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PA Mistake #7—Gaming the System

[Go here for sins 1 to 6.] Sin #7. Gaming the system “John’s work is just OK, to be sure, but I need to give him a big raise to keep him, so he gets an ‘excellent.’” “I can’t stand Sandy, but I can’t transfer him unless he has a high rating; let his next […]

FLSA: Exotic Dancers Are Employees, Not Independent Contractors

By Kevin C. McCormick The U.S. Court of Appeals for the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—recently held that a group of exotic dancers are employees under the Fair Labor Standards Act (FLSA), not independent contractors. Consequently, the dancers are entitled to minimum wage for all hours they work […]

Brand

Brand Ambassadors: Winning a Better Brand

In Yesterday’s Advisor we heard from Heather Polivka about the best way to get your employees to help you build your brand. Today we’ll hear more tips from her on what kinds of software can help with training your brand ambassadors. Polivka, senior director of Global Employer Branding & Marketing at United Health Group, offered […]

Supreme Court

Supreme Court Ends Affirmative Action in University Admissions

In two related cases, the U.S. Supreme Court ruled 6-3 on June 29 that using race as a factor in university admissions violates both the 14th Amendment of the Constitution and Title VI of the Civil Rights Act of 1964. At the root of the Court’s decision is a profound questioning of whether “diversity” and […]

Are Workers from an Agency Your Employees?

What about workers from a staffing agency? The staffing company, the client employer, or both may be the legal employer, says attorney Deanna Brinkerhoff. It depends on the workers’ duties, their work conditions, and the contractual basis on who controls what on the worksite. Brinkerhoff, an associate in the Las Vegas office of law firm […]

Employers Must Treat Pregnant Workers Mindfully to Avoid Compliance Challenges

Proper treatment of pregnant workers is in the headlines as a result of recent guidance from the U.S. Equal Employment Opportunity Commission on pregnancy accommodations and a high profile U.S. Supreme Court case involving a UPS worker. More than ever employers must be mindful of how they’re treating pregnant workers as there are a host […]

Hiring essentials: tips for applications and interviewing

by Steve Jones Many federal employment laws can apply to the hiring process. Even if you are a small business that may not fall under the rules because of a limited number of employees, it’s always recommended that you follow legally compliant policies from the start. When hiring an employee, you should consider both your […]

Special from Chicago—SHRM Annual Conference and Exhibition – ‘Hey, That Violates My Free Speech Rights!’ (Sorry.)

For companies in the private sector, the employer determines whether there is an expectation of privacy, says Attorney Jonathan Segal, and unwary employers may create the right to privacy if they are not careful. (Government employees generally have a constitutional right to a higher level of privacy than those in the private sector.) Employers can […]