Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

Q&A on Recordkeeping for Employee Personnel Files

Maintaining employee records can be a time-consuming and arduous task. What pre-employment files should be kept in employee records? Should supervisor notes be included? Are electronic versions of mandatory records acceptable? These questions and many more were addressed by Jason Ritchie in a recent BLR webinar. Here’s a selection of the questions and answers. Q. […]

Exempt employees in California: The administrative exemption

Exempt employees in California are those who are not subject to overtime pay for hours worked in excess of 8 in a day or 40 in a week. Since these employees are not being paid overtime, it may be tempting to classify as many employees “exempt” as possible, but they must meet strict requirements to […]

Marking Anniversary, Feds Call ADA Amendments ‘a Promising Start’

Federal courts are off to “a promising start” in issuing rulings under the ADA Amendments Act according to the National Council on Disability, an independent federal agency. NCD says that recent rulings are a substantial improvement over pre-amendments decisions in achieving the broad scope of coverage that Congress intended. That finding is part of an […]

Same-gender Marriage Debate Continues in the States

Employers still have to contend with plenty of uncertainty regarding employees’ same-gender spouses, regardless of the U.S. Supreme Court ruling in U.S. v. Windsor (No. 12-307, June 26, 2013). That decision may have declared Section 3 of the federal Defense of Marriage Act unconstitutional, but it was a narrow ruling that left divergent state laws […]

New Hampshire new-hire reporting requirements changing August 3

by Heather L. Devine New Hampshire House Bill 440, which made several changes and clarifications to new-hire reporting requirements, goes into effect August 3. Most important, the new law requires employers to complete a new-hire report to the Department of Employment Security when a former employee has been rehired (regardless of whether she was laid […]

Q&A on Legally Compliant Background Checks

How many years back into the past can a criminal background check go? What is the difference between an investigative consumer report and a regular consumer report? Can you have different screening processes or factors that warrant disqualification for different positions? These are just a few of the questions that were asked by participants in […]

What laws restrict drug testing policies in California?

“Drug testing of private sector employees and applicants in California implicates the right of privacy set forth in Article 1, Section 1 of the California Constitution.” Marc Jacuzzi told us in a recent CER webinar. “That is where individual employee rights lie for private employers.” But what about safety concerns? Do they trump privacy concerns?

Senate ready to take up NLRB nominations

by Tammy Binford The full Senate is expected to vote on all five nominations to the National Labor Relations Board (NLRB) within the next few days, a move that could give the NLRB its full membership confirmed by the Senate for the first time in more than a decade. The Senate Committee on Health, Education, […]

Personnel Record Maintenance: When Can You Delete Employee Records?

What policies do you have in place regarding personnel record maintenance? When can you get rid of personnel records? General Guidance for Personnel Record Maintenance “Files should be obviously kept in a central location and someone, typically the HR department, should be the designated custodian. Only the custodian should put things into the file or […]

The 5 R’s of Harassment Avoidance

Yesterday’s Advisor featured attorney Jonathan Segal’s suggestions for anti-harassment training; today, his 5 R’s for managers, plus an introduction to the popular 350-prewritten-policy program, SmartPolicies. Segal, who is one of SHRM’s most popular speakers, is a partner in the Philadelphia office of law firm Duane Morris LLP. His remarks came at the SHRM Annual Conference […]