Informed Employer: October 26, 2016 Informed Employer: October 26, 2016

Informed Employer: October 26, 2016

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SEC Issues First Guidelines for Calculating Executive Pay Ratios
The Securities and Exchange Commission issued its first guidelines for calculating pay ratios that compare executive compensation to that of the company’s median employee. Companies are required to report this information in their proxy, registration and information statements, as well as annual reports for the first fiscal year beginning January 1, 2017.
(Source: The Wall Street Journal, 2016-10-20) Read the full article
Court Rules Older Job Seekers Can't Rely on Disparate Impact Theory
In a decision that has shocked the employment bar, an en banc federal appeals court recently ruled that older job applicants can't rely on disparate impact in age-bias suits against companies. The Atlanta-based 11th U.S. Circuit Court of Appeals ruled that the federal Age Discrimination in Employment Act allows employees -- but not job applicants -- to bring disparate impact claims, report and Bloomberg's Daily Labor Report.
(Source: ABA Journal, 2016-10-12) Read the full article
AARP Suit Says Wellness Programs Violate Anti-Discrimination Laws
AARP, the large consumer advocacy group that represents older Americans, filed suit against the Equal Employment Opportunity Commission arguing that wellness programs violate anti-discrimination laws aimed at protecting workers’ medical information. The suit also questions whether the programs are truly voluntary, because the price of not participating is high for some workers.
(Source: The New York Times, 2016-10-24) Read the full article
OSHA Extends Date of Anti-Retaliation Provision Enforcement
OSHA has agreed to extend the date the Agency was to begin enforcing the anti-retaliation provisions of the final rule to improve tracking of workplace injuries and illnesses. Enforcement of the provisions that went into effect August 1, 2016, was already extended once to November 1, 2016. With the latest announcement, employers have until December 1, 2016, to comply.
(Source:, 2016-10-19) Read the full article
OSHA Proposes 18 Recordkeeping Changes, Could Save $3.2M a Year
The Occupational Safety and Health Administration is proposing 18 changes to the agency's recordkeeping, general industry, maritime and construction standards. The agency estimates that proposed revisions could save employers an estimated $3.2 million per year.
(Source: Insurance Journal, 2016-10-12) Read the full article
Retirement Benefits Replacing Health Coverage as Employment Lure
The appeal of employer-sponsored healthcare benefits has decreased because employees and prospective employees know they can obtain coverage on the exchanges if they need to. Because of this, employers’ retirement packages are emerging as a more prominent tool for recruiting and retention, especially for smaller firms.
(Source: HR Morning, 2016-10-12) Read the full article
Employers Check on Whether Workers Who Call in Sick Really Are
For workers who make up phony sick excuses, your boss may be onto you. About one-third of employers check up on a worker’s excuse, such as by calling their doctor to verify a note, calling the employee at home, or checking a worker’s social media accounts to see what they’re posting on their sick day.
(Source: WTSP-TV, 2016-10-20) Read the full article
Many Employers Allow Workers Paid Time Off to Vote
Thirty-one states require employers to provide time off to vote, and three-quarters of them require that time to be paid. More than half of employers surveyed by the Society for Human Resource Management provide paid time off to vote, while another good chunk gives workers unpaid leave to get to the polls.
(Source: Bloomberg, 2016-10-19) Read the full article
After All These Years, John Wooden: Still Relevant

Mark Ford

Who? C’mon, you remember John Wooden. The Wizard of Westwood (he coached UCLA to 10 NCAA national basketball championships – 7 in a row), Purdue’s 3­­­­­­-time consensus All-American in basketball, a.k.a. the Sage of Martinsville, Indiana. Go ahead and Google him, particularly his philosophical observations about teamwork, effort, and performance.

Consider now for a moment the corporate speak mantra of “hire slow and fire fast” presently in vogue as a model for HR professionals. Catchy as a motto? Yes! Successful in practice? Not exactly! Among the many teaching moments passed along by Mr. Wooden was “Be quick but don’t hurry.” Step back and apply the essence of Coach Wooden’s advice to your own experience. Compare his admonition about not hurrying with that of firing fast. Where would you rather be strategically when the EEOC charge is filed, the grievance is presented, or the lawsuit is commenced by the disgruntled employee or former employee? Evidence – hard evidence – of working with that employee, counseling, and engaging in progressive discipline should be at-hand under most circumstances when these employment disputes arise. It’s how you win, personally and professionally, at the administrative level, before an arbitrator or a jury. In short, firing fast may backfire.

Read more here.


Ohio Minimum Wage Will Rise 5 Cents in 2017

Next year, Ohio’s minimum wage will be $8.15 and $4.08 for tipped employees with tip credit going to minimum wage. Read more in the Columbus Dispatch.


Feeling Lucky? U.S. Department of State Holds Annual Green Card Lottery

By Christl Glier

Commonly referred to as the “Green Card Lottery,” the Diversity Immigrant Visa Program is a congressionally-mandated lottery program awarding permanent residence or a “green card” to foreign nationals from countries with low rates of immigration to the United States. Because there are very limited avenues to permanent residence (most of which require employment- or family-based sponsorship), this lottery program provides a far faster and less restrictive opportunity for permanent residence to those foreign nationals who qualify and are ultimately selected.

Read more here.



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