Emtrain Blog

How Uber Can Regain Our Trust

Posted by Chris MacDonald

December 22, 2014

Uber isn’t in the taxi business. It’s not even in the tech business. It’s in the “trust” business. That is, it’s in the business of building trust between strangers. And if it can’t figure out how to do that, it will fail.

 

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Topics: Legal, Business Compliance, Code of Conduct, Ethics

Beware Of Summer Interns

Posted by Janine Yancey

June 13, 2013

A Federal District Judge recently ruled that Fox Entertainment Group misclassified unpaid interns who worked on the movie “Black Swan,” produced by Fox Pictures, where the young interns did “gopher work” rather than anything of real educational value. The young interns fetched coffee and did menial tasks and did not benefit from any educational experiences. To be classified properly as an unpaid “intern,” the internship must be structured so the worker receives some kind of educational benefit.

The decision means the interns and others like them might be eligible to receive pay for the time they worked for Fox.

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Topics: HR Compliance, Legal, Hiring Skills, Laws & Regulations

3 Easy Steps To Avoid FLSA Violations

Posted by Janine Yancey

May 29, 2013

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Topics: HR Compliance, Legal, Laws & Regulations

Broadened ADA Definition Causing Uptick In ADA/Leave of Absence Claims

Posted by Janine Yancey

February 20, 2013

The broadened definition of what constitutes a disability in the 2008 amendments to the Americans with Disabilities Act is fueling an uptick in claims from workers who were fired after exhausting their Family and Medical Leave Act leave and then asking for more time off pursuant to the ADA.

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Topics: HR Compliance, Legal

Senate Democrats Press Obama To Ban Gay Bias By Fed Contractors

Posted by Janine Yancey

February 15, 2013

Dozens of Democratic senators sent a letter this week urging President Obama to issue an executive order barring federal contractors from discriminating against gay people, calling it a “critical step” while broader legislation is in the works.

Surprisingly, federal law does not currently bar discrimination against gay workers. Twenty-one states and the District of Columbia have laws prohibiting discrimination based on sexual orientation, and discrimination based on gender identity is illegal in 16 states and D.C., but the national legislature has not addressed the issue.

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Topics: HR Compliance, Legal

President Clinton marks 20th Anniversary of Signing FLMA

Posted by Janine Yancey

February 8, 2013

Please take a minute to read the President's opinion as it provides good insight into the value and "ROI" for FMLA and many of our other employment laws.

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Topics: HR Compliance, Legal

EEOC Priorities in 2013

Posted by Janine Yancey

January 23, 2013

EEOC Priorities in 2013

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Topics: Legal

Court Says FedEx Didn't Violate Dishonest Courier's FMLA Rights

Posted by Janine Yancey

January 18, 2013

Taking any adverse employment action against an employee on Family and Medical Leave is generally a big no-no.  However, employers have a sturdier leg to stand on when that employee has been dishonest.

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Topics: HR Compliance, Legal

Remember Written Sales Commission Agreements Before End of January!

Posted by Janine Yancey

January 16, 2013

Written commission agreements were required to be in place by January 1, 2013 per a new California law. Many of you may already have those written plans in place, but for those who do not, you should get them in place by end of January (if you can).  Remember, if you don't have a written commission agreement and a sales person disputes his/her commissions, you will be penalized for your lack of an agreement.

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Topics: Legal

NLRB Strikes Again

Posted by Janine Yancey

January 11, 2013

The NLRB struck again this week by ruling that provisions of Quicken Loans Inc.'s employment agreement with its mortgage brokers aimed at protecting confidential personnel information and keeping employees from criticizing the company ran afoul of federal labor law, allowing employees to act in concert to improve their benefits and working conditions.

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Topics: Legal