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

Business Management Daily

GINA, or the Genetic Information Nondiscrimination Act, outlaws genetic discrimination. The federal law has been around for a decade, yet many employers still don’t know exactly how to comply. The law also protects employees from employer retaliation.

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.

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

Business Management Daily

Challenging a disabled employee’s capacity for work can backfire badly, especially if it looks as if the decision to challenge was really based on disability discrimination and harassment. Joseph sued, alleging disability discrimination. Discrimination and Harassment Employment Law

The Growing Importance of Detailed Job Descriptions in HR

Cisive

The fast-evolving legal landscape of employment drug testing laws, primarily with state-specific marijuana laws, has brought increasing challenges for employers. In the early years of medical marijuana legalization, most state-specific marijuana laws had no significant impact on or failed even to mention employment drug testing programs. Marijuana – The Language of the Laws are Changing. Cisive Drug Screening Employment Law Hiring HR Industry New

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.

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.

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

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! Businesses, 3 E-Commerce and Internet Law (2019 update). By Benjamin Orsatti, Esq.,

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.

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.

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. Stan” was employed by JCM Partners, Inc., Trevor granted his request and did not ask for any medical documentation.

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.].

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.

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.

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.

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.

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.