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All employers are required to verify the employment eligibility of their employees by completing a federal Employment Eligibility Verification Form I-9 for each worker. Employers can use self-audits to verify that the employment eligibility documentation kept on file for their employees is accurate. Recent changes Effective April 3, 2009, the list of documents acceptable to […]
Unemployment rates have skyrocketed, many companies have downsized or implemented hiring freezes, and everyone seems to be looking for a job. The current economic climate has created an employer’s market for most organizations. Although it’s desirable to have many candidates for open positions, human resources pros may be drowning in the deluge of resumes pouring […]
by Mark I. Schickman We have been telling you about a big legislative change to the federal labor law around the corner, titled the Employee Free Choice Act (EFCA). If passed (which appears likely), it will require labor union recognition based on employee petitions without any union election. Of course, that move all but eliminates […]
by Timothy F. Murphy This week, to review what has and hasn’t changed under the amended Americans with Disabilities Act (ADA), we’re taking a look at a disability discrimination cases that deals with essential job functions and reasonable accommodation. Determining the truly essential functions of a job is often at the heart of a disability […]
Have you ever tried to discipline an employee for workplace misconduct only to hear for the first time that his disability caused the misconduct? Did you then wonder how you should proceed? If that has ever happened to you, then the Equal Employment Opportunity Commission’s (EEOC) recent guidance, “The Americans with Disabilities Act [ADA]: Applying […]
In these troubled economic times, the Occupational Safety and Health Administration (OSHA) has hit upon a sure-fire way to increase government revenue without any extra work or change in procedures. If it wasn’t so ominous for employers, we might be tempted to applaud the agency’s ingenuity and audacity. Required federal and state workplace posters, including […]
(Updated Dec. 4, 2009) by Douglas R. Chamberlain When facing financial difficulties, employees often look to their retirement plans as a possible source of needed funds. Many plans offer participant loans or permanent withdrawals, the latter generally on a hardship basis. However, plan loans and withdrawals can jeopardize the employee’s retirement benefits, and both are […]
The changes promised by the Obama administration are beginning to take hold at the federal agencies regulating the workplace. Typically, the change in leadership can be a strong predictor of the changes in policies and directions that will be pursued by a new administration. Not surprisingly, the changes that already have occurred suggest that we […]
In past issues of HR Hero Line, we’ve examined the FMLA regs issued by the Department of Labor (DOL) in November 2008. This week, the attorney editors of the Kentucky Employment Law letter examine a few more changes made by the new FMLA regulations including holidays, joint employers, leave for pregnancy and childbirth, and employer […]
As employers know, certain employees aren’t entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). The most common exemptions include the executive, administrative, and professional exemptions. Because the administrative exemption is more nebulous than the executive and professional exemptions, employers often misclassify non-exempt workers as exempt administrative employees. Although it should be […]