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Look out―here comes GINA!

by Craig L. Olivo and Hilary L. Moreira The Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating in any term or condition of employment based on employees’ or applicants’ “genetic information.” It also prohibits you from requesting, requiring, or purchasing genetic information (with narrow exceptions). GINA was passed by Congress out of concern that […]

Legal Restrictions on Employee Background Checks

Employee background checks are used by an estimated 92 percent of organizations in one form or another before hiring someone. They can be quite useful, but employers should be careful because the EEOC has been cracking down on illegal use of background information. Are you aware of what you should and shouldn’t be doing with […]

Impending HIPAA audits will focus on risk analysis and training

Now that the U.S. Department of Health and Human Services finally appears to be moving ahead with its HIPAA audit program, health plans and other covered entities need to be preparing documentation and shoring up their risk analysis and training, among other things, HIPAA experts suggested in recent webinars. “They’ve been talking about it for […]

Holidays PTO Survey: Maximum PTO Bank

What is the maximum number of days that can be accumulated in your organization’s paid time-off plan?   1-9 days 10-19 days 20-29 days 30-59 days 60-89 days 90+ days No limit Exempt Employees 30 (6%) 61 (12%) 140 (28%) 154 (31%) 25 (5%) 32 (6.4%) 41 (8.2%) Nonexempt Employees 31 (6%) 62 (12.4%) 145 […]

Insurance Contract Overrules More Specific SPD, 9th Circuit Rules

The 9th U.S. Circuit Court of Appeals decided that an insurance certificate was an official plan document that overrode the plan’s summary plan description. It shows that plans are vulnerable when they attempt to set out plan terms in the SPD only without corresponding language in the official plan document. For stronger plan design, the […]

Individual privacy rights trumped by union’s freedom of expression

By Lorene Novakowski and Brandon Wiebe On November 15, 2013, the Supreme Court of Canada ruled that a union’s right to collect, use, and disclose personal information for legitimate labor relations purposes outweighs an individual’s right to privacy. In so doing, it declared Alberta’s Personal Information Protection Act (PIPA) unconstitutional but suspended the declaration for […]

Exploring the trickier aspects of hiring: What kills an applicant’s chances?

A few questions to consider about the hiring process: Is it the most rewarding aspect of an HR professional’s job? Is it a thorny task fraught with legal risk? Is it an exercise in frustration, frequently yielding undesirable candidates? For many HR pros, the answer to all three questions is likely yes. The economic downturn […]

COBRA Notice Is Not Culprit in Claim That Termination Violated USERRA

Sending a COBRA election notice shortly after an employee began military duty was not evidence that an employer fired the employee due to his military status in violation of the Uniformed Services Employment and Reemployment Rights Act, a federal district court in Arkansas held. In generally rejecting the USERRA claims, the court indicated, among other […]

Finding Passive Candidates

Open positions are becoming tougher and tougher to fill. Recruiters are looking for options to find more candidates for each role simply to have more options to choose from. Sometimes it’s difficult to even find someone qualified.