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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. Non-Compliance in HR is Complicated and Expensive.

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 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? Legal compliance has become more challenging than ever before. Companies must consider both Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC) guidelines for collecting, using, and disposing of background check information.

What is GINA? The federal discrimination law you need to know.

Business Management Daily

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?

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.

Cybersecurity for Small and Mid-Sized Businesses

HR Counselor's Corner

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! 14], Compliance Checklist for U.S. Businesses, 3 E-Commerce and Internet Law (2019 update).

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.

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.

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’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. 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.

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.

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.

Inattentive New Jersey Employer Leaves Itself Open to FMLA Claims

HR Daily Advisor

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.

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.

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.].

The Types of Employment: A Quick Reference Guide

Zenefits

In a labor market that’s become more complex, employers could have as many as six or seven classifications of workers onboard at any given time. But they also must understand the differences between workers and be able to correctly classify their types of employment to avoid violating the law. . Therefore, employers also must understand their obligations under their states’ labor laws. . Employers basically hire contingent workers as needed.

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.

Breaking the US Mindset: Employee vs. Contractor

Immedis

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.

What Employers Need to Know About the New ABC Contractor Law

Zenefits

Recently, California has established a new law, which narrows its definition of an independent contractor, helping to cut a clearer line between that and a full-time employee. Here’s what you need to know about California’s new “ABC” contractor law. Employment laws. Covered by a number of federal and state employment and labor laws. Mostly not covered by employment or labor laws. Tax Documents.

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.

Top 5 HCM software tips to benefit your business

Insperity

Company documents such as employee handbooks, emergency procedures and announcements. ACA (Affordable Care Act) compliance measurements for eligibility and stability periods. 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.

Good (Nontaxable) Things Come in Small Packages: The De Minimis Fringe Benefit Rule

HR Daily Advisor

In a nutshell, it means “too small to worry about” (yes, even the law recognizes that some things—granted, very few—just aren’t worth quibbling over). Technically, this exclusion is not even limited to individuals who currently or previously performed services for the employer.