Georgia Employment Laws Every Business Owner Should Know

Homebase

It’s important to stay up to date on all of the employment laws in your state so that you can maintain compliance in your business. However, remember that our summary is not qualified legal advice, laws are always subject to change, and they can vary from municipality to municipality.

Can Employees Refuse a Pay Increase – Ask #HR Bartender

HR Bartender

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.

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Coordinating FMLA with Discrimination Laws

HR Daily Advisor

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves.

Alert: Get Ready to Switch to Another—Yes, Another—Revised I-9

HR Daily Advisor

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.

Pot in the workplace: New ruling will spark drug policy changes

HR Morning

Another court has handed down a ruling on a company’s drug policy, and courts now seem to be sending a very clear message to employers: Don’t automatically terminate marijuana users with legal prescriptions just because they failed a drug test.

One-hundred percent healed policies: Court ruling highlights new danger for HR

HR Morning

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

How Resume & Employment Verification Protects Employers

Cisive

Resume fraud is a global problem that affects employers, the gig economy, and volunteer agencies whether they are screening in the U.S., Among the minority of employers who do check college credentials, most only check a student’s attendance or graduation dates.

Facebook photos showed FMLA abuse, so why won’t court dismiss case?

HR Morning

Initially, a court ruled in favor of the employer and dismissed the case. The formal letter said “As you [Jones] have declined to provide any additional information, the decision has been made to terminate your employment effective immediately based on the information available.”

Case for Consistency: Treatment of Manager Prevents Dismissal of Age Bias Claim

HR Daily Advisor

A New Jersey federal court recently declined to dismiss an age discrimination lawsuit because an employer’s failure to discipline employees in a consistent manner could be construed as evidence of discrimination. Employment Law 401(k) discrimination GNC managers

Attention North Carolina Employers: Worker Misclassification Law Takes Effect December 31

HR Daily Advisor

The North Carolina Employee Fair Classification Act (EFCA), which will take effect on December 31, provides a mechanism that allows workers to more easily report—and state agencies to more easily prosecute—employers that misclassify workers as independent contractors instead of employees.

Is Failure to Reveal Sealed Conviction Grounds for Termination?

HR Daily Advisor

Conduct that warranted termination for a first offense included (1) “giving false information or withholding pertinent information called for in making application for employment,” (2) dishonesty, and (3) failing to maintain registration required for a position with the board.

Arbitration: Exotic Dance Club Makes One Sidestep Too Many

HR Daily Advisor

It’s important for employers to know how to enforce a valid arbitration agreement and how to avoid losing your ability to enforce such an agreement. Schwalbach of Carothers DiSante & Freudenberger LLP in Los Angeles, is a contributor to the California Employment Law Letter.

Dispute Over Job Requirements Defeats Summary Judgment on Disability Discrimination Claim

HR Daily Advisor

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. Howard Fetner is a contributor to the New Jersey Employment Law Letter.

Retirement: The Unique Status of California’s Largest Employer

HR Daily Advisor

Alanis” and “Connor,” who were both employed as peace officers by the University of California (UC), were injured on the job before they reached the age of retirement under the University of California Retirement Plan (UCRP). California HR Employment Law benefits disability retirement UCRP

On John Cusack, Pink Floyd, Title IX, and medical residencies.

The Employer Handbook

The Third Circuit, describing the matter before it as a case of first impression, viewed it as one that “touches on the Executive’s very power to address gender discrimination in residency programs under existing federal law.” Sex Third Circuit Employment Law 101

FMLA: Is Postoperative Care Considered a Serious Health Condition?

HR Daily Advisor

As employers are well aware, the Family and Medical Leave Act (FMLA) allows eligible employees to take leave for qualifying serious health conditions. Nia went forward with surgery and missed work, resulting in the termination of her employment because of an alleged unauthorized absence.

Ask the Expert: Can We Require Return to Work Waiver for Employee on FMLA with Brain Tumor?

HR Daily Advisor

Employers with light duty programs may offer alternate, available light duty positions to employees who wish to return to work. Virtually all employers in your state—Kansas—must provide workers’ compensation insurance coverage for their employees. Second, is medical certification.

EEOC charge trends contain good news & bad

Business Management Daily

Good news and some bad news for employers lurks within the EEOC charge statistics for Fiscal Year 2019. But that downward blip comes against the backdrop of a huge 13% increase in sexual harassment complaints since 2017, when the #MeToo movement caught fire. What employers can do.

Misclassification Alone Is Insufficient for Class Treatment

HR Daily Advisor

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.

What HR needs to know about parental bereavement leave

cipHR

At the moment, there is no legal obligation for employers to provide paid time off for grieving parents, despite the prevalence of childhood deaths: around 7,600 babies, children and young people under the age of 18 died in 2017.

Employee or Independent Contractor? Right to Control Is Key

HR Daily Advisor

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.

FTC Offers Advice on Background Checks

HRExecutive

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.”.

Meal and Rest Period Class Should Have Remained Certified

HR Daily Advisor

On November 21, 2016, the California Court of Appeal for the 2nd Appellate District determined that it was improper for a trial court to grant an employer’s motion for decertification of class claims that it failed to provide employees proper meal and rest periods and related wage statements. Wackenhut Corporation is a global security solutions company that employs thousands of private security officers, including some in California. by Elizabeth J.

New Form I-9 Released, Again

HRWatchdog

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.

Deadline Near: Don’t Forget to Use New Form I-9

HRWatchdog

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.

Disputed Absences Prevent FMLA Victory for Kentucky Employer

HR Daily Advisor

A federal court in Kentucky recently ruled that a Kentucky employer must go to trial in a Family and Medical Leave Act (FMLA) case in part because there were disputes over whether an employee was absent and whether he had been given FMLA paperwork at the time of the absences.

ACAS Early Conciliation – The minefield of calculating time limits

cipHR

In the first of a series of guest blogs from CIPHR’s employment law partner, esphr , we focus on Acas early conciliation (EC) and a recent case that highlights the minefield of calculating time limits in the face of the EC regime. On 25 April 2016, Acas issued a second EC certificate.

ACAS Early Conciliation – The minefield of calculating time limits

cipHR

In the first of a series of guest blogs from CIPHR’s employment law partner, esphr , we focus on Acas early conciliation (EC) and a recent case that highlights the minefield of calculating time limits in the face of the EC regime. On 25 April 2016, Acas issued a second EC certificate.

Blunders, Puffery and Lies: Employers Report Cringe-Worthy Resumes

HRWatchdog

An applicant who stated that he tried and failed a certification exam three times, but was planning to try again. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content. HR managers frequently discover lies on resumes.

Data Security for HR and Workplace Leaders

Cisive

The Rising Cost of Data Breaches for Employers and HR. Malicious outsiders caused the largest percentage of data breaches (56 percent), a slight decrease of almost seven percent over the second half of 2017 and accounted for over 80 percent of all stolen, compromised or lost records. The number of records and incidents involved in malicious insider attacks fell by 50 percent this half compared to the same time period in 2017.

Data 40

Are Florida Interns Owed Overtime and Minimum Wage?

HR Daily Advisor

The appeals court followed an analysis known as the “primary beneficiary” test, in which the court tries to identify the primary beneficiary of the internship for academic credit and professional certification purposes. On April 3, 2017, the Ft. A federal court in Ft.

Feeling Overwhelmed In #HR?

PerformanceICreate

Most importantly, make friends with an employment law attorney! Janelle has a Bachelor’s Degree in Human Resources Management from the University of Central Florida, College of Business and holds the PHR & SHRM-CP certifications.

How Much FMLA Leave Is Too Much?

HR Daily Advisor

Bar none, the Family and Medical Leave Act (FMLA) is the hardest employment law to administer for employers and the easiest to abuse by employees. That double whammy often results in frustrated employers making rash decisions, which, of course, lead to lawsuits. 2017).

10 Tips for Hiring Minors This Summer

HR Daily Advisor

It’s that time again, when employers are considering hiring minors for the summer—in camps, restaurants, resorts, swimming pools, and anywhere else business picks up in the warm weather months. There are strict laws pertaining to hiring minors. Child Labor Laws Are Strict and Detailed.

The Top HR Conferences in 2017-2018 You Can’t Afford to Miss

Compensation Today

We’ve put together a list of all the best HR conferences for 2017 and 2018 that will reward you with the most bang for your buck. HR West 2017. This event attracts hundreds of HR and Employment and Labor professionals from a wide range of sectors. CUPA-HR Annual Conference 2017.