HR Tip

DOL Dings Company Using Comp Time for Overtime Pay Violation

A common question from employers is whether they can use a “comp-time” system instead of making monetary overtime payments. The answer (unless you are a public-sector employer) is almost always “no.” A company in Asheville found that out the hard way when it was investigated by the U.S. Department of Labor (DOL) for alleged failure …

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Long COVID-19: Don’t ‘get bogged down in determining a disability’

Long COVID-19 can be considered a disability under the Americans with Disabilities Act, per the U.S. Department of Health and Human Services, and employers need to know how to provide accommodations for those workers, panelists said during a March 9 webinar. The webinar, hosted by the Job Accommodation Network, a service provided through the U.S. Department of …

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My Former Employee Is Sharing Confidential Information – Help!

As an employer, one of your worst fears may be that a disgruntled or entrepreneurial former employee may try to share your internal operations, documents, or trade secrets. What you can do to protect your business in these situations may not always be clear. This article is meant to help you consider your options when …

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If 7 Turned Out to Be 10: Determining When Weekly Wage Is Due

This case is simple—straightforward and potentially contradictory language in two dueling statutes related to the date wage payment is due, allowing an employer to meet the letter if not the spirit of the code. Spoiler alert: the text will prevail. Facts Robert Parsons works for Estenson Logistics, LLC, which pays its employees weekly. Its pay …

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Reasonable Accommodations in Job Interviews

Q: Are we required to provide American Sign Language (ASL) or English-language interpreters for candidates in job interviews? If so, who pays? Not necessarily, but you are required to reasonably accommodate candidates with disabilities, including candidates who are deaf. Reasonable accommodations can include sign language interpreters but can also include written materials produced in alternative formats, …

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FMLA: The 30-year legacy of a celebrated — and complicated — employment law

Former President Bill Clinton signed the Family and Medical Leave Act into law on Feb. 5, 1993. In remarks made at the White House Rose Garden that day, Clinton said the FMLA addressed a “substantial and growing need” of a changing workforce. “We all bear the cost when workers are forced to choose between keeping …

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Planning for H-1B Visa Season

It’s that time again. The H-1B visa season has arrived, and employers that are considering petitioning for H-1B visas should start planning for the registration process now. Here’s some general information about H-1B visas, the process, and changes from last year. H-1B Visas in Demand When recruiting or hiring candidates for “specialty occupation positions” employers …

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Employee Who Worked in One State but Lived in Another Seeks Unemployment

It can be confusing when an employee lives in one state but works in another and then seeks unemployment benefits after termination. In which state should she file? A recent case before the Arkansas Court of Appeals provides some guidance. Facts Monique Miller was an Arkansas resident working in Tennessee when she was laid off …

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Four Things Employees Think They’re Entitled To…But Aren’t

Employees often believe that they are legally entitled to certain benefits or rights at work, but in reality, no such laws exist. Consider these common examples: Cell Phones Have you noticed employees are suddenly spending a great deal of work time sending text messages or accessing social media websites on their cell phones? Employers may prohibit …

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Remote Work, Intermittent Leave Make FMLA Compliance ‘Much More Challenging’

“Being challenged in life is inevitable, being defeated is optional.” – Roger Crawford   Family and Medical Leave Act administration is at once a foundational part of HR practice in the U.S. as well as one of its most challenging. The past three years have not made the task any easier, especially given the rise of remote work, …

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