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May 29 2013
HiringQ&A

Some laminated Social Security cards okay for Form I-9

A: It’s a bit unclear, but it’s probably okay to accept the card as long as it doesn’t say “not valid if laminated” on the back. The United States Citizenship and Immigration Services (USCIS) website’s Form I-9 Central Questions and Answers include this guidance in response to a question asking whether a laminated Social Security…

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May 23 2013
Q&A

Put a stop to workplace bullying.

A: Bullying can be hard to spot and even harder to stop because it can take many different forms: excluding or ignoring co-workers, embarrassing others, shouting, cursing or making negative comments. Often the conduct doesn’t violate an employer’s anti-harassment policy because it is not based on a coworker’s race, gender, religion, or other protected status,…

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May 21 2013
Affirmative Action

Affirmative Action: Construction contractor to pay $70,000 in back wages

During an audit of the company’s affirmative action compliance, the OFCCP alleged that the company’s hiring process had a disparate impact on African-Americans, Hispanics, Asians, and Native Americans applying for jobs as laborers and deckhands. In addition to paying back wages, the company agreed to offer jobs to at least six of them, with retroactive…

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May 16 2013
Q&AWage and Hour

Should I take the Time to Audit my I-9s?

A: It’s always a good idea to periodically conduct an audit of your I-9s, especially if you have questions about their accuracy. Doing so can help demonstrate in any later government audit that you take I-9 compliance seriously. Be sure to follow the same procedure with each I-9 you review, and any changes you make…

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May 08 2013
Labor Relations

Alert: NLRB poster requirement struck down by federal appeals court

A federal appeals court has invalidated a rule published by the National Labor Relations Board (NLRB) in August 2011, which required all employers to post a notice informing employees of their rights under the National Labor Relations Act (NLRA). Although the NLRB originally fast-tracked the requirement for employers to post the notice, the rule has…

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May 07 2013
Hiring

Background checking? Don’t forget FCRA notices

If you run third-party background checks on applicants or employees, such as checking whether they have any criminal convictions, be sure you comply with hiring laws and the federal Fair Credit Reporting Act (FCRA). At Vigilant we often find that employers don’t realize that FCRA compliance means more than just getting an individual’s permission to…

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May 01 2013
Leave Laws

Court backs employer on FMLA recertification of intermittent leave

Administering intermittent leave under the federal Family and Medical Leave Act (FMLA) can be a challenge for employers. Planning and scheduling are especially difficult when the employee’s condition is episodic and unpredictable, such as migraine headaches. Sometimes the employee requests leave more frequently than what’s supported by the medical certification. What can be done? One…

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Apr 30 2013
Q&A

Employees on leave are protected, even if someone else does the job better

A: That would be an extremely risky move, especially if you haven’t addressed any performance issues with the employee prior to his or her leave. When you first notice an employee’s “performance” issues while they’re on a protected leave (such as the federal Family and Medical Leave Act (FMLA)), you will have an uphill battle…

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Apr 25 2013
Affirmative Action

Affirmative Action: More perspective on OFCCP’s new compensation analysis

Presentations by the Office of Federal Contract Compliance Programs (OFCCP) have shed more light on its new compensation directive. As we reported in on our Employment Law Blog on 3/14/13, the agency has given itself total flexibility in grouping jobs into “pay analysis groups” for “comparable” employees. The new process applies to affirmative action audits…

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Apr 23 2013
OregonQ&A

Discrimination or harassment by customers is just as illegal

A: You have the same legal obligation to address this incident with your customer and affected employees as you would if it was a coworker who had made the comments. Underemployment laws and regulations, your employees have the right to be free from harassment and discrimination from any source, whether internal to your company or…

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Apr 16 2013
Drug and AlcoholQ&A

More Q&As involving random alcohol tests

Q: Can we require a random alcohol test if an employee is on a Last Chance Agreement (LCA)? A: Yes, provided that you’re able to make a case that the random test fits within the ADA standard (i.e. job-related and consistent with business necessity). If an employee tests positive for a substance, therefore violating your…

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Apr 11 2013
Wage and Hour

CALIFORNIA: After-hours emails, texts and phone calls equal big overtime

A voluminous workload, combined with an employment policy forbidding employees from entering overtime on their timesheets, led to one employee filing a claim for unpaid overtime due to her off-the-clock activities. The employee was given more work than could be completed in a typical eight-hour day and, within her first few weeks of work, she…

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