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5th Circuit Throws Down on Use of AI

The U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) brought the hammer down on February 18 in an opinion written by Chief Judge Elrod. Glad I was not the nail. Show-cause order issued What is a show-cause order? It’s an order issued by a court to a lawyer essentially saying, […]

Don’t Be Mindless About Records Retention

In yesterday’s Advisor, we presented attorney Marc Jacuzzi’s checklist for personnel records. Today, his tips on HR recordkeeping plus an introduction to a special tool for the small or even one-person HR department. Jacuzzi, a shareholder in the South San Francisco law firm Simpson, Garrity, Innes & Jacuzzi, P.C., offers the following tips for better, […]

New work permit requirements apply whether employer is in Canada or U.S.

by Gilda Villaran Employers whose employees must apply for a work permit or extension in order to work in Canada should be aware of a new compliance form and fee that they must submit before the person applies for the work permit. This came into effect February 21. Ports of entry into Canada may refuse […]

Employee Lawsuits: Older “Unemployable” Worker Receives $603,000 For Future Lost Wages; Why You Need To Use More Caution When Older Workers Complain

As the baby boom generation enters its 40s and 50s, the number of workers protected under age discrimination laws continues to skyrocket. And while you’re probably aware of the most common legal issues involving older employees – such as discrimination and mandatory retirement – one recent ruling points out an unexpected and potentially expensive threat. […]

Accommodation Was Not Reasonable, So ADA Lawsuit Against Law Firm Fails

A law firm did not violate the Americans with Disabilities Act by terminating an assistant who could no longer perform heavy lifting, a federal appeals court ruled. Heavy lifting was an essential function of the employee’s job and her inability to do so could not reasonably be accommodated, the 4th U.S. Circuit Court of Appeals […]

Discipline: The 5 Last Things You Want to Hear

Discipline. Aside from performance appraisals, it’s probably the most neglected, most-often-put-off job in management. Managers and supervisors hate to deliver discipline, but delay is disaster. “I’ll ignore it—Let’s see if Jack will improve on his own.” Jack is a longtime employee, a copywriter in Jill’s Marketing Department. During the past several months, he’s been coming […]

HIPAA

HIPAA Experts Highlight Recent ‘Spike’ in Enforcement

A recent surge in monetary Health Insurance Portability and Accountability Act (HIPAA) settlements is altering the compliance landscape at a time when new technical and legal challenges also are coming into play, practitioners and regulators told a recent conference.