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COMMENTARY
Hidden Ramifications of the Employee Free Choice Act
By James V. Meath
Commentary: It now seems that the Employee Free Choice Act as it originally looked will no longer rear its ugly head above the Capitol dome. Unions and their allies, however, are far from done with the battle. And so the business community has little to celebrate—and much to fear.
Workforce Washington
Washington staff writer Mark Schoeff Jr. provides an insider's insights to the workings of our nation's capital from the workforce management perspective.
Featured Blog:
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No Claim for Failure to Accommodate
Employers are advised to engage in an interactive process with employees seeking job accommodation. The Americans with Disabilities Act does not require employers to accommodate employees by assigning other workers to take over the duties of a disabled employee.
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Tools and Resources
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An e-book from law firm Foley Hoag, ‘Tips for Planning Reductions in Force,’ is a possible guide for organizations considering layoffs.
By taking a few simple precautions, companies can avoid falling prey to wage and hour lawsuits.
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Recent Post
Which Recruiter Gets the Fee?
A member writes: "We are in the process of recruiting and we use outside recruiting firms. We now have an argument brewing between two recruiters, each of who claim they notified our managers first about a candidate. Hopefully, our managers have the original e-mails from the recruiters with the candidates’ resumes... Should whoever submitted the résumé first get the nod?"
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More Forum Posts
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Nonexempt vs. Exempt
A member writes: "I work for a rent-to-own store as an assistant manager. I have been classified as an exempt employee [but] I receive “Chinese overtime” for hours over 40/wk. I have been doing research to determine if my position qualifies as non-exempt. I spend the majority of my time performing the same functions other employees do, such as sales, merchandising, answering the phones, doing deliveries on the truck, etc. I would say at least 75% of my time is performing these non-management tasks...Am I exempt or non-exempt under fair labor laws? Do I deserve to be compensated for the true overtime I have worked?"
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Special Report
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Employers are being slapped with lawsuits—costing them millions of dollars in some cases—by workers who say they are being compelled to work through meal breaks. Antiquated labor laws are to blame, some corporations say. But plaintiff attorneys blame in part deteriorating corporate ethics.
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Exclusive
Webcast
The Whole Truth About Furloughs Your questions answered about the pros & cons, from a legal perspective
Firms that use furloughs can reap various benefits, such as the ability to slice expenses immediately and remain prepared to ramp up production when the economy recovers. Organizations can also avoid the morale drop that comes with layoffs. But furloughs are not risk-free.
Join us for this exclusive Webcast featuring Alison Hightower, Shareholder at Littler Mendelson. You'll learn how to assess whether a furlough is better for your business than a layoff and get your specific questions answered.

This webcast includes extensive Q&A to answer your specific questions, an exclusive research report and downloadable presentation materials. Don't miss it!
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