September 2015 Issue Highlights
- October Note from the Editor
- Profile: Peter Capelli, PhD, George W. Taylor Professor of Management at the Wharton School
- I’m More Than Talent Management
- SHRM Georgia State Conference August 30-September 1 in Savannah
- SHRM-Memphis HR Excellence Awards September 9 in Memphis
- ADP ACA Seminar September 10 in Brentwood
- 14th Annual ARSHRM Employment Law and Legislative Affairs Conference September 17-18 in Little Rock
- 36th Annual Wimberly Lawson Annual Employment Law Conference in Knoxville
- 31st Annual KYSHRM Annual Conference September 23-25 in Louisville
- 23rd Annual TNSHRM Conference October 7-9 in Chattanoog
- Greater Memphis Chamber HR Legal Summit on October 22
- A Flak Jacket Against Blowing Up HR by Dr. Peter Capelli
- The Best-Kept HR Technology Secret Revealed
- Are You Ready for Modernized and Simplified FLSA? by Jennifer Blake
- The Cloud is Safe – If You Use it Correctly by Asaf Cidon
- Data Facts, Inc.and iCIMS Announce Partnership to Help Recruiters Streamline the Hiring Process
- Handbook Apocalypse! by Jeff Weintraub and Jay Kiesewetter
- Employee Benefits After Obergefell by Stacey Stewart
- Fisher Phillips Memphis Attorneys Included in Best Lawyers in America 2016 List
- SEC Awards Maximum Payment to Whistleblower by by Margaret (Meg) Campbell
- EEOC Celebrates 50 Years by Katharine W. Kores
- Raising the Minimum Wage – the Effects of an Increase on Restaurants and Retail Operators by Brandi Boles, Ed Fensholt and Stacie Engelmann
- Title VII Does Not Recognize Discrimination Based on Sexual Orientation by Jess Sweere
- The DOL’s New Economic Realities Test for Independent Contractors by Matthew R. Courtner
- Stay Out of Timekeeping Trouble: Best Practices for Preventing FLSA Claims by Mary C. Hamm
- The Legal Challenges of Telecommuting by Chris Anderson
- A Book Review – Hallelujah!: An Anthem for Purposeful Work by William Carmichael
- Company Fined $605,000 for I-9 Violations by Bruce E. Buchanan
- 7 Habits of Highly Respected Leaders by Harvey Deutschendorf
Temporary Employees May Now Be Eligible for Collective Bargaining
(August 27, 2015) The National Labor Relations Board (NLRB) announced a broad new standard for determining whether two businesses are “joint employers” for purposes of collective bargaining. (Browning-Ferris Industries of California, Inc.) Under this new standard, joint employment now exists even where one company only has the right to exert indirect or potential control over the terms and conditions of another company’s employees.
In a 3-2 decision, the NLRB is allowing unions to move into more workplaces.
Employers that retain the right to impose even indirect control over the working conditions of temporary employees could be considered their joint employers for bargaining purposes and also for unfair labor practice liability.
Employers and temporary staffing agencies need to evaluate their written service agreements for references to right to control. This includes an analysis of pre-employment qualification and hiring standards, assignment and retention of individual temporary employees, shift schedules, workload and pace of work, and wages and benefits.
HR Professionals Magazine is an exciting monthly trade publication designed to educate and inform HR professionals in every discipline of the Human Resources function. We cover current hot topics on employment law, staffing and recruiting, compensation and benefits, employee relations, diversity, ethics, business leadership, relocation, employee training and development, payroll, and HR technology. Employment law will not only focus on federal legislation, but also on state and local regulations for Tennessee, Arkansas, and Mississippi. Articles are detailed and comprehensive written by local HR specialists, educators, and attorneys who are highly regarded as experts in their respective fields.
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