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COVID-19 Benching: H-1Bs Can’t Sit This One Out

The ongoing COVID-19 pandemic continues to complicate how employers approach temporary layoffs and furloughs spawned by lost revenues and reduced demands for their services. As if navigating the employment-based immigration laws weren’t complicated enough, now employers must balance implementing cost-saving measures with their federal obligations to employer-sponsored migrant workers.

Exemptions–Easiest Way to Run Afoul of WHD?

Exemptions are on the Wage & Hour Division’s hot list—and that means they should be on yours, too. In today’s Advisor, we’ll cover the slippery issue of the motor carrier exemption. For help with this tricky exemption, we turned to BLR’s Wage & Hour Compliance—Practical Solutions for HR. It says that the FLSA provides an […]

Words Matter (More than Lithium)

Litigation Value: A plaintiff (and high school) class consisting of “Scott’s Tots,” each of whom could claim entitlement to four years of college tuition — less an offset for the value of a laptop battery. (Thanks, Mr. Scott.) Greetings, faithful readers! You know the summer’s going fast and the nights are growing colder — at […]

When Good Interviewers Go Bad…Postcards from a Retired Recruiter

By Kim Seeling Smith “Have you even read my resume?” she asked the interviewer. Sheepishly, he had to admit he had not. He tried to dig himself out of this hole saying that he “liked to approach the interview process with an open mind” and that he “preferred for the candidate to walk through their […]

Ways to Incorporate Social Media into the Hiring Process

With the prevalence of social media, employers are finding more and more uses for it in the workplace, for example, as a component of the talent management process. More and more organizations are taking advantage of the growing reach of social networking.

Please Sue Me–How Managers Beg for Lawsuits

It used to be so much easier, says Hunter Lott. “If you won’t work, I’ll fire you or cut your pay.” Try that now, he says. Employees will say, “Big deal, go ahead and I’ll sue.” Lott is a partner at HCap International, a human capital training and consulting organization in Lawrence, Kansas, and the […]

Solid job descriptions can ease ADA worries

Good job descriptions are vital in keeping employers and employees on the same page, but they take on added importance when an employee with a disability needs help being productive. And for employers facing disability discrimination claims, job descriptions that clearly outline the essential and nonessential functions of the job can be crucial.  Although the […]

Surprising pro-employer decisions on post-employment restrictive covenants

by Kyla Stott-Jess and Stefan Mirkovic Employers often place great faith in restrictive covenants to protect their assets when hiring key employees. In Canada however, noncompetition clauses have generally been very difficult to enforce outside of the context of a sale of business. Nonsolicitation clauses have also been carefully scrutinized by judges even though they […]