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Employment Law

Employment eligibility update: E-Verify in, no-match rule out

11/24/2009

In August 2009, the U.S. Department of Homeland Security (DHS) published a proposed regulation that would rescind the “no-match rule” that for years has been the centerpiece of the government’s effort to enforce laws banning employment of illegal immigrants. The no-match rule made employers responsible for resolving discrepancies when employees presented mismatched Social Security numbers on employment eligibility verification Form I-9. DHS wants to rescind the no-match rule in order to emphasize its E-Verify program …

How long must we keep unsolicited résumés?

11/24/2009

Q. During these tough economic times we get numerous unsolicited e-mailed résumés from candidates seeking employment. Do we have any obligations to keep these résumés on file?

What are my options? Employee’s on jury duty

11/24/2009

Q. One of my employees was called to jury duty and assigned to a lengthy trial. What are my obligations to this employee? Do I have to grant paid leave? May I permanently replace the employee if I cannot afford to hold the position open?

Is paid ‘paternity leave’ required?

11/24/2009

Q. I run a small company with fewer than 50 employees.  I was recently approached by a male employee requesting “paternity leave.”  Must I provide him paid or unpaid leave upon the birth of his newborn child?

May we pay comp time instead of overtime?

11/23/2009

Q. We are a private employer. Can we avoid paying overtime to our hourly employees by giving them comp time?

Can we require harassment complaints in writing?

11/23/2009

Q. Our new plant manager wants to revise the company’s sexual harassment policy to require all employee complaints to be in writing. Can we do this?

HR on Capitol Hill: Specter flips on same-sex marriage

11/23/2009

Arlen Specter, Pennsylvania’s senior senator, switched parties from Republican to Democrat in April, and now he’s changed his mind about the Defense of Marriage Act (DOMA). His support for pending legislation to repeal DOMA, which limits federal government recognition of same-sex marriage, could be crucial—and could affect HR.

No retaliation against co-workers who testify

11/20/2009

It can be frustrating for supervisors when an employee files a lawsuit they honestly think is bogus. It only gets worse if other employees testify on behalf of the employee. When the case ends up being dismissed, it’s natural for managers to carry at least a slight grudge. They no doubt understand that they can’t retaliate against the employee just because he brought a lawsuit. What they may not understand as clearly is that they can’t retaliate against the supportive co-workers, either.

‘Donning and doffing’ remains FLSA flashpoint

11/20/2009

Employers, beware if you don’t stay on top of the intricacies of the Fair Labor Standards Act. The fact is, the law is still developing and employers that don’t keep up will be caught. Consider the following case involving the seemingly old question of “donning and doffing” clothing and gear before and after clocking in:

U.S. Supreme Court won’t hear California sex harassment case

11/20/2009

The U.S. Supreme Court has declined to review a Court of Appeal of California decision upholding a reduction of the punitive damages awarded to a former supermarket employee in a sexual harassment case.