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Can Employees Refuse a Pay Increase – Ask #HR Bartender

HR Bartender

Well, this reader note shows me that’s not always the case. 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. There are other resources as well.

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.

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Coordinating FMLA with State and Federal 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.

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

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.

ERISA Class Actions Settlements Cost Employers Nearly $1 Billion in 2017

HR Daily Advisor

Class action settlements and court decisions related to 401(k) retirement plans in 2017 significantly affected the direction of ERISA litigation, according to the newest edition of an annual law firm report on workplace class action lawsuits. Benefits 2017 401(k) 403(b) employment

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

HR Morning

During that month, Jones took two trips to Busch Gardens, as well as the trip to St. Initially, a court ruled in favor of the employer and dismissed the case. As The Employer Handbook’s Eric B.

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. 15-3231, 2017 WL 2818134 (2nd Cir., June 30, 2017).

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. An employee may return part time as well. Employees receive compensation without having to prove that the employer was at fault for the injury.

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.

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

HRWatchdog

“If crafted well, your resume is one of the most valuable marketing tools you have,” said Rosemary Haefner, chief human resources officer at CareerBuilder, in a press release. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content.

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).

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.

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.

Looking Ahead: Future-Proofing HR

TalentCulture

HR is involved in employee recruitment and hiring, training and professional development, performance reviews and assessments, workplace wellness, and employee engagement, as well as in the defining and disseminating of the corporate culture.

Does the ADA Protect a Nondisabled Employee Who Requests an Accommodation?

HR Daily Advisor

The Americans with Disabilities Act (ADA) forbids discrimination in employment based on disability and requires employers to provide reasonable accommodations to their employees’ disabilities. He eventually received the certification but never gave it to Jeanne.

Want a Return-to-Work Release? Consistent Policies Are Key

HR Daily Advisor

Employers are permitted to require an employee returning from medical leave to submit a fitness-for-duty certification but only under certain circumstances, as a recent case illustrates. Moreover, the employer must have a uniformly applied policy requiring such certifications.

Ivanka Trump, Senators Advance Ideas on Paid Family Leave

HR Daily Advisor

As the idea to make paid family leave mandatory continues to gain attention, employers may be wondering what various paid leave proposals might mean for their businesses. Of the proposals currently on the drawing board, Cave says the Strong Families Act seems the most employer-friendly.

Are Unpaid Disciplinary Suspensions FMLA Interference and Retaliation?

HR Daily Advisor

Specifically, the employee claimed that unpaid disciplinary suspensions imposed by his employer constituted interference and retaliation under the FMLA as well as disability discrimination under the ADA. He suffered an adverse employment action. 2017).

5 Ways to Handle Compensation Like a Top-Performing Company

HR Daily Advisor

Top employers have strategies in place and keep up with market data, among other things, experts said during a recent Payscale webinar, How to Do Comp Like Top-Performing Companies. Certifications? Other workplace culture factors can drive compensation practices as well.

Is Needle-Phobic Pharmacist Eligible for a Reasonable Accommodation?

HR Daily Advisor

The company revised its written job description for pharmacists to require them to hold a valid immunization certificate and to include immunizations among their essential duties and responsibilities. Tobias sued Rite Aid under the ADA and a similar New York state law.

Feeling Overwhelmed In #HR?

PerformanceICreate

Most importantly, make friends with an employment law attorney! Back then that was called “happy hour” or taking a well-deserved vacation. Editorial Note: Keeping with tradition, we are bring you new talent first, all the time.

ADA and FMLA Best Practices Pay Off for Cash-Handling Company

HR Daily Advisor

5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). 18, 2017).

States Expand Pregnancy Accommodation Requirements: Nevada and Washington

HR Daily Advisor

This year at least five states (Connecticut, Massachusetts, Nevada, Vermont, and Washington,) have considered new pregnancy accommodation laws, and several of these are now on the books. Federal Law Overview and Why These State Laws Matter. Well, maybe ….

5th Circuit Assures Employer That Some Good Deeds Do Go Unpunished

HR Daily Advisor

” The DOJ also gave her a certification form to fill out and submit “before the end of each pay period.” She returned to the office and remained employed with the DOJ until her voluntary resignation on December 31, 2014. Louisiana, 2017 WL 2704015 (5th Cir.,

Employer’s Past Practices Can Actually Expand Liability for Failure to Accommodate

HR Daily Advisor

The case also illustrates how an employer’s past practices can affect the scope of its duties to disabled employees under the California Fair Employment and Housing Act (FEHA). ADA & Disabilities California HR employees employer Los Angeles police officersby Matthew A.

Job Descriptions: Blueprint for Success

Hospital Recruiting

But a well-crafted job description actually makes a wealth of managerial and HR tasks faster and easier to execute. A good job description can guide a company through every step of the employment process, and for staff, it is a tangible listing of what is expected of them in order to succeed.

Rise of the Chief People Officer

Nextwave Hire

Steven Rotman : I think the transition from marketing to CPO would be a stretch – mostly b/c you still have to understand all of the HR “stuff” – comp, benefits, employment law – those are the basics. Katie : Did you find that an HR certification was helpful? Steven Rotman : And employees are savvy – it isn’t about free pizza and beer – it is about challenging environments and transparency being treated well.

CHRO 48

Ontario’s Bill 47 puts the minimum wage increase on hold until 2020

Tsheets

A quick review of what the new bill brings to the Employment Standards Act and how the old is new again. Ontario’s labour laws have undergone tectonic changes in the past year. Also known as the Fair Workplaces, Better Jobs Act , it was passed on November 22, 2017.

Critical Updates for I-9 and E-Verification Compliance

Precheck

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. 17, 2017.

What’s New and Critical for in I-9 and E-Verification Compliance

Cisive

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. 17, 2017.

HR Tech Weekly: Episode #246: Stacey Harris and John Sumser

HR Examiner

California’s new employment law is starting to crush freelancers Link » and Here is What’s Missing from the Debate Link ». I’m doing well John. Well, so I’m not sure I agree with you. What if you weren’t paying attention to this law?

Trump’s New Tax Law Contains Important Implications for Employers

HR Daily Advisor

On December 22, 2017, President Donald Trump signed the highly touted Tax Cuts and Jobs Act (TCJA) into law. However, the new law also limits the tax deductions businesses can claim for certain employee benefits and may change the way employers settle legal claims in the future.

Want to Fill More Open Jobs? Workers with Criminal Records Say ‘Ban the Box’

Zenefits

She earned her certificate of completion, updated her resume and started applying to dentist’s offices around town. Well,” Johnson said. The idea was that it would pique employers’ curiosity, and it would give people like Johnson a chance to talk about their backgrounds in person.