National Labor Relations Board Announced Major Changes to Union Election Rules
National Labor Relations Board Announced Major Changes to Union Election Rules
On December 13, 2019, the National Labor Relations Board (the Board) announced major changes to its union election rules. Expected to take effect on April 16, 2020, the new rules modify what is commonly known as the "quickie election rules" or "ambush election rules."
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Indiana Supreme Court Defines Use of Liquidated Damages Clauses in Employment Contracts
Indiana Supreme Court Defines Use of Liquidated Damages Clauses in Employment Contracts
Employment contracts frequently include restrictions on an employee’s ability to work for a competitor (non-competition clause) or to solicit the employer’s employees or customers (non-solicitation clause) for a period of time after the employee’s employment ceases.
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Cohen to Present at NIHRA Meeting
Cohen to Present at NIHRA Meeting
Labor and employment attorney Joe Cohen will be presenting at the January 6, 2020 meeting of the Northeast Indiana Human Resources Association.
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Department of Labor Issues Final Rule on What Perks Can be Included in "Regular Rate" of Pay
The U.S. Department of Labor announced its final rule on what perks employers can exclude from the regular rate of pay calculation.
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Stites to Present at Mediation Seminar
Stites to Present at Mediation Seminar
Anthony Stites will speak at a seminar titled “Indiana Mediation: Start-to-Finish,” presented by the National Business Institute. He will be presenting on how to handle difficult scenarios during a mediation, including discussions on handling multiple parties and multiple claims during a mediation and how to approach cases that have involved extensive and complex investigation.
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Respecting Employees’ Privacy Rights during an Internal Investigation
Respecting Employees’ Privacy Rights during an Internal Investigation
An employer must respect employees’ privacy rights when conducting internal investigations in response to a claim or allegation. However, at the same time, it is necessary and important for the employer to obtain all of the relevant factual information. In most instances, the investigation must be conducted promptly and thoroughly.
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Laws Impose an Affirmative Obligation to Investigate
Laws Impose an Affirmative Obligation to Investigate
There are various laws and statutes that create a duty to investigate by the employer when a claim has been made by an employee.
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Post Internal Investigations Matters
Post Internal Investigations Matters
An internal investigation has been completed, but now a decision must be reached. If the investigation related to a claim or allegation that will result in discipline, the investigator must, usually, discern credibility of witnesses and relevant comfort levels with the information gathered.
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Steinhofer to Present
Steinhofer to Present
Rachel Steinhofer will be the presenter at the October meeting of the American Payroll Association’s Fort Wayne Chapter. She will be presenting on the Family Medical Leave Act and the Americans with Disabilities Act.
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Kimbrough to Present
Kimbrough to Present
Thomas Kimbrough will be a presenter at Gibson Insurance’s “What’s the Risk: Crossing State Lines” seminar on Tuesday, October 15, 2019 at Fort Wayne Country Club.
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​Steps in a Worker’s Compensation Claim
​Steps in a Worker’s Compensation Claim
An article about the steps in a worker's compensation claim.
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Guidelines for Conducting an Internal Investigation
Guidelines for Conducting an Internal Investigation
Conducting an internal investigation is an important part of any human resource professional’s job. This article provides guidelines that should be considered when conducting an investigation.
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Cohen to present on Labor and Employment Law at Annual Hot Topics Update
Cohen to present on Labor and Employment Law at Annual Hot Topics Update
H. Joseph Cohen presented an update on labor and employment law at the Allen County Bar Association’s Annual Hot Topics Update on September 26, 2019.
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Tips on Conducting an Internal Investigation for Human Resource Professionals
Tips on Conducting an Internal Investigation for Human Resource Professionals
Most human resource professionals will need to conduct investigations during their careers as a part of their job duties. Investigations are most often required for allegations which include theft, drug use, discrimination, threats, assaults and harassment.
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Worker’s Compensation Insurance – Do I need it?
Worker’s Compensation Insurance – Do I need it?
Many business owners ask the question, “Do I need Worker’s Compensation Insurance?” If you are a business owner find out if you are required to carry this insurance.
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Stites to Present at Annual NIHRA Conference
Stites to Present at Annual NIHRA Conference
Tony Stites will be a presenter at the Northeast Indiana Human Resources Association’s Annual Conference on Thursday, May 9, 2019 in the Walb Student Union on the campus of PFW. The conference runs from 7:30 a.m. to 4:30 p.m., with registration at 7:30 a.m.
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Stites to Present on HR Topics
Stites to Present on HR Topics
Anthony Stites will be a presenter at the "What's New: HR, Legal, Compliance & Tools" seminar hosted by First Insurance Group.
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U.S. Department of Labor Proposes Raising  the Minimum Salary Threshold
U.S. Department of Labor Proposes Raising the Minimum Salary Threshold
The U.S. Department of Labor issued a preview of what it is offering as the new rule raising the minimum salary threshold required for workers to qualify for the FLSA "white collar" exemption to $35,308.00 per year.
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7th Circuit Provides Narrow Interpretation of Age Discrimination Employment Act
7th Circuit Provides Narrow Interpretation of Age Discrimination Employment Act
The 7th Circuit Court of Appeals, sitting en banc, ruled 8 to 4 that job applicants do not have legal standing to bring claims for unintentional age discrimination under the Age Discrimination Employment Act (ADEA).
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NLRB Returns to Long-Standing Independent-Contractor Standard
NLRB Returns to Long-Standing Independent-Contractor Standard
On Friday, January 25, 2019, the National Labor Relations Board (“NLRB”) issued an opinion in SuperShuttle DFW, Inc., Case 16-RC-010963 that re-institutes the common law test and standards for assessing whether a worker should be classified as an independent contractor versus an employee.
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