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The independent contractor model of work has become increasingly popular with both businesses and workers, but it’s not without its hazards. Misclassifying workers as independent contractors when the IRS and the U.S. Department of Labor say they should be classified as employees can have serious consequences. Here are 10 tips that can make it more […]
Systemic investigations, hiring scrutiny and pregnancy discrimination are among the trends at the U.S. Equal Employment Opportunity Commission that employers should be looking out for in the coming year, according to attorneys at Littler Mendelson PC. A report issued by Littler analyzes and examines key statistics from the EEOC’s Performance and Accountability Report for fiscal […]
On October 14, 2024, the National Labor Relations Board (NLRB) announced that the number of union organizing petitions filed from October 1, 2023, to September 30, 2024, increased nearly 30% from the same period the year before and more than doubled from the same period in 2021. Why Have Union Certification Petitions Increased? A significant […]
We have a departing employee who has withdrawn more from his FSA than he has contributed. Can we deduct the balance owed from his final paycheck? Deductions of this type are not permissible under the Section 125 rules for FSAs.
There is no doubt that the COVID-19 pandemic has been a catalyst for change. Certainly, there have been terrible consequences, but in the midst of this, there have been some positive outcomes. Not the least of these is the widespread adoption of remote work because of social distancing guidelines, which has proven to open new […]
Sibyl McCarley, Chief People Officer (CPO) at HireVue, is a seasoned HR leader with a unique career journey. Her path to the C-suite began unexpectedly when she graduated with degrees in English, Psychology, and History. Initially planning to pursue a law degree, McCarley took a detour to gain work experience and earn a master’s degree. […]
Retaliation claims are among the most numerous types of employee claims processed through the Equal Employment Opportunity Commission (EEOC) and state EEO agencies. Central to the claims is whether an employee engaged in protected activity and how the employer responded to it. A recent case from the U.S. 8th Circuit Court of Appeals (whose rulings […]
Since the Immigration Reform and Control Act (IRCA) was enacted in 1986, employers have been required to verify the identity and work authorization of every new hire using Form I-9. But one question has sparked ongoing debate: Should employers copy the documents that employees present during the I-9 process? Two Schools of Thought on I-9 […]
As most of us know by now, the percentage of individuals who are working as independent contractors either part time or full time continues to grow. Many employers have embraced this trend and continued to hire more and more contractors who work alongside the regular labor force and meet specific needs. Other employers opt for […]
As a general rule, you’re not required to pay overtime to employees who spend most of their time making sales away from your regular place of business. But figuring out which outside sales personnel are really exempt from the overtime laws isn’t always easy, especially because many employees perform a mix of sales and non-sales […]