Legal – Compliance & Policies

10 Business and Recruiting Reasons for Requesting Salary Information

The practice of firms either requesting or requiring applicants to provide their salary history is coming under tremendous pressure as part of the overall push for pay equity for women. As a result, there are many new and proposed laws about the salary history request, including outright bans. In my view, almost everyone who…

President Orders H-1B Visa Rules Reviewed, Tightened

On April 18, 2017, President Trump signed the “Buy American and Hire American” executive order (EO), which addresses H-1B visas.  The EO calls for the application of existing U.S. laws to visa recipients and the re-evaluation of the H-1B program. In reiterating that — from a policy standpoint — the beneficiaries of U.S. visas are…

Congress Weighing Comp Time In Lieu of OT

Under the Fair Labor Standards Act, when a non-exempt employee works more than 40 hours in a workweek, that employee gets paid overtime at time-and-a-half the regular rate of pay. Under the FLSA, a private-sector employer cannot provide that employee with comp time in lieu of overtime — even if the employee agrees….

4 Steps HR Can Take to Protect Employee Medical Records

In April 2014, as electronic medical records became standard, the FBI issued a “private industry notification” warning health care organizations of an increased number of cyber intrusions targeting medical records due to, among other things, the higher payout for these records on the black market. Three years on, this prediction sadly appears to…

What Do You Do If Your Employee Gets Sick Abroad?

In 2016, U.S. residents logged 457.4 million person‑trips for business purposes. Life on the road can give employees an opportunity to see new places and immerse themselves in a new culture, but it also can sometimes put them at a higher risk for contracting illness. Health risks are of particular concern for business…

European Court Clarifies Legality of Banning Islamic Headscarves in the Workplace

On March 14 the Court of Justice of the European Union (ECJ) issued a significant ruling clarifying when an employer may prohibit employees from wearing visible signs of their religious beliefs in the workplace. The ruling was issued to address two instances – one in Belgium and the other in France – in which…

A Look at New York City’s New Law Prohibiting Employers From Inquiring About the Salary History of Applicants

In its latest effort to close the “gender gap” on wages, the New York City Council has enacted legislation (effective in 180 days) prohibiting employers from inquiring about a job applicant’s “salary history.” As the new law forbids inquiry into the “salary history” of any applicant (with very limited exceptions), it is not…

Women May Be Better Leaders Than Men, So Why Aren’t There More?

This is first of two parts on gender diversity in leadership positions. Today’s article discusses the current lack of women leaders, the reasons why, as well as describing the benefits women leaders bring to an organization. Part two, offering solutions, will post tomorrow. ———— The most recent allegations of sexual harassment by management…

5 Steps to a Safer Workplace and Lower Premiums

In the workplace, accidents can happen anywhere and at any time. It doesn’t matter if employees sit at their cubicles all day and don’t use heavy equipment: In every single work environment, there is a risk of on-the-job injury or illness. According to the Bureau of Labor Statistics, in 2015, there were about…

What You Can Do to Help New Parents

New mothers and fathers everywhere wrestle with the issue of juggling a career and family. Traditionally, it’s an issue that has most impacted mothers. Some want to stay home, but have to work to supplement the household income. Others want to work, yet worry over trusting someone else to care for their child….

Court Says Liability Waivers Can’t be Part of Background Screening Disclosures

The  Ninth Circuit Court of Appeals recently ruled that an employer’s inclusion of a liability waiver in a background check disclosure is a willful violation of the Fair Credit Reporting Act (FCRA). This is an important finding and will affect any third party company who performs background screening. In Syed v M-I, LLC,…

What to Consider When You Self-Fund Your Health Plan

When deciding to use a TPA (third-party administrator) to administer your self-funded healthcare plan, the first consideration is often what your healthcare provider network will look like. TPAs can help companies save more money and provide greater flexibility, but what about the provider’s quality of care? A close look shows that TPAs, with…

Contractor Blacklisting Rules Coming to a Permanent End

Less than six months ago, federal contractors were clutching their pearls over the prospect of having to publicly disclose violations under 14 federal workplace laws, to be eligible for a government contract. The following month, in October 2016, a federal judge iced those “blacklisting rules” with a nationwide injunction. Now, it appears as though President…

Dumpster Fire at Uber Highlights Pitfall of Forsaking HR in Favor of Recruiting

No one wants to be the Uber-of-whatever these days. Headlines alleging sexual harassment will do that, I guess. In case you’ve been living under a rock, you’re well aware of the mess over at ride-sharing service Uber. If not, Susan Fowler, a former site reliability engineer at the company, recently wrote about her “very, very…

The Untapped Potential Of Hiring New Mothers

This series profiles people whose ideas have the power to transform the workplace. Several are company leaders who have put their ideas into practice. Others are thought leaders influencing the way we work. Each new part will post on Tuesdays. Links to previous articles are at the end of this post. This series…

New Travel Ban Exempts Green Card Holders, But H-1Bs Are Included

Monday, President Trump signed a new executive order banning travel from six nations, replacing the EO previously signed on January 27.  The new ban still blocks entry into the U.S. from certain countries and halts the refugee program for 120 days. However, this ban no longer includes Iraq, does not apply to green…

Expedited H-1B Program Suspension Announced

Friday’s announcement that the U.S. Citizenship and Immigration Services will halt its expedited H-1B visa processing is raising concerns that businesses dependent on foreign talent could be impacted. “This suspension is not good for American businesses by any means,” immigration attorney Tahmina Watson told CNN. H-1B visas allow employers to bring skilled foreign…