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Two Rules for Smart Hiring

Hiring even one new employee invokes no fewer than seven federal laws and several state laws as well, says attorney Stephen R. Woods. How does an employer navigate this legal minefield? Woods, a shareholder with the national law firm of Ogletree Deakins, offered two tips at a recent BLR Employment Law Update conference in Las […]

News Notes: Loose Lips And Thoughtless Comments Get Employers Sued

In two recent cases, employers are facing lawsuits based on inappropriate comments the complaining employee never heard or saw. In the first case, a Mexican-American applicant rejected for a position at State Farm Insurance got the green light to sue because the hiring manager later allegedly referred to another employee as a “dumb Mexican.” Although […]

Utah case puts same-sex marriage issue on track to go before Supreme Court

Utah’s constitutional amendment banning same-sex marriage suffered another blow in a June 25 ruling from the U.S. 10th Circuit Court of Appeals, and that ruling makes it likely that the issue of same-sex marriage will go before the U.S. Supreme Court. The 10th Circuit’s decision upheld a December 2013 federal district court ruling that struck […]

GAO Study: IRS Too Tough in Adoption Tax Credit Enforcement

The IRS has been too vociferous in auditing individuals who have claimed the adoption tax credit, the Government Accountability Office (GAO) suggests in a report. In “Adoption Tax Credit: IRS Can Reduce Audits and Refund Delays,” the GAO reports that the IRS: (1) did not sufficiently train and communicate with its auditors who were examining […]

DOL Plans Will Encourage More Lawsuits

In yesterday’s Advisor, Attorney Christine Walters, SPHR, covered classification and deduction challenges. Today, her take on inclement weather and DOL’s plans, plus an introduction to a unique checklist-based HR audit system. Walters is an independent consultant with FiveL Company in Westminster, Maryland. Her remarks came at the recent Society for Human Resources Management Legal and […]

Still More Employment Policy Perils

Yesterday, we looked at 5 potential employment policy perils you want to be sure to avoid. Today, the rest of the dastardly top 10 — plus a California-specific handbooks resource that practically does the work for you.

Supreme Court Will Rule on Preemption of Vermont Health Reporting Law

The U.S. Supreme Court will decide whether ERISA preemption shields a self-funded health plan from state requirements to report health claims data. The court agreed June 29 to hear Gobeille v. Liberty Mutual Ins. Co. (2015 WL 2473478). The state of Vermont is appealing the 2nd U.S. Circuit Court of Appeals’ ruling in Liberty Mutual v. […]

Policy Makers Ignorant of FWA Realities?

The Obama Administration has initiatives in worklife balance including flexible work arrangements (FWAs), says attorney David Fortney, but those making the proposals are often not cognizant of the true effect of their mandates. Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of the Federal Employment Law […]