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The HR Specialist: Employment Law

The EEOC is investigating the Marylou’s Coffee chain, looking into its apparent practice of hiring attractive young women. According to the Fisher Phillips law firm, “the EEOC’s big adventure raises a troubling question: Is the EEOC trying to establish that it’s illegal for an employer to prefer attractive employees over unattractive ones?”

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The U.S. Supreme Court overturned many of the provisions in a controversial 2010 Arizona immigration law. The impact, according to the Foley Lardner law firm, could be a chilling effect on state immigration laws.

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One of the only legally secure ways to protect your company from hostile work environment lawsuits is to provide clear steps for employees to complain. Then investigate the allegations. Make sure employees know how to raise concerns and whom to talk to.

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The current version of the Employment Eligibility Verification (I-9) Form carries an Aug. 31, 2012, expiration date. The feds are considering changes to the form, but said employers should continue to use the current version until further notice. Follow our link for the official word from U.S. Citizenship and Immigration Services.

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Most managers want to choose the best candidate for the job. But assessing what constitutes “best” can often feel a bit subjective. That’s OK. Just make sure you can point to objective factors that back up your choice, e.g., experience, education or even the most recent performance evaluation.

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The U.S. Supreme Court announced it will hear an important case next term on the definition of “supervisor” under Title VII harassment law. At issue: Whether the supervisor liability rule applies to employees who oversee and direct other’s daily work but have no formal authority to hire, fire, demote or promote.

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If you can’t show your time records are accurate, lawsuits claiming unpaid over­­time can get costly. That’s because—absent reliable employer records—courts will let employees fill in the timekeeping details. Make sure your records are easily ex­­plained and tamper-proof.

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Here are some nuggets of employment law advice from the speakers at this summer’s Society for Human Resource Management annual conference in Atlanta.

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Here’s good news for employers trying to manage FMLA leave and prevent abuse: If an employee’s FMLA certification form is incomplete or vague, you don’t have to accept it … you can deny FMLA leave to that person. Just make sure you give the employee at least seven calendar days to correct deficiencies on the form.

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Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

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