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Jul 05, 2022
To survive dismissal, a claim under Title VII of the Civil Rights Act of 1964 must raise an inference of discrimination above a speculative level. This can be done with a handful of facts that suggest discriminatory motives for employment decisions.
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Jul 05, 2022
Even in California, an employer can avoid wage payment liability when it honestly believes that a worker was an independent contractor.
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Jul 04, 2022
One of the things that research tells us is highly important for employees is the ability to grow and develop. If they can't do that within your organization, they'll look elsewhere for these opportunities. AI can help you ensure that you're not overlooking employees who are poised to move on to bigger and better responsibilities.
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Jul 04, 2022
?An employee seeking overtime pay could bring his claim to trial because the employer failed to show that the worker was an exempt employee, a California appeals court ruled. The burden is on the employer to show exempt status, and the employer did not do so; therefore, the trial court erred in dismissing the claim, the court said.
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Jul 04, 2022
North American companies purchased more robots in the first quarter of 2022 than they did in any single quarter on record. The increasing investment in robots comes at a time when human resource executives are grappling with the impact of the Great Resignation, labor shortages, salary increases and the ongoing issues created by the COVID-19 pandemic.
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Jul 04, 2022
Take the guesswork out of the recertification process for maintaining your SHRM-CP or SHRM-SCP credential. When you see the SHRM Recertification Provider seal, you know these programs have been preapproved for professional development credits. Here are the latest companies to be approved as SHRM Recertification Providers. Congratulations!
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Jul 01, 2022
Microsoft Corp. announced that it would disclose salary ranges for all job postings in the U.S., starting in January 2023, in response to the requirements of a new state...
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Jul 01, 2022
Google recently launched an artificial intelligence-powered preparation tool that will assist job seekers with the only tried-and-true method for getting better at interviewing for a job—practice.
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Jul 01, 2022
There are several ways to set pay levels for remote workers, and each approach has pros and cons. Which one to choose may depend on how an employer defines what's fair and equitable.
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Jun 30, 2022
Find the answers to common questions about coronavirus as it relates to the workplace in general, employee leave, and employer policies and practices.
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Jun 30, 2022
If a company lays off an employee, then some months later begins hiring for that employee's former position, is the company required to rehire the laid-off employee? How can employers keep up morale when employees have to work holidays? SHRM President and CEO Johnny C. Taylor, Jr., SHRM-SCP, answers HR questions each week for USA Today.
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Jun 30, 2022
On June 8, the California Department of Public Health (CDPH) issued an Order defining close contact and infectious period for purposes of the CDPH's isolation and quarantine guidance issued on April 6.
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Jun 30, 2022
California employers need to brace themselves and prepare for the minimum-wage hikes going into effect in several cities across the state on July 1.
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Jun 30, 2022
Austin, Texas, approved the "Creating a Respectful and Open World for Natural Hair" (CROWN) Act, barring employers and other public entities from discrimination based on hair texture or hairstyle. Read more about the CROWN Act and where it stands federally.
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Jun 30, 2022
New employees may be more susceptible to injuries because they aren't always familiar with every task and safety protocol. Research shows that new workers are more likely to get hurt on the job.
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Jun 30, 2022
A recent opinion from the United States Court of Appeals for the Fifth Circuit, applying Louisiana's law governing noncompetition agreements, reminds employers to establish an employee-employer relationship before entering into noncompetition agreement.
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Jun 30, 2022
A new law in Georgia is likely to reclassify many independent contractors as employees and trigger a host of liabilities and obligations for Georgia employers.
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Jun 30, 2022
The idea of the four-day workweek has been gaining popularity in recent years, especially given the shift in work schedules and locations due to the COVID-19 pandemic. Now, more companies in the U.S. are testing out the concept to see the impact it may have on employee retention and productivity.
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Jun 30, 2022
States reported that 231,000 workers filed for new unemployment benefits during the week ending June 25, a drop of 2,000 from the previous week's revised level. The number of workers continuing to claim unemployment benefits—1.3 million—is well below the pre-pandemic average of 1.7 million.
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Jun 30, 2022
For the first time a significant number of remote employees may be included in layoffs. Layoffs of remote employees present unique legal hazards for employers.
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Jun 30, 2022
?Whole Foods did not unlawfully discriminate by disciplining employees for wearing Black Lives Matter masks at work, an appeals court decided June 28, affirming a lower court decision.
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Jun 29, 2022
A school district was not liable for negligent hiring or negligent supervision because a high school teacher had a sexual relationship with one of his students, a...
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Jun 29, 2022
Employers that are providing travel benefits for abortion have a number of considerations, including the reputational risks of providing such benefits. Many employers...
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Jun 29, 2022
Employers that are providing travel benefits for abortion have a number of considerations, including the reputational risks of providing such benefits. Many employers are quietly making such benefits available, despite the unclear legality of doing so.
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Jun 29, 2022
The U.S. State and Treasury departments and the FBI have released a joint advisory warning about the inadvertent hiring of North Korean IT workers by American companies.
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Jun 29, 2022
The British Columbia Labor Relations Code now allows single-step certification of unions when the union can demonstrate support of 55 percent or more of the bargaining unit.
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Jun 29, 2022
An appeals court said it will reconsider President Joe Biden's executive order requiring federal employees to be vaccinated against COVID-19, setting aside a panel decision in April that had given the green light to the executive order.
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Jun 29, 2022
Organizations considering whether to add abortion-related benefits, such as out-of-state travel to a jurisdiction where abortion laws are more accommodating, should keep in mind several compliance and liability considerations, benefits advisors point out.
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Jun 29, 2022
These four maps show the geography of the Great Resignation—where workers are quitting, getting hired and remaining unemployed, according to the latest Bureau of Labor Statistics data.
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Jun 29, 2022
Employers soon may be forced to recognize unions and begin bargaining without ever letting their employees vote for or against the unions.
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Jun 29, 2022
A union established RLA discrimination when an offsite brawl resulted in the suspension of its leadership, but not a pro-railway member, the 5th U.S. Circuit Court of Appeals ruled.
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Jun 29, 2022
A school district was not liable for negligent hiring or negligent supervision because a high school teacher had a sexual relationship with one of his students, a California appeals court ruled.
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Jun 28, 2022
Designing and Managing Wellness Programs, How to Establish and Design a Wellness Program and more.
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Jun 28, 2022
The U.S. Equal Employment Opportunity Commission announced full implementation of the opportunity to select a nonbinary "X" gender marker during the intake process for...
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Jun 28, 2022
The U.S. Equal Employment Opportunity Commission announced full implementation of the opportunity to select a nonbinary "X" gender marker during the intake process for filing a charge of discrimination, fulfilling a promise made in March.
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Jun 28, 2022
For California employers, the law requires wage statements to provide hours worked and wage rates for the current pay period only.
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Jun 28, 2022
An arbitration agreement contained in the employee handbook of Nationwide Motor Sales Corp. failed because the signature page indicated that Nationwide could unilaterally change its terms, the 4th U.S. Circuit Court of Appeals ruled.
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Jun 28, 2022
While an employee with mild COVID symptoms did not have a disability, an employee experiencing more severe symptoms or long COVID-19 might be protected under California law.
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Jun 28, 2022
Conclusory allegations of gender discrimination are not sufficient to allow a plaintiff to survive summary judgment, according to the 6th U.S. Circuit Court of Appeals.
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Jun 28, 2022
The IRS launched a pilot compliance program that gives employers a 90-day window prior to an IRS retirement plan audit to fix any errors and pay either no penalty or a lower fee for voluntarily correcting plan mistakes.
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Jun 28, 2022
Women's employee resource groups (ERGs) are uniquely positioned to reveal the barriers that female employees face and advocate for workplace improvements. Learn more about the benefits of women's ERGs and how they can support hybrid and remote workers.
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Jun 27, 2022
After Roe v. Wade was overturned, Justice Clarence Thomas said that the Supreme Court should reconsider key rulings that legalized same-sex relationships and same-sex...
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Jun 27, 2022
?Low-code development platforms are on the cusp of becoming an extremely important part of organizations' strategy to empower non-IT employees to build their own applications. It's a crucial development at a time when digital transformation is advancing and there's a shortage of IT developer talent.
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Jun 27, 2022
Following the Supreme Court's ruling that states can restrict or end abortion access, more large U.S. companies said they will cover the cost for employees who need to travel out of state for abortions. They are doing so in varying ways, however.
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Jun 27, 2022
In the fast-paced world of social media networking, it can be easy to click "accept" on most friend and connection requests. However, taking a bit of extra time to verify that the proposed connection is who they say they are pays off when protecting your fledgling personal brand.
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Jun 27, 2022
The U.S. Supreme Court clarified the scope of the First Amendment's application to public employees in a case involving a football coach who was fired for praying while at school and visible to students.
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Jun 26, 2022
After Roe v. Wade was overturned, Justice Clarence Thomas said that the Supreme Court should reconsider key rulings that legalized same-sex relationships and same-sex...
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Jun 24, 2022
The U.S. Supreme Court decided that there is no constitutional right to abortion and upheld Mississippi's restrictions on abortion, a ruling that may lead employers to change their benefits.
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Jun 24, 2022
On April 21, the Alberta government introduced Bill 17, the Labor Statutes Amendment Act, 2022, which expands leaves under the Employment Standard Code (the ESC), effective May 31.
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Jun 24, 2022
Will pay structure changes limit employees' earning potential? What should a job applicant do if a hiring manager asks inappropriate questions? SHRM President and CEO Johnny C. Taylor, Jr., SHRM-SCP, answers HR questions each week for USA Today.
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Jun 24, 2022
HR students heard career advice from a group of senior HR leaders during a session at the SHRM Annual Conference & Expo 2022 in New Orleans.
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Jun 24, 2022
Along with "on demand" pay for hourly workers, payroll vendors have unveiled new technologies designed to give employees more control over their paychecks and have created new, chat-based apps to make it easier for small-business managers to run payroll from their phones.
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Jun 24, 2022
If Roe v. Wade is overturned, companies may add coverage of travel expenses to obtain abortions, or enhance benefits supporting new mothers who may be single or economically disadvantaged.
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Jun 24, 2022
Many employers are prepared to revisit employee benefits and leave policies in the wake the U.S. Supreme Court's June 24 ruling that overturned the Roe v. Wade decision and let individual states allow or restrict abortion access, a new survey of HR professionals by the Society for Human Resource Management (SHRM) shows.
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Jun 24, 2022
Germany obliges employers to hand out to their employees a written confirmation of the essential contractual terms and conditions. A European Union directive will extend the obligations to provide written confirmation.
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Jun 23, 2022
With the issuance of its spring regulatory agenda, the U.S. Department of Labor (DOL) announced that its proposed overtime rule is now tentatively slated to be issued in...
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Jun 23, 2022
?Helping employees cope with the death of a colleague or co-worker is not typically covered in leadership training or employee handbooks. However, the pandemic and other public health crises have prompted many organizations to create policies that address the needs of grieving employees while still achieving business outcomes.
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Jun 23, 2022
States reported that 229,000 workers filed for new unemployment benefits during the week ending June 18, a decrease of 2,000 from the previous week's revised level. The four-week moving average of 1.3 million workers continuing to claim unemployment benefits is the lowest level for this average since Jan. 3, 1970.
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Jun 23, 2022
A mandatory service charge applied to diners' final bills was not a "tip" and is properly considered part of employees' regular rate of pay, allowing the employer to use those payments to satisfy its wage obligations under the overtime exemption.
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Jun 23, 2022
While many multinational employers focus their mentoring efforts on expatriates who are sent from headquarters, including host country nationals in mentoring projects can enhance the professional development of everyone involved.
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Jun 23, 2022
As companies in India strive to get employees back into the office, even for a few days a week, many are facing pushback. But HR executives say employees should return to a physical workplace to improve engagement and innovation.
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Jun 22, 2022
The number of weeks of paid leave available to eligible employees in the District of Columbia pursuant to the Universal Paid Leave Act will significantly increase on Oct. 1.
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Jun 22, 2022
An important new piece of legislation in Colorado updates the notice requirements regarding unemployment insurance that employers must provide to employees upon termination.
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Jun 22, 2022
?Creating and insisting on a coachable management culture can help companies better find their next superstar employees. Motivational speaker and former NBA player Walter Bond shared how to take coaching lessons from the basketball court to the workplace.
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Jun 22, 2022
Illinois has enacted amendments to the Child Bereavement Leave Act, expanding the law's scope and renaming it the "Family Bereavement Leave Act."
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Jun 22, 2022
Illinois Gov. J. B. Pritzker has signed bills to make certain primary contractors liable for any debt owed by a subcontractor relating to the wage claimant's performance of labor for contracts entered into on or after July 1.
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Jun 22, 2022
Unprecedented circumstances have led managers to a more difficult balancing act when it comes to demonstrating empathy while also insisting on accountability in today's workplace, according to learning and development leader Jennifer Lee.
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Jun 22, 2022
Des Moines' "ban the box" law has received little fanfare and media attention despite its implications for employers.
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Jun 22, 2022
A white director of training development for a Chick-Fil-A franchise who was fired for commenting that a Black employee might be a "protester" shortly after George Floyd's death did not assert a valid legal claim, a federal district court ruled.
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Jun 21, 2022
One of Apple's U.S. stores, located near Baltimore, voted to unionize, a first within the country, the National Labor Relations Board announced.
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Jun 21, 2022
A Washington workers' compensation law applying only to federal contract workers at one federal facility in the state made it unconstitutionally easier for federal contractors to obtain workers' compensation, the U.S. Supreme Court ruled.
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Jun 21, 2022
Many companies engage in various activities and promote the importance of equality during Pride Month. But if Pride celebrations aren't coupled with meaningful action, then the organization is engaging in "rainbow washing," which can compromise recruitment and retention efforts while also discouraging workers from coming out at work.
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Jun 21, 2022
When employee compensation hasn't kept up with competitive pay rates, show company leaders that the 'check engine' light is flashing red, using data on market-based pay rates and employee turnover.
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Jun 21, 2022
When employee compensation hasn't kept up with competitive pay rates, show company leaders that the 'check engine' light is flashing red, using data on market-based pay rates and employee turnover.
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Jun 21, 2022
One of Apple's U.S. stores, located near Baltimore, voted to unionize, a first within the country, the National Labor Relations Board announced.
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Jun 21, 2022
Last week at the SHRM Annual Conference & Expo 2022 (SHRM22) in New Orleans, thousands of HR professionals received numerous nuggets of valuable advice. Here's an overview of several of them—one pearl per program.
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Jun 21, 2022
Can technology adequately support company culture in a hybrid or remote work environment? That's the question being asked by HR stakeholders now that virtual work is here to stay and as tech companies are introducing new features to address the lack of in-office spontaneity that can encourage free-flowing creativity while staving off employee burnout.
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Jun 21, 2022
An employer provides a reasonable accommodation only if it wholly eliminates the conflicts between the employee's religious belief and the employer requirement, according to the 3rd U.S. Circuit Court of Appeals.
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Jun 21, 2022
Supporting enterprise digital transformation as one of the top HR priorities for 2022—and it's a priority that is likely to continue long beyond that.
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Jun 21, 2022
An employee's state law claims against his employer were so closely related to claims that could have been brought before the National Labor Relations Board that the state law claims were pre-empted, the 9th U.S. Circuit Court of Appeals held.
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Jun 21, 2022
Court rulings allowing or dismissing recent 401(k) lawsuits have focused on whether the plan participants who are suing had a "concrete stake" in the dispute, such as whether they had actually invested in funds they allege are charging excessive fees.
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Jun 21, 2022
In a 7-2 decision, the U.S. Supreme Court made it harder to prove that a health plan violates the Medicare secondary payer rules when the plan requires patients to pay high out-of-pocket costs to treat kidney failure with dialysis, even if patients who switch exclusively to Medicare coverage, regardless of age, could have dialysis covered at less cost to themselves.
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Jun 21, 2022
Remote and hybrid workers present wage and hour compliance challenges for employers managing hourly workers, especially if are working remotely from more than one location.
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Jun 20, 2022
Despite delays and uncertainty about its implementation, one thing is for certain about New York City's new pay transparency law: A lot of lawyers are going to get paid exploring it and its fluid, dynamic nature.
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Jun 20, 2022
?Documenting employee actions and behaviors is a vital responsibility for managers, so much so that one leading employment attorney encourages employers to include it in managers' job descriptions. Allison West, Esq., SHRM-SCP, explained why during her "Seven Steps for Creating Bulletproof Documentation" concurrent session at the SHRM Annual Conference & Expo 2022 in New Orleans on June 14.
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Jun 20, 2022
?Documenting employee actions and behaviors is a vital responsibility for managers, so much so that one leading employment attorney encourages employers to include it in managers' job descriptions. Allison West, Esq., SHRM-SCP, explained why during her "Seven Steps for Creating Bulletproof Documentation" concurrent session at the SHRM Annual Conference & Expo 2022 in New Orleans on June 14.
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Jun 20, 2022
Columnist Jathan Janove gained an appreciation for economic theory as an employment law attorney and then as an HR coach and consultant. Certain applications can help HR evaluate and mitigate risk, he says.
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Jun 20, 2022
?In commemoration of Juneteenth, some companies are committing to hire at-risk youth. American Family Insurance and Delta Air Lines, among others, are joining a program funded by Walmart and backing the mission to decrease workplace racial inequity by hiring young adults who have been affected by the criminal justice system.
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Jun 17, 2022
Some prominent U.S. companies are being sued by remote workers alleging that their employers had a legal obligation to reimburse them for work-related expenses. These lawsuits are a reminder to keep reimbursement policies compliant with relevant laws.
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Jun 17, 2022
The Massachusetts Supreme Judicial Court rejected two proposed ballot initiatives that would have kept gig workers designated as independent contractors and given them some benefits.
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Jun 16, 2022
The Department of Homeland Security (DHS) announced it plans to issue a proposed rule this month allowing virtual document examination options for reviewing the Form I-9.
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Jun 16, 2022
Suggestions for creating salary structures appropriate for the organization, flexible enough to be adjusted for future developments and legally defensible were provided by compensation specialist John A. Rubino at the SHRM Annual Conference & Expo 2022.
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Jun 16, 2022
Washington State employers will have new seasonal workplace safety rules to take into account to protect workers from heat exposure and wildfire smoke.
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Jun 16, 2022
Colorado recently expanded whistleblower protections at the state law level, and employers need to make sure their health and safety protocols are fully compliant if they want to avoid costly litigation.
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Jun 16, 2022
Minnesota has a new law that gives frontline workers the chance to receive part of a $500 million bonus pool. Employers need to take specific steps to ensure they comply with this "hero pay" law.
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Jun 16, 2022
New York State lawmakers passed a bill that will require private-sector employers in the state to disclose salary ranges on job postings.
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Jun 16, 2022
States reported that 229,000 workers filed for new unemployment benefits during the week ending June 11, a drop of 3,000 from the previous week's revised level. The number of workers continuing to claim unemployment benefits—1.3 million—is still well below the pre-pandemic average of 1.7 million.
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Jun 16, 2022
Ohio Senate Bill No. 215, which Governor Mike DeWine has already signed into law, will permit a qualifying adult to legally carry, possess, or conceal a handgun without a license, background check, or training requirements.
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Jun 16, 2022
Overtime compliance is challenging, but employers have tools at their disposal, including wage and hour audits and safe harbor policies, to limit their liability.
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