Category

Hiring

I-9 Forms of ID: A Great Tale About What’s Acceptable, or Not

By | Employment Law, Harassment and Discrimination, Hiring

Recently, one of our immigration lawyers sent us an update about a situation where a prospective employee couldn’t provide proper documentation for his I-9. The form of ID provided was an Allodial American National Identification Card, which is not an accepted form of identification listed on the I-9 instructions — and “Native American” is not a federally recognized tribe. She noted that applicants are not required to present social security cards for I-9 purposes, but…

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Workplace “Body Art” − An Update

By | Best Practices, Employment Law, Harassment and Discrimination, Hiring

Author’s note: In August, 2017, we published an article about the growing incidence of body art (tattoos and piercings) in the workplace. At the time, we talked about what the trend meant for employers, and what their rights were, when it came to restricting visible body art. A year later, we wanted to revisit the topic. In 2015, the ABA called “Grooming, religion and body art the new frontier in workplace discrimination.” Depending on the industry,…

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Don’t Run Afoul of the Fair Credit Reporting Act!

By | Best Practices, Employment Law, Hiring, Risk Management & Safety

Author’s Note: We originally published this article in 2014, and it still holds true today. In fact, with “Ban the Box” and “Fair Chance” laws, which are designed to level the playing field for people with criminal histories, and with new restrictions on the handling of personal information, navigating the maze of background check rules has become even more difficult. Add to this new “salary ban” laws—which prohibit employers from asking about prior salaries—and compliant…

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Summer Reading – What’s On Your List?

By | Best Practices, Employment Law, Employment News, Harassment and Discrimination, Hiring, Technology in the Workplace

As we head toward the true start of summer, many of us look forward to reading a good book while on vacation at the beach or in the mountains. While summer may be a great opportunity for R&R, we thought our clients might also like to stay abreast of some issues that affect them as an employer. Enjoy! Supreme Court Decision Supports Employer Rights in Dispute Arbitration: In late May, the Supreme Court found that…

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Contractor or Employee—Has a “Business Friendly” Administration Relaxed the Rules?

By | Employment Law, Hiring, Policies and Procedures

Last year, President Trump withdrew two Obama-era Department of Labor (DOL) “Guidance Letters,” one of which had made it more difficult for companies to safely classify workers as independent contractors. Some national organizations hailed withdrawal of the guidance as “pro-employer,” but Marathon recommended companies continue to be very cautious with their determinations. Now, we are reiterating that stance. With the withdrawal of the guidance letter, a 2015 “multi-factor test” was no longer relevant. However, the…

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US Dept. of Labor Issues New Guidance on Interns, Increasing Employer Flexibility

By | Employment Law, Hiring, News

In January, the U.S. Department of Labor (DoL) rolled out new guidelines that make it easier for companies to use unpaid interns, but some labor experts are warning the guidance is not a panacea. The update, published in a DoL guidance document on its website, sets a more flexible standard for employers than previous guidance. Now, interns must be the “primary beneficiaries” of the program—in other words, the programs must benefit the intern more than the…

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Employee Benefits—Managing Them for Everyone

By | Benefits & Insurance, Best Practices, Employee Retention, Hiring, Sick Leave

Employee benefits have become increasingly complicated for business owners as they struggle to address them for very different generations of workers. Baby boomers may want time off for elder care, while millennials may want extra paid vacation or flex time. Compounding the issue, workers have become increasingly willing to turn down a job offer—or even leave one company for another—to acquire the benefits package they desire. Organizations can address these concerns without negatively affecting the…

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The Trend Toward Workplace “Body Art” − What You Can Do

By | Best Practices, Employment Law, Hiring

With Millennial workers (and many workers from other eras) increasingly adopting non-traditional body art (officially called body modifications), business owners are grappling with how to address this issue. Per a February 2016 Harris Poll, 47 percent of Millennials and 36 percent of Gen X respondents have at least one tattoo, and that percentage is only going to rise. Tattoos and piercings may be fine for businesses that want to be perceived as “edgy,” but what…

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Closing Out the Year

By | Benefits & Insurance, Best Practices, Employment Law, Hiring

As you’re wrapping up the year, I’m sure you’re making your end-of-year to-do list and checking it twice. There are numerous HR tasks to manage and strategies to consider at the year’s end. Affordable Care Act compliance and reporting, preparation for compliance with new state or federal regulations, succession planning and compensation strategies are just a handful of items on the larger list of year-end activities. It can certainly be overwhelming, but the more organized…

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Numbers Needed

By | Employment Law, Hiring, Payroll

A Taxpayer Identification Number (TIN) is an identification number used by the IRS in the administration of tax laws. It is issued either by the SSA or by the IRS. A Social Security number (SSN) is issued by the SSA and all other TINs are issued by the IRS. U.S. citizens and lawful aliens must use a SSN on their employment tax forms. Nonresidents and resident aliens may have an Individual Taxpayer Identification Number (ITIN),…

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