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.
Regardless of the industry or the current state of the economy, conducting a criminal background screen on employment candidates has become standard practice for many employers. It is not so much the practice that presents the issue as it is the potential result. To that point, the critical question becomes, what does an employer do if the background check reveals a criminal record?
Your employee has requested to bring her dog to work in relation to a medical condition. She has even provided you a certificate illustrating that this is a service dog. What do you do? To determine whether you have an obligation to grant an employee’s request for accommodation, including the request to bring an animal to work, you must engage in the interactive process required by the ADA. Failing to engage in the interactive process can result in legal liability for your organization.
For many employers they have become obsolete and for others they still exist, but only as a small part of a much grander process. However, there are still some employers who continue to only evaluate their employees once per year – either because they have determined that once a year is sufficient or because they haven’t considered other options. 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.
In December, many employers reward employees with cash bonuses, which can be great motivators when they are designed to reward employees who meet or exceed their performance goals. Year-end bonuses also contribute to the holiday atmosphere of generosity and gratitude. But did you know that year-end bonus payments can pose traps for the unwary employer?
While decorations and parties can potentially have a positive effect on employee morale, they are often tempered by the competing interests of promoting diversity and inclusion within the workplace and the attendant risk of a religious discrimination claim. So how does an employer navigate its way down Candy Cane Lane without running afoul of state and federal civil rights laws?
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.
Thirty-three states and the District of Columbia have legalized medical marijuana in one form or another, and ten states and the District of Columbia have legalized it for recreational use to varying degrees. As recent successful ballot initiatives have shown, with three new states approving some form of marijuana use in 2018 alone, marijuana is becoming increasingly accepted across the country. Which means it’s becoming increasingly likely that eventually you will have to confront how this panoply of marijuana laws impacts your workplace. And — surprise, surprise — that turns out to be much more complicated than it may at first seem.
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.
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