Articles Discussing General Human Resources Issues.

The new year is a time for reflection. With that reflection often comes a resolve for change, from small modifications of some old habits to wholesale new beginnings and everything in between. From a business perspective, this is also an ideal time to review, update, and revise the company handbook, either in its entirety or individual policies and procedures. While there is a wide range of possibilities, we highlight two noteworthy items to guide your policy review as we usher in 2015.

Thank you to everyone who participated in this year’s Employment and Labor Law Final Exam. We hope the exam was challenging and informative. Congratulations to Margi Fleming and Danisha Sheppard. Both Margi and Danisha will receive an awesome prize for their perfect scores.

In an eleventh-hour attempt to avoid a government shutdown, the House of Representatives narrowly approved in a 219-206 vote a measure that would fund the federal government through September 20, 2015, with the exception of funding for immigration enforcement, which receives shorter-term “continuing resolution” funding. The Senate is expected to do the same. Part continuing resolution and part omnibus appropriations bill, the final “cromnibus” legislation includes a number of provisions affecting the workplace.

Although this year’s labor- and employment-related legislative activity was down slightly from that of 2013 – in part due to congressional gridlock – by no means was 2014 insignificant. Throughout the year, an influx of new and amended laws requires employers to establish, revisit, or revise policies and practices. Although the November elections changed the political landscape in Washington as well as in a number of states, the contests were not solely between candidates for office. Voters also went to the polls to voice their position on ballot initiatives benefitting employees. On these issues, voters resoundingly approved pro-employee measures. Approval of these ballot measures suggests that employers could face even more new state and local mandates in the years ahead.

It’s time once again to test your employment and labor law knowledge with Nexsen Pruet’s fourth annual final exam. From new legal decisions to black letter statutory law, it’s your chance to show off your legal prowess.

By now, even with 13 House and 2 Senate seats still undecided, it is clear that Republicans scored big on November 4. At last count, the Senate gained at least seven Republican seats, securing the GOP’s control of Congress’s upper chamber. Republicans gained a sizable number of seats in the House of Representatives as well, with the current Republican-Democrat breakdown of 243-180. So what does this mean for employers? A lot.

Innovations in technology have blurred the lines between work and private life. Many professionals regularly utilize personal devices, such as smart phones and tablets, while in the office, and can likewise access company files electronically through work-issued computers while at home. Given the lack of a bright-line distinction between that which is work and that which is private, employees may be tempted to engage in conduct on personal accounts or devices that would otherwise be clearly prohibited in the office.

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).