Saving Time (DST). For many, the change simply means an extra hour of sleep. However, for employers, the time change has unique and important implications. While most employers have developed protocols for dealing with the technological requirements of the time shift — such as adjusting the time in their computer systems, voice-mail, and time clocks — many employers may not be prepared for the other impacts of the time change caused by the end of DST.

Election season can be a heated time. In many contexts, this can mean arguments with friends, family, and acquaintances. It can also mean added tension and disagreement in the workplace. In some cases, employers may seek to minimize political discussions at work. In others, employers themselves may try to introduce politics into the workplace. Regardless of whether an employee may engage in political activity in the workplace, employees may have rights to conduct political activities outside of work, and to take time off from work, where needed, to vote in an election.

As multinational employers are aware, compliance with the anti-corruption laws of different jurisdictions can be complicated, and penalties for noncompliance can be severe, making compliance a priority for multinational companies. FordHarrison has joined with Ius Laboris member firms in Central and South America to produce Corruption in the Americas, a summary of anti-corruption laws in the U.S. and Central and South America. The guide provides key information at a glance on important aspects of the anti-corruption laws, including compliance, relevant laws and regulations, and penalties. The guide is available on the Ius Laboris website as well as the In-Depth Analysis page of the FordHarrison website.

Executive Summary: The recent criminal prosecution of several 7-Eleven franchisees, which arose out of a criminal alien employment investigation, as well as efforts by government agencies to treat franchisors and franchisees as joint employers for the purposes of liability under federal labor and wage and hour laws, highlights the need for franchisors to take proactive steps to ensure they and their franchisees are in compliance with applicable labor, immigration and employment laws.

Corporate computers and information and communications systems (collectively, “electronic resources”) remain the workhorse for most businesses, even as alternatives, such as third-party text messaging services, external social media, and cloud computing, flourish. Employees rely on corporate electronic resources for e-mail, calendaring, business contacts, Internet access, document creation and storage, and a multitude of other business applications. Consequently, for employers, it is critical to establish and maintain their right to inspect all information stored on, and to monitor all communications transmitted by, corporate electronic resources. The corporate acceptable use policy is the linchpin of that effort.

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.