Know about discriminatory practices to avoid. Federal employment discrimination law does not prohibit employers from requesting or obtaining criminal history information about applicants and employees. However, an employer’s use of such information could result in a claim of discrimination.
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For many employers, performance evaluations have become obsolete and for others they still exist, but only as a small part of a much grander process. Unfortunately, the annual performance evaluation by itself seldom provides any benefit, is often dreaded by managers and employees alike, and can be incredibly time consuming.
HIPAA rules require group health plans to provide special enrollment opportunities to certain employees, dependents, and COBRA qualified beneficiaries. Being aware of special enrollment situations is important, along with making sure special enrollment rights are communicated.
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Malware ramps up, hacktivist sentenced, mortgage docs exposed, router hijacking and more.
Employers must have an Employment Eligibility Verification (Form I-9) for every person on their payroll who is required to complete it. The next steps are to determine how long to keep your I-9 Forms, how to store them, and what to do if the government asks to inspect your forms. Not only is compliance essential for a government inspection, but also ensuring that any corresponding documentation with personal information stays out of the wrong hands — since the forms collect personal information about your employees.
A detailed job description is a helpful document when properly updated. Job descriptions often come into evidence as an exhibit in employment, workers’ compensation, and personal injury matters. If they are not updated, an employee can testify that their job duties have evolved over the years and leave room for interpretation by a judge, jury, or hearing officer what that employee’s job duties actually entailed.
How has the #metoo movement impacted claims against employers? The U.S. Equal Employment Opportunity Commission (EEOC) announced preliminary FY 2018 sexual harassment data last week. The EEOC filed 66 harassment lawsuits, and 41 included allegations of sexual harassment. That reflects more than a 50% increase in suits challenging sexual harassment over last year.
“If we get sued, you get sued!” Sounds warm and comforting, right? I bet you cannot wait to partner or contract with a company that already has litigation on its mind. Nevertheless, these types of statements are common, and once formalized by lawyers, are called “indemnification clauses.” They are often necessary but can be very broad and potentially catastrophic to your business.
Nonprofits are certainly not immune to conflicts. The cost of a nonprofit lawsuit will sometimes climb to around a half million dollars — notwithstanding any award that may be owed as a result. A board's decision could expose the nonprofit and its directors to a claim or lawsuit. In order for a nonprofit to protect its mission and its board members’ personal assets, directors and officers (D&O) insurance may be a crucial investment.
Opioid use and abuse is becoming an increasing part of the national conversation — so much so that the Department of Transportation (DOT) recently changed its drug testing protocols to include several common opioids, which may impact how employers with DOT obligations administrate their drug testing programs. However, concerns about the impact of opioids in the workplace go well beyond DOT drivers, and many current non-DOT drug tests include screens for opioids. So what happens when someone tests positive? And should it matter whether they have a legitimate prescription for the opioid?
Many employers, especially multi-state employers, have been bogged down by the myriad laws and ordinances springing up throughout the country related to paid sick and family leave. The New York Paid Family Leave (PFL) law is one of many such benefits. PFL is a benefit for people who perform work in the state of New York, regardless of where an employer is headquartered or where an employee lives. While PFL coverage became effective on January 1, 2018, some employers are still unaware that they are subject to the law.
When an employee takes a leave of absence, many employers struggle to determine the impact the leave will have on employee benefits. Must the employee's benefits continue? Which ones? Who pays? While some employee benefits have mandatory requirements under certain leave laws, many do not. Leave of absence benefit eligibility and administration is something best to consider early and apply consistently.
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