Employment & Labor Law

Health Care Reform: Count Down to the Pay or Play Penalty

The most significant component of the Affordable Care Act (also known as Health Care Reform) for large employers is set to take effect in 2015.  Large employers, which generally means employers with 50 or more full-time employees and full-time employee equivalents, need to take immediate action in advance of the effective date.

Making Labor Contract Bargaining Work

Bargaining labor contracts for employers is unlike any other business activity, often driven by emotion, governed by labor law, but essential to an efficient, smooth running operation.  Concluding bargaining successfully is a real challenge for employers.

Contrary to a business contract with a vendor, the employer cannot walk away from the majority union.  A duty imposed by law requires the employer to stay in the relationship with the union and bargain.

Integrating Mobile Devices Among Employees

Look around your office on any given day and how many mobile devices do you see? Remember to count smartphones, tablets and laptops. Do mobile devices outnumber employees? Probably so.

But now ask yourself, are the mobile devices talking to each other? Are they sharing software? Are they talking with fellow employees? Probably not.

Mobile devices can save people time and money if users know how to integrate their software so they can “talk amongst their friends”.

Hire People Who Share Your Organizations Vision

There is no magic involved in selecting and retaining top talent within an organization.  Your chances of success hinge primarily on your abilities to plan, clearly communicate expectations and empower your team to hold each other accountable.  Sprinkle in a little luck and there you have it!  Sure, I’m over-simplifying things a bit here but you would be amazed at what a little effort on the front end can save you on the back end.  

Check Driving Records of Applicants and Employees

Commercial drivers are not the only professionals who should need a valid and safe driving record to work for you. After all, think of those employees who drive business or personal cars for sales calls, errands, and meetings on your behalf. It’s imperative to make sure they meet your driving requirements or risk losing your insurance coverage.

I-9 Basics

Every employer must have an I-9 Employment Eligibility Verification Form completed for every employee who they employ in the US. This requirement only applies to workers hired since November 7, 1986. This form applies to all persons who work in the US, regardless as to the country from which they are paid (i.e. a German citizen working in the US, but paid in Germany, requires an I-9). The I-9s are completed but are kept with the employer until an appropriate US government agent requests to see them.

The Danger in Hiding Behind Your ‘At-Will’ Status During a Termination Meeting

In my experience, pointing to your at-will status as your reason for letting someone go is rarely the best option.  It leaves the ex-employee confused and searching for answers.  So, while you may have let your employee go for a legitimate (and legal) reason, by not stating this during the termination you create a situation where their imagination is free to wander.  The reasons she comes up with on her own may be much worse and result in the kind of legal headaches you are hoping to avoid.  Perhaps she believes that the reason you fired her is because she was your only employee over 40 yea