Discrimination and document abuse in the hiring process
(May 22, 2013)
You’ve been verifying I-9s since the Immigration Reform and Control Act (IRCA) took effect in 1986. You know the difference between List A, B, and C documents, and you can fill out I-9s in your sleep. Imagine your surprise to receive a letter from the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) in the Civil Rights Division of the U.S. Department of Justice (DOJ) notifying you that you are being investigated for document abuse and discrimination in the employment eligibility verification process. What? Isn’t one of the purposes of Form I-9 to keep unauthorized aliens from being employed in the United States? Now you’re really confused!
Senate to debate comp time option for
private employers after House passes
Working Families Flexibility Act
(May 17, 2013)
On May 8, 2013, the U.S. House of Representatives passed HR 1406, the Working Families Flexibility Act, which would allow employers to offer compensatory time off in lieu of time-and-a-half cash wages for overtime. Employees would be allowed to “cash out” unused comp time within specified periods of time. While the Society for Human Resource Management (SHRM) supports the bill, it is currently opposed by both unions and the majority of congressional Democrats, which means it will face a much tougher audience in the Democrat-controlled Senate.
Nation looks to Arizona's experience with E-Verify
(May 15, 2013)
Reports out of the nation’s capital indicate the time finally may be right for comprehensive immigration reform. The word “comprehensive” encompasses a lot of issues, including border security and what some call a “pathway to citizenship” and others call “amnesty.” Everyone describing the scope of comprehensive immigration reform seems to include in their plans a national mandatory system of employment verification. Arizona employers have been subject to a state law that mandates use of the federal E-Verify system for five years now.
Survey says: training and development
(May 15, 2013)
Recently, BLR surveyed 700 HR professionals on the training and development practices at their organizations. The survey asked about types of training conducted, frequency of training, training methods, and types of training products and services used.
Vacation season looms, or does it?
(May 10, 2013)
We’re deep into spring, the time when cubicle-bound employees may be planning their escape and vying for prime spots on the time-off calendar. Or maybe they’re so busy with the daily grind that they don’t even dream of walks on the beach or majestic mountain views.
Business groups applaud ruling against NLRB poster
(May 8, 2013)
Probusiness groups are cheering a new ruling from the U.S. Court of Appeals for the District of Columbia Circuit that represents another blow to the National Labor Relations Board (NLRB). The appeals court, which issued another ruling against the NLRB in January, ruled on May 7 that the Board exceeded its authority in its effort to require employers to post a notice of employee rights under the National Labor Relations Act.
Stress assessed: How are
your employees holding up?
(May 8, 2013)
Today’s workplace is facing a classic good news-bad news scenario. It’s good news that hiring shows signs of picking up. But if recent surveys are any indication, that good news hasn’t made much of a dent in the bad news – that more workers than ever are experiencing rising stress levels.
New FMLA regs require employers
to reexamine policies and practices
(May 3, 2013)
The U.S. Department of Labor’s (DOL) recently issued Family and Medical Leave Act (FMLA) regulations became effective on March 8. Although the new regulations don’t radically change the landscape of the FMLA, they do contain some significant modifications. What do you need to know to ensure that your policies and practices are still in compliance?
Database hazards: What's safe when
conducting background checks?
(May 1, 2013)
No one wants to get burned by hiring a bad apple, so it’s common for employers to conduct background checks to lessen the chance of bringing a dishonest employee into the workplace. But as hazardous as it is to have shady employees, it also can be dangerous to step out of line when checking people out. A background checking tool making headlines recently comes in the form of databases filled with names and information on employees who have been accused of stealing from their employers. The databases are mostly used in the retail world.
Ruling supports firing pot smokers
despite Colorado law
(April 29, 2013)
The Colorado Court of Appeals has upheld an employee’s firing for off-duty marijuana use, despite medical and recreational use of the drug being allowed under state law. A quadriplegic employee who used marijuana under the state’s medical marijuana amendment filed a lawsuit after he tested positive for drugs in violation of company policy and was fired.
Do you have operations in multiple states? Are you faced with the herculean task of monitoring several states' legislatures, agencies, and courts to make sure you're aware of employment law changes? Our brand new monthly newsletter, Employers State Law Alert, is the answer.
The Employers Counsel Network helps employers find legal counsel. Find the ECN attorneys in your state who write your Employment Law Letter. Details