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employers back latest health care bills

eleven health care bills that tweak the affordable care act (aca) and expand access to health savings accounts (hsas) passed the house ways and means committee last week. the measures received unanimous or near-unanimous support from the committee's 24 republicans, with varying or no support from the committee's 16 democrats.to become law, the measures must be voted on and passed by the full u.s. house of representatives and senate before congress adjourns in december, then sent to president donald trump for his expected signature. if not enacted, these proposals are likely to be reintroduce in the next congress. the house was expected to vote on some of the bills before the end of july.some of the measures that expand qualified expe...




mcdonald’s considers appealing rejected settlement

​mcdonald's is weighing its options. a national labor relations board (nlrb) administrative law judge on july 17 rejected the fast-food chain's settlement of claims that it retaliated against and fired franchise employees who participated in protests for $15 wages and union rights. mcdonald's disputed that it was a joint employer of the workers—a question complicated by a seesawing nlrb standard for who constitutes a joint employer.we've rounded up shrm online resources and articles from other trusted media outlets on this development in the news.appeal is 'likely'the judge said that the company purposefully delayed the case until the nlrb was controlled by republicans sympathetic to business interests. she found that the settlem...




revocation of ‘persuader rule’ may aid union avoidance

​the department of labor's (dol's) july 17 rescission of the so-called persuader rule solidifies lawyers' and consultants' right to advise employers on labor relations and train managers on what to say to educate employees about how employers stand on unionization. the dol reporting requirements of employers who hire consultants to discourage unionization are now as they existed before the obama administration issued the persuader rule in 2016.we've rounded up shrm online resources and articles from other trusted media outlets on this development in the news.attorney-client privilege defendedthe labor-management reporting and disclosure act mandates that employers report to the dol details, including fees paid to consultants, about ...




how to measure and manage the unseen

​this is the second in a two-part series of excerpts from the newly published third edition of paul falcone's best-selling book, 96 great interview questions to ask before you hire (amacom/harpercollins, 2018).with better and faster technology, remote employment is on the rise, bringing with it greater flexibility in corporate hiring practices and workers' career management goals. it also requires a different set of interviewing skills to find the candidates most likely to succeed in the role. like its counterpart article that focuses on hiring freelancers and independent contractors, this piece is intended to be a starting point to help you formulate ideas for interviewing and hiring people who won't be working in the same office, bu...




shrm joins white house in pledging to train u.s. workers

the society for human resource management (shrm) has joined a white house national initiative to expand workforce training by committing to educate and prepare more than 127,000 hr professionals through the shrm-cp and shrm-scp certification programs over the next five years.shrm president and chief executive officer johnny c. taylor, jr., shrm-scp, signed the new pledge to the american worker today on behalf of shrm and its members."business succeeds when its people succeed," he said. "that means people joining the workforce must be prepared for work and have opportunities to advance their skills as work evolves and their careers progress. with hr playing the critical role of leading industry's recruiting and retention efforts, shrm ...




workers demand companies end business with immigration agencies

​technology workers from some of the most well-known companies in the united states have been pressuring their leadership to stop working with the federal government's immigration enforcement agencies. the workers say the agencies are carrying out immoral policies contrary to the companies' missions.more than 600 salesforce employees signed a petition last month asking ceo marc benioff to end the company's software contract with u.s. customs and border protection (cbp) due to its role in the treatment of migrant families at the u.s.-mexico border.benioff responded that since the company's business with cbp does not deal directly with activities at the border, it will not drop the contract.(npr)tech workers driving changethe salesforce p...




eeoc not liable for retailer's attorney fees

​the equal employment opportunity commission (eeoc) was not liable for the attorney fees of nationwide retailer cvs that it unsuccessfully sued for allegedly unclear severance agreements, the 7th u.s. circuit court of appeals held.the eeoc filed a lawsuit against cvs pharmacy inc. alleging that the company was using a severance agreement that chilled its employees' exercise of their rights under title vii of the civil rights act of 1964. the company's severance agreement came to the attention of the eeoc in 2011 after a former store manager filed a charge with the commission. the former employee had accepted a severance agreement that included a broad release of claims and a covenant not to sue but that carved out exceptions for "...




employers back latest health care bills

eleven health care bills that tweak the affordable care act (aca) and expand access to health savings accounts (hsas) passed the house ways and means committee last week, although their prospects of being voted on and passed by the full u.s. house of representatives and senate before congress adjourns in december were uncertain. if not enacted, these proposals are likely to be reintroduce in the next congress.some of the measures that expand qualified expenses under consumer-directed health accounts and a delay of the aca's cadillac tax enjoy the support of employer groups."shrm applauds the house ways and means committee for its consideration and passage of several health care bills relating to consumer-directed health plans, the ...




shrm opposes boeing’s micro-bargaining units

​micro-bargaining units persist, despite a national labor relations board (nlrb) decision last december that overturned a standard that made it easier for small units to be established within companies.an nlrb regional director's decision, delivered in may, recognized small units within boeing at a manufacturing facility in north charleston, s.c., a decision that the society for human resource management (shrm) opposed in a july 16 brief. shrm filed the brief with the national association of manufacturers and the hr policy association.the recognition of the micro-bargaining units would present problems with multiple bargaining agreements, the brief states. the regional director wrongly rejected the presumption that the bargaining unit...




eeoc not liable for cvs’ attorney fees

​the equal employment opportunity commission (eeoc) was not liable for the attorney fees of a nationwide retailer that it unsuccessfully sued for allegedly unclear severance agreements, the 7th u.s. circuit court of appeals held.the eeoc filed a lawsuit against cvs pharmacy inc. alleging that cvs was using a severance agreement that chilled its employees' exercise of their rights under title vii of the civil rightsact of 1964. cvs' severance agreement came to the attention of the eeoc in 2011 after a former store manager filed a charge with the commission. the former employee had accepted a severance agreement that included a broad release of claims and a covenant not to sue but that carved out exceptions for "rights that employee cann...




nurse’s anxiety over side effects of vaccine supports ada claim

​a hospital nurse with anxiety and allergies who was terminated after seeking an exception to receiving a vaccine for tetanus, diphtheria and pertussis could state a claim of discrimination under the americans with disabilities act (ada), the 3rd u.s. circuit court of appeals ruled.the plaintiff worked as a registered nurse at mount nittany medical center (mnmc). she had severe anxiety and an inflammatory condition of the esophagus, which limited her ability to perform certain life activities, such as eating, sleeping and engaging in social interactions. despite her impairments, the plaintiff was able to perform her duties as a nurse at mnmc.on april 22, 2015, the plaintiff received a memorandum from mnmc advising her that all clinical e...




how community involvement can boost employee engagement

one of the greatest benefits of a community involvement or corporate social responsibility (csr) program is that it allows organizations to engage their employees on a variety of different levels, which ultimately drives overall engagement in your company. as i discuss in my book, a million dollars in change: how to engage your employees, attract top talent, and make the world a better place (wise ink, 2018), this is really important because employee engagement is critical to the health and well-being of your company (read: any company). a highly engaged workforce is a ceo's and hr leader's dream. why? because engaged employees will go the extra mile to ensure that your company keeps winning. these folks want your company to do well because...




the new frontier of hiring just-in-time and virtual talent

​this is the first in a two-part series of excerpts from the newly published third edition of paul falcone's best-selling book, 96 great interview questions to ask before you hire (amacom/harpercollins, 2018).the so-called "gig economy" is changing the corporate landscape. individuals are performing just-in-time professional services for companies on an as-needed basis, freeing up to portfolio workers and giving employers flexibility. the trend in hiring freelancers and remote workers is growing significantly, and we hope the questions suggested here will help you make stronger selection decisions when evaluating talent for these types of roles. this is intended to be a starting point to help you formulate ideas for interviewing and re...




employers back latest health care bills

eleven health care bills that tweak the affordable care act (aca) and expand access to health savings accounts (hsas) passed the house ways and means committee last week, although their prospects of being voted on and passed by the full u.s. house of representatives and senate before congress adjourns in december were uncertain. if not enacted, these proposals are likely to be reintroduce in the next congress.some of the measures that expand qualified expenses under consumer-directed health accounts and a delay of the aca's cadillac tax enjoy the support of employer groups."shrm applauds the house ways and means committee for its consideration and passage of several health care bills relating to consumer-directed health plans, the ...




new policies may discourage employers from hiring foreign nationals

page content​immigration attorneys say that new government policies will have a chilling effect on employers hiring foreign talent.u.s. citizenship and immigration services (uscis) officers have been given expanded discretion to deny visa petitions and benefit requests, as well as broadened latitude to refer foreign nationals—including workers whose petitions or requests have been denied and lawful status has expired—for removal proceedings.the agency issued a policy memo july 13 that makes it easier for adjudicators, beginning sept. 11, to deny an application or petition without first having to issue either a request for evidence (rfe) or notice of intent to deny (noid) when required evidence is not submitted or the evidence fails...




termination of assurance pay after fmla leave upheld

​an automotive retailer that guaranteed minimum compensation to a manager after purchasing his prior employer did not violate the family and medical leave act (fmla) when it ended the compensation arrangement shortly after the manager's medical leave, the 6th u.s. circuit court of appeals held.the plaintiff was an employee of o'reilly automotive for 25 years and a store manager for the last 16 of those years. when he began his career, the company was called murray's discount auto stores. it later became csk auto and then o'reilly in 2008, after o'reilly purchased csk. when o'reilly acquired csk, the pay structure changed. csk maintained a salary-based compensation system, whereas o'reilly maintained a commission-based system. under the...




fmla leave may not preclude unemployment benefits

​an employee taking unpaid leave under the family and medical leave act (fmla) may be deemed unemployed under the texas unemployment compensation act, although the employee's ultimate eligibility to receive benefits for a benefit period hinges on satisfaction of the other requirements specified in the unemployment act, according to the supreme court of texas.wichita county employed an assistant emergency management coordinator who took fmla leave from this position for anxiety and depression from aug. 16, 2011, until nov. 4, 2011. all but three days of the nearly 12-week fmla leave were unpaid. [shrm members-only toolkit: managing family and medical leave]on oct. 2, 2011, while on fmla leave, the plaintiff applied for benefits under the ...




your career q&a: from nonprofit to commerce

​best-selling author martin yate, a career coach and former hr professional, takes your questions each week about how to further your career in hr. contact him at the e-mail address at the end of this column. i am a recruiter with five years of experience in the education sector. i absolutely love recruiting, but i find that there is just no room for growth at my current organization. i am afraid that having worked only in the education sector does not make me an attractive candidate for corporate recruitment positions. what can i do to land an interview or a callback for corporate hr jobs? recruitment managers in the for-profit sector fear that their colleagues from academia won't work as hard but will have a superior attitude, causing...




neutral system that automatically rounded employee time ok in california

an employer's use of a payroll system that automatically rounded employee time up or down to the nearest quarter-hour did not violate california wage and hour law, the california court of appeal ruled.payroll procedures that result in the systematic undercompensating of employees are impermissible, the court said. however, the method used in this case was applied neutrally and provided a net benefit to employees. the fact that some employees lost a small amount of compensation did not make the rounding procedure improper, the court said. a respiratory care technician and a registered nurse brought a class action against a los angeles-area hospital system for failure to pay wages due, among other claims.  both named parties were employed in...




new policies may discourage employers from hiring foreign nationals

​immigration attorneys say that new government policies will have a chilling effect on employers hiring foreign talent.u.s. citizenship and immigration services (uscis) officers have been given expanded discretion to deny visa petitions and benefit requests, as well as broadened latitude to refer foreign nationals—including workers whose petitions or requests have been denied and lawful status has expired—for removal proceedings.the agency issued a policy memo july 13 that makes it easier for adjudicators, beginning sept. 11, to deny an application or petition without first having to issue either a request for evidence (rfe) or notice of intent to deny (noid) when required evidence is not submitted or the evidence fails to establis...