Category: HR Hero Line

HR best practices, employment law tips, news and analysis, Q&As, and lessons learned from the courtroom.

I9

New I-9 does not change sticky compliance issues

by Lori Chesser and Elizabeth Van Arkel On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released an updated I-9 employment eligibility verification form to replace all prior versions. The new I-9 must be used by all employers starting September 18, 2017. The new version contains relatively minor technical corrections.  Automatic EADs While it […]

Reeling from recordkeeping? Sound strategy makes the task manageable

A seemingly vast array of laws requires employers to create and store an equally vast array of records, and keeping up with the task is enough to make anyone’s head spin. The chore is less daunting, though, with some advice and a plan. Ryan A. Olson, an attorney with the Felhaber Larson law firm in […]

Gig

Gambling on independent contractor status? Stack the deck in your favor

by Gary S. Fealk Smart businesspeople are adept at finding ways to reduce their costs. However, cutting costs associated with employment by using independent contractors is a big risk unless you take great care to make sure you aren’t misclassifying employees as independent contractors.  What’s all the fuss about? Various government agencies have been increasingly […]

Writing effective workplace investigation reports

by Karen McAndrew When a lawsuit alleging discrimination, harassment, or retaliation arrives at your door, will you be prepared to defend it?  Why documentation is important We all hope, of course, that our workplace culture prevents employees from experiencing unlawful harassment, discrimination, or retaliation; that we have good, solid policies in place to address any […]

Alt-right protests: Protected off-duty activity or cause for termination?

It’s an employer’s nightmare. An employee shows up in a video making the rounds on social media taking part in a protest that includes violent clashes and racist insults. The employer wants no association with such actions and decides to cut ties. Will there be legal trouble if the employee is fired? Possibly, according to […]

Solar eclipse presents opportunities for fun at work, but be careful

Much of the country will go dark in the middle of the day on August 21 during the solar eclipse, but employers shouldn’t be in the dark about the opportunities – and a few risks – the event presents. Although all of the United States will experience at least a partial eclipse, not all will […]

DOL issues directive on visa program fraud and abuse

by Elaine C. Young We recently fielded a call from a client’s in-house employment counsel, who noted that the U.S. Department of Labor (DOL) seems to be rolling back employee protections, making her job a little easier. But then she observed that isn’t the case with immigration. The DOL is scaling back protections, except with […]

Prevent discrimination against immigrant workers with sound I-9 practices

No employer wants to be the target of federal regulators on the hunt for workers not authorized to hold jobs in the United States. And no employer wants to be vulnerable to a national origin discrimination lawsuit. But both potential problems can be the result if an employer handles the employment verification process poorly.  Recent […]

FMLA leave for school-related activities and child care

by Elizabeth B. Bradley It’s that time of year—summer vacations are wrapping up, and your employees’ children and grandchildren are heading back to school. Now is a good time for a Family and Medical Leave Act (FMLA) refresher, with a focus on the requirements for leave related to school activities and child care, for which […]

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Promoting from within? Take care to ease transition for new supervisors

It may seem a no-brainer for an employer looking to fill a supervisory position to offer the job to one of the nonsupervisory stars in the organization. Promoting from within can be a smart choice for many reasons, but the transition from underling to supervisor also can be problematic if management doesn’t take steps to […]