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.

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.

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.

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?

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. Employers will need to use the new version of the form beginning on September 18. 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

That’s why it’s essential to know — before you find yourself in some kind of legal dispute — what documents you need to hold onto and what you can trash without putting your company at risk. Copies of employer notices to employee(s). investigation notes and documents.

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

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.

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.,

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.

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.”.

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.

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.

Employee or Independent Contractor? Right to Control Is Key

HR Daily Advisor

Court of Appeals for the 3rd Circuit (which covers Delaware, New Jersey, and Pennsylvania) recently concluded that the right to control, rather than actual control, is the key factor in differentiating employees from independent contractors under a state wage and hour law. by Kevin J.

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.

Deadline Near: Don’t Forget to Use New Form I-9

HRWatchdog

By September 18, employers must only use the new Form I-9 with the revision date of 07/7/17 N. Employers were given a grace period before they were required to use the new form, but that grace period expires soon! Employers should familiarize themselves with the changes to the new form.

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. 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.

New Guidance on Employer Provided Leave and the ADA

HRWatchdog

The federal Equal Employment Opportunity Commission (EEOC) recently released a new resource document relating to the rights of employees with disabilities who are seeking leave as a reasonable accommodation under the Americans with Disabilities Act (ADA).

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.].

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.

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.

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. In mid-2017, US Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification.

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.

Feeling Overwhelmed In #HR?

PerformanceICreate

The phrase “document, document, document” was meant just for us! Most importantly, make friends with an employment law attorney! Editorial Note: Keeping with tradition, we are bring you new talent first, all the time.

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. For instance, a manager can see her team’s performance evaluations from multiple years, their salary information, time-off requests and professional certifications. You may have heard about HCM software, but do you know what it can do for your business?