Employment Law

*** Guest Blog Alert! *** When to Hire HR, and 3 Simple Steps to Take in the Meantime!

*** Guest Blog Alert! *** When to Hire HR, and 3 Simple Steps to Take in the Meantime!

***Guest Blog!***

The question of when to hire HR will vary amongst companies, industries, and business leaders. One answer that will never change, though, is that indeed you DO need someone dedicated to HR and the sooner the better. If you have employees, you need HR (even if it’s just fractional); in today’s highly regulated, highly visible climate, there’s nothing but risk if you’re not paying attention to the basics, at very least. What I would recommend to any business leader, though, is to consider your bigger vision. What do you dream for your company in 5 years? 3 years? 6 months? Whatever it is, utilize your HR support to get there.

Christin Johnson is the founder and leader of iStartupHR, LLC, an HR consulting firm located in Raleigh, North Carolina.  For more information about Christin and/or iStartupHR, check out her website: istartuphr.com 

When ICE is on Your Doorstep... Lessons Learned from the Recent 7-Eleven Raids

When ICE is on Your Doorstep...  Lessons Learned from the Recent 7-Eleven Raids

On January 10, 2018, 98 7-Eleven stores nationwide were raided by ICE resulting in 21 arrests of alleged undocumented workers.  Needless to say, it is suspected that more raids are to come, probably in industries known to have immigration issues like food service and construction.  Allow me to go ahead and answer some of the questions in your head...

About that Misclassification Thing... Here is your intro to the North Carolina Employee Fair Classification Act!

About that Misclassification Thing... Here is your intro to the North Carolina Employee Fair Classification Act!

North Carolina mingled with the idea of its own misclassification statute for years and finally landed on a law that stuck.  Enter the Employee Fair Classification Act, which went into effect on December 31, 2017.  Here's your Need-to-Knows!

Oh Hiiiiii 2018, Time for an HR Review

Oh Hiiiiii 2018, Time for an HR Review

It's a new year which means new you, new resolutions, blah, blah, blah.  It also means new HR topics to consider for 2018, particularly considering all the fun 2017 brought us like this, this, this, and, oh yeah, this.  Here's some friendly HR advice to prepare for the New Year.

EMPLOYMENT LAW UPDATE: Form I-9 and Your Business

EMPLOYMENT LAW UPDATE: Form I-9 and Your Business

On September 18, 2017, employers became required to use a revised Form I-9 with a revision date of July 17, 2017 N (7/17/17).

It's 2017 and you can Microchip your Employees!

Microchipping employees is a thing and IDK what's going on anymore...

In your annual review of your company's employment handbook, I bet you've never once thought to yourself "Hey! We should add a microchip policy!"  But maybe one day you will....

On Aug. 1, 2017 a Wisconsin tech firm introduced a microchip that can be implanted in the hand of its employees.  This single chip can do things like allow access to buildings and networks, use copiers, open doors, and possibly purchase items from the company's cafeteria.  While their policy on this microchip was voluntary (read: employees who opted out were not retaliated against), more than FIFTY (50) opted to get said microchip implanted under their skin.  Apparently the microchip is smaller than a grain of rice.  BUT STILL!

Employer Security via RFID.

For employers working in large spaces and with sensitive data and technology, the microchip concept adds a level of security unseen until now.  The microchips being used for employment purposes are essentially mini GPS's also called radio frequency identification ("RFID").  It allows employers to monitor and regulate access, as well as monitor and regulate time.  For example, these RFID devices can alert employers if a certain someone is spending an excessive amount of time "getting coffee."  These devices can also collect data on access to certain buildings, units, labs, servers, etc.  

Attorneys Caution RFID use (duh).

Anytime employers ask about sticking a GPS device in an employee's hand, I shutter to think of all the ways this scenario can go wrong.  Who pays the medical bills when one employee's implant causes an infection?  What happens to data collected while the employee is not working for the employer (e.g. evenings and nights)? How many exceptions will need to be made for ADA/Title VII accommodations and how will this even work?  What happens when that rice grain goes rogue and your workforce turns into robots? All these questions and so little answers cause all us attorneys to shrug and say "it depends."  

What Happens Next?

Only a few U.S. companies are experimenting with RFIDs on a voluntary basis.  Right now the cost behind these microchips will deter most employers from even considering the concept but I would no longer consider microchipping employees a thing of the future.  In other words, we'll probably be hearing more on this topic in the next decade.  In the meantime, I think I'll stick with microchipping my cat. 

Don't Hug Me.

Don't Hug Me.

Are you a boss who hugs his or her co-workers?  If yes, STOP.  Recent caselaw out of the Ninth Circuit says this is a no-no.  Read more about why.

Employer 411: The American Health Care Act

Employer 411:  The American Health Care Act

President Trump may be a lot of things but so far he's been pretty on point with following his campaign promises regarding topics like immigration and healthcare.  This was further evidenced yesterday when the House Ways and Means Committee approved the American Health Care Act (AHCA), which replaces certain parts of the Affordable Care Act (ACA).  Since its looking like the AHCA is going to become the new realm of healthcare in the U.S., here are some key facts Employers should know...