The Occupational Safety and Health Administration (OSHA) has issued a directive changing the required fall protection systems for residential construction. This directive, effective June 16, 2011, requires the use of conventional fall protection systems in residential construction activities six...

On January 11, the Department of Homeland Security's U.S. Citizenship and Immigration Services released a new guide to the Form I-9 process.  I-9s are required of all employers to verify the employment of each new hire, and are used as part of audits to curb illegal immigration.

The HR professionals...

The National Labor Relations Board has proposed a rule that would require every employer subject to the Board's jurisdiction to post a notice informing employees of their federally protected labor rights. The Board believes that such a rule would not only make employees aware of the National Labor...

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Many employers reimburse their employees for mileage driven in an employee’s personal vehicle for business purposes. For 2010, the business mileage reimbursement rate set by the Internal Revenue Service is 50 cents per mile. Starting Jan. 1, 2011, however, these rates for the use of a car, van,...

According to a BNA survey, there is a greater likelihood this year that employers will give employees holiday gifts and bonuses, sponsor end-of-year holiday parties and company-wide celebrations, and increase participation in charitable activities than last year. Employers with such plans, however,...

There may be times when discipline or termination of an employee who has filed a worker’s compensation claim is warranted, just as it would be for any other employee. Employers facing this situation, however, must not underestimate the legal risks involved. In addition to rights under state law, a...

Employers must take care when classifying workers as independent contractors. If the Internal Revenue Service finds that an independent contractor should have been classified as an employee, it can assess the employer any or all of the following:

• An amount equal to 1.5 percent of wages (3 percent...

The Americans with Disabilities Act (ADA) protects individuals with a physical or mental disability that affects a major life activity. This is true even if the condition is not visibly apparent or is in remission. This is evidenced by a recent federal court ruling in Indiana that an employee was...

Regular attendance at work is an essential function of most jobs. However, there are many legitimate reasons why employees cannot be at work every day. In order to help control absenteeism, employers should have a policy that addresses issues associated with attendance. These issues include...

Daylight-saving time in the United States ends at 2 a.m. November 7, when clocks should be turned back one hour. This time change may result in questions about overtime pay rights under the Fair Labor Standards Act.  Employers should observe federal rules for late-shift employees who are scheduled...

A recent survey indicates that many companies are increasingly concerned that top-performing employees will leave for better-paying jobs as the economy improves. Accordingly, more and more employers are realizing the critical importance of compensation-related retention strategies to keep these...

As the November 2 elections draw near, employers need to remember that many states have laws granting voting leave for employees. These laws usually call for two to three hours of voting leave and allow employers to designate the hours. About 75 percent of voting-leave laws require paid time off,...

Many people think that back injuries are a result of a single event, such as lifting heavy or awkward objects. Many back injuries, however, result from relatively minor strains that occur over time. When back muscles or ligaments are injured from repetitive pulling and straining activities, the back...

Data released last month by Quest Diagnostics Inc. (a drug testing company) indicates an increase in American workers and job applicants testing positive for prescription opiates.  This data further shows that employees are two to four times more likely to have opiate indicators in their systems...

Every company whose employees have E-mail access should have a policy on E-mail use. This policy should include the employer’s right to monitor E-mails. Additional tips employers should consider are including E-mail in document retention programs, limiting information in E-mails to facts rather than...

Small business owners often find it difficult to keep up with the various laws and regulations governing employment practices.  Hiring, payment of wages, promotions, maintaining employee records and rest/meal breaks are but a few of the issues impacted by state and/or federal laws. Compliance is...

Whether workers should be classified as employees or independent contractors is an important human resources issue and litigation in this area is likely to increase in the future. Recent cases indicate, however, that the courts do not have a uniform approach to the independent contractor analysis....

Under the Fair Labor Standards Act, “outside sales” employees are exempt from the overtime provisions in the Act.  It would seem reasonable to assume, therefore, that pharmaceutical sales representatives who call on physicians would fall into this exempt category.  The United States Department of...

Employers that discipline or terminate employees for legitimate, non-discriminatory reasons may still find themselves facing discrimination or other legal challenges to the decision. The best way for employers to protect themselves in these situations is to remember – Document, Document, Document!

Ev...