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HR Video Resource Center
HR.BLR.com legal editors provide expertise and commentary on the hottest and latest employment law compliance news and HR trends.
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We are continually updating our state and national regulatory analysis to help you keep up with the changing regs. See the updated section below to find all of the topics.
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HR Audio Presentations:
Back Safety (Spanish) -Audio
Strains and sprains are the leading cause of workplace injuries and illnesses, and the back and shoulders are the parts of the body most affected. Ergonomics is the science of fitting working conditions to the people who have to do the work through the design of equipment and safety procedures. Use this Back Safety (Spanish) audio presentation to train your workers on ergonomics.
Business Ethics: What Employees Need to Know--Spanish (Audio)
HR experts and labor and employment attorneys agree that businesses--regardless of their industry or size--should be concerned about the ethical conduct of their employees. Use this Business Ethics for Employees - Spanish audio presentation to train your workers on ethics.
Defensive Driving for Noncommercial Motorists (Audio)
Motor vehicle accidents are the number one cause of accidental death in the United States. These deaths, as well as accident-related injuries and costs, however, are preventable. Training employees to drive safely and defensively can significantly reduce the risks. Use this Defensive Driving for Noncommercial Motorists audio presentation to train your workers on motor vehicles.
Turnover Rate Calculator for 2015
Tracking turnover can help to identify trends that provide an early indication of potential problems in compensation, management practices, workload, etc. This provides the HR professional with valuable information that can be used to address issues before key employees leave the organization. This worksheet will calculate monthly, quarterly, and annual turnover rates.
California Paid Sick Leave Notice for Employees (Spanish)
California paid sick leave employee notice (Spanish). For use in compliance with California state Healthy Workplace Healthy Family Act of 2014 (AB 1522).
California Paid Sick Leave Notice for Employees (English)
Employee notice for California state paid sick leave.
Healthcare Reform Timeline: What Happens When
The provisions of the ACA go into effect over several years. Following is a summary of the most important provisions of the law that are already in effect and those that will take effect in the next 2 years and beyond arranged by year. This timeline is excerpted from BLR's HR Compliance Focus
Healthcare Reform Countdown to 2014
E Verify Guidance for Employers
USCIS E-Verify Guidance for Employers
HR Job Descriptions:
Prepare customs documentation and ensure that shipments meet all applicable laws to facilitate the import and export of goods. Determine and track duties and taxes payable and process payments on behalf of client. Sign documents under a power of attorney. Represent clients in meetings with customs officials and apply for duty refunds and tariff reclassifications. Coordinate transportation and storage of imported goods.
Fraud Examiners, Investigators, and Analysts
Obtain evidence, take statements, produce reports, and testify to findings regarding resolution of fraud allegations. May coordinate fraud detection and prevention activities.
Care for individuals with mental or emotional conditions or disabilities, following the instructions of physicians or other health practitioners. Monitor patients’ physical and emotional well-being and report to medical staff. May participate in rehabilitation and treatment programs, help with personal hygiene, and administer oral or injectable medications.
Informatics Nurse Specialists
Apply knowledge of nursing and informatics to assist in the design, development, and ongoing modification of computerized health care systems. May educate staff and assist in problem solving to promote the implementation of the health care system.
Telecommunications Engineering Specialists
Design or configure voice, video, and data communications systems. Supervise installation and postinstallation service and maintenance.
Licensed Practical and Licensed Vocational Nurses
Care for ill, injured, or convalescing patients or persons with disabilities in hospitals, nursing homes, clinics, private homes, group homes, and similar institutions. May work under the supervision of a registered nurse. Licensing required.
Solicit donations or orders for goods or services over the telephone.
Document Management Specialists
Implement and administer enterprise-wide document management systems and related procedures that allow organizations to capture, store, retrieve, share, and destroy electronic records and documents.
Plan and sell transportation and accommodations for travel agency customers. Determine destination, modes of transportation, travel dates, costs, and accommodations required. May also describe, plan, and arrange itineraries and sell tour packages. May assist in resolving clients’ travel problems.
Storage and Distribution Managers
Plan, direct, or coordinate the storage or distribution operations within an organization or the activities of organizations that are engaged in storing or distributing materials or products.
Property, Real Estate, and Community Association Managers
Plan, direct, or coordinate the selling, buying, leasing, or governance activities of commercial, industrial, or residential real estate properties. Includes managers of homeowner and condominium associations, rented or leased housing units, buildings, or land (including rights-of-way).
Taxi Drivers and Chauffeurs
Drive automobiles, vans, or limousines to transport passengers. May occasionally carry cargo. Includes hearse drivers.
Treasurers and Controllers
Direct financial activities, such as planning, procurement, and investments for all or part of an organization.
Document Management Specialists
Implement and administer enterprise-wide document management systems and related procedures that allow organizations to capture, store, retrieve, share, and destroy electronic records and documents.
Perform engineering duties in planning, designing, and overseeing construction and maintenance of building structures, and facilities, such as roads, railroads, airports, bridges, harbors, channels, dams, irrigation projects, pipelines, power plants, and water and sewage systems.
Information Technology Project Manager
Plan, initiate, and manage information technology (IT) projects. Lead and guide the work of technical staff. Serve as liaison between business and technical aspects of projects. Plan project stages and assess business implications for each stage. Monitor progress to ensure deadlines, standards, and cost targets are met.
Install, maintain, and repair electrical wiring, equipment, and fixtures. Ensure that work is in accordance with relevant codes. May install or service street lights, intercom systems, or electrical control systems.
Roustabouts, Oil and Gas
Assemble or repair oil field equipment using hand and power tools. Perform other tasks as needed.
Work in nursery facilities or at customer location planting, cultivating, harvesting, and transplanting trees, shrubs, or plants.
Compile and compute data according to statistical formulas for use in statistical studies. May perform actuarial computations and compile charts and graphs for use by actuaries.
Maintain a sterile field to provide support for physicians and nurses during endoscopy procedures. Prepare and maintain instruments and equipment. May obtain specimens.
Clinical Data Managers
Apply knowledge of health care and database management to analyze clinical data, and to identify and report trends.
Weatherization Installers and Technicians
Perform a variety of activities to weatherize homes and make them more energy efficient. Duties include repairing windows, insulating ducts, and performing heating, ventilating, and air-conditioning (HVAC) work. May perform energy audits and advise clients on energy conservation measures.
Business Intelligence Analysts
Produce financial and market intelligence by querying data repositories and generating periodic reports. Devise methods for identifying data patterns and trends in available information sources.
Hearing Aid Specialists
Select and fit hearing aids for customers. Administer and interpret tests of hearing. Assess hearing instrument efficacy. Take ear impressions and prepare, design, and modify ear molds.
Assess individual or family risk for a variety of inherited conditions, such as genetic disorders and birth defects. Provide information to other healthcare providers or to individuals and families concerned with the risk of inherited conditions. Advise individuals and families to support informed decision making and coping methods for those at risk. May help conduct research related to genetic conditions or genetic counseling.
Assist patrons at hotel, apartment, or office building with personal services. May take messages, arrange or give advice on transportation, business services, or entertainment, or monitor guest requests for housekeeping and maintenance.
HR Daily Advisor Week in Review—January 19 to January 23, 2015
This week, the HR Daily Advisor discussed EVP, Preemployment, and the future. Here’s the
HR Daily Advisor
week in review.
AutoZone ordered to pay $185 million for pregnancy discrimination
A jury in federal court recently awarded Rosario Juarez $185 million in punitive damages for pregnancy and gender discrimination against AutoZone. It was also reported that the $185 million in punitive damages was $25 million more than what Juarez was asking for. So what happened? And is this verdict likely to stand?
Tennessee Supreme Court reinstates $3 million retaliation judgment
In retaliation cases, an employee must show that his employer took an adverse employment action because of his participation in "protected activity" as that term is defined under the law. Early last year, the Tennessee Court of Appeals took up the issue of whether an employee must prove that the specific decision maker taking the adverse action knew of the protected activity at the time the action was taken.
Significant safety challenges face small businesses
When it comes to safety and health, smaller establishments experience a disproportionate number of fatalities when compared to larger firms, and they have higher rates of serious injuries. They typically have smaller safety budgets, and in many cases, especially with the smallest of the small, no trained safety staff.
Retaliation: Did college unlawfully terminate faculty member for complaining?
Does the First Amendment protect the head of an adjunct faculty union who writes a letter critical of the community college that fired her? Read on to find out.
Improving return on investment through safety awareness
OSHA uses a formula for small business safety success and is recommended for companies of all sizes that wish to protect their employees and improve their bottom line. Here are five awareness elements to use for protecting your employees' safety.
Making your team members your ‘first customer’
By Lori Alford, COO for Avanti Senior Living
People who feel valued and respected show a greater work ethic and initiative. In order for your team members to feel valued, they should be treated as the “first customers,” as they are the ones who have the power to make customers’ experiences extraordinary.
Mississippi Supreme Court split on arbitration agreement enforceability
Despite the policy interests favoring arbitration, some courts have become hostile to employers' attempts to enforce arbitration agreements against employees, holding certain agreements to be invalid. That apparent contradiction was evident in a recent opinion from the Mississippi Supreme Court.
Loose lips sink ships—and age discrimination claims
The 6th Circuit recently ruled that comments about the age of the person providing the services permitted a jury to decide whether the failure to renew a third-party personal services contract constituted age discrimination.
Clear employee handbook disclaimers can put a quick end to costly litigation
A New Jersey employer recently defeated a sympathetic former employee's wrongful termination lawsuit because its employee handbook clearly disclaimed the existence of an employment contract.
Tip credit at center of FLSA lawsuit by New York restaurant workers
The U.S. District Court for the Western District of New York recently found that a group of tipped servers, hostesses, and bartenders were not properly compensated under the Fair Labor Standards Act (FLSA).
CareerCast identifies the 10 most and 10 least stressful jobs for 2015
It's pretty obvious that firefighters, soldiers, and pilots all have the most stress. But what about hair stylists, audiologists, and professors? They have low demands, deadlines, and danger which places them in the least stressful job category. So what other jobs are considered to be the most—or least—stressful of 2015?
Ensuring employee success when providing online business skills training
When you provide employees with training in business skills, you want to ensure success. So what can you do? “There are certain best practices that all human resources reps should keep in mind in order to make sure online training for employees goes smoothly,” says Harman Singh, CEO of WizIQ, a comprehensive online education platform.
36% of employers plan to hire full-time, permanent employees in 2015, says CareerBuilder
CareerBuilder's annual forecast reveals the best employment outlook since 2006 and five trends to watch out for in 2015.
Item 19 and the new itemized listing—OFCCP is the expert
OFCCP’s new itemized listing contains a lot of changes for federal contractors responding to requests for data and documents. One item in particular, Item 19 on the itemized listing, is causing concern in the contracting community. As of October 1, 2014, contractors are now required to produce individual compensation data for all employees when responding to a revised OFCCP scheduling letter for affirmative action plan compliance evaluations.
Ruling on Illinois beautician’s disability claim makes employer’s hair stand on end
A recent decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana and Wisconsin—provides another primer for employers that need guidance on Americans with Disabilities Act (ADA) compliance. This isn’t the first case (and likely won’t be the last) in which we have recounted an employer’s infirm response to a disabled employee’s request for accommodation.
Disabilities: Did employer engage in good-faith interactive process?
The good-faith interactive process required by the ADA is not exhausted by one attempt. Rather, employers that are aware that an initial accommodation is failing and that another accommodation is needed are required to reengage in the interactive process with the employee.
Finding, hiring top tech talent leading concern for management says survey
According to the just-released Harris Allied 2014 Tech Hiring and Retention Survey, finding and hiring top technology talent is the biggest concern for 42% of managers surveyed. This is consistent with the findings of Harris Allied’s surveys conducted in 2013 and 2012, when 39% and 41.8% reported the same biggest concern respectively.
Marijuana and the workplace. What’s an employer to do?
, JD, Legal Editor
Unavoidably, the question of marijuana use is finding itself on the HR radar. This is because there are currently over 20 jurisdictions with laws that legalize the use of marijuana for medical purposes. What’s more, five of those jurisdictions have legalized the drug for
use. The trend continues, as proponents are actively lobbying the issue in other states.
Social media decision tree: 'Should I post it?'
This social media posting decision tree provides a series of probing questions to help you decide whether something you're planning to post on social media is a good idea.
Successor employer liability: Another reason to pay close attention to NLRB rulings
By Frank Rox, Esq.
As we look ahead to 2015, it’s important to take a look back at noteworthy National Labor Relations Board (NLRB) decisions of 2014, so we can see what’s likely in store on the road ahead.
Employee's age and gender discrimination claims against college dismissed
An employee's allegations of discrimination based on favoritism toward younger workers were insufficient to survive summary judgment (pretrial dismissal) in light of her documented attendance and performance problems.
Disability discrimination: Did ‘good deeds’ come back to punish employer?
Employers often feel as if they have no choice when it comes to accommodating an employee's disability. A recent decision by the 11th Circuit, however, reaffirms the notion that there are "outer bounds" of an employer's duty to accommodate. Not all accommodations are reasonable accommodations.
ERISA compliance: Employers must exhaust administrative remedies
What happens when a participant fails to comply with the review process, but the summary plan descriptions does not sufficiently explain the process? A recent case before the U.S. 10th Circuit Court of Appeals—which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—sheds a little light on that question.
The most unusual interview mishaps and biggest body language mistakes, says survey
According to a recent CareerBuilder survey, one in two employers know if a candidate is a good fit within 5 minutes. Also, poor eye contact, bad posture, and weak handshakes are among the most common body language mistakes.
NLRB finds mandatory arbitration agreement unlawful
A group of workers sued their employer for violations of the Fair Labor Standards Act (FLSA). The district court dismissed the lawsuit and ordered the workers to arbitrate their claims individually in accordance with the mandatory arbitration agreement each had entered into as a condition of employment. The National Labor Relations Board (NLRB) found the agreements violated federal labor law by restricting the workers' right to collectively litigate.
Martin Luther King and the dignity of work
Today is Martin Luther King Day, and to honor his memory, here are five of his famous quotes regarding the dignity of work.
HR Daily Advisor Week in Review—January 12 to January 16, 2015
This week, the HR Daily Advisor discussed recruiting, assessment, and a lesson from Google. Here’s the
HR Daily Advisor
week in review.
Was employee wrongfully terminated for trying to catch a thief?
A Fred Meyer employee who was fired for the methods he used to stop a shoplifter has been given another chance to have a jury decide his wrongful discharge lawsuit. The Alaska Supreme Court has reversed the summary dismissal of his lawsuit.
Establish rules to avoid space heater disasters in the workplace
January is living up to its reputation with below-average temperatures and snow piling up in many parts of the country. However, if you rely on space heaters to keep workers comfortable in your workplace, you might want to reconsider.
Employee handbook 'promise' allows time-barred claims to proceed
Although a carefully drafted employee handbook is a business necessity, poorly drafted or outdated handbooks often serve as litigation magnets. A recent case highlights the very real possibility that passages in an employee handbook may be interpreted as binding contractual obligations the employer never intended to create.
Do your training programs address the ‘3 Rs’?
Reading, writing, and arithmetic might cover the basics in elementary school, but the “three Rs” have a different meaning when it comes to employer-sponsored training.
Winter slips and falls have negative impact on American businesses
Winter-related slips and falls have a significant negative impact on American businesses each year, resulting in time off work, temporary employee costs, overtime for existing employees and increased insurance costs. To avoid these costs this winter, employers need to be extra vigilant, and employees should exercise extreme caution in the months ahead.
Wage and hour: HR misclassification will cost Florida employer $1.3 million
A former HR employee of Lowe's, sued the home improvement warehouse for unpaid overtime. She claimed that Lowe's willfully and uniformly misclassified its HR managers as exempt employees to avoid paying them overtime. The suit was broadened to include all store HR managers and HR employees nationwide.
Tax Increase Prevention Act of 2014 affects transit benefits
The newly enacted Tax Increase Prevention Act of 2014 (H.R. 5771), signed by President Obama on December 19, 2014, has equalized the mass transit and parking benefits retroactively to January 1, 2014 by increasing the mass transit benefit to $250.00.
5 Trends to watch in disability and absence management
By Terri L. Rhodes, executive director of the Disability Management Employer Coalition
The disability and absence management landscape continues to undergo significant change. One of the more significant changes, of course, is the Affordable Care Act. We are only now beginning to see the disability management impacts driven by an increased emphasis on wellness, prevention, and obesity.
Roid rage: Workers’ comp injury related to low testosterone therapy
The Arkansas Court of Appeals recently held that the Arkansas Workers' Compensation Commission (WCC) correctly ruled that an employee's low testosterone therapy was reasonably necessary to counteract side effects of medicine prescribed for his compensable back injury.
6 Questions to ask to succeed with your employee coaching and mentoring programs
By Dr. Susan Weinberger
Most if not all employees can easily identify with at least one person who has helped them professionally. Unfortunately, there are many companies in America that have not yet designed and implemented formal quality and sustainable mentoring and coaching programs.
Driver’s lawsuit collides with Illinois Workers’ Compensation Act
An employee claims he was injured at work. He also says that because his employer delayed approving his medical treatment, he was unable to return to work because of his incapacity. Once he is fired for exhausting available leave, can he maintain a retaliatory discharge suit? Read on to find out.
Video: Vaping in the workplace--Elements of an effective e-cigarette policy
Should you allow e-cigarettes in the workplace? Whether you do or you don't decide to allow vaping in the workplace, you should have a policy that's clear and effective. In this video, Charlie Plumb of McAfee Taft explains what an employer's e-cigarette policy should include.
4 wellness strategies that work for shiftworkers
Shift work has been associated with a number of adverse health effects, from heart disease to cancer. Employers have tried many strategies to help shiftworkers stay safe, well rested, and healthy, but these strategies have fallen more into the “common sense” category than into the “scientifically validated best practices” category. Here are four strategies that offer the greatest positive effect on chronic disease outcomes.
Are injuries after holiday lunch covered by workers' comp?
The North Carolina Workers' Compensation Act provides a remedy for employees who suffer injuries caused by accidents arising out of, and in the course of, the employment. Some situations are obvious, but others are closer calls. Read the facts and decide whether the employees' injuries are compensable in this case.
'Grumpy' at the workplace: Fired for bad attitude or discrimination?
The 6th Circuit recently rejected an employee's discrimination claim because she didn't produce enough evidence of discrimination and because the employer had legitimate nondiscriminatory reasons for firing her.
Towers Watson survey finds corporate pension plan funding declined in 2014
The pension deficit has increased as funding status dropped nine percentage points, according to a new survey by Towers Watson.
Video: Vaping in the workplace--Are e-cigarettes safer for your employees?
Are e-cigarettes safer to use than smoking tobacco? Are e-cigarettes an effective way to quit smoking? In this video, attorneys John Vering and Charlie Plumb explore these issues and how they relate to your emeployees and the workplace.
An item-by-item look at the new itemized listing
, JD, Senior Legal Editor
It’s official—OFCCP’s new scheduling letter and itemized listing for affirmative action plan compliance evaluations are in effect. The new requirements significantly change the way in which federal contractors must respond to OFCCP’s notice of an impending review of their affirmative action plans by government officials. For all audits occurring after October 15, 2014, the OFCCP is using the new scheduling letter and itemized listing.
Substitute teacher wasn’t misclassified under California law
A substitute teacher showed her tenacity in representing herself through years of internal complaint procedures, trial court rulings, and the California Court of Appeal process. Her efforts, however, didn't support her claim that she was misclassified and thus entitled to a retroactive increase in pay for the year she worked as a substitute teacher.
Rehire without new noncompete agreement proves costly mistake for employer
Indiana courts generally disfavor noncompete agreements because they restrain trade. In a recent case, the Indiana Court of Appeals found that a previously signed noncompete agreement didn't apply to a rehired employee.
HR Daily Advisor Week in Review—January 5 to January 9, 2015
This week, the HR Daily Advisor discussed finance, wellness, and quiet time. Here’s the
HR Daily Advisor
week in review.
2015 workplace predictions: Outdated best practices are out—flexibility and training are in
The workplace underwent significant changes in 2014, with a shift towards eliminating “old school” management practices and embracing more open work environments and increasing in flexibility on the job. While significant changes occurred in 2014, Fierce, Inc. predicts 2015 will prove to be even more groundbreaking.
6 tips to having fewer workplace injuries in 2015
The number of employees seriously injured on the job is down in the United States, but millions of workers still get hurt on the job every year.
Drug and Alcohol Policy (Includes Medical Marijuana)
Sample alcohol and drug policy, including provisions for medical marijuana.
Medical Marijuana Policy
Sample language to insert in your alcohol and drug policy to include medical marijuana.
California Paid Sick Leave Poster (Spanish)
California paid sick leave poster in Spanish. For compliance with the California state Healthy Workplace Healthy Family Act of 2014 (AB 1522).
California Paid Sick Leave Poster (English)
Business Ethics: What Employees Need to Know--Spanish (PPT)
HR experts and labor and employment attorneys agree that businesses--regardless of their industry or size--should be concerned about the ethical conduct of their employees. Use this Business Ethics for Employees - Spanish PowerPoint presentation to train your workers on ethics.
Back Safety (Spanish) -PPT
Strains and sprains are the leading cause of workplace injuries and illnesses, and the back and shoulders are the parts of the body most affected. Ergonomics is the science of fitting working conditions to the people who have to do the work through the design of equipment and safety procedures. Use this Back Safety (Spanish) PowerPoint presentation to train your workers on ergonomics.
Defensive Driving for Noncommercial Motorists (PPT)
Motor vehicle accidents are the number one cause of accidental death in the United States. These deaths, as well as accident-related injuries and costs, however, are preventable. Training employees to drive safely and defensively can significantly reduce the risks. Use this Defensive Driving for Noncommercial Motorists PowerPoint presentation to train your workers on motor vehicles.
HR Speaker's Notes:
Back Safety (Spanish) -Script View
Strains and sprains are the leading cause of workplace injuries and illnesses, and the back and shoulders are the parts of the body most affected. Ergonomics is the science of fitting working conditions to the people who have to do the work through the design of equipment and safety procedures. Use these Back Safety (Spanish) speaker's notes to train your workers on ergonomics.
Business Ethics: What Employees Need to Know--Spanish (Speaker's Notes)
HR experts and labor and employment attorneys agree that businesses--regardless of their industry or size--should be concerned about the ethical conduct of their employees. Use this Business Ethics for Employees - Spanish Speaker's Notes to train your workers on ethics.
Defensive Driving for Noncommercial Motorists - Script View
Motor vehicle accidents are the number one cause of accidental death in the United States. These deaths, as well as accident-related injuries and costs, however, are preventable. Training employees to drive safely and defensively can significantly reduce the risks. Use these Defensive Driving for Noncommercial Motorists speaker's notes to train your workers on motor vehicles.
2015 Termination and Exit Interviews Survey--Data
BLR's 2015 Termination and Exit Interviews Survey Data is available for download below. (
2015 Termination and Exit Interviews Survey--Summary
BLR's 2015 Termination and Exit Interviews Survey Summary is available for download below. (
HR Regulatory Analysis:
Affirmative Action Analysis
Fair Labor Standards Act (FLSA) Analysis
Hours of Work Analysis
Mileage Allowance Analysis
Minimum Wage Analysis
Questions & Answers
Can an employer group pay the premium for an individual policy?
If a group changes benefit plans mid year can they also change contribution strategy?
If you fall under an exempt position such as outside salesperson, does this also mean you are exempt from having to be paid at least minimum wage as well?
What are the pros and cons of changing our vacation accrual system?
If an employee is covered by a spouse's insurance, can they be compensated for not taking our insurance?
District of Columbia
HR Strange But True
Positive Marijuana Drug Tests
May employers discharge an employee for A positive marijuana drug test?
Yes, an employer has the absolute right to enforce a zero-tolerance policy and discharge an employee who tests positive for marijuana.
No, an employee’s off-duty marijuana use is protected by various laws.
Take this week's HR Challenge
HR Strange But True
HRSBT roundup: Internships, rejection letters, and weather conditions
This week we covered internships, rejection letters, and weather conditions. It's the
Strange But True
week in review!
Read this week's column
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