An applicant who said she had to work in an office by herself because she smelled like fish. Faking a robbery as a workplace prank. An applicant who listed his dog as a reference on his résumé.

What do the above have in common? All made the top 10 'HR Strange but True!' stories of 2011. To see the complete list and read the stories, click here. 

On December 23 the National Labor Relations Board agreed to postpone the effective date of its new employee rights notice-posting rule. The extension moves the implementation date from January 31 to April 30, 2012. Under the new rule, most private sector employers will be required to post the 11-by-17-inch notice on the new implementation date. The notice and additional information on posting requirements are available on the NLRB's website, www.nlrb.gov. The NLRB took this action, at the request of the federal court in Washington, D.C., to facilitate resolution of legal challenges to the rule.

With the notion that cold weather is on its way, OSHA recently established a web page and issued guidance to employers with the goal of protecting workers during winter storms and from the cold.   For those employers with groups of employees that may become involved in winter storm cleanup efforts or might simply work outside in the elements, a review and implementation of some of OSHA's recommendations and suggestions will go a long way to help avoid citations related to exposing your workers to cold weather related risks.  You can find OSHA's guidance and a link to the web page here. 

We would like to wish all of our readers a happy holiday season.  Take a few days off and get ready as 2012 is just around the corner.  You will need to enter 2012 rested and ready as the pace of change being pushed out from the federal regulatory agencies is bound to pick up as the new year gets underway.  If you haven't already thought about your New Year's resolutions, then get busy because that deadline is rapidly approaching. 

2012 is poised to be a milestone Kansas legislative session.  Some of the items on the agenda, such as immigration reform and changes to KPERS funding, would directly affect certain Kansas employers.  Jim Maag, Governmental Affairs Consultant to Foulston Siefkin LLP's Public Policy Law and Governmental Relations Practice Group, previews the 2012 session in the new issue of Kansas Legislative Insights.  Click here.

The U.S. Department of Labor (DOL) continues its efforts to combat the misclassification of employees as independent contractors.  Last week, the DOL entered into a partnership agreement with the state of Colorado.  This agreement expands the number of states cooperating with the DOL to eleven, including our neighbors to the east and west (Missouri and Colorado).  Stay tuned as the DOL continues to turn up the heat on independent contractor classification issues.  To keep tabs on the DOL's efforts click here.

One perk of being on the U.S. Supreme Court is that you get to decide which cases you want to hear and which ones you don’t. Most cases cannot be appealed to the Supreme Court as a matter of right. So a losing party seeking Supreme Court review must file a petition for writ of certiorari, which must be granted by at least four of the nine Justices. (In case you're wondering, which you probably aren't, "certiorari" is a Latin word meaning "to be more fully informed.") The Court “grants cert.” to only about one percent of the petitions.

Today the Supreme Court agreed to review one employment-law case and declined to review another. The High Court agreed to review the high-profile case involving the 2010 Arizona immigration law that has been copied by several other states. The Court will decide whether federal immigration law preempts a state immigration law that, among other things, makes it a crime for an undocumented alien to seek employment. However, the Supreme Court declined to review a Tenth Circuit Court of Appeals ruling that federal sector Age Discrmination in Employment Act (ADEA) claims are subject to the same "but for" causation standard as private sector ADEA claims. 

Are Rockstars and Ninjas running rampant in your workplace? More and more companies are dumping their mundane old job titles for creative new monikers like these, according to an analysis of business card trends.    

The most-popular new names include Ninja, Rockstar, Geek, Guru, and Wrangler. These and other inventive job titles, like Czar, Kahuna, and Mad Scientist, let workers bring some personality and fun to their jobs.  The trend started with technology companies and is gaining traction in a wide range of industries. But don't expect the demise of traditional job titles at most companies.

From the perspective of an Employment Law Guru (hey, that sounds kind of cool), there's nothing inherently wrong with colorful job titles, if that approach is compatible with your company culture and customer base. It might even give you a leg up in recruiting for competitive creative or technology jobs. 

But use common sense and don't get carried away. Job titles (formal or informal) that convey sexist, racist, or religious overtones should be avoided. So no Wenches, Popes, or Nazis (remember the Soup Nazi from Seinfeld?). Even titles like Ninja or Kahuna could be problematic if directed at specific employees because of their race, ancestry, or national origin. Also stay clear of offensive business cards, such as the ones ordered by Facebook founder Mark Zuckerberg early in his career, which read, "I'm CEO, bitch." As any HR Rockstar knows, what some employees find clever or funny can be offensive to others.

The National Labor Relations Board (NLRB) continues to remain active as the year winds down.  Late last week, the NLRB approved a resolution directing the amendment of the regulations governing the representation election process.  The resolution will result in a final rule being established and published in the coming months.  The general theme of the amendments is to change the current procedures with the goal of "reducing unnecessary litigation in election cases."  The NLRB's proposed amendments support this goal by limiting the scope of the issues during a pre-election hearing, limiting the filing of post-hearing briefs in these types of matters, and restructuring the post-hearing appeals process.  For a more detailed explanation of the six proposed amendments click here.

While the amendments are directed at procedural matters, the end outcome will be to shorten the path from an election petition to an election.  A shorter period between the filing of the union's petition and the election itself is a positive outcome for unions, as the shorter the time period, the more likely the union is to win a representation election.  Employers should pay careful attention to efforts by the NLRB to reduce the election process time.  As changes like this become law, employers will need to be more proactive in order to remain union-free.  The use of various preventative measures in advance of a union organizing effort will become more critical than ever for employers in this new streamlined environment. 

Coaching college football is a tough job. The hours are long, the pressure is intense, and if you don’t win—and win soon—you’re gone.