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News

E-Verify fraught with problems
(May 15, 2008)
From Labor and Employment Law Blog
As Mississippi employers gear up to meet its legal obligations to verify employment under the Mississippi Employment Protection Act, the E-Verify system is coming under attack in Congress. A bill has been introduced in Congress that would require all employers in the United States to use the Social Security Administration's E-Verify system to verify employment of all individuals prior to employment. Rep. Michael McNulty, D-New York, however, cautions that the Social Security Administration must not take on added immigration responsibilities while the agency is trying to reduce a huge backlog of disability claims. Read more

Termination because of interracial marriage is discrimination
(May 14, 2008)

From the Delaware Employment Law Blog
Racial discrimination comes in many forms and, following a recent opinion from the Second U.S. Circuit Court of Appeals, discrimination due to an employee’s interracial relationship is one of them. Read more

Immigration raid produces arrests, potential charges
(May 13, 2008)

From the Iowa Employment Law Letter
A raid by the Immigration and Customs Enforcement at kosher meat plant Agriprocessors in Postville, Iowa, on May 12 resulted in over 300 arrests, largely for immigration violations. Federal and state authorities have predicted that it's possible that hundreds more may be charged and that a other legal claims related to employment law and criminal violations could be made. Read more

Hiring teens for summer jobs
(May 9, 2008)

From the Delaware Employment Law Blog
Summer means an influx of teen workers for many employers. Teen employees bring with them a unique set of legal issues of which businesses should be aware. Here are some ways to get ready for this year’s youth initiative. Read more

Unions, politics, and money
(May 9, 2008)

From the HR Hero Line
Earlier this year, the Wall Street Journal reported that labor political spending was about half of business spending. After the passage of the McCain-Feingold Act, which was intended to restrict business and union election spending, however business spending began to decline while labor spending continued to increase. The Journal's "gap" is misleading, in part because reported union spending understates both the actual dollars and delivered value. Read more

Attacking motherhood and apple pie
(May 9, 2008)

From the HR Hero Line
What could be more noxious to the American soul than an assault on motherhood?So who in his right mind would take on mom? It's you, the American employer, if you believe the Equal Employment Opportunity Commission's recent charge statistics. Read more in this week's HR Hero Line

HR director sentenced to jail
(May 9, 2008)

From the HR Hero Line
Among midlevel line managers and supervisors, the HR department often is viewed as the enemy -- standing in the way of terminations, requiring "reasonable accommodations," or conducting investigations. Therefore, good personnel officers develop strategies to provide service to company management and show that their department exists to help, not hinder, the company's operating, production, and sales components. Read more

Employee shooting results in unusual liability
From Delaware Employment Law Blog
(May 9, 2008)
A preventative workplace violence strategy can be an important best practice. One common prevention tool popular among employers today is the Employee-Assistance Provider (EAP). Considered by many to be an effective way to intervene before little troubles become big problems, EAPs have enjoyed increased popularity over the past several years. The recent settlement by an EAP in a case involving a fatal workplace shooting may shine new light on just how much influence this type of service may have over your employees and how much risk you incur if you don’t set clear policies with your EAP. Read more

Technology and HR
(May 9, 2008)

From HR Hero Line
Do you think your company could make better use of technology for HR? What sort of technologies are you not using that you think might be helpful? What are the biggest challenges you face in adopting new technology? Those questions and more are part of this month ’s HRhero survey on technology and HR. We’ll report the results next week and you can see how other HR pros are using technology and what their challenges are. Take the survey

Employers providing cells phones/PDA's -- beware the IRS!
From Labor and Employment Law Blog
(May 6, 2008)
Are you providing cell phones or PDA's to your employees? If you are, you need to beware of the Internal Revenue Service which has started to review of personal use of company-provided cell phones in its audits. Why does the IRS believe there is an issue? Read more

Way cleared for genetic discrimination bill
From HR Hero Alerts
(May 2, 2008)
On Thursday, May 1, the U.S. House of Representatives approved the Genetic Information Nondiscrimination Act (GINA), which prohibits employers from using genetic information in a broad variety of employment decisions. The U.S. Senate approved the bill on April 24 and it is now on it's way to the White House where it's expected to gain President Bush's signature. Read more

Governor signs New Jersey Paid Family Leave Act
From New Jersey Employment Law Service
(May 5, 2008)
On May 2, 2008, Governor Jon Corzine signed the Paid Family Leave Act, making New Jersey the third state in the nation to allow employees to take up to six weeks of paid leave to care for a newborn or sick family member. Employees may start taking paid family leave as of July 1, 2009. Read more

Can employer limit employee's time to file claims?
From Employer Law Report
(May 5, 2008)
It may seem odd to include a statement in an employment application or offer that limits the time that an employee has to file legal claims that may arise later in the employment relationship. Recent case law, however, suggests that it's something all employers should consider and decide if it's appropriate for their business and their employees. Read more

Pimping out Pam
From That's What She Said
(May 9, 2008)
It is truly my honor to take over this blog for my good friend, Julie Elgar. She has provided us all with great practical and legal tips over the past year, and we will miss her. Though big shoes to fill, I promise to do the same, and I guarantee that we ’ll all have fun. As a former HR professional myself, I understand the importance of humor in the face of our daily challenges. Well, this week’s episode gives me the opportunity to talk about HR Rule #1: Never offer up your employee’s body for bidding. Michael’s attempt to lure Justin to Dunder Mifflin by letting him know that Pam is the “office hottie” and that she will “do” him given her reputation for dating her co-workers is just not good manners. Read more

Workplace bullying = $325,000
From The Word on Employment Law with John Phillips
(May 9, 2008)
In what may be the first workplace bullying case of its kind, the Indiana Supreme Court has upheld a verdict of $325,000 against a bully of a doctor. The suit was filed against the doctor by a hospital operating room perfusionist (the person who operates the heart/lung machine during open heart surgeries). Read more

Economy, talent drought may force diversity
(April 20 , 2008)
From Diversity Insight
Leaders of international executive search firm Epsen Fuller have noticed severe deficits in diversity at the executive level. The firm’s research reveals that only 10 percent of Fortune 500 CEOs are women. Among the chief financial officers — a pool for CEO talent — women represent a measly 10 percent in Fortune 1,000 companies. And when it comes to minorities in the top ranks, the numbers dilute even more: Only four percent of minorities are in executive positions. Read more

Be prepared if an inspector knocks at your door
(May 9, 2008)
From Northern Exposure
In most Canadian provinces, occupational health and safety legislation provides for government inspections. Besides random or regular audits, workplace accidents often will prompt inspections, and especially where an accident has taken place, prosecution of the employer and managers is a potential outcome. Inspectors generally have broad powers to enter a workplace, operate or test machinery, interview employees, and seize records, samples, or equipment. Read more

The Three Signs of a Miserable Job
From Resources for Humans
(May 9, 2008)
A review by Paul Knoch
I first became interested in reading The Three Signs of a Miserable Job by Patrick Lencioni after listening to him speak at a leadership conference. Lencioni told the story of how he grew up watching his dad drag himself to a job he did not enjoy each day. Even as a young man, Lencioni began to wonder why anyone would spend eight hours a day doing something that makes them miserable. Read more

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