The job interview process is a breeding ground for discrimination complaints. One common mistake: asking job applicants inappropriate questions about their nationality, marital status, religion, disabilities and other characteristics that discrimination laws ban you from considering when making hiring decisions. Applicants on the receiving end of such questions are apt to … [Read more...] about Job interviews: How to ask personal questions without committing discrimination
Compliance
Why the new Massachusetts law matters, regardless of where your firm is located
Massachusetts recently signed into law An Act to Establish Pay Equity, S.2119, which takes effect on July 1, 2018. The new law prevents wage discrimination based on gender. The law includes several noteworthy changes related to the employment process, but perhaps the most significant is that it prohibits employers from requiring applicants to provide their salary history … [Read more...] about Why the new Massachusetts law matters, regardless of where your firm is located
Avoid these tricky ADA pitfalls when hiring staff
Every manager is aware of the wider doorways, lever handles, curb cuts and so on required by the Americans with Disabilities Act (ADA). And every manager is aware of providing accommodations for employees. But not every manager is aware of the less obvious ADA requirements that apply to electronic job applications, says Beth Loy, PhD, principal consultant with the Job … [Read more...] about Avoid these tricky ADA pitfalls when hiring staff
What to do when you suspect substance abuse in the firm
By Lynne Curry, Ph.D, SPHR bio He's one of your best litigators, but is he worth the risks he takes that could backfire on the practice—or are there ways to mitigate those risks? Rumors abound fueled by his erratic behavior and the behavior changes that his regular trips to the bathroom create. You suspect substance abuse, but if you tackle these problems, will you … [Read more...] about What to do when you suspect substance abuse in the firm
Protect your firm from costly EEOC claims with these three layers of protection
To avoid the risks of employment law claims, an office needs three layers of protection, advises employment law attorney Peter T. Mavrick of Ft. Lauderdale, FL. They are: A handbook, A procedure for progressive discipline, and Candid reviews. With those three elements in place, the office is safe from just about any type of EEOC claims. Here's what each … [Read more...] about Protect your firm from costly EEOC claims with these three layers of protection
Five dangers in dealing with harassment complaints
As with firing, the rules are well known, yet employers still fall into the common violations that spawn claims of sexual harassment, says management consultant Joseph Godwin of F&H Solutions Group in Asheville, NC. Here are five areas that warrant attention. 1. No, it's not sour grapes Don't dismiss any complaint, particularly one from a fired or demoted employee, as sour … [Read more...] about Five dangers in dealing with harassment complaints
How the FLSA’s updated rules regarding overtime affects your firm
By Sandra Hoyle-Smith, SPHR bio President Obama and Secretary Perez recently announced the publication of the Department of Labor's final rule updating the overtime regulations, which will automatically extend overtime pay protections to over 4 million workers within the first year of implementation. What does this mean for you? Between now and December 1st, you will … [Read more...] about How the FLSA’s updated rules regarding overtime affects your firm
How a comment about wages can lead to a costly retaliation claim
A retaliation claim is expensive to defend and even more expensive to lose. And it's easy for employees to file one in matters related to the Fair Labor Standards Act (FLSA), which covers wage and hour law. In the past, a retaliation claim for complaining about pay and hours was valid only if the employee put the complaint in writing. However, a U.S. Supreme Court ruling says … [Read more...] about How a comment about wages can lead to a costly retaliation claim
EEOC issues final rules on employer wellness programs
The U.S. Equal Employment Opportunity Commission (EEOC), which enforces federal laws prohibiting employment discrimination, has issued final rules that describe how Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs offered by employers that request health information from … [Read more...] about EEOC issues final rules on employer wellness programs
Changes to watch for in disability and absence management
Employee leave continues to undergo change and become increasingly complex. Although several regulations, such as the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act and Amendments Act (ADA/AA), have been in place for several years, legal interpretation and application are subject to ongoing clarification. Meanwhile, regulatory initiatives under the … [Read more...] about Changes to watch for in disability and absence management