INDUSTRY INSIGHTS YOUR PEERS ARE READING
SEPTEMBER 6, 2016
When the Society of Human Resource Management launched their SHRM HR certification, they included a list of competencies not just for the HR leader but for all business leaders within your and my organization. MORE
MAY 20, 2016
The federal Equal Employment Opportunity Commission (EEOC) recently released a new resource document relating to the rights of employees with disabilities who are seeking leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). MORE
OCTOBER 23, 2019
If you do business in a jurisdiction that has its own data protection laws, you might not have a choice as to whether or not you’re going to implement a cybersecurity program – you have to! Businesses, 3 E-Commerce and Internet Law (2019 update). By Benjamin Orsatti, Esq., MORE
NOVEMBER 1, 2018
For example, in Australia, if an employer is found to have misclassified an employee as an independent contractor, a penalty of 250,000 AUD ( $202,063) is charged to the employer. An employee: Has a direct employment relationship with the employer. Receives benefits from the employer. Has protections under local employment laws. Directed on a day-to-day basis by the employer. Does not have a direct employment relationship. MORE
AUGUST 6, 2019
Last night, I found the employment law equivalent from this recent Sixth Circuit opinion. [ tl;dr: A colossal series of HR-compliance gaffes leads to a whopper of a jury verdict against the employer, which includes an award of punitive damages.]. MORE
NOVEMBER 8, 2016
Fair pay is a frequent subject of human resources and employment law discussions of late, with commentary coming from such diverse advocates as the Pope, President Obama and Hollywood. However, one of these legally sound reasons must first exist: Documented seniority systems. possibly including education, training certification or experience (You must be able to prove the exact factors that are directly applicable and essential to the job.). Document and communicate. MORE
JULY 17, 2017
Employers should be aware of another change to the Form I-9. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification. By September 18, 2017 , employers must use only this new version (rev. MORE
DECEMBER 27, 2016
Indeed, the FMLA gives employees who request and take leave plenty of advantages and provides significant penalties for employers that fail to comply with their obligations under the Act. The enhanced fitness-for-duty certification procedures set forth in Section 312 of the U.S. MORE
FEBRUARY 22, 2018
In fact, having a policy against it could get you in hot water with the National Labor Relations Board (NLRB) because such policies generally violate federal labor law. The National Labor Relations Act protects employees’ rights to discuss conditions of employment, such as safety and pay even if you’re a non-union employer. The employer had a handbook policy against discussing wages, but it was found to be unlawful by the NLRB. What employers can’t do. MORE
OCTOBER 30, 2017
The issue of marijuana in the workplace continues to evolve, raising policy and liability questions for employers across the country. Employees and job applicants are further protected from employment discrimination based on their legal use of medical marijuana under state law. MORE
SEPTEMBER 20, 2018
employers to verify an employee’s identity, work authorization and employment eligibility with the I-9 form. The proper completion and storage of these documents is vital, as I-9s must be filed and produced upon request by Immigration and Customs Enforcement. Too often, employees or employers leave something they consider inconsequential blank. As a best practice, get in the habit of filling out your employer part the same day, if possible, so it isn’t forgotten. MORE
JULY 1, 2019
Over the past two years, federal laws and policies related to citizenship and immigration enforcement have had several changes. In mid-2017, US Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. MORE
SEPTEMBER 23, 2019
Because compliance is changing so quickly on the state and federal level, HR departments are finding it more and more challenging to keep up with current regulations and changes to employment law. A vendor partner can be the HR practitioner’s best support to help navigate the fast-moving legal compliance landscape that includes background screening, reference checks, and employment verification. Complex state and city laws. Recent case law and changes surrounding FCRA. MORE
OCTOBER 5, 2017
The New Jersey Supreme Court recently permitted a disabled nurse to proceed to trial on her claim that the termination of her employment constituted disability discrimination. Furthermore, Arianna contended that neither document reflected what she actually did in her position. MORE
DECEMBER 7, 2016
Employment law attorneys recommend periodic internal audits of all record keeping practices. That way, if there’s ever a dispute, you’ll be able to produce the required documentation — not to mention stay in compliance with federal laws. MORE
MARCH 6, 2017
The phrase “document, document, document” was meant just for us! Most importantly, make friends with an employment law attorney! Editorial Note: Keeping with tradition, we are bring you new talent first, all the time. MORE
FEBRUARY 21, 2017
Court of Appeals for the 3rd Circuit (which covers Delaware, New Jersey, and Pennsylvania) recently concluded that the right to control, rather than actual control, is the key factor in differentiating employees from independent contractors under a state wage and hour law. by Kevin J. MORE
NOVEMBER 9, 2016
Every employer covered by the Fair Labor Standards Act (FLSA) must keep certain records for each covered, nonexempt worker. Employers will need to keep specific records for these newly nonexempt employees. Employment Documentation: A Q&A with Susan Fentin. MORE
MARCH 19, 2019
It’s not simply a matter of verifying a job candidate’s documentation and completing an application. You must satisfy a number of government requirements before sponsoring a foreign national to be employed in the United States. The type of documentation, the time and the resources involved vary depending on the vacant position and the type of visa sought. Be cautious that the requirements can change as lawmakers update existing immigration-related laws and regulations. MORE
AUGUST 4, 2017
Unlike summer blockbuster movies with a large cast of key characters, benefit plan documentation has just three: the plan document under the Employee Retirement Income Security Act (ERISA), the summary plan description (SPD), and the Internal Revenue Code Section 125 cafeteria plan document. MORE
OCTOBER 24, 2019
Because of the restriction, Joseph missed annual climbing re-certification and was then prohibited from climbing because he was not certified. Final note: One of the easiest ways to violate the ADA and other disability laws is to regard someone as disabled. MORE
NOVEMBER 13, 2018
A new North Carolina law offering protections against negligent hiring and retention claims is set to take effect December 1. The law is designed to help shield employers from certain claims filed in connection with their hiring or retention of employees with criminal records. MORE
JUNE 19, 2017
Navigating the leave law landscape can be tricky business for employers. Geodis requested more documentation and told her that if she failed to provide the information, it would terminate her for job abandonment. Tabakman is a contributor to New Jersey Employment Law Letter. MORE
SEPTEMBER 14, 2017
By September 18, employers must only use the new Form I-9 with the revision date of 07/7/17 N. Employers were given a grace period before they were required to use the new form, but that grace period expires soon! Employers should familiarize themselves with the changes to the new form. MORE
NOVEMBER 18, 2019
The fast-evolving legal landscape of employment drug testing laws, primarily with state-specific marijuana laws, has brought increasing challenges for employers. In the early years of medical marijuana legalization, most state-specific marijuana laws had no significant impact on or failed even to mention employment drug testing programs. Marijuana – The Language of the Laws are Changing. Cisive Drug Screening Employment Law Hiring HR Industry New MORE
JULY 14, 2017
Citizenship and Immigration Services (USCIS) will release a new revision of Form I-9—Revision 07/17/17 N—to be used for employment eligibility verification. Employers will need to use the new version of the form beginning on September 18. On July 17, U.S. MORE
FEBRUARY 12, 2017
He said that I need to speak with HR, who said they can’t take the pay increase back because it’s a law in Massachusetts and would look like the company is discriminating against me. Robert, I don’t want to put you on the spot and ask if refusing a pay increase is a state law. MORE
MARCH 7, 2017
As we’ve discussed in recent articles , the Trump administration’s aggressive stance on immigration enforcement suggests that employers should also be prepared for an increase in workplace audits and document inspections from Immigration and Customs Enforcement (ICE). MORE
SEPTEMBER 9, 2019
The federal law has been around for a decade, yet many employers still don’t know exactly how to comply. GINA essentially bars using genetic information in employment decisions and bars acquiring genetic information improperly. How do employers acquire genetic information? MORE
HR and recruiting leaders are wholly invested in compliance when it comes to background screening and employment law. Which laws regulate the employment and background screening process? Companies must consider both Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC) guidelines for collecting, using, and disposing of background check information. Why do some employment screening checks take longer than others? MORE
SEPTEMBER 12, 2017
Wage and hour class actions continue to be large thorns in the sides of many employers, and this recent decision serves as a good reminder of how critical it is for you to review your overtime policies, job descriptions, and exemption classifications. MORE
JUNE 25, 2019
Over the past two years, federal laws and policies related to citizenship and immigration enforcement have had several changes. HR and legal teams have had to struggle to keep up to date on changes specifically related to I-9 and E-Verify on the federal level, but also applicable changes in state laws. In mid-2017, US Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. The date employment was terminated. MORE
DECEMBER 2, 2019
HR West is a 3-day general HR conference, with a special focus on the demanding compliance requirements and employment laws for teams in California (which is one of the most challenging areas to practice HR). Washington State SHRM Employment Law & Human Resource Conference. MORE
MARCH 30, 2016
So how do you determine who qualifies as an employer under the law? A few weeks later Graziadio returned to work and handed in a medical certification supporting her need for leave. Was HR director her employer? Whether the Garrioch maintained employment records. MORE
MAY 9, 2017
According to the FTC’s blog post: Background screening reports are “consumer reports” under the Fair Credit Reporting Act when they serve as a factor in determining a person’s eligibility for employment, housing, credit, insurance or other purposes and they include information “bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.”. MORE
MARCH 22, 2018
Company documents such as employee handbooks, emergency procedures and announcements. Certifications and renewals earned and needed. Status changes and company employment history. For instance, a manager can see her team’s performance evaluations from multiple years, their salary information, time-off requests and professional certifications. You may have heard about HCM software, but do you know what it can do for your business? MORE
JUNE 24, 2016
That’s why it’s essential to know — before you find yourself in some kind of legal dispute — what documents you need to hold onto and what you can trash without putting your company at risk. Copies of employer notices to employee(s). investigation notes and documents. MORE
NOVEMBER 15, 2017
It’s not uncommon for employers to have some type of company-wide policy requiring all employees on leave to get a doctor certification that they’re 100% healed before returning to work. Employment Law FMLA (Family Medical Leave Act) Special Report ada policy MORE
HR Daily Advisor
NOVEMBER 13, 2018
A new North Carolina law offering protections against negligent hiring and retention claims is set to take effect December 1. The law is designed to help shield employers from certain claims filed in connection with their hiring or retention of employees with criminal records.
HR Daily Advisor
DECEMBER 27, 2016
Indeed, the FMLA gives employees who request and take leave plenty of advantages and provides significant penalties for employers that fail to comply with their obligations under the Act. The enhanced fitness-for-duty certification procedures set forth in Section 312 of the U.S.
HR Daily Advisor
AUGUST 4, 2017
Unlike summer blockbuster movies with a large cast of key characters, benefit plan documentation has just three: the plan document under the Employee Retirement Income Security Act (ERISA), the summary plan description (SPD), and the Internal Revenue Code Section 125 cafeteria plan document.
HR Morning
DECEMBER 7, 2016
Employment law attorneys recommend periodic internal audits of all record keeping practices. That way, if there’s ever a dispute, you’ll be able to produce the required documentation — not to mention stay in compliance with federal laws.
Cisive
NOVEMBER 18, 2019
The fast-evolving legal landscape of employment drug testing laws, primarily with state-specific marijuana laws, has brought increasing challenges for employers. In the early years of medical marijuana legalization, most state-specific marijuana laws had no significant impact on or failed even to mention employment drug testing programs. Marijuana – The Language of the Laws are Changing. Cisive Drug Screening Employment Law Hiring HR Industry New
Cisive
SEPTEMBER 23, 2019
Because compliance is changing so quickly on the state and federal level, HR departments are finding it more and more challenging to keep up with current regulations and changes to employment law. A vendor partner can be the HR practitioner’s best support to help navigate the fast-moving legal compliance landscape that includes background screening, reference checks, and employment verification. Complex state and city laws. Recent case law and changes surrounding FCRA.
|
Business Management Daily
SEPTEMBER 9, 2019
The federal law has been around for a decade, yet many employers still don’t know exactly how to comply. GINA essentially bars using genetic information in employment decisions and bars acquiring genetic information improperly. How do employers acquire genetic information?
HR Daily Advisor
JULY 14, 2017
Citizenship and Immigration Services (USCIS) will release a new revision of Form I-9—Revision 07/17/17 N—to be used for employment eligibility verification. Employers will need to use the new version of the form beginning on September 18. On July 17, U.S.
Cisive
MAY 7, 2019
HR and recruiting leaders are wholly invested in compliance when it comes to background screening and employment law. Which laws regulate the employment and background screening process? Companies must consider both Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC) guidelines for collecting, using, and disposing of background check information. Why do some employment screening checks take longer than others?
HR Daily Advisor
MARCH 7, 2017
As we’ve discussed in recent articles , the Trump administration’s aggressive stance on immigration enforcement suggests that employers should also be prepared for an increase in workplace audits and document inspections from Immigration and Customs Enforcement (ICE).
HR Daily Advisor
OCTOBER 30, 2017
The issue of marijuana in the workplace continues to evolve, raising policy and liability questions for employers across the country. Employees and job applicants are further protected from employment discrimination based on their legal use of medical marijuana under state law.
|
HR Morning
JUNE 24, 2016
That’s why it’s essential to know — before you find yourself in some kind of legal dispute — what documents you need to hold onto and what you can trash without putting your company at risk. Copies of employer notices to employee(s). investigation notes and documents.
HR Morning
NOVEMBER 15, 2017
It’s not uncommon for employers to have some type of company-wide policy requiring all employees on leave to get a doctor certification that they’re 100% healed before returning to work. Employment Law FMLA (Family Medical Leave Act) Special Report ada policy
HR Daily Advisor
OCTOBER 5, 2017
The New Jersey Supreme Court recently permitted a disabled nurse to proceed to trial on her claim that the termination of her employment constituted disability discrimination. Furthermore, Arianna contended that neither document reflected what she actually did in her position.
HR Counselor's Corner
OCTOBER 23, 2019
If you do business in a jurisdiction that has its own data protection laws, you might not have a choice as to whether or not you’re going to implement a cybersecurity program – you have to! Businesses, 3 E-Commerce and Internet Law (2019 update). By Benjamin Orsatti, Esq.,
HR Morning
MARCH 30, 2016
So how do you determine who qualifies as an employer under the law? A few weeks later Graziadio returned to work and handed in a medical certification supporting her need for leave. Was HR director her employer? Whether the Garrioch maintained employment records.
HRExecutive
MAY 9, 2017
According to the FTC’s blog post: Background screening reports are “consumer reports” under the Fair Credit Reporting Act when they serve as a factor in determining a person’s eligibility for employment, housing, credit, insurance or other purposes and they include information “bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.”.
HR Daily Advisor
NOVEMBER 9, 2016
Every employer covered by the Fair Labor Standards Act (FLSA) must keep certain records for each covered, nonexempt worker. Employers will need to keep specific records for these newly nonexempt employees. Employment Documentation: A Q&A with Susan Fentin.
HR Daily Advisor
SEPTEMBER 12, 2017
Wage and hour class actions continue to be large thorns in the sides of many employers, and this recent decision serves as a good reminder of how critical it is for you to review your overtime policies, job descriptions, and exemption classifications.
HR Daily Advisor
FEBRUARY 21, 2017
Court of Appeals for the 3rd Circuit (which covers Delaware, New Jersey, and Pennsylvania) recently concluded that the right to control, rather than actual control, is the key factor in differentiating employees from independent contractors under a state wage and hour law. by Kevin J.
HR Bartender
FEBRUARY 12, 2017
He said that I need to speak with HR, who said they can’t take the pay increase back because it’s a law in Massachusetts and would look like the company is discriminating against me. Robert, I don’t want to put you on the spot and ask if refusing a pay increase is a state law.
HRWatchdog
SEPTEMBER 14, 2017
By September 18, employers must only use the new Form I-9 with the revision date of 07/7/17 N. Employers were given a grace period before they were required to use the new form, but that grace period expires soon! Employers should familiarize themselves with the changes to the new form.
Insperity
MARCH 19, 2019
It’s not simply a matter of verifying a job candidate’s documentation and completing an application. You must satisfy a number of government requirements before sponsoring a foreign national to be employed in the United States. The type of documentation, the time and the resources involved vary depending on the vacant position and the type of visa sought. Be cautious that the requirements can change as lawmakers update existing immigration-related laws and regulations.
HRWatchdog
JULY 17, 2017
Employers should be aware of another change to the Form I-9. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification. By September 18, 2017 , employers must use only this new version (rev.
Insperity
SEPTEMBER 20, 2018
employers to verify an employee’s identity, work authorization and employment eligibility with the I-9 form. The proper completion and storage of these documents is vital, as I-9s must be filed and produced upon request by Immigration and Customs Enforcement. Too often, employees or employers leave something they consider inconsequential blank. As a best practice, get in the habit of filling out your employer part the same day, if possible, so it isn’t forgotten.
HRWatchdog
MAY 20, 2016
The federal Equal Employment Opportunity Commission (EEOC) recently released a new resource document relating to the rights of employees with disabilities who are seeking leave as a reasonable accommodation under the Americans with Disabilities Act (ADA).
Spoke
DECEMBER 2, 2019
HR West is a 3-day general HR conference, with a special focus on the demanding compliance requirements and employment laws for teams in California (which is one of the most challenging areas to practice HR). Washington State SHRM Employment Law & Human Resource Conference.
Insperity
FEBRUARY 22, 2018
In fact, having a policy against it could get you in hot water with the National Labor Relations Board (NLRB) because such policies generally violate federal labor law. The National Labor Relations Act protects employees’ rights to discuss conditions of employment, such as safety and pay even if you’re a non-union employer. The employer had a handbook policy against discussing wages, but it was found to be unlawful by the NLRB. What employers can’t do.
The Employer Handbook
AUGUST 6, 2019
Last night, I found the employment law equivalent from this recent Sixth Circuit opinion. [ tl;dr: A colossal series of HR-compliance gaffes leads to a whopper of a jury verdict against the employer, which includes an award of punitive damages.].
Immedis
NOVEMBER 1, 2018
For example, in Australia, if an employer is found to have misclassified an employee as an independent contractor, a penalty of 250,000 AUD ( $202,063) is charged to the employer. An employee: Has a direct employment relationship with the employer. Receives benefits from the employer. Has protections under local employment laws. Directed on a day-to-day basis by the employer. Does not have a direct employment relationship.
Insperity
NOVEMBER 8, 2016
Fair pay is a frequent subject of human resources and employment law discussions of late, with commentary coming from such diverse advocates as the Pope, President Obama and Hollywood. However, one of these legally sound reasons must first exist: Documented seniority systems. possibly including education, training certification or experience (You must be able to prove the exact factors that are directly applicable and essential to the job.). Document and communicate.
Workology
SEPTEMBER 6, 2016
When the Society of Human Resource Management launched their SHRM HR certification, they included a list of competencies not just for the HR leader but for all business leaders within your and my organization.
Cisive
JUNE 25, 2019
Over the past two years, federal laws and policies related to citizenship and immigration enforcement have had several changes. HR and legal teams have had to struggle to keep up to date on changes specifically related to I-9 and E-Verify on the federal level, but also applicable changes in state laws. In mid-2017, US Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. The date employment was terminated.
Precheck
JULY 1, 2019
Over the past two years, federal laws and policies related to citizenship and immigration enforcement have had several changes. In mid-2017, US Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification.
HR Daily Advisor
JUNE 19, 2017
Navigating the leave law landscape can be tricky business for employers. Geodis requested more documentation and told her that if she failed to provide the information, it would terminate her for job abandonment. Tabakman is a contributor to New Jersey Employment Law Letter.
PerformanceICreate
MARCH 6, 2017
The phrase “document, document, document” was meant just for us! Most importantly, make friends with an employment law attorney! Editorial Note: Keeping with tradition, we are bring you new talent first, all the time.
Insperity
MARCH 22, 2018
Company documents such as employee handbooks, emergency procedures and announcements. Certifications and renewals earned and needed. Status changes and company employment history. For instance, a manager can see her team’s performance evaluations from multiple years, their salary information, time-off requests and professional certifications. You may have heard about HCM software, but do you know what it can do for your business?
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