Thanks but No Thanks Letters Make Business Sense

How you treat candidates for your jobs really matters. Sending a candidate who wasn’t selected for an interview or for the job is an extra, but positive step, your company can take to build good will with candidates and establish yourself as an employer of choice in the community.  Let’s face it!  Whether you are

Proposed Change to the Overtime Laws

  President Obama announced a change in labor rules, which would extend overtime benefits to an estimated 5 million people nationwide. Here’s how federal overtime regulations work now and how they would change under the proposed rules. How is overtime eligibility determined now? Currently, workers whose annual income is less $23,660 are classified as “non-exempt”

Medical history request results in first GINA lawsuit by EEOC

Employers may not request family medical history from employees or applicants, even as part of a postoffer medical exam. In its first lawsuit to allege a violation of the Genetic Information Nondiscrimination Act (GINA), the Equal Employment Opportunity Commission (EEOC) sued an employer whose contracted medical examiner required applicants to complete a family medical history questionnaire. The
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I-9 Audits and Accompanying Fines

We already know how prevalent I-9 audits by U.S. Immigration and Customs Enforcement (ICE) are. Typically, ICE issues a subpoena for I-9s, reviews the records, issues a “Notice of Intent to Fine” (NIF), instructs the employer to make any necessary changes to its I-9 practices, and assesses significant civil money penalties. The minimum fine for
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Discrimination and Harassment in the Digital Age

Everyone seems to be using social media, which has its benefits and challenges. For HR professionals, it poses many risks because social media encourages people to post their thoughts based on their emotional state of mind at the time and publishes those thoughts for a wide audience to see instantly. As we all know, one
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Can an Employer Prohibit a Discussion about Wages?

The National Labor Relations Act (NLRA) stipulates that employees are engaged in a protected, concerted activity when they discuss working conditions (including a discussion about their wages).  Therefore, employers are NOT permitted to prohibit such discussions!! Although the employer may be legitimately concerned about morale and working relationships between workers, it may not prohibit wage and salary
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New Regulations Change Details on Workplace Wellness Programs

Final rules from the U.S. Department of Health and Human Services on employment-based wellness programs raise the maximum reward that may be offered by certain wellness programs and expand nondiscrimination protections for sick employees. The final rules under President Barack Obama’s Patient Protection and Affordable Care Act were issued May 29 and will be effective
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Agencies Issue Guidance Regarding Same-Sex Marriages

On June 26, the U.S. Supreme Court ruled that provisions of the federal Defense of Marriage Act (DOMA) that defined marriage as a legal union between one man and one woman were unconstitutional. In a 5-4 vote, the Court found that the provisions deprived “the equal liberty of persons that is protected by the Fifth
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Don’t Hold a Final Paycheck Hostage

Q: Is it legal to hold an employee’s final paycheck until uniforms, computers, tools, or other company property is returned?   A: I get this question quite often and the short answer is: NO! An employer may not withhold an employee’s final paycheck for any reason! If an employee is separated from employment, he/she must
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Unpaid “Internships” Might Be Illegal

Unpaid “Internships” Might be Illegal A common labor law violation is the use of unpaid “interns”. The Fair Labor Standards Act (FLSA) states very clearly that that employers cannot pay an employee below minimum wage NOR can employees “waive” their rights under the FLSA. Employers cannot get around this by calling the work “volunteer” work
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