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  • An updated I-9 form went into effect on April 3, 2009: Employers must use the new form starting April 3, 2009 The I-9 form has been updated February, 2009 and August, 2009. Both editions are acceptable Employers who do not use the new form may b…
  • An employer may request recertification of an employee’s serious health condition no more often than every 30 days, unless a specific exception  applies (an extension of leave, changed circumstances, or doubt is cast on original certification). If …
  • Yes. I feel your pain [:'(] The DOL/OFCCP latest news and events website helps (http://www.dol.gov/ofccp/) but I am starting to wonder how OFCCP is going to keep up with and enforce all these new rules!
  • As the parent of a young child in the public school system, I can tell you that Back to School Night is NOT what it used to be. At least at the school my child attends, Back to School Night consists of  a highly choreographed speech by each teacher …
  • Just a clarification -- although it doesn't sound like it applies in your case . . . Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the person/child.  Persons who are in lo…
  • Your instinct is spot on. If the employee is named then he could have multiple claims -- intentional infliction of emotional distress, constructive discharge, slander/libel (at least he could make the claim, truth is an absolute defense to slander/l…
  • A husband and wife who are eligible for FMLA leave and who are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken for birth of the employee's child or to car…
  • Hi BDSI: Take a look at the IRS 1099 Instructions for who you should file a 1099 - http://www.irs.gov/pub/irs-pdf/i1099msc.pdf  To determine if workers are independent contractors or employees and whether you should issue a 1099 or W-2go to the IRS …
  • Although the effective date of the new law is September 1, 2009 it applies to insurance contracts issued, renewed, modified, altered or amended on or after such datethat date. In fact, the statute specifically say the new coverage coverage has to be…
  • In 2004 (before the latest round of FMLA changes effective this year), the DOL issued an opinion letter on recertifying after a pattern of Monday/Friday absences (see http://www.dol.gov/esa/whd/opinion/FMLA/2004_05_25_2A_FMLA.pdf) The opinion letter…
  • Try here . .  http://www.cancer.org/docroot/mit/content/mit_3_2_patients_bill_of_rights.asp
  • Light duty means modifying or substiuting non-essential job functions, or offering a different job during the period of disability so that the employee can continue to work (light duty is explained in the FMLA regulations at 29 CFR Sec. 825.204). Th…
  • They don't exist from the DOL -- DOL only has the FMLA poster in Spanish (http://www.dol.gov/esa/whd/regs/compliance/posters/fmlasp.pdf)  Are you trying to get a med cert from a doctor located out of US? If so, the new FMLA regulations say that in …
  • sounds like a great promotion for PTO - no questions asked. I personally don't care if an employee is truly sick. If they have accumulated time, they take it.
  • Hmmm - looking at the regs now . . . Sec. 825.214 Looking at the original question of whether sales commissions should be paid to an employee on maternity leave -- in the absence of a policy applicable to employees on equivalent leave status, I woul…
  • The new amendments to the FMLA regulations may help you out on this one . . . The 2009 final FMLA regulations state that employees on FMLA leave are not entitled to any bonus or payment, whether it is discretionary or non-discretionary, when the bo…
  • what state are you in? Many states have their own laws re: pumping breastmilk and breastfeeding.
  • Relocation Expense Agreement The terms of this Relocation Agreement are predicated on your acceptance of an Offer of Employment with XYZ Corporation (XYZ), and with full understanding that you will take the necessary steps to relocate in order to f…
  • Relocation Expense Agreement The terms of this Relocation Agreement are predicated on your acceptance of an Offer of Employment with XYZ Corporation (XYZ), and with full understanding that you will take the necessary steps to relocate in order to f…
  • Relocation Expense Agreement The terms of this Relocation Agreement are predicated on your acceptance of an Offer of Employment with XYZ Corporation (XYZ), and with full understanding that you will take the necessary steps to relocate in order to f…
  • I would just quote the requirements of the agreement verbatim. Hopefully the agreeement says something like "upon expiration of this agreement, all Teachers/AAs are required to reapply for their positions within XX days." Quote it directly and then …
  • Take a look at  http://community.blr.com/hr/forums/ShowThread.aspx?PostID=549&redirected=true
  • BLR (host of this site) has written a bunch of news stories on swine flu and employers at http://hr.blr.com/news.aspx We have had some cases in California and due to our proximity to Mexico, I am sure we will have a lot more. We are posting all rele…
  • This might help too (USCIS Instructions for I-9): http://www.uscis.gov/files/article/E3eng.pdf
  • Just checked and the OFCCP does offer on-line conferences, seminars in various cities, and some other on-line assistance, as well as the district offices.
  • I think the OFCCP classes are free now . . . I know they do have local seminars for free.
  • Hi everyone -- believe it or not -- California law says that employers are not required to force their employees to use their meal period. Employers are required only to provide the break. Employees who work more than 10 hours per day must be provid…
  • The EEOC says this about the issue you raise (in its enforcement guidance on reasonable accommodation at http://www.eeoc.gov/policy/docs/accommodation.html#requesting):  Must an employer ask whether a reasonable accommodation is needed when an emplo…
  • Hi Sheila: California law requires that employees may, at reasonable times and intervals, inspect any of their personnel files relating to the employee's performance or to any grievance concerning the employee. Specifically, such records include app…
  • We do not require proof of attendance, just that the employee signed a contract with the gym and paid up. The gym contract usually reflects both.