Category Archives: Hiring/Termination

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DOL Provides More Guidance on the FFCRA

The DOL has been working overtime attempting to clarify and answer questions on various aspects of the Families First Coronavirus Response Act (FFCRA). As we reported last week, the DOL issued its “Employee Rights” poster, along with initial guidance in the form of “Questions and Answers.” On Thursday night (March 26) and then again on Saturday evening … Continue Reading

DOL Issues New FFCRA Poster and Further Guidance

Yesterday, the Department of Labor (DOL) issued the much-anticipated “Employee Rights” poster or notice concerning the Paid Sick Leave and Expanded Family and Medical Leave components of the Families First Coronavirus Response Act (FFCRA).  Click here to access the poster. Along with the poster, the DOL provided some much needed guidance on various aspects of … Continue Reading

LGBTQ Rights in Employment: Does it Boil Down to the “Bathroom Use” Question Again?

Ver la versión en español aquí When the first transgender discrimination case reached the U.S. Supreme Court, Chief Justice Roberts asked, “What do we do about bathrooms?” Now, The Supreme Court has been asked the question: Does Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination at work, apply to discrimination … Continue Reading

“5 Tips to Help Avoid Employment Lawsuits” Key Takeaways

Ver la versión en español aquí Last week, I had the pleasure of presenting at the Coral Gables Chamber of Commerce’s IMPACT Series: A Seminar Series for Small Business. The audience was comprised of business and human resources professionals across several sectors. For those of you who were not able to attend the presentation, I … Continue Reading

Automation and the ADA

Ver la versión en español aquí With rapid automation there comes a tipping point for the need of humans in the workplace. Automation will become so pervasive that companies will need to cobble together remaining job duties into hybrid job positions to be performed by the remaining human employees. Is this the future? No, it’s … Continue Reading

New Developments on Temporary Protected Status and Work Authorization

Ver la versión en español aquí Over the past several months, the Department of Homeland Security (DHS) has terminated temporary protected status (TPS) designation for Sudan, Nicaragua, Haiti and El Salvador. The citizens of these countries in TPS will lose their work authorization and the right to remain in the United States.  A federal court … Continue Reading

Recruiting with Technology? Don’t Forget the “Human” in Human Resources

Ver la versión en español aquí The public is generally familiar with the fact that Amazon.com, Google and other technology companies use computer programs and artificial intelligence to predict consumer behavior – think about the pop-up ads that seem targeted just to your interests. However, we recently learned that artificial intelligence (AI) recruiting tools may not … Continue Reading

This Is Important: Employers Need To Immediately Update Their FCRA “Summary Of Rights” Form

Ver la versión en español aquí Effective September 21, 2018, employers who use outside agencies (consumer reporting agencies) to conduct employee background checks must use a new (and revised)  “A Summary of your Rights Under the Fair Credit Reporting Act” form. This updated form is one of the many notices employers must provide under the Fair … Continue Reading

Competing for Workers: Pay More? Or Pay More Frequently?

Ver la versión en español aquí Unemployment rates are at historic lows and the economy is booming! That’s good news for business, right? Yes…and no. While low unemployment creates more demand for the goods and services offered by companies, it also means that employers will have to compete for an ever-shrinking pool of workers. This … Continue Reading

“You’re Too Experienced” – Age Discrimination?

Ver la versión en español aquí In January 2015, the Equal Employment Opportunity Commission (EEOC) filed a federal lawsuit in Miami, Florida, against Seasons 52, a national restaurant chain.  The EEOC alleged Seasons 52 discriminated against older job applicants at 35 of its restaurants nationwide. During the litigation, the EEOC presented testimony from over 135 … Continue Reading

Top Takeaways from Our 28th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight. Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar. Monelle Petgrave, Amadeus … Continue Reading

“What Did You Make at Your Last Job?” – Is That Still a Question?

Ver la versión en español aquí Amazon recently made a voluntary decision to ban the use of salary history questions during the employment application process. Why? The idea is that banning questions about salary history aims to close the gender pay gap. According to the Census Bureau, women make 80% of every dollar a man makes. … Continue Reading

Work Authorization for Honduran and Nicaraguan Nationals in TPS

Ver la versión en español aquí On Friday, the Department of Homeland Security (DHS) announced that Temporary Protected Status (TPS) for Honduran nations will be extended by six months, to July 5, 2018, while the administration decides whether to continue TPS designation for Honduras. The DHS also announced that it would not renew TPS designation … Continue Reading

Employer’s Honest Mistake Bests FMLA Retaliation Claim

We all know that honesty is the best policy but what about an honest mistake?  Can an honest mistake save you from liability in a retaliation lawsuit under the Family and Medical Leave Act (FMLA)? Just last month, federal appeals court in Pennsylvania said – Yes. In Capps v. Mondelez Global, LLC, the federal 3rd … Continue Reading

Could the Applicant Salary History Question Become History?

Salary history is one of the most commonly asked questions on employment applications. Knowing what a prospective employee currently earns or what they’ve earned in the past can provide you with valuable information to guide your decision as to whom ultimately to hire: It allows you to determine whether the candidate is in the same salary … Continue Reading

Words Matter: Preparing for a Reduction in Force

Ver la versión en español aquí  A few weeks ago, four former Hewlett-Packard employees between the ages of 52 and 63 filed a class action lawsuit in California alleging that HP engaged in age discrimination, and terminated their employment, in connection with a paring-down and restructuring of its workforce. HP has denied the allegations of discrimination, … Continue Reading

Top Takeaways from Our 26th Annual Labor & Employment Law Seminar

Ver la versión en español aquí With over 400 attendees from more than 200 employers, our 26th Annual Labor & Employment Law Seminar was a huge success! Thank you for allowing us to keep you “on Track”. For the first time this year, following our morning sessions, attendees were able to choose from our “high-speed” track designed for … Continue Reading

New OPT Rule for STEM Grads – Some Good, Some Not So Good?

Ver la versión en español aquí For the last several months, foreign students in F-1 status and potential employers have been living in limbo. A federal district court invalidated the Department of Homeland Security’s rules providing additional time in Optional Practical Training for STEM graduates (graduates with degrees in Science, Technology, Engineering, or Math).  The … Continue Reading

The “Accidental” Termination?

Ver la versión en español aquí Rumors of more potential layoffs have been circulating for quite some time at the once internet giant, Yahoo. Despite reductions in its workforce by 14% in 2014, Yahoo’s economic woes continue.  So, it was not necessarily a surprise when approximately 30 employees were laid off in late January even … Continue Reading

Background Check Forms: One-Liners That Can Cost Your Business Millions in 2016

Ver la versión en español aquí If you ring in the New Year with a list of new year’s resolutions, chances are, your business should, too. For those who prefer to learn from others’ mistakes before they become their own, here is one simple resolution to put at the top of your HR Team’s list … Continue Reading

OMG! Your Policy Says What?

Ver la versión en español aquí Title VII, through the Pregnancy Discrimination Act (PDA), has expressly prohibited pregnancy discrimination since 1978. Thirteen years later, the Supreme Court, in Johnson Controls, told us that even well-intentioned, but facially discriminatory, gender and pregnancy based employment policies — like Johnson Control’s policy of prohibiting fertile women from working … Continue Reading
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