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  • How to Determine Whether an Employee's Activity Is Protected Under the National Labor Relations Act (NLRA)

    The National Labor Relations Act (NLRA) protects the rights of employees to engage in "concerted activity for mutual aid or protection" to improve their wages, benefits and working conditions. Protected concerted activity includes, even in the absence of a union, activity by employees on behalf of co-workers or interacting with others to achieve a common goal.

  • How to Prepare for Union Representation Elections

    The National Labor Relations Act (NLRA) protects the rights of an employee to organize and form a union in order to address issues regarding wages, hours and working conditions. An employee, even in the absence of a union, also has the right to engage in protected concerted activity- acting on behalf of co-workers or interacting with others for the legitimate furtherance of their common interests.

  • How to Manage Unions When Operating in Both "Right to Work" and "Non-Right to Work" States

    Employers may assume that all issues relating to union organization and collective bargaining will be governed by the federal National Labor Relations Act (NLRA). However, the fact is that the NLRA has left certain union-related matters up to the states.

  • How to Promote Integrity in the Workplace and Protect Whistleblowers

    Whistleblowing is the act of informing an employer, government agency or other authority about fraud, misconduct or other illegal acts occurring in an organization. With proper procedures in place, an employer can create an environment of integrity that allows employees' concerns to be addressed, well in advance of employees reporting their concerns to an external entity. To promote integrity in the workplace and avoid the need for external whistleblowing, employers should take the steps in this How To.

  • How to Determine Full-Time Employee Status Using the Look-Back Measurement Method and Evaluate Pay or Play Penalties

    An applicable large employer may be subject to an employer shared responsibility payment if it does not offer minimum essential coverage to its full-time employees or if the coverage offered to full-time employees does not meet the minimum value and affordability requirements under the Affordable Care Act. The determination as to whether an employee is full-time is done on a monthly basis. This How To will help an employer determine whether an employee is properly categorized as full-time or part-time.

  • How to Determine Applicable Large Employer Status Under the Affordable Care Act

    Under the Affordable Care Act an employer, regardless of for-profit or not-for-profit status qualifies as an applicable large employer for a calendar year if it employs, on average, at least 50 full-time employees, including full-time equivalent employees (FTEs) on business days during the preceding calendar year. This How To will help an employer determine if it is an applicable large employer and subject to the employer shared responsibility requirements.

  • How to Formulate an Effective E-Cigarette Policy in the Workplace

    As e-cigarettes become more and more popular, employers must learn how handle these devices along side their current smoking policies. This How To will assist employers in navigating and managing e-cigarettes and vaping in the workplace.

  • How to Engage in and Properly Document the Interactive Process Under the ADA

    The ADA Amendments Act of 2008 (the ADAAA) amended the ADA and expanded the definition of what it means to be disabled under the law. Because more individuals now meet the definition of disabled under the ADAAA, accommodating these individuals through the interactive process has become increasingly important. To ensure compliance with the ADA, employers and their supervisors should follow the following guidelines for how to engage in and properly document the interactive process when determining whether to provide a reasonable accommodation to a potentially qualified individual with a disability.

  • How to Protect Trade Secrets When Employing a Mobile Workforce and Telecommuters

    In today's changing workforce, employers are no longer confined to the walls of their bricks and mortar facilities. Now employees are more mobile and no longer tied to a desk. This How To will assist an employer with clear directives on how to safeguard its trade secrets in light of an increasingly mobile workforce.

  • How to Plan an Office Holiday Party

    Employers should use this How To to minimize liability and make sure that holiday events run smoothly.