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New North Carolina Law Aims to Help Employers Relying On Certificates of Relief

HR Daily Advisor

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.

Connecticut Court Affirms Employer’s Request for Enhanced FMLA Certification

HR Daily Advisor

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.

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Is Your Cafeteria Plan Document Full of Plot Holes?

HR Daily Advisor

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.

9 FMLA record keeping requirements employers need to know

HR Morning

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.

Immigration laws profoundly affect the workplace

Business Management Daily

Immigration laws complicate managing employees in the workplace. citizen or non-citizen national, a lawful permanent resident or an alien authorized to work. Employers play a vital role in ensuring only workers with the legal right to work do so. Required I-9 documents.

5 Reasons Why HR Compliance is More Complicated Than Ever

Cisive

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.

Resist assuming that employee’s disability might cause a safety hazard

Business Management Daily

Recent case: Joseph went to work at the U.S. Because of the restriction, Joseph missed annual climbing re-certification and was then prohibited from climbing because he was not certified. This happens when an employer treats a worker as if she is disabled even if she is not.

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. The new form will be available from the USCIS website at [link]. On July 17, U.S.

5 Commonly Asked Questions About Background Screening for HR and Recruiting Leaders

Cisive

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?

Q&A: Employment Authorization for Remote Workers

HR Daily Advisor

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).

Connecticut’s Workplace Protections for Medical Marijuana Trump Federal Law

HR Daily Advisor

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.

Recordkeeping: What you must keep – and for how long

HR Morning

The trouble with recordkeeping at a lot of companies: You don’t know how complete your records are until you get involved in litigation or an audit. To be on the safe side, many employment law attorneys recommend you keep everything for at least five to seven years after an employee has left.

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. Furthermore, Arianna contended that neither document reflected what she actually did in her position.

Warning: Managers & HR pros can be personally liable for FMLA violations

HR Morning

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.

Cybersecurity for Small and Mid-Sized Businesses

HR Counselor's Corner

March/April 2018, at 30). 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).

Recordkeeping for the Newly Nonexempt Effective December 1, 2016

HR Daily Advisor

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.

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.”.

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.

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.

Sponsoring a foreign national: Everything you need to know

Insperity

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.

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.

What’s an I-9 form – and what mistakes should you avoid?

Insperity

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. An I-9 audit can take place at random, and failure to comply can result in hefty penalties. Too often, employees or employers leave something they consider inconsequential blank.

13 HR Conferences to check out in Q1 2020

Spoke

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.

What you can and can’t do when employees discuss wages

Insperity

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.

How many things can you find wrong with this picture?

The Employer Handbook

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.].

Is your company’s pay equitable? 5 must-read tips

Insperity

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.

7 Human Resources Competencies For the Modern HR Professional

Workology

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.

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.

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. The date employment was terminated.

Feeling Overwhelmed In #HR?

PerformanceICreate

Her complete bio is at the end of this wonder article. Over time, I made mistakes, learned a great deal in the process and was exposed to more scenarios in my first year than I thought possible…because at the end of the day I was a COMMITTED HR professional!

Simplifying New Hire Paperwork: Your Guide to the World of New Employee Paperwork

Prism HR

For any employer, the to-do list surrounding new hire paperwork can be a long and tedious one. New employee paperwork needs to be done efficiently and correctly, and usually includes: A Job Application A Signed Job Offer Letter A Background Check Authorization An Employee Identification Form An Employment Contract (and other legally binding documents your business may require, like a Non-Disclosure Agreement) An Employee Handbook Acknowledgement Form A Direct Deposit Form Required U.S.

Watch What You Say: HR Manager’s Comments Send Leave Case to Trial

HR Daily Advisor

When she returned to work after an unforeseen leave, a new HR manager who had just taken over sent her an e-mail requesting updated medical certification plus travel receipts. Five days later, the employer fired her for performance problems, including those listed in the HR manager’s e-mail.

Top 5 HCM software tips to benefit your business

Insperity

Company documents such as employee handbooks, emergency procedures and announcements. Certifications and renewals earned and needed. Status changes and company employment history. What does having all this valuable information right at your fingertips mean for your business? For instance, a manager can see her team’s performance evaluations from multiple years, their salary information, time-off requests and professional certifications.

Recent 7th Circuit Case Highlights Best Practices for Accommodating Disabilities

HR Daily Advisor

Reasonable accommodations under the Americans with Disabilities Act (ADA) can be a difficult area for employers to navigate. Here, the court will defer to the employer’s judgment on what the essential functions of the job entail.

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). by Martin J. Regimbal.