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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. GINA essentially bars using genetic information in employment decisions and bars acquiring genetic information improperly. GINA bars employers from discriminating against or harassing employees based on their genetic information. Genetic discrimination examples.

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. The court based its decision on a factual dispute over the physical requirements of the nurse’s job, her employer’s apparent failure to consider potential accommodations for her disability, and a lack of evidence that her return to work posed a risk of harm to herself or others.

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. Because of the restriction, Joseph missed annual climbing re-certification and was then prohibited from climbing because he was not certified. Joseph sued, alleging disability discrimination. This happens when an employer treats a worker as if she is disabled even if she is not.

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.

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?

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! 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

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. The following is a listing of the basic records that an employer must maintain: Name and Social Security number. Such records include payroll records, work certificates, collective bargaining agreements, and individual employment contracts.

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. Is there any way I can have the company take back the increase OR is there a law in MA that states that once raises are given they can’t be taken back? Robert, I don’t want to put you on the spot and ask if refusing a pay increase is a state law.

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. Days later, as part of the employment process, Bride Brook required Nicole to submit to a routine preemployment drug screen.

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. Although the court’s opinion is unpublished, it’s informative about how you can develop evidence and use an employee’s conflicting or self-serving statements about his medical condition to defeat his discrimination claims. Stan” was employed by JCM Partners, Inc.,

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.]. Before this meeting, the plaintiff had never been disciplined and had received several awards and certificates for her performance from 2007 to 2010. An employer needs to “run the table” to prevail.

4 HR and Compliance Changes for 2020

Cisive

A comprehensive legal and HR compliance update is essential for keeping up with ever-changing laws and regulations. An I-9 is the Department of Homeland Security’s (DHS) Employment Eligibility Verification form. Employers should begin using this updated form as of Jan.

The business challenges that make it hard to be an employer

Insperity

Employers have always faced a lot of business challenges. Factors that contribute to the complexity employers face: Increasing business regulations at all levels of government, A patchwork of rules for operating in different states and regions New expectations from employees and customers.

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.

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. The manager also told her that such documentation also would be required in the future unless she provided 30 days’ notice of the need for leave. These are document[ed] examples of ‘quality of care’ suffering due to repeated ‘emergent’ leaves of absence,” the manager wrote. Employer Takeaway.

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. In the context of the ADA, a reasonable accommodation may include things such as job restructuring, a part-time or modified work schedule, reassignment to a vacant position, acquisition or modification of equipment or devices, or adjustments or modifications to examinations such as licensing and certification tests.

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). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. by Martin J. Regimbal. The U.S.

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.

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. 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.