The confusing, controversial case of workplace profanity comes under new scrutiny. The National Labor Relations Board (NLRB) may be revising its standards for profane outbursts and offensive statements of a racial or sexual nature. On September 5, NLRB requested briefs to get public input on whether “to adhere to, modify, or overrule the standard applied to previous cases in which extremely profane or racially offensive language was judged not to lose the protection of the National Labor Relations Act (NLRA).” NLRB chair John F. Ring said of the announcement, “The Board’s request for briefings on this important topic reflects its long-standing practice of seeking input from interested parties when the Board believes it can benefit from such briefings. We look forward to considering the views of all interested … [Read more...] about NLRB Reviews Workplace Profanity Standards
Regulatory
Brace for Changes to Federal Overtime Pay Rules
Change is in air regarding FLSA and overtime pay; get upwind of it now. Back in March, the U.S. Department of Labor (DOL) announced a proposed rule to update regular rate requirements under section 7(3) of the Fair Labor Standards Act (FLSA). The final rule, setting a new salary threshold for white-collar exemptions to overtime pay, is expected to be announced soon; and employers should start planning now to comply. … [Read more...] about Brace for Changes to Federal Overtime Pay Rules
Back-to-School Time: Do Your Employees Know Their Parental Rights?
Supporting working parents can earn employers an A+ from employees and job seekers alike. It’s back-to-school season, and it’s a hectic time for your employees with children. Their schedules are filled with pick-ups and drop-offs, soccer games, dance lessons, and choral concerts; and they may be wondering what will happen if they have to take time off for parental responsibilities or family emergencies. There’s never been a better time to review your parental leave policies and let employees know how you are there to support them. Most businesses offer minimal leave for mothers and even less for dads. U.S. law doesn’t require paid parental leave. Under the Family and Medical Leave Act (FMLA), covered, eligible employees are entitled to up to 12 weeks of job-protected unpaid leave during any 12-month period for family situations such as the birth of a child or the serious illness of a family member. However, this can be insufficient for workers living paycheck-to-paycheck; … [Read more...] about Back-to-School Time: Do Your Employees Know Their Parental Rights?
Proposed Rule on Employers’ Religious Rights Attracts Support, Criticism, Debate
DOL seeks to “clarify” civil rights protections for religious organizations, but some fear it will increase discrimination against marginalized groups. Earlier this month, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a proposed rule “to clarify the civil rights protections afforded to religious organizations that contract with the federal government.” The proposal, says a DOL news release, “would clarify that religious organizations may make employment decisions consistent with their sincerely held religious tenets and beliefs without fear of sanction by the federal government.” However, many organizations have come out in opposition to the proposed rule, suggesting that it actually will undermine civil rights protections for LGBTQ and other groups. … [Read more...] about Proposed Rule on Employers’ Religious Rights Attracts Support, Criticism, Debate
FMLA Audits Are on the Rise. You Could Be Next
Don’t panic; follow some tips to survive an audit of your family leave policies, procedures. A Family and Medical Leave Act (FMLA) audit could be in your organization’s future. The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) receives more than 1,000 FMLA-related complaints per year, and many of these have uncovered violations; so increasingly the agency is on high alert. Read on to learn about what can trigger a FMLA audit and what you can do to make the best of a challenging situation. … [Read more...] about FMLA Audits Are on the Rise. You Could Be Next
DOL Seeks Input on Proposed Changes to FMLA Forms
Government plans changes designed to improve family leave law compliance and make forms easier to use. The U.S. Department of Labor (DOL) is seeking public comments on proposed revisions to optional use forms that the Department’s Wage and Hour Division (WHD) uses to administer the Family and Medical Leave Act (FMLA). The revisions, according to WHD, are designed to make the forms easier to understand for employers, leave administrators, healthcare providers, and employees seeking leave. The agency expects the changes to increase compliance with and administration of the law, as well as improve customer service. “Workers succeed when they know they don’t have to choose between taking care of themselves or a loved one, and keeping a job,” said Cheryl Stanton, WHD administrator. She further noted, “Proposing these changes to improve compliance under the Family and Medical Leave Act is a win for workers and employers. It’s an important step forward to meet the needs of the rapidly … [Read more...] about DOL Seeks Input on Proposed Changes to FMLA Forms
Bill to Strengthen Unions Causing Debates, Concerns
House considers legislation aimed at strengthening protections for workers’ right to organize unions, bargain for wages, benefits. A new bill currently being considered by the U.S. House of Representatives is stirring concerns and controversy. The Protecting the Right to Organize (PRO) Act (H.R. 2474) is designed to strengthen protections for workers’ right to organize a union and bargain for higher wages, better benefits, and safer working conditions. Read on for more information about the bill and what advocates and proponents say about it. … [Read more...] about Bill to Strengthen Unions Causing Debates, Concerns
Highlight Health and Safety Initiatives During Safe + Sound Week
Special week in August aims at reducing accidents and injuries while promoting employee health and safety. Join with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for Safe + Sound Week, August 12-18, and recognize the importance of workplace safety and health programs. The week-long event encourages employers to implement workplace safety initiatives and highlight workers’ contributions to improving safety. Strong workplace safety and health programs not only can prevent injuries and illnesses; they also can reduce workers’ compensation costs and improve productivity. Read on for some areas you can focus on for education, action, and improvement. … [Read more...] about Highlight Health and Safety Initiatives During Safe + Sound Week
Survey: Employees Still See Racism as Major Concern
As companies expand diversity and inclusion, they need to address racism and bias. According to a recent Pew Research Center survey, more than 4 in 10 respondents say the U.S. still has progress to make when it comes to racial equality. Addressing concerns about racism and prejudice in the workplace should be an ongoing priority, especially as employers seek to increase diversity and inclusion. You can be a leader in creating and sustaining an inclusive culture where people feel safe, engaged, and respected the same as all of their peers. … [Read more...] about Survey: Employees Still See Racism as Major Concern
New CMS Proposed Rule Would Reduce Administrative Burdens, Impact Staffing
Revisions to Phase 3 of the Requirements of Participation for long-term care facilities aim at reducing paperwork, giving staff more time for direct care. On Tuesday, the Centers for Medicare & Medicaid Services (CMS) announced a proposed rule that would remove some requirements of participation identified as “unnecessary, obsolete, or excessively burdensome” on long-term care facilities (LTCFs). According to CMS, “Medicare & Medicaid Programs; Requirements for Long-Term Care Facilities: Regulatory Provisions to Promote Efficiency and Transparency” (CMS-3374-P) would “increase facilities’ ability to devote their resources to improve resident care…. Many of the proposed provisions would simplify and/or streamline the Medicare health and safety standards long-term care facilities must meet in order to serve their residents.” Read on for details about key revisions that would impact staffing, training, and other others issues of interest to HR and other leaders. … [Read more...] about New CMS Proposed Rule Would Reduce Administrative Burdens, Impact Staffing

