Two News Items of Interest to HR

The arena of human resources is not a static one. Rather, one of the main challenges for people in the profession is the fact that rules, regulations, and practices are changing all the time. In that vein, I have several things in the news of which you need to be aware. Exempt salary level Back …

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Can you prohibit employees from taking photos at work?

The answer, like many in HR, is it depends on the circumstances. If you ask the NLRB they will tell you “No” if it interferes with an employee’s rights under the National Labor Relations Act. In fact recording of any kind, photographic or voice, has to be allowed baring some valid legal or business justification. …

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Do you know the penalties for improperly classifying employees as Independent Contractors?

I gave a presentation the other day, on behalf of ComplyRight,  on how companies can incorrectly classify workers as independent contractors rather than employees. Many companies think that using independent contractors is a prudent way of doing business. It reduces an employer’s liabilities, keeps costs down and provides greater flexibility than might be achieved by …

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Can an employer restrict employees from leaving their work station?

The answer to that question is a qualified “maybe” or “maybe not.” Generally it is a given that an employer can control, if they want, when an employee can leave a work station. However, the National Labor Relations Board (NLRB) has offered a different interpretation that restricts an employer’s ability to have this restriction. Watch your …

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Do your confidentiality and nondisclosure agreements violate Federal law?

Most companies try to protect proprietary information by having employees sign confidentiality and nondisclosure agreements. Unfortunately in the eyes of various regulatory agencies these agreements are considered to be too restrictive and violate various aspects of federal law. Violated provisions According to attorney Andrew Trimble of McBrayer, McGinnis, Leslie & Kirkland, PLLC, there are three …

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Unions now have access to your email

Late last year the National Labor Relations Board rendered a couple of decisions that are a radical departure from previous actions. I wrote about these on December 15th. One of those decisions dealt with whether employees can use a company email system to conduct union organization. In a 3-2 decision along party lines the NLRB …

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Indiana Supreme Court Upholds “Right-to-Work” Legislation: A signal to other states?

I just held a class on Labor Law and one of the concepts we discussed was “right –to-work”. Many people confuse “right-to-work” with “employment-at-will.” Simply put, EAW is a common law concept that says that employers and employees both have a right to terminate their working relationship at any time for any reason, as long …

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