The HR Specialist — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 307
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The HR Specialist

You don’t have to fear being sued for ADA or FMLA violations just because you discipline a disabled person. Just as with any other employee, you can discipline if you focus on the tasks not completed and the rules broken. When it comes to attendance infractions, carefully document tardiness and absences that are not related to the employee’s disability or serious health condition …

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When an employee goes out on FMLA leave, set a return date and stick to it. If she doesn’t show up back to work and doesn’t ask for an extension or a reasonable accommodation under the ADA, you are free to terminate her, effective at the end of the leave …

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U.S. employers must begin accepting the government’s new wallet-sized passport card—a portable alternative to the traditional passport book—as an acceptable document for completing Form I-9s, the U.S. Citizenship and Immigration Services has announced. Here’s what you need to know about this new form of I.D.

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Q. Some of our nonexempt employees occasionally begin work before their established starting times. We’ve always paid them for this time, but I’ve recently read that Georgia employers don’t have to pay an employee for such time if the early start was not approved in advance. Is this true? …

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Q. I know Georgia’s Security and Immigration Compliance Act requires all state contractors and subcontractors to verify the citizenship of their employees. But how do I know which employees must be verified?…

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Q. What is the required time frame for conducting an employment eligibility check on a newly hired employee under E-Verify? Am I required to run the check before the employee begins work? …

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Q. What happens if I run an E-Verify check on an employee and find out he or she is an unauthorized worker? …

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It’s logical, right?  When the same person who hired and promoted an employee eventually terminates that employee, there couldn’t have been any discrimination. After all, the hiring supervisor didn’t discriminate at selection time, so why would she discriminate at discharge time? Unfortunately, employers can’t rely solely on this same-actor defense in court …

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If an employer denies legitimate FMLA leave and that denial, in turn, causes an employee to miss work because he becomes depressed or stressed, the employer may have to pay lost wages for those missed days. That’s what the 9th Circuit Court of Appeals ruled in a unique case that could have far-reaching effects …

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In what may end up being a landmark decision, a California Court of Appeal has held that Golden State employers aren’t required to ensure employees actually take meal and rest breaks. Employers are in the clear as long as they permit breaks and do not prevent or discourage employees from taking them …

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