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SHRM 2011: Use Surveillance Only as a Last Resort When You Suspect Fraud

Some requests for Family and Medical Leave Act leave just sound suspicious. For example, consider the case of an employee who requested leave during the exact same time of year he had taken off four years earlier. His supervisor ordered surveillance, and terminated him when it turned up what appeared to be evidence of fraud. The employee in […]

Script Your Managers’ Critical HR Discussions

In sensitive HR discussions with employees, some of your managers will do best working from a script. But don’t try to write one until you’ve gotten the appropriate written policies backing it up. Yesterday’s article on the proper handling of terminations gave tips on what management personnel should and should not say in these circumstances. […]

FLSA: Brand Advocates Are Not Exempt Employees

By Steve Jones, Jack Nelson Jones & Bryant, P.A The 8th Circuit recently held that an electronics manufacturer’s “brand advocates” were incorrectly classified as “exempt” employees under the Fair Labor Standards Act (FLSA). As a result, the employees will get a chance to convince a jury that they’re entitled to overtime under the FLSA.

SCOTUS Asks Where to Draw the Line on FLSA Definition of ‘Clothes’

Spectators could be excused for confusing a recent U.S. Supreme Court oral argument session with an episode of TLC’s What Not to Wear. On Nov. 4, the Court heard arguments in Sandifer v. U.S. Steel Corp.(No. 12-417) which focused on how to define “clothes” versus protective equipment and whether time spent donning those items is compensable. The […]

More rigorous regime for employers of temporary foreign workers

By Gilda Villaran As we have repeatedly reported, there have been many changes to Canada’s immigration program in the past year. So many, in fact, that it has been hard to keep track of all the new legislative and regulatory amendments and new administrative measures. Yet another important change to the Temporary Foreign Workers Program […]

Cheerio, David Brent!

Although we know that Robert California (played by James Spader) will be coming on board next season, we at F&H are still sifting through the other candidates. Who knows? Maybe the selection committee will be able to find a role for them, too. Today I’d like to talk about my favorite candidate from across the […]

Live Generously: Being in Business to Help Others

Oswald, CEO of BLR, shared his thoughts about the article in a recent edition of The Oswald Letter: The article caught my attention for a number of reasons. I love the “Live Generously” lead. I just think it’s a great concept. Add to it the teen and business angles, and I was hooked. The article […]

Discriminatory practices: pitfalls of the I-9 process

by Anders Lindberg The I-9 process of verifying an employee’s identity and employment authorization can be, as W.C. Fields put it, “fraught with eminent peril.” Failure to comply with documentation, verification, and discrimination laws can result in stiff fines and penalties. And recent settlement agreements between employers and the U.S. Department of Justice (DOJ) indicate […]

OFCCP updates guidance on gender identity and transgender discrimination

by Tammy Binford On August 19, the Office of Federal Contract Compliance Programs (OFCCP) announced a new directive related to its decision to update its enforcement actions regarding gender identity and transgender discrimination. On June 30, the U.S. Department of Labor (DOL) announced it would update its enforcement protocols and guidance to reflect that the […]