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When is a Union Not a Union? When It’s a “Worker Center”

by Steve Bernstein in Food & Beverage, Human Resources, Legal, Lodging. Posted June 4, 2015

When the word union is thrown around everyone seems to cringe. Steve Bernstein walks us through the ins and outs of what “worker centers” concept. The fast-food industry has fallen prey to coordinated demonstrations by a number of loosely affiliated groups, rallying around wages, benefits and other conditions. The strategy invoked by these so-called “worker centers ” (or ...

Managerial Exemption and Class Actions

by Colin Calvert in Human Resources, Legal. Posted June 4, 2015

On March 20, 2013 a California Appellate court reinforced the fact that employees who attempt to certify class actions claims of “misclassification” of exempt employees (and related meal- and rest-period claims) face an uphill battle. William Dailey v. Sears, Roebuck and Company. Background Sears operates several auto centers throughout the San Diego area. The auto centers ...

Love is in the Air: Workplace Romance Policies

by Ria Chattergoon in Human Resources, Legal. Posted June 4, 2015

Ria Chattergoon of Fisher & Phillips recently published an article titled “Love is in the Air” in our partner publication In the Mix. In this piece, she discusses some factors that lead to romantic attraction between employees, and the steps companies should take to ensure a relationship won’t end in litigation. Read More (Page 34)!

What Came First — Management Discipline or the Employee Complaint?

by Tillman Coffey in Human Resources, Legal. Posted June 4, 2015

You finally have decided to take the long overdue disciplinary action. Just before you do, the employee to be disciplined, possibly sensing what’s about to happen, makes a complaint of harassment. This is the first you’ve heard of this problem. Is the complaint legitimate? What do you do? Continue with the planned disciplinary action? Put ...

State of the Unions – New Tactics Target Unorganized Workers

by Matthew Korn in Human Resources. Posted March 6, 2014

If you’ve been following the news, you probably realize that it has been a busy year for organized labor. The percentage of unionized workers in the private sector has fallen to historic lows, leaving unions with fewer dues-paying members, and motivating them to adopt new tactics to stem the decline. Exploiting a more favorable environment created by recent ...

What Hotel Leadership Should Know About the Emerging Trend of Assault and Battery Claims

by Michael Elkon in Human Resources, Legal, Safety & Security. Posted January 16, 2014

Ask nearly any leader in the hotel industry and/or their HR manager for the definition of a “hostile work environment,” and they will have a pretty solid answer. That’s because many of them have had to handle employee claims for illegal harassment. Further, these leaders, for the most part, have dealt with such employee issues ...

Wash Your *!&# Hands! Employers And The Flu

by Howard Mavity in Featured, Human Resources, Safety & Security. Posted January 6, 2014

Almost 4.1 million employees missed work due to illnesses like the flu last January, which was the most since 2008. Even worse, the four-month peak season lasted through March, so the numbers continued to add up. Some years, absences during that four-month period ran at 3.8 million a month, for a whopping total of 15+ ...

The 2013 Employment Law Year in Review

by Richard Meneghello in Human Resources. Posted December 23, 2013

It’s pretty common each December to take stock and look back at the year that is ending, whether it’s recounting the happy times and counting one’s blessings, or reliving the disappointments and ruing over the regrets (and sometimes a bit of both). The world of employment law is no different. Now that 2013 is all ...

“Late Breaking” News

by John Skousen in Human Resources, Legal. Posted November 19, 2013

Boss: Time for your lunch break. Employee: Naw, I’ll just finish up what I’m working on and take my break later. Boss: That’s fine with me, but you are free to go now. Employee: Gotcha! Now you owe me a premium for taking a late break! Is a scenario like this possible? Well, of course, ...

Is There an Intern in Your Future?

by Tamsen Leachman in Human Resources. Posted September 12, 2013

There was a significant increase in the number of class-action lawsuits in 2012 brought by a former intern, many of whom were in unpaid positions working in the business sector. But recently the educational community received a wake-up call when Hamilton College was hit with a class-action lawsuit involving its paid interns. The Facts In ...

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