Volume III Issue II February 2010
   
 
 
Welcome to Human Resource Connection, February 2010 Edition, brought to you by Gall & Gall Company, Inc. This publication is intended as an educational tool and an information resource for human resource professionals or anyone interested in keeping abreast of recent industry developments. Please let us know if there are any topics or issues you would like to see addressed in a future issue.




In This Issue:


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•  Victoria Chavey Joins Jackson Lewis LLP

•  Will There Be an End-Run Around the EFCA?

•  EMPLOYER DRUG TESTING IN CALIFORNIA

•  5 Non-Negotiable Provisions for Your Social-Media Policy

•  Back To The Basics: Hiring Good Employees

•  COBRA Subsidy Extended

•  Deadline to Begin Reporting Payments to Medicare Beneficiaries Delayed to 2011

•  THE THREE MOST IMPORTANT LEADERSHIP RULES

•  Employment Law Matters

•  Fisher & Phillips Announces New HQ Location

•  H-1B Filing Season to Open April 1, 2010

•  Hiring associates - what can/can’t you ask?

•  Jackson Lewis LLP Adds Two in Cleveland

•  Jackson Lewis LLP Announces 16 New Partners

•  Be A Synergetic Leader

•  Littler Mendelson Announces New Philadelphia Office Managing Shareholder

•  Medical Marijuana Law Passes; Employers’ Accommodation Obligations Unclear

•  New E-Verify Law Goes Into Effect in Illinois

•  Pamela Devata and Lynn Kappelman Published in Chain Store Age “EEOC Initiative Focuses on Pre-Hire Selection and Testing Criteria”

•  Peter Luongo’s 10 Truths About Leadership: ... It's Not Just About Winning


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Featured Articles
 
 
 


HARTFORD, Conn., – Jackson Lewis LLP, one of the country’s largest and fastest growing workplace law firms, announced that Victoria "Tory" Woodin Chavey has joined the firm as a Partner in its Hartford office. Ms. Chavey was formerly a partner with the Hartford law office of Day Pitney LLP, where she previously had worked with Hartford Managing Partner Beverly Garofalo and Litigation Manager Peggy Strange.


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After months of moribundity, the Employee Free Choice Act (“EFCA”) is showing signs of life. Or at least alternative means of imposing some of the major changes included in EFCA, such as greatly decreasing the time of an election campaign and limiting employers’ ability to actively participate in union elections, are being considered. It all depends on the possible confirmation of Craig Becker, whose nomination to the NLRB has been stalled in the Senate but was recently voted out of committee on a party line vote.


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  By: Jennifer Brown Shaw and Alayna Schroeder


Former Major League Baseball player Mark McGwire’s recent admission that he used steroids throughout his career came as no surprise in a profession plagued by similar problems. While McGwire ostensibly used the drugs to enhance his performance, employers generally fear a decrease in performance when their employees use illegal drugs.


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Less than one-third of U.S. employers have a social-media policy, according to Manpower in its recent study, Social Networks vs. Management? Harness the Power of Social Media. Not that this is a surprise. Frankly, I’m more surprised when an employer actually does have a social-media policy in place. The recently published regulations of the FTC regarding employee endorsements and social-media sites may prompt some employers to get working on that policy. And, if that’s the case or if you’re considering a social-media policy for any other reason, here are some tips to help you on your way.


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  By: John Donovan


In talking with dealerships around the country, it looks as if there is light approaching the end of the tunnel. Some are actually starting to hire new employees. So this probably is a good time to take a look at the way your dealership hires employees and to determine if the process is accomplishing two critical tasks: 1) identifying the best possible candidate for a position who will make the dealership money; and 2) screening out "high risk", problem candidates who are likely to cost the dealership money.


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  By: Christopher Mills


On December 19, 2009, President Obama signed the 2010 Defense Appropriations Bill, which included an extension of the 65% COBRA Subsidy provision originally enacted last February in the Stimulus Bill. The new law affects the COBRA subsidy as follows...


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The Centers for Medicare and Medicaid Services (CMS) postponed the implementation of new regulations requiring an employer to report to CMS any payment to a Medicare-eligible person, where that payment is for medical benefits or is in exchange for a release that waives claims for medical benefits. The new deadline recently announced by CMS requires that reports of covered payments must be submitted beginning in the first calendar quarter of 2011.


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  Dr. Dewett is a nationally recognized leadership expert, author, professor, professional speaker and consultant specializing in all aspects of leadership and organizational life. Booking through On Target Speakers Bureau
By: Todd Dewett, Ph.D.


Leadership is about supporting and building employee morale and productivity. Ultimately, these explain organizational success. Each year we see hundreds of new leadership-related books and thousands of leadership-related articles. But how much of what is new is really new? After reading most of it, I have concluded that there are a small number of things going on that explain the essence of leadership. In fact, all of the thousands of leadership ideas, tricks and tactics that have been discussed really boil down to three simple rules. To maintain and build high performance organizations you must focus on three core ideas: reduce ambiguity, be fair and stay positive.


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  Non-disabled individual can support claim of "improper medical inquiry" under the ADA.
By: Maria Danaher


The Americans with Disabilities Act makes it illegal for employers to discriminate against disabled individuals. To that end, the Act includes a provision that, prior to an actual offer of employment, an employer “shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability.” The only inquiry that can be made is whether the applicant is able to perform job-related functions. In a case of first impression, the 11th U.S. Circuit Court of Appeals has held that a non-disabled employee can sue an employer for prohibited medical inquiry under the ADA.


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  Firm to Move to 12th & Midtown in Atlanta


ATLANTA - Fisher & Phillips LLP announces that the firm is moving its national headquarters to Midtown Atlanta. After 22 years in Buckhead, the firm is relocating to 1075 Peachtree Street, a new building in the 12th & Midtown development near the Federal Reserve Bank of Atlanta. The firm will occupy two floors of the 38-story office tower.


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The filing season for the Fiscal Year 2011 H-1B quota is at hand. Despite the sluggish economy, analysts are predicting positive growth in employment during the course of the year. Thousands of new H-1B cases will be filed on April 1, 2010. Employers need to project their labor needs for the coming year and position themselves to take advantage of the new H-1B quota.


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A common problem area for veterinary practice owners and managers is the screening and interviewing process, says Edward J. Guiducci, JD, American Veterinary Medical Law Association. Claims and lawsuits can arise from the words and conduct of a hiring veterinarian, manager or hiring team member toward prospective employees, Guiducci explained at the 2010 Western Veterinary Conference.


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  National Employment Law Firm Continues Explosive Growth


CLEVELAND, OH (January 29, 2010) – Jackson Lewis LLP, one of the country’s largest and fastest growing workplace law firms, announced that Daniel L. Bell has joined the firm’s Cleveland office as Partner and Ryan Morley has joined as an Associate. Previously, Mr. Bell managed the Labor & Employment Practice Group at Brouse McDowell. Mr. Morley was a Partner with Buckingham Doolittle & Burroughs.


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WHITE PLAINS, NY -- Jackson Lewis LLP, one of the country’s largest and fastest growing workplace law firms, announced that 16 attorneys have been named Partners. The recently elected Partners represent a broad range of workplace law experience and are resident throughout Jackson Lewis’ 45 offices across the country.


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  Jane Boucher is a best-selling author and professional speaker booking through OnTarget Speakers Bureau.
By: Jane Boucher


A synergetic leader builds an atmosphere of open communication. Open communication is a major factor in employee satisfaction. An employee must be able to approach and talk openly with their supervisors and co-workers. Invite suggestions and even constructive criticism. Instead of waiting for the employee to initiate communication, solicit feedback and discuss current problems and possible solutions.


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Philadelphia, PA – Littler Mendelson, P.C. (Littler), the nation's largest employment and labor law firm representing management, is pleased to announce that Kristine Grady Derewicz will succeed Thomas Bender as managing shareholder for the Philadelphia office.


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On January 18, 2010, the New Jersey Compassionate Use Medical Marijuana Act was signed into law (P.L.2009, c.307). This law, which becomes effective on July 1, 2010, decriminalizes medical use of marijuana under New Jersey state law for patients who legally use medical marijuana to alleviate symptoms or side effects of treatment relating to certain “debilitating medical conditions” (such as AIDS, HIV, and cancer). Those individuals who qualify are issued identification cards and their names are maintained on a confidential registry.


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  By: Ogletree Deakins


The recently passed law amending the Illinois Right to Privacy in the Workplace Act places statutory obligations on employers that use E-Verify. Effective Jan. 1, 2010, Illinois employers now are required to complete an attestation at the time of E-Verify enrollment. The form requires employers to attest to the following...


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Pamela Devata and Lynn Kappelman’s article, “EEOC Initiative Focuses on Pre-Hire Selection and Testing Criteria,” was published in the February 2010 issue of Chain Store Age. Their article discusses why companies need to be careful when using criminal background checks or obtaining applicants’ credit histories before making hiring decisions.


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  Pete Luongo is an author and professional speaker booking through OnTarget Speakers Bureau.


In a world where greed and winning at all costs has permeated organizations from youth sports to Fortune Top 50 companies and everything in between, everyone is faced with the same challenge: How do we not fall into that trap of compromising our core values both individually and collectively, personally and professionally, as we chase the end game?10 Can we create an environment where winning (success however you measure it) and employees feeling valued, respected, and part of something special are mutually inclusive? The answer is yes!


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