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11/8/2011
The hard part is over. You picked a venue, coordinated the décor, food and activities (under budget!), and organized a celebration that respects your employees’ varying religious beliefs. The company holiday party is just a few weeks away, and everyone is eagerly awaiting the big event.
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11/8/2011
Sitting down to a delicious Thanksgiving dinner wouldn’t be complete without giving thanks for all the good fortune and happiness of the past year. High on the list are the friends and family who bring us joy and enrich our lives.
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7/6/2011
To ensure you're never caught off guard in a crisis, you need an emergency preparedness and response plan.
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6/13/2011
Since June is National Safety Month, it’s the perfect time to honor OSHA’s 40-year anniversary and recognize the agency’s tremendous influence on worker safety through the decades.
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6/12/2011
Age discrimination remains deeply embedded and widespread in society and the workplace, even though there’s been a federal law against it since 1967
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4/11/2011
Discrimination, harassment and workplace bullying are all illegal -- and yet employees are still suffering its sting and employers are paying the costs in fines, employee morale, turnover and damaged business reputations
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12/19/2010
Time off to care for a child is available for same-sex couples, under a June 2010 FMLA ruling
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7/19/2010
Some of the rules governing Employee Withholding Form W-4 have been revised. Do you know the latest changes, and how they might affect your business?
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1/8/2010
Recent court decisions say employees have a right to privacy even on work-issued phones, computers
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12/3/2009
As an employer or insurer, you may have information about an employee's private genetic medical data or history. Listen and learn about using genetic information in hiring, promotion, firing or offering insurance
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12/3/2009
What do you know about the new HIPPA Breach Nofication Rules? Listen to our podcast interview with labor law attorney Ashley Kaplan and find out what the new rules mean for your business.
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5/7/2009
Learn about the safety risks and the safety preparations you need to make before employees work in the summer heat
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5/7/2009
When your staff levels have been cut to the bare bones, can you say no to FMLA requests?
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5/7/2009
The swine flu is the top story on most news sites, as new cases are being confirmed around the world. High-density locations such as offices, schools, airplanes and nursing homes are considered higher risk areas for spreading the flu. As an employer, what are your rights and responsibilities when it comes to protecting your workforce from contagious diseases?
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3/26/2009
Earlier this month, the NCCI released preliminary survey data that strongly suggests there is a direct correlation between obesity and workers’ compensation claims.
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3/20/2009
When you choose to research job candidates using social networking sites, practice extreme caution with the information you find. Regularly review the laws on discrimination to keep your organization out of a legal mess.
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3/11/2009
While personal protective equipment (PPE) can prevent chemicals from coming in contact with your body, material safety data sheets (MSDS) are your first line of defense when it comes to protecting employees who work with hazardous chemicals.
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2/13/2009
As changes in labor law occur, it is important that organizations ensure employees understand the changes and what impact the change may have on their job. When employers fail to inform themselves and employees on the latest legislative changes they put everyone at risk.
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2/13/2009
Businesses now have more time to ensure their organization is in compliance with the new Form I-9 and that their employees are trained on the new changes to the Employment Eligibility Verification process.
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2/2/2009
A new I-9 Form was scheduled to take effect February 2, 2009, but in a surprise move, the Department of Homeland Security retracted the mandatory changes late on Friday, pending further comment and review. Businesses that had discarded the previous I-9s must now resume using them until April 3, 2009.
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1/28/2009
This year more companies are responding to the recession by tightening budgets and eliminating costly training programs. While making cutbacks in employee safety training in could save money, it could also spell serious trouble.
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12/18/2008
The new Amendments become effective on January 1, 2009, and make significant changes to the original ADA. Employers must be aware and prepared for the ADA changes that will effect their business in the coming year.
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12/15/2008
President Bush signed the Americans with Disabilities Amendments act on September 25, 2008, making the first changes to the law since it was established in 1990. The Amendments, that go into effect on January 1, 2009, make significant changes to the law and every employer must be prepared to stay in compliance.
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9/5/2008
Do you know how long you need to keep employee and applicant records to avoid legal penalties? This chart of personnel record retention will help you stay within the law
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9/2/2008
Consider your recordkeeping practices, too. When not handled properly, personnel records can leave employees vulnerable to identity theft.
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8/25/2008
The Americans with Disabilities Act prohibits any such questions or medical exams at the interviewing stage. “The ADA,” says attorney Richard D. Tuschman, “protects employees’ privacy concerns and [is] very specific in [its] requirements. Failure to compl
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8/22/2008
This article will help you understand just what an independent contractor is—and how to avoid the tax penalties that can come as a result of misclassifying those who perform work for you.
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8/22/2008
On January 28, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008. The new law expands leave protections under the Family and Medical Leave Act (FMLA) for the family members of U.S. soldiers.
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8/22/2008
“Wrongful discharge.” It’s a phrase that sends shivers down the spines of experienced HR people. And with good reason. It’s a serious charge that sometimes results in serious consequences for employers.
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8/21/2008
Discrimination cases often arise when a company refuses to accommodate a person’s religious beliefs.The law Hendrickson mentioned, Title VII of the Civil Rights Act of 1964, is the law that bans workplace discrimination
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8/20/2008
Welcome to what’s called the “Bermuda Triangle” of employment law. Far from rare, cases like these occur so frequently that many lawyers specialize in this convergence of the FMLA, ADA, and Workers’ Comp.
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8/20/2008
On Friday, February 22, 2007, Attorney General Michael B. Mukasey approved higher civil fines against employers who violate federal immigration laws. Also approved by Secretary of Homeland Security Michael Chertoff, the new rule will increase fines by as
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8/20/2008
The ADA (Americans with Disabilities Act) concerns itself with unfair discrimination only, but does not require you to hire, or keep on the payroll, people unable to perform the job
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8/20/2008
When exempt employees call in sick, can the employer make salary deductions for those who have not qualified for leave or have exhausted their leave allowances? Yes, assuming the employer has a bona fide sick/vacation leave plan as described by the Fair L
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8/20/2008
There's a question-and-answer document on how the Americans with Disabilities Act (ADA) applies to employment rights of persons with cancer
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8/20/2008
Although pregnancy rates are declining, the number of women filing pregnancy discrimination complaints has risen dramatically, making pregnancy-related claims one of the fastest-growing employment discrimination charges, outpacing sexual harassment and se
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8/20/2008
HR people working for employers covered by the Fair Labor Standards Act are usually aware that higher-level employees rate an exemption from the law’s overtime regulations.
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8/20/2008
Under federal law, employers are required to post specific labor law information. Exact requirements vary by state and by industry, but common requirements include federally mandated posters containing information on equal employment opportunity, Fair Lab
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8/20/2008
Here are a few pointers that can help you avoid the anxiety and the potential legal trouble that surrounds employee termination
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8/20/2008
The Department of Homeland Security (DHS) has recently announced that a new Form I-9 will be released in the near future. This revision of the form includes changes that better reflect current employment eligibility verification requirements.
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8/20/2008
The tangle of government regulations concerning employee leave policies is continually growing. Managers need to understand the complexities of regulations concerning family leave, medical leave, military leave, jury duty, voting and other forms of time o
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8/20/2008
On July 24th, 2007, the first phase of the Fair Minimum Wage Act of 2007 will go into effect, raising the federal minimum wage from $5.15 to $5.85 an hour
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8/20/2008
If you haven’t heard, the Health Insurance Portability and Accountability Act (HIPAA) is on the move again. Are you making it your business to stay informed? You should be.
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8/20/2008
Employers covered by the FLSA (that’s most of you) must have the following on file for each employee
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8/20/2008
Unless they’ve been hiding in a cave for the past year or so, HR people know that they need to comply with HIPAA Privacy Rules. Small-company employers all over the country have been asking three simple questions
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8/20/2008
As it currently stands, the Family and Medical Leave Act (FMLA) requires covered employers – private employers with 50 or more employees - to provide those employees with up to 12 weeks of unpaid leave in a 12-month period
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8/20/2008
Several states have enacted laws which supplement or expand on the provisions of FMLA, granting additional leave, usually unpaid, for other personal or family purposes
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8/20/2008
Are you in full compliance with the Fair Labor Standards Act (FLSA)? That’s the federal law that governs federal minimum wage provisions, equal pay and overtime requirements, establishes requirements for recordkeeping and calculation of wages
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8/20/2008
Don't wait for an inspection to make sure your OSHA recordkeeping is in full compliance. Because, if you can’t come up with the records in time, you may pay dearly for your disorganization.
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8/20/2008
Federally mandated posters are designed to inform employees of their rights under various employment laws. Employers must post such notices in a conspicuous place — in each separate work establishment — where employees can read them easily.
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8/20/2008
Under federal law, you as an employer have certain obligations to members of the armed forces. Read on and discover many of your obligations to service members under the Uniformed Services Employment and Reemployment Rights Act.
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8/20/2008
Regardless of the outcome of the initial medical certification, employers are also entitled to require periodic recertification of the employee’s health condition to substantiate that he or she continues to need/ qualify for FMLA leave
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8/20/2008
The ADA prohibits discrimination based on disability, and that includes making sure facilities are readily accessible to and usable by disabled individuals
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8/20/2008
If you employ teens, you must follow specific rules regarding the hours and types of jobs they can work. If you don’t, the legal repercussions can be significant.
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8/20/2008
As of August 23rd, 2004, the Department of Labor updated its Fair Labor Standards Act (FLSA) rules regarding overtime pay for the first time in 50 years
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8/20/2008
Whether taking part in annual training or answering a call to active duty, reservists are entitled to job-protected leave and a right to return to work by the Uniformed Service Employment and Reemployment Rights Act of 1994 (USERRA)
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8/20/2008
The legal status and rights of married and unmarried same-sex partners are being debated in courtrooms across the nation
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8/20/2008
Keeping employee records safe and secure isn't just a nice thing to do -- it's the law, and companies who fail to protect employee privacy could face fines and lawsuits
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8/20/2008
Migraine-related FMLA leave has become a hot topic in the workplace, as recent lawsuits have seen employers pay thousands for not accommodating employees who suffer from the condition.
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8/20/2008
Employers must maintain HIPAA policies and communications in writing. Most commonly, there will be a binder (or series of binders) devoted to compliance with HIPAA regulations
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8/20/2008
Regulations governing overtime eligibility under the Fair Labor Standards Act (FLSA) establish new criteria for determining whether employees are exempt from federal overtime requirements
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8/20/2008
According to the EEOC, the Americans with Disabilities Act permits an employer to avoid hiring workers with a disability when they pose a direct threat to the health and safety of people in the workplace
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8/19/2008
On some issues related to sexual harassment, the laws have been fairly clear. For example, if an employee is demoted, fired or subjected to an extreme pay cut due to supervisor harassment, the employer is automatically held liable
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8/19/2008
"Experienced HR hands know that prying eyes sometimes go through the department’s garbage looking for information. Shred any document that mentions a specific individual"
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8/19/2008
Recent court rulings have made it clear that employers who make “good faith” efforts to eliminate workplace discrimination can, in some cases, avoid punitive-damage awards
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8/19/2008
There are four major bona fide exemptions under the FLSA. The DOL recently issued the new FairPay Rules, new regulations revising the criteria for each exemption
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7/21/2008
On May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act (GINA), a new law that prohibits discrimination by employers and health insurers on the basis of genetic information
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6/2/2008
On July 24, 2008, the second phase of the federal minimum wage increase will go into effect. This change will affect full-time and part-time workers in the private sector and in Federal, State and local governments
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11/28/2007
Most companies also have a compliance obligation under OSHA’s General Safety Clause, requiring businesses to provide a safe and healthful workplace for their employees.
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7/31/2007
The retention period for various employee records varies based on the various employment laws to which you are subject. Here are some guidelines, but keep in mind that your state may impose additional requirements
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7/31/2007
What if you have been paying and employee too much and you want to recover the difference from them. Is that legal?
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7/31/2007
What are the requirements for keeping employees’ I-9 records, including completion, verification, and storing those forms
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7/31/2007
Although not required by law, it is best practice to keep your I-9 forms separate from employee personnel files. Since the forms contain information on age and national origin, keeping them separate enables your company to avoid charges of discrimination
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7/30/2007
You are required to post federal, as well as local and state labor law posters in all of your establishments, so make sure you have the right labor law posters for each location
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7/30/2007
The Americans with Disabilities Act (ADA) permits physical examinations under fairly limited circumstances. A physical examination may not be used to pre-screen applicants for employment.
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3/7/2007
A properly drafted separation agreement is a legally binding agreement in which an employee or former employee agrees to release any legal claims against an employer.
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3/7/2007
Today’s no-smoking laws often put employers in a confusing position. Some states make it illegal to exclude candidates from consideration for employment if they smoke.
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3/7/2007
HR professionals involved in the capture, use, management or dissemination of information about employees must do all they can to help protect it. Is your HR staff up to the challenge.
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3/7/2007
Studies show that employee depression in the workplace costs employers more than $44 billion a year through decreased productivity and increased absenteeism.
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3/7/2007
USERRA, which covers virtually all U.S. employers, is as much or more about the reservists’ return to work as it is about their departure
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3/7/2007
Anytime an employee can disadvantage you in the marketplace by working for a competitor, you should consider having a noncompete agreement.
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3/6/2007
You’ll probably find an important news release from the Occupational Safety & Health Administration (OSHA). And, if you have 11 or more employees, this is one document you will want to keep.
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3/6/2007
It’s very important to classify workers properly as employees or independent contractors. If you don’t, the consequences can be severe.
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3/6/2007
It’s not hard to figure out, they get scared off by the heavy administrative burdens mandated by ERISA, the Employee Retirement Income Security Act. They may also worry about funding and administering a retirement plan in the face of the many uncertaintie
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3/6/2007
You should beware of any company marketing a “nationwide federal background check.” Those that do often check just federal court databases of criminal convictions. But federal convictions make up less than 5 percent of total criminal convictions.
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3/6/2007
In continuing a seesaw battle that has been waged since 1982, The National Labor Relations Board (NLRB) recently held, in a tight 3-2 decision, that a nonunion employee does not have the right to be accompanied by a fellow employee during a meeting that m
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3/6/2007
Be proactive in advocating wellness programs for dealing with obesity at work. An effective wellness program, she claims, can decrease your medical costs and boost productivity.
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3/6/2007
When it comes to employees needing time off for medical reasons, employers must wade through a “Bermuda Triangle” of legalities. Between the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) and Workers’ Compensation (WC) laws
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3/6/2007
With so many employment laws to deal with, today’s workplace can seem to be more about limiting your liability than managing and motivating your employees. For busy managers, even a minor mistake can prove costly.
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3/5/2007
A recent U.S. Supreme Court decision may make it easier for older workers to sue employers for age discrimination. In Smith v. City of Jackson, Mississippi, the court found that workers over 40 may successfully sue their employers if employment policies a
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3/5/2007
If you’re contemplating layoffs, and you employ more than 100 people, WARN is one law you’ll need to know in detail. Here are the facts.
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3/5/2007
Here’s a quick look at the major components of USERRA, the Uniformed Services Employment and Reemployment Rights Act. This act protects the jobs and employment rights of those who need leave for routine training or who are called up to serve in times of n
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3/5/2007
The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) requires employers who have government contracts or subcontracts worth $25,000 or more to take affirmative action to employ and advance the employment prospects of veterans.
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3/5/2007
You know the Immigration Reform and Control Act (IRCA) from its provision that you fill out an I-9 form whenever you hire. But it includes other provisions that affect you as well. Here are its major components.
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3/5/2007
The Equal Pay Act (EPA) was enacted to ensure that men and women get the same pay for the same work in the same workplace. And unlike other federal discrimination laws, many of which apply only to companies with fifteen or more employees, the EPA covers
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3/5/2007
The Employee Polygraph Protection Act of 1988 prohibits most private employers from requiring, requesting, suggesting or causing, directly or indirectly, any employee or prospective employee to take or submit to a lie detector testRequiring, requesting, s
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3/5/2007
Although OSHA dictates many safety regulations, it’s up to you to figure out how to integrate the principles of safety into your employees’ work ethic. Use the following suggestions as a start. They can help you affirm and reinforce your commitment to wor
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3/5/2007
When creating documents that may later be used as evidence in a lawsuit, don’t underline words, write in the margins, or provide a plaintiffs’ attorney any opportunity to call into question the validity of the document or the credibility of your company.
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3/5/2007
As an HR professional, there is a good chance you will have to deal with a complaint regarding improper conduct. Not following the proper steps in a timely fashion could spell real trouble for your company in the form of morale issues, bad press or even l
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3/5/2007
Many HR professionals are receiving the Internet Applicant Rule with cautious optimism. The rule may result in a better hiring process for companies, because it forces HR departments to be precise in advertising what the minimum qualifications are.
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3/5/2007
The question of whether salaried workers are eligible for overtime pay is a challenging one. While many CEOs and other high-level executives do not garner overtime compensation for putting in extra hours, some salaried employees may be entitled to the sam
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3/5/2007
The Equal Employment Opportunity Commission (EEOC) projects an increase in the private-sector discrimination charges it will handle in coming years.
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3/5/2007
Before buying tests for employees, make sure the test has been validated and is legal for business use warn experts
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3/5/2007
With more than 450 employment lawsuits filed each week, it pays to look before you leap, especially when it comes to terminations
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3/5/2007
You terminated someone for what you thought were good reasons, but now that person is suing you for wrongful discharge. Will your explanation for the termination hold up in court?
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3/5/2007
No matter how friendly the separation, be sure to document everything when you fire an employee to avoid future lawsuits
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3/5/2007
With the emergence of paid-time off (PTO) programs, the concept of sick days, vacation days and personal days may soon be ancient history
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3/5/2007
Employers who violate the Age Discrimination in Employment Act (ADEA) open themselves up to substantial liability so be sure your company's policies are in line with this labor law
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3/5/2007
New regulations that require states to place more welfare recipients into jobs and take them off public assistance could increase administrative burdens for employers.
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3/5/2007
By failing to apply company policies uniformly, employers may wind up with a situation that looks like discrimination and that can lead employees file costly lawsuits against the company. How can you avoid charges of discrimination?
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3/5/2007
The FRCA requires that employers follow certain rules when performing background checks on employees and job applicants, so be sure you know what's allowed and not allowed before doing criminal,driving or cerdit checks
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3/5/2007
If your company employs anyone under 18, be aware that federal child labor laws, as part of the Fair Labor Standards Act (FLSA), have changed. Here is a summary of the current federal regulations:
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3/5/2007
A recent Supreme Court decision on workplace discrimination cases against employers decision reiterates the importance of assuring that all workplace decisions are based on legitimate business reasons and not on employees’ protected characteristics
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3/5/2007
Before launching an investigation yourself, consider two other options hiring a consultant who specializes in such investigations, or hiring an attorney
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3/5/2007
According to Phyllis Severance, attorney and principal of Workers Risk Services in Burlington, Vermont, the average workers’ comp claim takes seven years to wind its way through the medical, insurance, and legal systems
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2/28/2007
Wondering how the Family and Medical Leave Act (FMLA) affects you? To help you sort it out, we’ve tackled some of the more frequently asked questions about this important law
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2/27/2007
Did you know that the Americans with Disabilities Act (ADA) specifies interview guidelines and specifically states which terms can be used and which should be avoided
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2/27/2007
Before conducting a workplace search or monitoring, make it very clear to employees that they do not have a reasonable expectation of privacy in, for example, their persons, property they bring onto the your premises, and in facilities and equipment you p
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2/26/2007
The Fair Labor Standards Act is the most violated of any of the federal employment laws. Robinson, who suggests employers hire an FLSA expert to do an audit designed to catch problems, cites the following as among the most common
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1/8/2004
Learn the do's and do not's of employee recordkeeping and protect your company from fines and lawsuits
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1/7/2004
Labor law postings are required to protect you and to protect your employees so make sure yours are accurate and current
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