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7 Surprising Facts HR Pros Should Know About the GDPR

Visier

Under the GDPR, organizations are most likely processing employee data on the basis that it is necessary for the performance of a contract, complying with EU employment laws, or to pursue the legitimate interests of an organization — provided this interest is not overridden by the interests or the rights and freedoms of the employee.

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Will 9th Circuit Court Decision Influence Background Check Seven-Year Reporting Rule?

Cisive

Therefore, employers must ensure compliance with the detailed requirements of the FCRA, particularly around background screening and authorization. Recent amendments to the Fair Credit Reporting Act (FCRA) have significantly increased the rights of applicants and employees, specifically with regards to the seven-year rule.

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ALJ Upholds $4.3M HIPAA Penalty Against Cancer Center

HR Daily Advisor

OCR’s investigation found that MD Anderson had written encryption policies going as far back as 2006 and that its own risk analyses had found that the lack of device-level encryption posed a high risk to the security of e-PHI. Slaughter , JD, is a Senior Legal Editor for BLR’s Thompson HR products, focusing on benefits compliance.

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Plan Sponsors Must Now Analyze 401(k) Plan Administration (Part 1)

HR Daily Advisor

As a result of these changes, many 401(k) plans may need plan amendments to either bring them into compliance with TCJA and the Budget Act, offer the distribution opportunities now permitted following this legislation, or comply with regulations implementing these provisions that have yet to be written. Special Tax Notices.

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Employer’s Lawyer in Hot Water After Threatening Worker with Possible Deportation

HR Daily Advisor

When Fernando reported in 1997 that he had a job offer from another dairy, the Angelos threatened that if he left, they would report the competitor to federal immigration authorities as an employer of undocumented workers. This article originally appeared in California Employment Law Letter. So Fernando stayed on.

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7th Circuit: The ADA is Not the New FMLA

HR Daily Advisor

Although decisions from the 7th Circuit are not binding on all courts, the appellate court’s opinion should provide employers with persuasive authority that justifies commonsense compliance with the ADA. Darrin” began working for Heartland Woodcraft in 2006. Let’s take a closer look.

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Pennsylvania: FMLA Settlement Proceeds Not Subject to Federal Tax Withholding

HR Daily Advisor

A Pennsylvania federal court has ruled that an employer doesn’t have to withhold federal payroll taxes from a settlement payment resolving a discrimination claim under the Family and Medical Leave Act (FMLA). In 2006, Vincent Gunter began working as a millwright for Cambridge-Lee Industries, LLC (CLI). Background.

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