HRDir1
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Assuming that the employee qualifies for FMLA leave (and your organization is covered by FMLA), you can designate the leave as FMLA leave -- designation of qualifying leave is at the employer's discretion -- the employee has no say in the matter. S…
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http://www.wageandhourcounsel.com/2009/03/articles/department-of-labor-opinion-le/labor-department-guides-employers-on-use-of-fluctuating-workweek-method-to-calculate-overtime-pay/
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In my opinion, if a person has entered the country illegally, they are commiting an illegal act. They should not be rewarded for breaking the law. If the U.S. does not enforce its immigration laws, what good are the laws? If a person wants to live a…
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Whoops - also just saw this related post on the Forum: http://community.blr.com/hr/forums/thread/9890.aspx
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A few quick questions: (1) what state are you in? (2) Are you exempt or non-exempt;? (3) Did the company shut down totally? Did some people still make it in to work? and (4) Does the employer have a policy re: exempt employees and weather/other emer…
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sorry - meant to include this too . . .http://www.eeoc.gov/policy/docs/convict1.html
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Under regulations of the Washington Human Rights Commission, preemployment inquiries by employers concerning arrests are discouraged. Permitted inquiries include whether charges are still pending, whether charges have been dismissed, or whether char…
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Name of candidate: Date interviewed: Position: Completed by: Date: Instructions: Circle one number for each criterion, then add them together for a total. KNOWLEDGE OF SPECIFIC JOB AND JOB RELATED TOPICS No knowledge evident. Less than we wou…
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Hi Cappy: If I recall correctly, you are in VA. State law guarantees a woman the right to breastfeed her child on any property owned, leased, or controlled by the state (VA Stat. Sec. 2.2-1147.1 ). In addition, the Virginia Legislature has passed a…
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We just work . . . lack of it has not been a problem.
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Investigations in an education student/teacher context are very different from the employment context, so I would NOT rely on Title IX (or what I assume is the state FERPA). The interests and rights at stake are just very different. I do believe, ho…
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The law says that leave is intended for "the purpose of giving birth" (or adopting). Thus, a reasonable interpretation would be that it is available at the time of the birth or adoption, but not substantially earlier or substantially later. See (MA …
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Just found this law firm article on the 2009 COLA rates . . .http://www.mcguirewoods.com/news-resources/item.asp?item=3534
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Yes - MS is an at-will state. But, many times, the better question is whether the employee can point to some exception to the at-will rule such as anemployment contract, handbook provision, promise of continued employment, etc. to show that he/she w…
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Generally, that is true under FMLA, BUT the employer has to be more than ready to show why the FMLA-protected employee was chosen (and not someone else). The best evidence is a bona fide nondiscriminatory reason related to economics and skill group…
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From the BLR website (for subscribers): In Ohio, there is no state law prohibiting the use of conviction records in employment decisions. In fact, criminal background checks are required by federal and/or state law for certain types of jobs. Howeve…
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What state are you in? Most states have laws that cover this issue.
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Thanks! Great article.
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Sorry - don't know what you mean . . . could you be more specific?
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Sorry - forgot to mention that it is also published in Chinese at http://www.uscis.gov/files/nativedocuments/M-618_c.pdf
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Take a look at http://www.uscis.gov/files/nativedocuments/M-618.pdf it is geared toward new immigrants, but has a lot of the issues that visitors should consider too.
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OFCCP does use the EEO-1 to target contractors for compliance, so employers who are not fed contractors need to be careful NOT to check off the boxes in Section 3, indicating that the employer is a government contractor. Take it from me, that is one…
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Take a look at this discussion on Forum - might help! http://community.blr.com/hr/forums/thread/5794.aspx
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Many states have statutes allowing employees access to their own personnel records but Arizona does not have a law covering private sector employees. However, public employees (or their designated representatives with written authorization) may revi…
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Thanks - the people we are considering (so far) are individuals who work out of their homes in their country(ies) -- we are considering them based on business references from a U.S.-based company. We also have talked to a business vendor in India th…
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Definitely call the UI office - I do not know of a state that allows a worker to turn down work and then collect UI.
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It may also depend on the reason for which the medical excuse slip was requested/obtained. For example, workers comp records (including medical documentation) must be retained for a minimum of 5 years (WV Code Sec. 23-2-5). For federal FMLA medical …
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I do not practice in TX, but think it is a good idea to get ahold of a good lawyer to answer this one. You don't want to make exceptions to your theft policy -- also you may have an out under state law that prohibits an employee from collecting bene…
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Sorry - good point. What I am looking for is harassment/discrimination prevention for general workforce and supervisory skills and legal complaince for management level employees. I would like to have training that I can put on or can be delivered o…
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Hi Shelli: For other government contractor EEO and affirmative obligations, you might also want to check out the OFCCP's website at http://www.dol.gov/esa/ofccp/TAguides/sbguide.htm. OFCCP is the government agency that enforces the affirmative actio…