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Human Resources

From employment law to compensation and benefits, FMLA and hiring and firing and more, Business Management Daily provides comprehensive Human Resources updates.

Discover how your colleagues – and competitors – are dealing with discrimination and harassment, employment law, benefits programs, and more.

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Much has been happening with immigration policy since President Trump took office, and employers would do well to keep up. That’s especially true if any of your workers are in the United States on temporary work visas or if you plan to recruit immigrant workers in the near future.
In Pennsylvania, workers are protected for whistleblowing. However, the law has specific requirements. For example, the worker’s complaint must be “objectively reasonable” and not merely a complaint about some perceived safety issue.
Normally, the U.S. Department of Labor has jurisdiction over whether workers should be classified as employees or true independent contractors. But now the National Labor Relations Board has entered the fray in a way that could have big consequences for employers.
Five questions about COBRA and Cal-COBRA regulations.
When preparing a performance review, remind supervisors that they should never mention FMLA leave or appear to use it as a factor in the evaluation. That can lead to a big jury award later if the review is used to justify termination—even during a reduction in force.
Since fiscal year 2010, the EEOC has collected an average of $42.2 million per year on behalf of sexual harassment victims.
Q. May I terminate an employee for filing a workers’ compensation claim?
Here’s an important reminder to pass on to supervisors and managers. Don’t comment on a subordinate’s accent or mispronunciation of common words. Doing so can create a hostile environment based on national origin. The same goes for comments about an individual’s ability to hear.
Employers are entitled to impose reasonable rules in their workplaces. Workers who refuse to abide by those rules aren’t eligible for unemployment compensation benefits if they are terminated.

Gallup has found that just a third of U.S. employees are fully engaged in their jobs. At the other end, 16% of workers are “actively disengaged” in their work.

In response to a lawsuit, a federal judge has instructed the EEOC to reconsider regulations concerning how employer wellness programs interact with the ADA and the Genetic Information Nondiscrimination Act.
In recent years, employers have seized on biometric technologies such as fingerprint scanning as a way to control time-clock abuse. But before you rush out to buy the latest in technology, be sure to check with your attorney or your state labor department.
The Supreme Court of California has unanimously held that a representative plaintiff in a Private Attorneys General Act case does not need to show good cause at the outset of litigation before the employer is required to produce the names and contact information of other allegedly aggrieved employees.
Employees out on FMLA leave don’t enjoy more job protection than employees who don’t take leave. As long as an employer doesn’t terminate because an employee took FMLA leave, it’s perfectly lawful to fire someone during leave.
About one in four people (24%) covered by large employer health insurance plans spent more than $1,000 out-of-pocket on health care in 2015, according to new analysis by the Kaiser Family Foundation. That’s an increase of seven percentage points from 17% in 2005.

Employers expect employees to get to work on time. Occasional problems with traffic or family issues sometimes make employees late. But chronic tardiness is another thing altogether. While most employers track tardiness occurrences, they should do more. How?

Q. What are some best practices employers can use to protect their trade secrets?
Punishing a worker for using FMLA leave is illegal retaliation—and the punishment doesn’t have to be something big like termination. Even seemingly minor acts can qualify as retaliation if they would dissuade a reasonable worker from using FMLA leave in the first place.
When harassment isn’t obvious in the workplace, the worker who later claims to have been harassed has an obligation to at least complain and tell the aggressor his behavior is unwelcome. Make sure you warn supervisors to guard against such attitudes.
The EEOC has begun arguing that acting against someone who fails to conform to gender stereotypes is a form of sex discrimination.
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