| Special #82 February 4, 2021 |
| | __________________________________________________________________
On The labor Front Newsletter By Bob Morton
(sponsored by Georgia Employers’ Association)
Do you need a resource that gives you a free daily report on union activity, labor news, NLRB activity and news all on one website? Let me tell you about a Georgia Employers’ Association sponsored website and newsletter by Bob Morton who produces On the Labor Front Newsletter on Monday – Saturday of each week.Bob is a long-time friend of GEA. His extensive background in HR professional leadership positions including union campaigns, labor relations and general HR management led him to establish this donation or sponsored funded newsletter/website a number of years ago. This resource is unique in helping you make the best use of your time to gather this information in one newsletter. As union activity is increasing with the new administration and NLRB staff changes, you need to make sure you stay up-to-date on this rapidly changing news and activity. https://onthelaborfront.com/daily-newsletter link button
|
|
| From onthelaborfront.com
NLRB Acting General Counsel Rolls Back Guidance from Prior Administration By Mark Theodore, Michael Lebowich, Joshua Fox and Alex Downie on February 2, 2021
Posted in Uncategorized
On February 1, National Labor Relations Board (“NLRB”) Acting General Counsel Peter Sung Ohr rescinded a slew of General Counsel Memos issued by his predecessor, Peter Robb. On February 2, Ohr continued his actions by rolling back two Operations Management memos that were also issued during Robb’s term.
Ohr’s actions come one week after he was appointed to the post by President Biden following the unprecedented firings of Robb and NLRB Deputy General Counsel Alice Stock. According to Ohr, the rescinded memoranda are either no longer necessary or are inconsistent with the NLRA’s policy of promoting collective bargaining, self-organization, and freedom of association.....>> |
| | January 27 2021
Earlier this year, the Department of Labor (DOL) updated its regulations under the Fair Labor Standards Act (FLSA) pertaining to the determination of joint employer status under the FLSA. A joint employer is any additional “person” (i.e., individual or entity) that is jointly and severally liable with the employer for the employee’s wages.
The DOL establishes a four-factor balancing test for determining joint employer status when a potential joint employer benefits from work by another employer’s employee(s). The balancing test is taken from the Ninth Circuit’s 1983 ruling in Bonnette v. California Health & Welfare Agency, and assesses whether the potential joint employer:
Hires or fires the employee;
- Supervises and controls the employee’s work schedule or conditions of employment to a substantial degree;
- Determines the employee’s rate and method of payment; and
- Maintains the employee’s employment records.
- The final rule provides that no single factor is dispositive in determining joint employer status, and the appropriate weight given each factor will vary depending on the circumstances. However, the rule notes that satisfaction of the employment record maintenance factor alone does not constitute joint employer status.
In addition, the final rule recognizes several business models, contractual agreements, and business practices considered to be neutral — meaning that they do not make joint employer status more or less likely under the FLSA:
Operating as a franchisor or entering into a brand and supply agreement, or using a similar business model;
- The potential joint employer’s contractual agreements with the employer requiring the employer to comply with its legal obligations or to meet certain standards to protect the health or safety of its employees or the public;
- The potential joint employer’s contractual agreements with the employer requiring quality control standards to ensure the consistent quality of the work product, brand, or business reputation; and
- The potential joint employer’s practice of providing the employer with a sample employee handbook, or other forms, allowing the employer to operate a business on its premises (including “store within a store” arrangements), offering an association health plan or association retirement plan to the employer or participating in such a plan with the employer, jointly participating in an apprenticeship program with the employer, or any other similar business practice.
|
| | HR leaders may overlook their own burnout in efforts to support employees
2020 may have been one of the most stressful years on record for HR — but a change in approach could keep pros on track, according to Arianna Huffington.
AUTHOR Sheryl Estrada @SherylEstrada
PUBLISHED Feb. 2, 2021
Employee burnout is top of mind for many employers as the pandemic continues into 2021. Building resilience in workforces, especially during a crisis, includes both mental health and financial health, according to experts.
"I'm such a big believer of the connection between financial stress and general stress, physical health and mental health, and also the connection between employees' stress, and how it affects productivity and performance," Arianna Huffington, founder and CEO of Thrive Global said during a Jan. 28 webinar hosted by Even discussing the future of HR and the role of HR leaders in de-stressing the workforce.
An October 2020 report by Reward Gateway found that 71% of HR professionals surveyed across the U.K., U.S. and Australia said 2020 has been the most stressful year of their career..... Read More>>
|
| | HRDive.com BRIEF
OSHA updates coronavirus guidance; mandates still on the table
AUTHOR Sheryl Estrada @SherylEstrada
PUBLISHED Jan. 29, 2021
UPDATE: Jan. 29, 2021: Many U.S. employers have already been taking measures in coronavirus pandemic-related prevention programs for almost a year, Susan Harthill, partner at Morgan Lewis, told HR Dive in an email. "The new guidelines, therefore, largely track current practices," Harthill said.
Some guidelines are new, "including the statement that face coverings may protect the wearer (another reason to encourage mask-wearing), a recommendation on supporting vaccines for employees, a recommendation not to test someone who has had COVID-19 in the last 90 days, and some return-to-work criteria," Harthill said. The new guidance also notes that other, shorter quarantine periods may be used in conjunction with other measures, though it still emphasizes the Centers for Disease Control and Prevention's 14-day quarantine recommendation for close contacts, she added.... Read more of this Brief>>
|
| | 1. 2021 Leadership Training Series Virtual (First of the year) / Face-to-Face (Later in the year) Trainers: Humphries Consulting, Inc. Starts February 17, 2021
2. Strategic HR Leadership Series Virtual (possible move to Face-to-Face when safe) Trainer: Pete Tosh Starts March 9, 2021 9:00am - 12:00pm EST
3. Advance Strategic HR Leadership Series Virtual (possible move to Face-to-Face when safe) Trainer: Pete Tosh Starts March 11, 2021 9:00 am - 12:00 pm
Trainer: Humphries Consulting, Inc. Time March 16 & March 18, 2021 9:00am - 12:00pm EST
|
| | | | |
Georgia Employers' Association |
|
|
| |
