Archives

New FCRA forms for background checks

by Kara E. Shea Do you use a third-party service to conduct background checks on job applicants or employees? If so, then you should take note of the new forms you are required to use for that purpose, effective January 1. The “new” forms originally were issued last year but had to be revised because […]

The Dirty Dozen Widely-Believed Myths of Wage/Hour

Vacations? Overtime after 8 hours? Double time for holidays? These are some of the many myths of wage and hour that managers adhere to. In today’s Advisor, we’ll dispel a dozen of them. Myth #1—Employees get extra pay for working nights and weekends. The Facts: The FLSA does not require extra pay for weekend or […]

UPS Not Obligated to Provide ‘Light Duty’ to Pregnant Truck Driver, Says Court

A corporate policy that does not include pregnancy among the conditions making an employee eligible for light duty is a “neutral and legitimate business practice,” not evidence of bias against pregnant workers, according to a recent court ruling that dismissed a UPS truck driver’s claim that she was the victim of pregnancy discrimination. Employers may […]

Final HITECH Omnibus Rules Tighten Breach Notification

The HITECH Act is now here in full. The whole litany of tighter privacy and security requirements is in the long-awaited, long-delayed “omnibus” rules finalized Jan. 17 by the U.S. Department of Health and Human Services, and most of these will have to be met by this Sept. 23. The omnibus rules also include changes […]

The courage of our convictions

by Dan Oswald “Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company.” —George Washington It was suggested to me recently that there are times when you must work for someone you don’t like or trust. My initial response was a blank […]

Can Denying a Raise Be Retaliation under the ADA?

An example of a potential ADA violation would be an employee who is being treated for post-traumatic stress disorder (PTSD) resulting from incest who requests reasonable accommodation. Her supervisor then tells the employee’s co-workers about her medical condition. The employee tells the supervisor she intends to complain to HR about his unlawful disclosure of confidential […]

‘Only Women Can Be True Victims of Domestic Violence’ (Your Manager?)

DOL’s  recently released Questions and Answers: The Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking, offers examples of employment discrimination and retaliation that may be overlooked. What are some examples of employment decisions that may violate Title VII and involve applicants or […]

When Are Employers Obligated to Pay for Training Time?

One potentially confusing area for employers is determining under which circumstances employee training time must be paid. Is all employee training time considered hours worked? Hi. I’m Susan Prince, a Legal Editor at HR.BLR.com. We recently received an Ask the Expert question from a subscriber asking “Do we have to pay an employee for an […]

Getting a handle on emotional intelligence can smooth the way for a diverse workplace

by Tammy Binford Proponents of a diverse workforce understand that an employee group made up of all ages, races, and cultural backgrounds has a lot to offer. In spite of the advantages of diversity, though, employees’ differences can lead to a lack of understanding that holds everybody back. But is there a secret to capitalizing […]

When is it OK to stereotype?

by Mark Schickman We are a country that is properly committed to judging people based on their individual qualifications and not stereotypes about their groups―race, gender, age, or ethnicity. One seldom sees articles suggesting that any one category makes a better executive than another. The one exception is the never-ending stream of articles that say […]