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Don’t Let the Fair Credit Reporting Act Catch You Unprepared!

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

Periodically, we issue article updates on the Fair Credit Reporting Act (FCRA), the legislation enacted to promote accuracy, fairness and privacy for consumer information stored and used by consumer reporting agencies. Hiring organizations need to be aware of FCRA regulations, because in some instances they can be held liable if their reporting agency violates them. Right now, we are monitoring several issues that may affect business owners’ rights. Two that could have significant impact follow….

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Study Finds Minimum Wage Increase a Mixed Bag

By Employment News, Hiring, Policies and Procedures

For business owners in industries whose profit – or even viability – relies on filling positions with minimum wage workers, the possibility of a $15 an hour minimum wage is worrisome. Business leaders, or anyone concerned with the impact of a higher minimum wage, should take a look at a recent report by the Congressional Budget Office (CBO). Based on an analysis that examined the impact of a $15 an hour minimum wage, the report…

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ADA Alert: Wal-Mart Decision to Jettison Greeter Jobs for More Demanding Positions May Have Broad Repercussions

By ADA, Best Practices, Employment Law, Harassment and Discrimination, Worker Disability

In March of this year, Wal-Mart made headlines when it announced more reductions in its “Greeter” position as part of an ongoing phase-out of Greeters in favor of “Customer Hosts,” whose positions are more physically demanding. Walmart told Greeters across the country that their positions would be eliminated. They were invited to reapply as Customer Hosts, a role that requires employees to be able to lift 25-pound packages, climb ladders and stand for long periods of…

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Summer Interns – What Compensation Does the Law Mandate?

By Affordable Care Act, Best Practices, Employment Law, Hiring, Interns, Payroll, Policies and Procedures

If you are hiring – or have hired – summer interns, are you up to date on how you need to compensate them, if at all? Traditionally, most interns worked over the summer for the experience and to build their resumes. However, unpaid internships have come under more scrutiny in recent years, not only regarding wages but also for potential benefit eligibility under the Affordable Care Act. Historical guidance, as reflected in the Department of…

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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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Sexual Harassment Training: More Important than Ever

By Harassment and Discrimination, Policies and Procedures, Risk Management & Safety

With famous individuals continuing to fall like dominoes as allegations of sexual misconduct or harassment continue, the Equal Employment Opportunity Commission (EEOC) is stepping up enforcement. In FY 2018, the EEOC recovered nearly $70 million for sexual harassment victims, compared with $47.5 million in FY 2017. As a result, all business owners should be evaluating their corporate stance on sexual harassment, and making sure they know exactly what does, and doesn’t, cross the lines. Fortunately,…

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Compliance Tips for 2019

By Best Practices, Employment Law, OSHA Regulations, Policies and Procedures

As we head toward the new year, following are some considerations for compliance in various areas. Staying on top of these will help keep your firm out of trouble while minimizing expenses and payroll. Payroll compliance is often more about correct interpretation of the law than math. If you are having trouble discerning between employees and independent contractors, look to the IRS guidelines for direction. Some—but not all—employee discounts qualify as income. Learn the difference. Even…

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Are Placement “Registries” Employers ? A Recent Agency Bulletin Suggests Not, but Caveats Remain

By Best Practices, Employment Law, Policies and Procedures

In July 2018, Bryan Jarrett, Acting Administrator of the Department of Labor (DoL), issued Field Assistance Bulletin No. 2018-4 (FAB) to help Wage & Hour Division (WHD) field investigators determine whether home care, nurse, or caregiver registries are employers under the Fair Labor Standards Act (FLSA). Registries aren’t employers – they are “worker matching services,” in this case, matching people who need care giving services with the caregivers who provide them. For this registry, the caregivers were home health…

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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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