Topics: Labor

NATSO Applauds Americans with Disabilities Act Reform Bill

NATSO joined a variety of other trade groups in expressing its support for the ADA Education and Reform Act. The legislation would combat a recent trend in frivolous lawsuits alleging minor Americans with Disabilities Act violations for which business owners cannot reasonably be punished. Specifically, the legislation would provide business owners a reasonable period of time to remedy alleged violations before they can be brought to court by aggressive plaintiffs' lawyers. More

Compliance Corner: Changes to Labor Rules Will Affect NATSO Members

The National Labor Relations Board has revised the so-called “joint employer” standard significantly to expand the scope of determining “co-employment” under the National Labor Relations Act. Specifically, the NLRB decided that a company could be considered a “joint employer” if it possesses the right to control various terms and conditions of employment, regardless of whether that company actually exercises such control. In addition, the Department of Labor has released “guidance” that has the effect of limiting employers’ ability to classify workers as “independent contractors” rather than employees. Both moves will have a direct affect on NATSO members as the franchisor-franchisee business model is ubiquitous throughout the truckstop and travel plaza industry and many NATSO members utilize independent contractors. More

House Passes Bill Delaying Overtime Rule; Unlikely to Become Law

In a move that some consider to be a "political vote" rather than a substantive one, the U.S. House of Representatives on September 28 passed legislation that would delay for six months a new Department of Labor Rule revising the standards overtime pay eligibility. The rule is scheduled to take effect on December 1, 2016. Under this legislation, it would not take effect until June 1, 2016. The bill is highly unlikely to become law, and represents a political vote to enable House members to campaign on the issue during the home stretch of election season. More

States, Business Groups Challenge Overtime Rule

A group of 21 states filed suit in the Eastern District of Texas Sept. 20 challenging the U.S. Department of Labor’s new rule governing which employees are eligible for overtime pay, arguing the agency unconstitutionally overstepped its authority to establish a federal minimum salary level for white collar workers. The U.S. Chamber of Commerce and more than 50 other business groups filed a separate challenge to the rule in the same federal court in Sherman, Texas, just hours later. More

How to Proceed When an Employee Candidate Discloses an Injury Requiring Months of Rehab

How to Proceed When an Employee Candidate Discloses an Injury Requiring Months of Rehab Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues. Question: Our firm is in the process of interviewing candidates for an associate position. We have held phone interviews with several candidates and selected some of them for in-person interviews. One of the candidates selected for an in person interview has shared the following information with us: Thank you for confirming. Before we meet, I'd like to disclose a recent injury. Approximately 3 weeks ago while playing recreational basketball, I suffered a ruptured Achilles and subsequently had surgery performed. I have been using PTO from work since the injury and will be on doctor ordered leave for at least the next week or two. An Achilles rupture is a very serious injury and I will be facing anywhere from 4-6 months of rehab going forward. The description of the position seems like such a great opportunity that I didn't want to pass up the offer for a phone interview. I hope this will not hinder the process but I wanted to make sure you knew my situation up front. We have mentioned to all candidates that we seek to have the new position filled in the next 4 weeks. If the person is on medical leave, I'm not sure they will be able to come in to our office for an interview. How would you suggest we handle this situation? More

6 Telltale Signs That Your Job Postings Are Terrible (And How to Fix Them)

If you haven’t been impressed with the caliber of job candidates that have been inquiring about your jobs, the first thing you should do is evaluate your job postings. If you don’t believe it, just try scrolling through a job board and reading some of the generic, boring, and uninspiring listings that are out there. It’s not easy to spot the ones that you’d apply to versus those that sound awful. To do some job description soul searching, start by making sure your listings don’t fall into the following categories. More

Revamp the Job Interview Questions You Use at Your Truckstop

If you’re using the same tired questions at every job interview, it may be time to mix it up a bit – and find out more than you ever thought possible about a potential applicant! More

When and How Should You Remove a Disciplinary Write-Up from Personnel Files?

Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues. Question: An employee was written up for calling out sick but the employee had a doctor's note excusing them from work. What is the legal way to withdraw a write-up from an employee's file? More

Labor Update: New Overtime Legislative Strategy; Joint Employer Update with Subway Restaurants

NATSO and its allies in the labor community have begun advocating for legislation that, rather than repealing the DOL's new overtime rule would phase in the new salary threshold incrementally. NATSO will continue urging policymakers to repeal the new law, but the chances of President Obama signing such legislation are slim. The lobbying efforts in favor of such legislation, however, helped prompt Democrats to introduce the modified bill. More

Reasonable Accommodation – Or Not?

Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues. Question: An employee came back from the chiropractor with a handout of specific ergonomic measurements for her work station, stating that the employee’s back problem - a previous condition – is being exacerbated by what she is doing at work. The company’s office is state of the art, and designed with ergonomic considerations. The employee sits at a station to type, and turns her head to address patients, versus turning her chair and whole body. The employee also wants to have the computer screen higher, despite the desk and screen currently being set at the proper height. The company feels that the issues are caused by the employee not using the equipment properly, versus facilities that are being provided. What does the company need to document or purchase now, to ensure it does not get a future claim for the employee’s back issue? More

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