Volume III Issue I January 2010
   
 
 
Welcome to Human Resource Connection, January 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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•  Anger: The Misunderstood Emotion

•  Fisher & Phillips Expands New Phoenix Office

•  FTC Guidelines May Create Company Liability for Employees’ Online Endorsements

•  Jackson Lewis Continues Expansion of Phoenix Office

•  Jackson Lewis to Expand Mid-Atlantic Footprint, Open Baltimore Office

•  New E-Verify Law Goes Into Effect

•  Ogletree Deakins Opens Las Vegas Office, Increasing National Expansion and Western

•  Positive Drug Test Does Not Give Free Rein To Pre-Employment Medical Inquiries

•  Remember That Post You Wrote About Me on MySpace? You're Fired.

•  Immigration eAuthority

•  The Year In Labor & Employment Law, from A to Z

•  THE THREE MOST IMPORTANT LEADERSHIP RULES

•  UNDERSTANDING REASONABLE ACCOMMODATION

•  Change in Drug Testing Procedures for Police Not Up for Bargaining, New York Court Rules


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Featured Articles
 
 
  Jane Boucher is a best-selling author and professional speaker Booking through On Target Speakers Bureau
By: Jane Boucher


Anger is one of the most common emotions human beings face, especially in the work world. But it is also one of the most misunderstood. Sometimes, it is inappropriately dealt with at work or ignored altogether.


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  Labor and Employment Attorney Joins Firm


Having just opened our new office in Phoenix on January 11, Fisher & Phillips LLP, is already expanding in Arizona. The firm announced that Shayna H. Balch has joined the Phoenix office as an associate.


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  By: Maria Greco Danaher, Ogletree Deakins (Pittsburgh)


In October 2009, the Federal Trade Commission (FTC) issued final guidelines, which became effective on December 1, 2009, regarding the use of “endorsements and testimonials” in advertising. “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” 16 CFR Part 255. Under those guidelines, employees who use social media like blogs or Facebook to make statements about their employers’ products may create unintended legal...


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  Adds Six Labor & Employment Attorneys


Jackson Lewis (www.jacksonlewis.com), one of the largest and fastest-growing workplace law firms in the United States, with more than 600 attorneys in 45 offices, announced that six attorneys from the Phoenix office of Ford & Harrison LLP have joined the firm, significantly increasing the firm’s presence in the greater Phoenix area and beyond.


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  Nine Top Labor & Employment Attorneys To Join Jackson Lewis


Jackson Lewis (www.jacksonlewis.com), one of the largest and fastest-growing workplace law firms in the United States, announced that it will open its 45th office in Baltimore, MD next week with the move of nine attorneys from the Baltimore office of DLA Piper.


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


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Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (Ogletree Deakins), the nation’s third-largest labor and employment law firm, announced today the firm would open an office in Las Vegas on January 19 to meet the market’s growing need for labor and employment legal services. Tony Martin, formerly with Lewis and Roca LLP, will lead the office as Managing Shareholder.


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A recent decision sends a reminder that employers cannot make pre-employment disability related inquiries, even when such inquiries are related to a positive drug test. Prohibited questions are those “likely to elicit information about a disability.”


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  By: Christie M. Hayes


Employee gossip about supervisors is as ancient as chatter around the water cooler. But the dynamics of workplace gossip have gone through massive changes since online social networking sites like MySpace and Facebook found their way into the lives of employees with a notion to complain.


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  State E-Verify and I-9 Laws – 2010 Updates


E-Verify, the Internet-based system operated by United States Citizenship and Immigration Services (USCIS) that allows employers to verify the employment eligibility of employees, remains voluntary at the federal level with the exception of certain federal contractors.


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  (Labor Letter, January 2010)
By: Richard Meneghello


A

The American Recovery and Reinvestment Act, or ARRA, was a comprehensive piece of legislation designed to stimulate the economy during our "Great Recession." For employers, the most significant aspect of the new law involved the continuation of health care coverage through COBRA for those involuntarily terminated since September 1, 2008, with employees paying 35% of their premiums and employers on the hook for the remaining 65%. Although set to expire on December 31, 2009, Congress is considering extending the benefit and raising the employer contribution to 75%. Stay tuned for developments in the early part of 2010.


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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.


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  By: Jennifer Brown Shaw and Alayna Schroeder


To help prevent discrimination against employees with disabilities, both the federal Americans with Disabilities Act and the California Fair Employment and Housing Act require employers to provide an employee with a disability “reasonable accommodation.” This term means a modification or adjustment to the workplace that enables the employee to perform the essential functions (i.e., the primary duties) of the job.


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  Drug Testing and Substance Abuse Management
By: Roger S. Kaplan


The New York Court of Appeals, the state’s highest court, has held that New York City was not required to bargain collectively, under New York’s Taylor Law, over the City Police Commissioner’s decision to phase out use of urinalysis and, instead, use radioimmunoassay hair testing (“RIAH”) for all drug screening of uniformed members.


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