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Ever Been Arrested or Convicted? … Is It Discriminatory to Ask?

EEOC has released guidance on the use of arrest and conviction records in screening job candidates. Many employers do subject job candidates to criminal background checks to combat theft and fraud, and to avoid workplace violence. But the EEOC sees the possibility of discrimination. That’s because arrest and incarceration rates are particularly high for African […]

Québec Contractors Can’t Have Their Cake and Eat It Too

by Marie-Julie Lanctôt For a variety of reasons, more and more employees want to create companies to provide their services as contractors, rather than employees. Such services will often be identical to those that were provided when the individual was an employee. Subject to a tax, employment insurance or Canada Pension Plan audit, that may […]

Traveling with coworkers

Hit the Road to a Better Understanding of Your Colleagues

Have you ever noticed how traveling with someone helps you really get to know them? In 1976, my mother, two siblings, and I embarked on a trip across the country with my grandparents. My father, what a wise man he was, somehow avoided this particular trip. The six of us spent two weeks together “on […]

iPlaintiff

Litigation value: Ryan gets nothing today, but in a few years ….. who knows? The ADA Amendments Act of 2008 (ADAAA) significantly broadened the ADA’s definition of disability. Ryan had me asking myself how much during last night’s rerun episode, Trivia. During the trivia contest, the organizers confiscated Ryan’s smartphone. Ryan held out for all of eight seconds before deciding that he would rather be ejected from […]

If Feedback Is All Positive, Results Can Be Negative

By Stephen D. Bruce, PHR Editor, HR Daily Advisor “How good am I?” is a question we all ask ourselves, says business and leadership blogger Dan Oswald. We want to know how good we are at most things in our lives, says Oswald, CEO of BLR, who offered his thoughts on feedback in a recent […]

Five Steps to Eliminating FMLA Fraud and Abuse

Yesterday’s Advisor featured attorney Susan Schoenfeld’s tips for reducing FMLA abuse and fraud; today, five strategies that work, plus an introduction to the guide we call The FMLA Bible.” Schoenfeld, a Senior Legal Editor for BLR’s human resources and employment law publications, offers five strategies for reducing FMLA abuse in your organization. 1. Make Training […]

Top 7 Compensation Articles of 2012 from Compensation Daily Advisor

Misclassification: DOL and IRS Declare War Misclassification—calling individuals “independent contractors” or “volunteers” who properly should be employees—is a burgeoning legal battleground for employers. A recent 30-million-dollar suit on behalf of newspaper carriers is a good example of the stakes involved, says attorney Christine V. Walters. Unauthorized Overtime–Must Be Paid Even if Forbidden Many employers have […]

Avoiding a Clash Over FLSA Contractor Classifications

Before they find themselves under a wage enforcement microscope, employers need to be aware of potential problems and misclassification errors when designating workers as independent contractors instead of standard employees. The U.S. Department of Labor has had the misclassification of workers squarely in its cross hairs for a while. In particular the designation of “independent […]