FMLA Compliance:
Practical Solutions for HR

Now there's a new tool to help you master every nook and cranny of federal leave law.

Save hours of research with "FMLA Compliance: Practical Solutions for HR." This comprehensive resource offers real-world scenarios to illuminate even the most complex parts of this ever-shifting statute, from defining a "serious health condition" to determining job reinstatement requirements to clarifying the murky waters of intermittent leave.

Order today for only $297 and you'll receive a 330-page manual, a CD-ROM containing over 20 valuable time-saving forms and penalties, and a quarterly bulletin on the very latest FMLA changes, including the new FMLA amendments signed by President Bush granting leave to servicemembers' families.

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Or call toll-free (800) 274-6774

Please mention offer code HLT when calling.

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Audio Conferences

Training without leaving your office

03/31/2008
New FMLA Leave Rules for Servicemembers' Relatives: What Employers Need to Know

04/02/2008
DOL's New Proposed FMLA Regs Explained

04/03/2008
Your Employee Has Cancer: Discrimination, Productivity, FMLA, and ADA Answers

04/08/2008
Pregnancy in the Workplace: Manage FMLA, ADA, and PDA Issues

04/10/2008
How to Say "You're Fired" Without a
Legal Firestorm

04/16/2008
Surviving the First 90 Days: Keep Your New-Hires With Effective On-Boarding

04/17/2008
When Religion Comes to Work: How to Legally Accommodate Your Diverse Workforce

04/24/2008
Weathering Tough Economic Times: Strategies
for HR

04/30/2008
Supreme Court's 401(k) Ruling: What It Means
to Employers

05/01/2008
Managing Employees with Mental Disorders: Unique Challenges, Best Practices

05/08/2008
Dealing with Doctors: Medical Certification Challenges for FMLA, Workers' Comp, ADA

05/13/2008
Flexible Work Arrangements: Bending Workplace Norms to Boost Productivity

05/14/2008
Wage and Hour Guidance for Supervisors: Your First Line of Defense

05/15/2008
"Win-Win" Performance Evaluations That Boost Morale and Productivity

05/21/2008
Rumor and Gossip: How HR Can Stop Productivity Killers

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or call toll-free (800) 274-6774.

Northern Exposure: employment law for U.S. companies with operations in Canada

Appealing employment tribunal decisions may be easier

A recent decision by the Supreme Court of Canada may make it easier for employees and employers to appeal decisions of administrative agencies to the courts.

In Canada, and from an HR perspective, such agencies include labor boards, labor arbitrators, human rights tribunals, pay equity tribunals, and employment standards adjudicators. Read on

You can sign up for the free e-zine at www.hrhero.com/northernexposure. You also can find past articles from the e-zine on the Northern Exposure blog at www.hrheroblogs.com/northernexposure.

HRHero.com
Subscriber Resources

HR Tool: Sample Policies and Procedures

Ever get worried about some of your policies and procedures? Wonder how they measure up to those from other organizations? Afraid you're missing something? Help is available with sample policies available to newsletter subscribers on HRHero.com.

M. Lee Smith Publishers LLC has teamed up with Margaret Morford, an attorney and president of the national consulting firm theHRedge., Inc. to design a top-notch Policy and Procedure Manual for our Employment Law Letter subscribers.

Sample policies cover many common topics and also some less frequently dealt with but important ones such as antitrust, visitors in the workplace, employees' contact with the news media, locker rooms, parking, interns, and use of company tools and/or supplies.

We created this manual to be more than just a template of policies. It contains commentary on what you should consider including in your policies as well as practical advice and suggestions. Each policy is available in RTF format so you can save and edit the policy on your computer.

How to access:

1. Log into HRhero.com Subscribers Area: www.HRhero.com/lc

2. In middle column, under HR Tools, click "Sample Policies & Procedures"

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Tour the Subscribers Area

Sign up for your state's Employment Law Letter to get monthly, state-specific updates and access to the HRhero.com Subscribers Area where you can search state & federal law, find articles on issues you're facing today, use sample forms & policies, read in-depth special reports on 24 HR topics, and more.
Tour the Subscribers Area

IN THIS ISSUE - March 28, 2008

Employment law research tool for HR pros unveiled
Workplace lessons from the campaign trail
Penalties increase for certain immigration violations
English-only rules -- bueno or not so bueno?
Best qualified candidate

Read HR Hero Line online: www.HRhero.com/hl/032808.html

From the Editor

Employment law research tool for HR pros unveiled

It’s Monday morning and you've just sat down at your desk. Your coffee is still hot and the phone hasn't rung yet. Then, without warning, one of the company’s quieter, no-hassle employees walks in your door. The employee reveals to you that she is pregnant and there might be complications with the pregnancy. As she gets up to leave, you suddenly remember that her husband works downstairs in the shipping department. As she walks out the door, three more employees burst in and inform you that the pink slips they’re waving are going to be “Exhibit A” when they sue the company for violating the WARN Act.

When the storm subsides, you sit at your desk stunned. Thoughts of maternity/paternity leave, FMLA, and . . . the WARN Act swirl through your mind. You clearly need to take action quickly, but you also want to brush up on your HR smarts first. Where do you go?

Starting today, you have a new research assistant on HRHero.com to help you easily find up-to-date information on nearly 100 employment law topics. To get started, go to www.hrhero.com/topics/all.html. Find a topic you’re interested in and click on the link to get to that page.

On each HR Hot Topic page, you'll find an overview of the topic and links to other topic pages related to that subject. Each topic page includes links to related articles and tools to bring together all the employment law resources you need in one package with accurate, reliable information that's quick and easy to access. So now you can spend your time solving problems at work, not wading through an avalanche of Google search results that might or might not be relevant.

Among the HR articles and tools you’ll find links to on the topic pages are:

related articles from all 50 Employment Law Letter newsletters and the Federal Employment Law Insider;
sample policies and procedures created by Margaret Morford, an attorney and president of the international management consulting and training company The HR Edge Inc.;
special reports written by employment law attorneys;
sample forms;
HR IQ quizzes;
results of past HRhero.com surveys;
and manuals, books, audio conferences, and other tools.

If you've done your research and want to get some input from other HR pros, click on the Employers Forum link in the navigation bar across the top of the topic pages. You can search the forum for information, and if you are an Employment Law Letter subscriber you can post a question.

Another aspect of the new topic pages is that we will continue to add topics as new issues arise. Got an idea for a topic you would like to see us include in our topic pages? Do you have ideas about what other information or tools you would like to see on the pages? What can we do to make the pages more user-friendly? Tell us. Send an e-mail to webeditor@mleesmith.com with your comments and questions. We're eager to hear from you.

Wendi Watts
Web Editor
HR Hero Line
Webeditor@hrhero.com

HR News and Advice

Workplace lessons from the campaign trail

Excerpted from Delaware Employment Law Letter and written by attorneys at the law firm of Young, Conaway, Stargatt & Taylor

by Margaret M. DiBianca

Politics isn't a career for the thin-skinned. "Getting the goods" on one's opponent often seems like a strategic tactic. Candidates who engage in that "strategy" look for harmful information, and then, when the time is right, maybe at a rally or mid-debate, the goods are slung like mud in the general direction of the targeted opponent.

Long after the polls close, the beat(ing) goes on
According to some, the recent presidential primaries have included their fair share of sticks and stones. Candidates from both parties have been criticized for engaging in personal attacks against their opponents. And while the candidates have seemed to weather the attacks, the average worker is less likely to survive a verbal assault so effortlessly. Instead, personality conflicts and infighting in the workplace can lead to major problems. Savvy employers understand the real economic value in learning how to prevent, identify, and stop workplace bullying.

Read on

Penalties increase for certain immigration violations

Excerpted from Georgia Employment Law Letter and written by attorneys at the law firm of Ford & Harrison LLP

Employers, beware: You will soon face increased monetary penalties if you violate certain immigration laws. The Department of Homeland Security (DHS) and the U.S. Attorney General have issued a rule that adjusts for inflation the civil monetary penalties they assess or enforce under the Immigration and Nationality Act. This is the first increase in the civil monetary penalties since 1999, and it represents approximately a 25 percent increase over the current penalties. The increased penalty amounts apply only to violations that occur after the March 27 effective date.

Hiring, recruiting, and referral sanctions. Under the current provisions, the penalty for knowingly hiring, recruiting, or referring undocumented workers ranges from $275 to $2,200 per individual for a first offense, increasing to a maximum of $11,000 in the event of three or more violations. Under the new provisions, the penalty will range from $375 to $3,200 for a first offense, up to a maximum of $16,000 for multiple violations.
Form I-9 paperwork violations. The penalties for Form I-9 "paperwork violations," including failure to properly complete the form or failure to retain it for the required period of time, will remain the same at $110 to $1,100 per violation. These penalties are unchanged because they were below the threshold for an inflation adjustment under the relevant law.
Unfair immigration-related employment practices. Under the current provisions, penalties for unfair immigration-related employment practices, such as discrimination against job applicants or employees based on nationality or citizenship status, range from $275 to $2,200 per act for a first offense, increasing to a maximum of $11,000 in the event of three or more violations. Under the new provisions, the penalty will range from $375 to $3,200 for a first offense, up to a maximum of $16,000 for multiple violations. The penalties for "document abuse" -- the refusal to accept permissible documents presented by an employee in compliance with the Form I-9 requirements -- will remain at the current amounts of $110 to $1,100 per violation.

Employers' bottom line

The increase in civil penalties provides yet another reason for you to ensure you're in compliance with employment-related immigration laws.

Did You Know...

According to the EEOC, American employers paid out $10.5 million to settle pregnancy discrimination suits in 2006, and the numbers just keep climbing.

How can your organization avoid legal dangers when one of your employees becomes pregnant? Can you ask about what kind of leave she intends to take after the birth of her child? Should you remove her from responsibilities that may put her unborn child at risk?

Get the answers to these questions and learn how to stay off the EEOC's hit list by registering for the all-new HR Hero audio conference, "Pregnancy in the Workplace: Manage FMLA, ADA, and PDA Issues." In just 90 minutes an employment law attorney experienced in pregnancy discrimination cases will guide you through these legal "gray" areas, and will offer hands-on, practical advice for the day-to-day management of challenges arising from pregnant employees.

Read on for more information...

English-only rules -- bueno or not so bueno?

Excerpted from Nevada Employment Law Letter and written by attorneys at the law firm of Lewis and Roca LLP

by Christian Zinn

Last year, Pahrump, Nevada, made national headlines when it passed an ordinance that set restrictions on flying foreign flags, denied benefits to undocumented immigrants, and declared English the official language. The Pahrump town board has since struck down the ordinance. But the controversial measure briefly put the town in the center of the national immigration debate. Supporters said it was intended to encourage immigrants to learn English and follow the law, while opponents called it unconstitutional.

Read on (Subscribers only)

The Word on Employment Law

Best qualified candidate

by John Phillips

It’s often said that we try to choose the best qualified candidate for all our jobs. And, in large part, I think most people involved in the hiring process abide by this principle.

How does this translate to hiring, or electing, the CEO of the United States of America? Interestingly, Article II of the U.S. Constitution is somewhat short on a job description, which is probably good. We’ve seen presidents come from all sorts of backgrounds, experiences and jobs, and I think that’s a good thing.