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DOL Bringing Change to the FLSA and Overtime
Authored By: HR Performance on 3/18/2016

On March 15, 2016, the U.S. Department of Labor (“DOL”) sent the White House’s Office of Management and Budget (“OMB”) its final rule expanding the Fair Labor Standards Act’s (“FLSA”) overtime pay requirement. 

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Executive Orders Mean New Rules for Federal Contractors
Authored By: HR Performance on 3/4/2016

A series of new executive orders from President Obama present some new HR law compliance challenges for federal contractors.

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6 Easy Ways to Violate the FLSA
Authored By: HR Performance on 2/3/2016

No doubt, most employers have a battle with the Fair Labor Standards Act (FLSA), which establishes the standards for how to pay their employees.  The FLSA governs overtime pay, the minimum wage, and child labor. Many are simply unaware of the maze of requirements.

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New and Improved Data and Statistics
Authored By: HR Performance on 6/5/2015

The Department of Labor has enhanced its Data & Stats portion of its website by adding a new “Earnings” section. This section features a series of charts and graphs showing the most recent annual earnings averages by selected topics and demographic characteristics.

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Avoid Dress Code Discrimination Issues
Authored By: Emily Sternberg on 4/21/2015

This is the second of a two-part series of blogs regarding dress codes. Today’s post deals with discrimination, which can be a major item of consideration for many organizations. Here are some of the areas you want to think about when drafting your policy.

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When Is an Independent Contractor Not an Independent Contractor?
Authored By: Joyce Marsh on 2/23/2015

Think you have a good grasp on the difference between regular employees and independent contractors? The U.S. Department of Labor (DOL) seems to be cracking down even more lately when it comes to enforcing misclassifications.

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The Cost of Free Speech on Social Media
Authored By: Joyce Marsh on 12/8/2014

When is social media free speech not free speech? That’s just the question the Supreme Court has been wrangling with this month. Due to a Pennsylvania man’s 2011 conviction from comments he made against his wife, law enforcement and local elementary schools on Facebook, the Court is now debating the question of when a social media comment can be considered a criminal threat.

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Employee Bullies, Are They Protected Under the ADA?
Authored By: Emily Sternberg on 12/2/2014

Employers and HR Professionals face “difficult” employees all the time.   We know who they are, they are those employees who are considered intimidating, demeaning, or even threatening to co-workers.   

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What You Post May Be Held Against You!
Authored By: HR Performance on 10/17/2014

A recent CareerBuilder.com survey reported that employers are turning more often to social networking sites during the job applicant screening process.  In fact, 51 percent of employers said they did not hire a candidate because of the content they found on the candidate’s social media.  If social media wasn’t enough to get the scoop during a job applicant screening, 45 percent of employers responding use Google search engine to dig up whatever shows up on candidates.

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If It Looks Like Retaliation - It Probably Is!
Authored By: HR Performance on 8/14/2014

An interesting case from Salt Lake County, Utah, recently caught my attention.  The county was facing a sexual harassment claim.  The complainant’s coworker, Michael Barrett, helped her successfully win her case.  Barrett is a hero, right?  Wrong.  Shortly after assisting his coworker, Barrett was demoted.  Now, if that wasn’t enough to scream, “Retaliation!” the county hired a replacement for his previously held position.

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Four Times Is a Charm, or Is It?
Authored By: HR Performance on 5/22/2014

The Equal Employment Opportunity Commission (EEOC) filed suit (for the fourth time!) against the nationwide auto parts retailer, AutoZone, for disability discrimination.  This time its attendance policy which uses a “points” system for absences, did not permit any general exception for disability-related absences.  Its policy required termination for employees reaching twelve points.

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Remember GINA?
Authored By: HR Performance on 5/15/2014

In 2008, the Genetic Information Nondiscrimination Act (GINA) became federal law.  Among other things, GINA prohibits discrimination in employment based on genetic information, which includes not just the employees’ genetic information, but also their family medical history.

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Third-Party Sexual Harassment
Authored By: HR Performance on 5/8/2014

Many times we think of sexual harassment as ‘quid pro quo’ (this for that) between a supervisor and employee.  However, other forms of sexual harassment can involve coworkers and third-parties and are just as serious for an employer to address.  Here are a couple scenarios to illustrate how third-parties can affect employees and create a hostile work environment:

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