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Special from Atlanta–SHRM Annual Conference and Exhibition Employee use and abuse of personal tech devices, e-mail, and social networking is suddenly a high priority HR concern. It’s a big challenge to establish realistic—and legal—policies, says attorney Joseph Beachboard. Beachboard, who is a shareholder in the Los Angeles office of employment law firm Ogletree Deakins, details […]
by Gwen Cofield Although an employer or plan administrator is not required to ensure actual receipt of the Consolidated Omnibus Budget Reconciliation Act (COBRA) notice, a good-faith effort to provide the COBRA notice must be made. Where an administrative error prevents the receipt of the COBRA notice, an employer or plan administrator can demonstrate good-faith […]
An employer may have to tolerate an employee’s constant tardiness if it is caused by a disability, the 2nd U.S. Circuit Court of Appeals indicated March 4 in McMillan v. City of New York, No. 11-3932 (March 4, 2013). The court remanded the case to the U.S. District Court for the Southern District of New […]
by Kara E. Shea Independent contractors, by definition, are self-employed. Because they aren’t employees, they aren’t covered by employment, labor, and related tax laws. As a result, some employers may be tempted to reclassify employees as independent contractors to avoid taxes, benefits, record-keeping requirements, overtime, and other expenses. Wage and Hour Compliance Manual Contractors are […]
How do you know whether to classify someone as an independent contractor or employee? Is it enough to have a contract in place that specifies that someone is not considered an employee? While most employees hope they have it right, misclassifying employees as independent contractors costs the federal government $2.72 billion every year, according to […]
The Computing Technology Industry Association (CompTIA), a leading technology association, is partnering with Microsoft Corp. on its flagship program for transitioning veterans, Microsoft Software & Systems (MSSA), to make it easier for more than 35,000 U.S. service members to transition from active duty to high-paying careers in the civilian IT workforce.
It took just under a week for the U.S. Citizenship and Immigration Services (USCIS) to take in enough H-1B visa petitions to reach the statutory cap for fiscal year 2015, which begins on October 1, 2014. The USCIS announced April 7 that it received sufficient petitions to meet the caps of 65,000 visas for the […]
Most employers are familiar with the basic concept of equal pay for equal work. But it’s critical to understand the details of the rules because you can be liable for hefty damages and penalties if you make a mistake. In Part 1 of our series on preventing equal pay problems, we’ll explain what your obligations […]
Often, employees who believe they were fired because of their disability will show that they were replaced by an individual without a disability as evidence of discrimination. In one recent case, however, a district court has allowed a case in which a deaf teaching assistant — who was replaced by another deaf individual — to […]
Expensive, important investments typically send people to the internet. House hunters turn to websites and social media platforms to help them find the right home in the right neighborhood at the right price. Car buyers, too, take to the internet to find just the right vehicle. So if digital tools are vital for consumers making […]