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The U.S. Citizenship and Immigration Services (USCIS) has announced that Dec. 26, 2007, is the deadline for employers to begin using the revised Form I-9, which was released several weeks ago. This is the form that all employers must complete for new hires to verify eligibility to work in the United States. As of Dec. […]
I’m so uncomfortable when I have to fire someone.Do you have any suggestions of phrases or techniques I can use to “soften the blow”? Here’s what you had to say: “Softening the blow” can seem like a thoughtful and considerate act, but it’s actually quite dangerous from a legal standpoint, as we found […]
As the new year progresses, it’s a perfect time to reflect and reassess personally and professionally. Businesses use strategic planning and budgets to reflect that same thinking at an enterprise level. However, all too often those choices are rushed—and even forced—based on constraints and lack of time. More importantly, people tend to be considered last […]
The largest single settlement Cal/ OSHA ever collected—$462,000—was for a work-related fire. In 1999, Tosco Refining Co. was cited for 33 alleged violations of state workplace safety regulations as a result of a fatal fire at its Avon plant near Martinez. Thankfully, most workplaces won’t experience such tragedies, but even so, OSHA reports that workplace […]
By Jane Meacham An appellate court sided with a plan administrator’s decision that a deceased plan participant’s stepsons are not entitled to his pension benefits, a ruling that may set the direction for similar plan interpretations under ERISA law. In the case, Herring v. Campbell , Case 11-40953 (Aug. 7, 2012), John Wayne Hunter, a retiree […]
This content was originally published in January 2010. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. Barbara Dahlen, Human Resources manager for Bellefontaine Habilitation Center in St. Louis, Missouri, knows a few things about preventing intermittent leave abuse. As a speaker at a recent seminar […]
Properly classifying someone as either an independent contractor or employee is one of the biggest problems employers have when adhering to FLSA requirements. Do you know when it is okay to classify someone as an independent contractor and when they should be classified as an employee instead? DOL Focus: Independent Contractor or Employee "One of […]
GINA is, of course, the Genetic Information Nondiscrimination Act, says attorney Peter Lowe, and you do care about GINA and Facebook, because Facebook pages are likely to reveal prohibited genetic information. What is GINA: The Genetic Information Nondiscrimination Act prohibits employers from collecting genetic information or discriminating based on genetic information. Genetic information includes information […]
Agreements to arbitrate employment disputes are more popular than ever with employers because they can help avoid expensive and risky litigation. They are also controversial because some believe it’s unfair to require employees to agree in advance to submit employment claims to arbitration, giving up the right to a jury trial and potentially huge damages. […]
In Tuesday’s election, four states — Arizona, South Carolina, South Dakota, and Utah — approved ballot measures that would guarantee employees the right to secret-ballot voting in union elections. We decided to ask employment law attorneys in each of the four states — all members of the Employers Counsel Network — about the outcome of […]