Ask the Expert: Should We Insist on Certification?

HR Daily Advisor

We sent her the FMLA paperwork however she never returned the Certification of Healthcare Provider. Must we insist that she have the Certification completed or can we say that her leave will be denied under FMLA? We have an employee who missed 6 days of work due to pneumonia.

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

Business Management Daily

GINA, or the Genetic Information Nondiscrimination Act, outlaws genetic discrimination. GINA bars employers from discriminating against or harassing employees based on their genetic information. It prohibits genetic information employment discrimination.

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.

Ten Human Resources Steps that WILL save you!

OmegaHR Solutions

As I was teaching my HR certification class on Saturday we talked about the issue of how HR is to respond to an employee revealing information about actions that could be damaging to the company, but then asking HR to keep it confidential. Step Three: Document Performance Deficiencies.

Cybersecurity for Small and Mid-Sized Businesses

HR Counselor's Corner

The International Association of Privacy Professionals ( IAPP ), for example, was one of the first organizations to offer both training and certification. Other training resources and certifications are also available, depending on a business’s specific needs. By Benjamin Orsatti, Esq.,

Recordkeeping for the Newly Nonexempt Effective December 1, 2016

HR Daily Advisor

Such records include payroll records, work certificates, collective bargaining agreements, and individual employment contracts. Supplementary records—documents serving as the source documents for other payroll records maintained by an employer—must be preserved for at least 2 years.

Make Your HRIS Work for You!

HRchitect

Licenses & Certification. For example, in an industrial setting there may be a need to track OSHA certifications, trainings on different machines, safety training, and other topics. Additionally, when an employee leaves the organization and HR is searching for a replacement, they can look at the employee’s record to see what type of licenses and certifications may be relevant for the incumbent. Reporting and maintaining organizational certifications.

FLSA Recordkeeping Requirements and the Lilly Ledbetter Fair Pay Act

HR Daily Advisor

Such records include payroll records, work certificates, collective bargaining agreements, and individual employment contracts. Supplementary records—documents serving as the source documents for other payroll records maintained by an employer—must be preserved for at least 2 years.

Connecticut’s Workplace Protections for Medical Marijuana Trump Federal Law

HR Daily Advisor

Employees and job applicants are further protected from employment discrimination based on their legal use of medical marijuana under state law. She also offered to provide additional medical documentation, but Bride Brook didn’t take her up on the offer.

California Employee’s Inability to Return to Work Dooms Disability Case

HR Daily Advisor

Winning summary judgment (a judgment in your favor without a full trial) in a disability discrimination case is rare for employers in California. Trevor granted his request and did not ask for any medical documentation. by Marianne Koepf, Carothers DiSante & Freudenberger LLP.

The EEOC issues a fact sheet on bathroom access

OmegaHR Solutions

the sex listed on an original birth certificate)…. Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, national origin, religion, and sex (including pregnancy, gender identity, and sexual orientation). The EEOC ruled that discrimination based on transgender status is sex discrimination in violation of Title VII. You can view the entire guidance document here.

Smart practices for SMB HR management

PeopleStrategy

As Fundera noted, you need to keep W-4s, comprehensive payroll details, I-9 s and any certifications of disability essential for ADA compliance on file for every employee.

How many things can you find wrong with this picture?

The Employer Handbook

Before this meeting, the plaintiff had never been disciplined and had received several awards and certificates for her performance from 2007 to 2010. The plaintiff told Guy that her manager was discriminating against her because he “did not want females in management.”

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. When doing so, an employee needs to document everything: who they spoke with, when, where, and what was said.

5 Tips to Tackle Compliance in 2017

BirdDogHR

Reduce these with mobile capable Talent Management System that can provide on-the-job access to training and safety documents and videos. Federal contractors need to keep all paperwork and documentation on hand in the case of recruitment outreach, audits, or surveys.

I-9 Compliance: How to Verify Remote Employees

Paycor

In addition to being used to verify employment eligibility, Form I-9 as well as the IRCA are used to attempt to reduce discrimination against employees who are not from the United States but who are legally eligible to work in the country. Acceptable Verification Documents.

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

Insperity

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. Filling out the preparer/translator certification section yourself. In other words, an HR representative or administrator in your company, who might be in charge of storing documents , shouldn’t touch this section. Requiring certain types of documentation. You must inspect all expiration dates on the documents.

The Growing Importance of Detailed Job Descriptions in HR

Cisive

The revisions to the law prohibit employers from discriminating against an employee or applicant solely on the basis that the person’s status as a “medical marijuana licensee.” As an example, an essential job function of a forklift operator is to safely and adequately operate forklift equipment, which requires specialized skills, training, and certifications. Be sure to document comprehensive job descriptions for each role within your company.

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.

The Growing Importance of Detailed Job Descriptions

Cisive

The revisions to the law prohibit employers from discriminating against an employee or applicant solely on the basis that the person’s status as a “medical marijuana licensee.” As an example, an essential job function of a forklift operator is to safely and adequately operate forklift equipment, which requires specialized skills, training, and certifications. Be sure to document comprehensive job descriptions for each role within your company.

Employers Paid Out $174M to Resolve Background Check Lawsuits

Cisive

The class certification battle is therefore the decisive point of the litigation in many cases. Before making an adverse decision based on data in the report, the employer must give the applicant a copy and allow time for the person to challenge any inaccuracies in the document. The FCRA cases are the fourth compilation of employment-related class actions to be added to Violation Tracker, following ones covering wage theft , workplace discrimination and retirement-plan abuses.

Employers Must Accommodate, even if an Employee Never Asks

HR Daily Advisor

A few weeks later, however, she was unable to renew her CPR certification. Trinity could have reassigned her to another position until she could obtain CPR certification, she argued.

What Personal Information Do I Need to Collect from New Hires?

Zenefits

From the documents you need, to what information you should avoid asking your employees, we’ll detail all the onboarding personal information necessary. What documents are required for employment? When it comes to working in the United States, there are several documents that new hires can present to sign their new hire paperwork. The list of documents that can be used for the I-9 form include: A United States passport. Birth or birth abroad certificate.

5 Reasons Why HR Compliance is More Complicated Than Ever

Cisive

The Cisive platform ensures state-specific Ban the Box documents are presented to the correct person when necessary to comply with legislation, improving your time to fill and streamlining your workflow. If the applicant or employee files a charge of discrimination, you must maintain the records until the case is concluded. The new laws are aimed at ending the cycle of pay discrimination and some go further than simply banning pay history questions.

‘Trans’ Woman—When Does ‘He’ Become ‘She’?

HR Daily Advisor

In yesterday’s Advisor , BLR ® Legal Editor Jasmin Rojas, JD, used “Keeping Up with the Kardashians” star “Caitlyn” (formerly Bruce) Jenner’s recent reintroduction of herself as a transwoman as a jumping-off point for a discussion of transgender discrimination.

New Employee Onboarding: Your Checklist

Namely

You’ll need employees to take time out of what is already a busy first day to sign documents proving who they are and how they’d like to be paid. To help you out, we’ve compiled the documents you’ll need new hires to sign, accurate as of April 2017. If you’ve ever started a new job and were asked to bring documents to confirm your identity, like a passport or social security card, you’ve filled out an I-9. Permissible documents include a U.S. “Welcome!

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

Cisive

Asking only people of a certain race about their financial histories or criminal records is evidence of discrimination. If the applicant or employee files a charge of discrimination, you must maintain the records until the case is concluded. That can include burning, pulverizing, or shredding paper documents and disposing of electronic information so that it can’t be read or reconstructed.

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

Cisive

The revisions to the form related to USCIS’s List of Acceptable Documents and specifically updated List C to reflect the most current version of the certification or report of birth issued by the U.S. But if employers take adverse action against an employee based solely on no-match letters, they may be sued for discriminating against the worker based on citizenship. You may also retain the instructions and Lists of Acceptable Documents pages.

Critical Updates for I-9 and E-Verification Compliance

Precheck

The revisions to the form related to USCIS's List of Acceptable Documents and specifically updated List C to reflect the most current version of the certification or report of birth issued by the U.S. You may also retain the instructions and Lists of Acceptable Documents pages.

10 Things Businesses Might Not Know About California’s Paid Sick Leave Law

HRWatchdog

Employers can’t retaliate or discriminate against employees who use or try to use PSL. Unless certification is required pursuant to another leave law, no provision in the PSL law specifically allows an employer to require medical certification for paid sick time.

Who Let the Dogs in? Possibly HR: Service Animal Requests in the Workplace

HR Daily Advisor

Third, employers can seek appropriate medical documentation, while, of course, keeping medical information confidential. Consider seeking certification on the animal’s training and qualifications – but while certification is relevant, it is not a litmus test.

A Full Guide to the HR Generalist

Digital HR Tech

Discrimination/harassment investigations. HR Generalists handle sexual harassment, gender discrimination, age discrimination, race discrimination, and national origin discrimination claims. The HR generalist is probably the most varied HR professional out there.

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.

PTO, the DOL, and NPRM: Proposed Paid Sick Leave Rules Explained

HR Daily Advisor

Is protected by the prohibitions against interference, discrimination, recordkeeping violations, and waiver of rights described in the proposed regulations, at least with respect to any PTO used for the required purposes.

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

HR Daily Advisor

Melissa’s personal neurologist, Dr. Gladney, gave her a fitness-for-duty (FFD) certification on June 12. However, Loomis determined that the certification was based on false information Melissa had provided to Gladney. by Martin J. Regimbal. The U.S.

Cultivating a Culture of Succession Potential: How Paul Rumsey helped shape strategy at Parkland Health and Hospital System

MapHR

They will also safeguard against unconscious bias or potential discrimination. Then the formal succession meeting is just the documentation of conversations that have occurred previously. Unexpected turnover in leadership puts any organization at risk.

What Past Names Do You Have Share on a Job Application

Evil HR Lady

online blog, religious name) that wouldn’t appear on any documents relevant to a background check? If there are discrimination concerns with providing a former name (e.g. They will ask for documentation. online blog, religious name) that wouldn’t appear on any documents relevant to a background check? If there are discrimination concerns with providing a former name (e.g.