Independent Contractor Status is Being Heavily Scrutinized – Be Careful!!

 The Department of Labor has issues an Administrator’s Interpretation No. 2015-1, which provides some insight into how the Government will be viewing 1099 (Independent Contractor) status in 2016.  For those of you who use Independent Contractors, below are some things the DOL will be looking at to determine whether there is a legitimate 1099 relationship

Background Checks and Drug Testing

Why Background Checks and Drug Testing? A department of justice study found that about two million violent incidents occur at work a year including 1,000 homicides, 600,000 assaults, 42,000 rapes/sexual assaults and 23,000 robberies 1 in every 37 US adults have been incarcerated at one time, and the recidivism (tendency to return to criminal behavior)

Federal and State Poster Requirements for 2014

Federal and State Poster Requirements for 2014 It’s that time of year and I know that most of you are receiving notices, sometimes weekly, informing you that you are out of compliance with the Federal and State posting requirements.  I have written this article to try and help you print your own posters and be

How the Ashley Madison “Hack” Impacts Employers

  Another major news story has huge HR implications for businesses… Ashley Madison is an online company that uses its technology to facilitate romantic affairs. The company’s motto is “Life is short. Have an affair.” A recent Forbes magazine article indicated that some thirty million men–one in four married American males–was signed up on the

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
Tagged under: ,

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
Tagged under: , , ,

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
Tagged under: ,

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
Tagged under: , ,