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Admittedly fraudulent documents and the I-9 form
(May 20, 2015)
The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices in the Civil Rights Division of the U.S. Department of Justice recently provided guidance on how employers are permitted to react when employees confess that they previously presented fraudulent documents in conjunction with Form I-9, which verifies workers’ employment eligibility. Read on

Want to keep employees?
Consider the reasons they quit

(May 15, 2015)
It may be a cliché to say employees are an employer’s greatest asset. But if that weren’t true, it wouldn’t be a cliché and employers wouldn’t focus so much attention on retaining their best and brightest. The reasons behind an employee’s decision to leave a job depend on each individual’s situation, but new research identifies minimal wage growth and a lack of flexibility as chief culprits. Read on

Should you settle that pesky NLRB charge?
(May 13, 2015)
At the outset, it is worthwhile to take a look at the rather grim statistical picture. In fiscal year (FY) 2011, the National Labor Relations Board’s (NLRB) regional offices won 88 percent of unfair labor practice (ULP) and compliance cases decided by the Board and administrative law judges (ALJs). Of the ULP charges for which the NLRB filed a complaint in FY 2011, the Board’s regional offices achieved a 93 percent settlement rate. Historically, the Board’s litigation success rates have ranged from the mid-80s to the 90th percentile. Read on

Mother's Day 2015:
a time to explore gender equality at work

(May 8, 2015)
Mother’s Day—since it’s always on Sunday—doesn’t typically get a lot of attention in most workplaces. Moms might get a quick shout-out during a meeting or in the office newsletter, but for most moms appreciation on their special day comes outside of work. The human resources department, however, might be smart to remember the benefits of showing their working moms some love. Read on

To fire or not to fire:
Remember arrested employee may not be guilty

(May 6, 2015)
Learning that a trusted employee has been arrested and accused of theft is always alarming, but the question of what to do—suspend, terminate, or wait and see how the case plays out—adds even more stress. Recently, several attorneys who represent employers were asked what to do in such a situation. Their advice: Suspension or termination may be appropriate, but always remember that arrest doesn’t equal conviction. Read on

Proposed FLSA overtime regs go to OMB for review
(May 6, 2015)
The U.S. Department of Labor (DOL) has submitted proposed changes to the Fair Labor Standards Act’s (FLSA) overtime regulations to the Office of Management and Budget (OMB) for review. The new regulations will increase the number of employees nationwide who qualify for overtime. Employers, get ready because the changes will likely have a substantial effect on your workforce. Many employees who qualify for an exemption from overtime right now will be entitled to overtime once the regulatory changes are finalized. Read on

President's budget reflects
administration's labor and employment priorities

(May 1, 2015)
President Barack Obama has submitted to Congress his budget request for fiscal year (FY) 2016, which begins on October 1, 2015. Here are the highlights of the administration’s requests for the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB). Read on

Supreme Court allows judicial review of EEOC conciliation efforts
(April 30, 2015)
The U.S. Supreme Court has handed employers at least a small victory by unanimously ruling that courts are allowed to review the Equal Employment Opportunity Commission’s (EEOC) conciliation efforts in discrimination cases. Read on

Worried about 'quickie' election rule? Attorneys urge supervisor training
(April 29, 2015)
The much ballyhooed National Labor Relations Board (NLRB) rule shortening the process leading up to unionization elections is now in force, leaving employers scrambling to figure out how best to protect their interests. One bit of advice: Focus on supervisor training.  Read on

Massachusetts employers need to be ready
for new sick leave law by July 1

(April 28, 2015)
Employers with operations in Massachusetts can finally get a look at proposed regulations concerning the earned sick time law that goes into effect July 1. Read on

Employment law road map for employers entering the U.S market
(April 24, 2015)
Foreign companies and investors that enter the U.S. market are governed by numerous state and federal labor and employment laws. When you’re opening a business in the United States, it’s critical to work with experienced lawyers who can guide you through the necessary steps. Here is an overview of the major employment issues companies must account for when opening up shop in the U.S. Read on

Are employer codes of conduct meaningless in today's NLRB climate?
(April 22, 2015)
Based on the National Labor Relations Board’s (NLRB) recent attack on employer codes of conduct, employers need to rethink their approach to communicating to employees the kinds of conduct that are prohibited and expected in the workplace. Read on

HR soul searching: New report calls for "extreme makeover"
(April 17, 2015)
Forward-thinking leaders of change or stuck-in-the-past resisters of change. Which phrase describes today’s human resources professionals? Serious HR practitioners aspire to the first description, but a new report warns that the profession is in need of an “extreme makeover” to ensure it can meet the engagement, leadership, development, and other challenges facing today’s workforce.  Read on

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