Here are some nuggets of employment law advice from the speakers at this summer’s Society for Human Resourceannual conference in Atlanta.
Facebook: “The risk of looking at (an applicant’s) Facebook page is much less after you interview them … If you decide not to hire a person based on what you see on a Facebook page, print it out, circle it and write ‘Bad judgment’ next to it.”
— Jonathan Segal, attorney, Duane Morris, Philadelphia
OSHA: “During the last two years, there has been an expansion of OSHA’s willingness and ability to cite employers with repeat violations, and they’re broadening the scope of what’s defined as a repeat offense … They’ve gone trigger-happy; they’re doing repeats all over the place.”
— Nina Stillman, attorney, Morgan Lewis, Chicago
Washington: “Keep your focus on the federal agencies, not Congress.”
— Mike Aitken, SHRM director of government affairs, on workplace laws and regulations for the rest of 2012
Off-the-clock work: “Get a signed statement (that says) ‘I accept the check and hereby acknowledge I have been fully compensated and my employer has a good-faith intention to comply with wage-and-hour rules. I have not worked off the clock.’ That’s as good as a waiver or release.”
— Gregory Hare, attorney, Ogletree Deakins, Atlanta
Unions: “If a union thinks your facility has one job that is vulnerable to unionization—and most companies do—the unions can target one job … This is dramatic.”
— Lynn Outwater, attorney, Jackson Lewis, Pittsburgh, speaking about the NLRB’s Specialty Healthcare ruling that reduced the size of potential bargaining units
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