Today’s Labor Updates:
Report on Social Media, NLRB and EEO Trends That Impact Employee Handbooks
Union Warns Anti-Keystone Democrats There Will Be Consequences
Can India Become the Next China?
Report on Social Media, NLRB and EEO Trends That Impact Employee Handbooks
HR Report Identifies Need-To-Know Trends Impacting Employer Policies and Compliance
November 20, 2014
New Providence, NJ (November 20, 2014) – Google Glass, LGBT protection, medical marijuana and no-fault attendance policies are just a few of the trends that employers need to consider when developing or updating their employee handbooks, says a new XperHR report. It’s crucial that employers be aware of recent changes in the law, society and technology or they could face government sanctions.
Among the most prevalent workplace trends are “Bring Your Own Device” (BYOD) and emerging technologies such as Google Glass and biometrics. Because there are significant risks in permitting employees to use such technology, it is imperative for employers to create strong policies to shield themselves from liability and give employees a clear idea of what is permissible and what is not. Further, a growing number of employers are putting employees on notice that they may be monitored and have a diminished expectation of privacy in the workplace.
Employers should ensure compliance with EEO policies prohibiting discrimination, harassment and retaliation, and provide reasonable accommodations when needed. They should frequently revisit and update their policies, as states and municipalities are increasingly providing employment protections to new and emerging protected classes such as lesbians; gays, bisexuals and transgender individuals; pregnant women; domestic violence victims; the homeless and the unemployed.
“It is also important to be aware of local laws that address medical marijuana, e-cigarettes in the workplace, paid sick leave, same-sex marriage, LGBT rights, and the use of cell phones while driving,” says Beth Zoller, Legal Editor, XpertHR. “Prudent employers should integrate state and municipal laws into their workplace policies.”
The National Labor Relations Board (NLRB) has been proactive in pursuing employers for handbook policies that can be interpreted as infringing upon the right of employees to engage in protected conduct. The NLRB has found policies such as those dealing with social media, contact with the press, confidentiality, investigations and employee communications to violate employee rights. As a result, employers should be extremely careful when drafting such policy provisions and avoid overly broad and ambiguous language and blanket rules that can be interpreted as interfering with the right of employees to engage in protected concerted activity.
“The employee handbook is a living document that should evolve as laws and your business change,” says Zoller. “Updating and amending an employee handbook to comply with the current law and to reflect the most up-to-date protections should be done on an annual or semi-annual basis.”
For a free whitepaper on how to create and implement employee handbooks, visit XpertHR.
About XpertHR
XpertHR’s online service provides HR professionals with practical compliance tools and comprehensive guidance on federal, state and municipal law, helping employers stay current with evolving and complex employment law issues. XpertHR content is published in association with sister company LexisNexis. XpertHR.com is a unique, easy-to-use solution organized around the day-to-day responsibilities of HR professionals. In addition to smart search features, you can browse through content by task, by topic, or by tool type to help you find just what you need in seconds. Our key features include the popular Employment Law Manual and Liveflo employment workflows.
Union Warns Anti-Keystone Democrats There Will Be Consequences
Posted By Connor D. Wolf On 7:35 PM 11/19/2014
A prominent union boss warned on Wednesday that Democrats will pay for blocking the Keystone XL pipeline.
“For every action, there’s a reaction, and our members’ reaction will be felt in the next election,” Terry O’Sullivan, general president of the Laborers’ International Union of North America (LIUNA), told PoliticoPro.
LIUNA, like many unions, gave generously to the Democrats during the midterm elections. The union gave more than $2.3 million to Democratic candidates and $920,000 to the party’s main super PACs for 2014.
O’Sullivan went on to say the Democrats who voted against the pipeline, “took food off the table of our members, and we don’t take that lightly.”
He then vowed “to assess from top to bottom who we give to, what we give.”
“Every president has to speak for their own membership,” O’Sullivan added. “Our membership is repulsed and disgusted.”
Keystone XL has already divided labor unions from much of the rest of the Democratic Party. AFL-CIO President Richard Trumka and the Teamsters are key unions that supported the pipeline in order to create jobs for members. (RELATED: White House And Unions Divided Over Keystone)
California Democratic Sen. Dianne Feinstein, who voted against the pipeline, said on the Senate floor, “The Keystone pipeline was proposed to accommodate increased extraction of oil from the tar sands of Alberta. Now these tar sands cover an area of 54,000 square miles—that’s roughly the size of New York. So it is huge.”
Feinstein expressed concern about the resultant toxic waste, adding, “And that’s just extraction. Transportation of the oil poses additional risks to the environment, namely the risk of pipeline spills.”
Right before the vote, White House Press Secretary Josh Earnest told reporters, “Well, the president has been very clear about what our views are as it relates to the Keystone bill.”
Mississippi Republican Sen. Roger Wicker, who voted in favor for the pipeline explained in a statement, “There are 2.6 million miles of pipeline infrastructure in place in the United States today.”
He continued, “Adding another 1,179 miles is minute in comparison and would reap immense economic benefits, while having little or no effect on the environment. I am disappointed Senate Democrats continue to put politics and special interests above creating thousands of American jobs; however, I am optimistic that the Senate will approve the project next year under the new Republican majority.”
Can India Become the Next China?
With its growing labor force, the South Asian giant has some impressive long-term growth potential.
By Anthony Fensom for The Diplomat
November 20, 2014
China’s citizens may have celebrated “APEC blue” skies at the recent Beijing summit. But amid the nation’s recent diplomatic triumphs, analysts suggest China could still be eclipsed by India as Beijing confronts growing environmental and structural challenges.
Speaking at Brisbane’s recent G20 Leaders’ Summit, China’s Finance Minister Zhu Guangyao said the world’s second-biggest economy was undergoing “a period of pain” as it tackled structural problems threatening its growth targets.
“We do have problems that have been accumulated over time…the first is the overcapacity of our economy, second is the problem of shadow banking, and the third main problem is debt accumulated over time by local Chinese governments,” he said.
Zhu said the world economy “faces greater downward risks,” with the Chinese economy also adjusting to a “new normal” of slower growth.
“Right now the Chinese economy is in a period when we are changing gear. Our economic structure is undergoing a period of pain and we are also in a period when we are absorbing large-scale stimulus packages we rolled out earlier,” he said.
He added, “Now is a ‘new normal’ for China’s economy…[which] means the Chinese economy will be running at a relatively high speed instead of a super-high speed. In the normal economic functions we must also take into consideration factors such as the environment and energy.”
Zhu quoted the Chinese president in suggesting that Beijing’s emissions deal with the United States reflected a new focus on putting the environment ahead of unsustainable economic growth.
“[Chinese] President Xi Jinping attaches great importance to our work on this front…he said we want both clear water and green mountains as well as golden and silver mountains. And if we have to choose between the two, we would rather choose clear water and green mountains over gold and silver,” he said.
China’s pledge to peak total emissions by 2030 and boost the share of non-fossil fuels in its total energy mix to 20 percent has sparked concern among coal exporters, with the G20 urging Japan to apply its lower-emission technologies to coal-fired power stations around the region.
But while Zhu pointed to China’s rapid growth, saying its GDP expansion for 2013 was the equivalent of its entire economy in 1994, he said the nation was attempting to drive structural reform to build “a new model where we are powered more by innovation.”
India to Outpace Rivals
Japan’s economic woes since the 1990s in attempting to change its previous growth model might indicate the challenge Beijing faces. But according to a recent report by the University of Oxford’s Oxford Martin School and Citi Research, India’s superior demographics have it well placed to expand at a faster pace than its communist rival.
Based on OECD projections, the report predicts India outpacing rivals by growing at an average annual rate of 6.8 percent from 2018 to 2030 and 4.3 percent from 2031 to 2060, ahead of China’s 5.4 percent and 2.1 percent, respectively.
“The demographics of India are more favorable than those of China as China’s labor force has already peaked. Conversely, India still has a young population and will grow at least through 2045 when the country is projected to be home to just under 1 billion workers…India will have 25 percent more workers than China by 2060 while China has 24 percent more today,” the report said.
The report suggests the “demographic window” that has helped power economic development will close in China by 2020, remaining open in Indonesia until 2035, Malaysia until 2040 and not shutting in India until 2045.
While China is expected to have a $30.6 trillion economy by 2030 compared to India’s $13.7 trillion, India’s growth is “poised to remain elevated for the foreseeable future, even as China’s economy slows.” Yet the report also cited challenges to the world’s most populous democracy, including its gridlocked lower house, compared to China’s “highly centralized and authoritarian government.”
In announcing plans to secure a free trade agreement with India within a year after achieving similar deals with China, Japan and South Korea, Australian Prime Minister Tony Abbott described India as “the emerging superpower of Asia [that] is already a democracy.”
The OECD’s latest economic survey of India has also pointed to “signs of a turnaround,” with growth expected to expand by more than 6.5 percent annually in the coming years.
While the Paris-based organization expects China to slow to 6.8 percent over 2015-19, affected by its demographic changes, environmental and other issues, a separate OECD report predicts Asia’s wealthiest country will become the world’s biggest spender on research and development by 2019, ahead of the European Union, Japan and the United States, helping its innovation push.
China’s renewable and nuclear energy drive is also seen aiding its emissions target, amid pressure from its populace to make Beijing’s “APEC blue” skies a permanent feature.
Fortunately for the rest of the region, India’s predicted rise should support economic growth, even while debate continues over whether it can truly become the “next China.”