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    Features

    Health Savings Account
    Can you have an HSA,if you’re eligible for Medicare?

    Strategic Use of Compliance
    Secure long-term competitive advantage

    Ultimate Designated Confusion
    Key roles and expectations of a UDP

    Workplace Violence
    Four factors to consider



    February 2015 Legal and Compliance Excellence Articles

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      8
    Dated: 02-04-2015

    Biometric Screenings: Are they legal?

    Of late, there have been a lot of talks about employer-sponsored wellness programs, especially following Equal Employment Opportunity Commission’s (EEOC) lawsuit against Honeywell. There are a number of concerns circulating around the issue, so we wanted to present you with both sides of the story.

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      8
    Dated: 02-04-2015

    Health Savings Account: Can you have an HSA, if you’re eligible for Medicare?

    During our open enrollment period, a lot of questions came up about Medicare. I reached out to our attorneys to confirm my understanding of some key issues. I'll share that information here, however, first let's make sure we're on the same page in discussing the parts of Medicare. In the simplest terms:
    •Medicare Part A covers hospitalization. It's free to those who enroll.

    $authorProfileLink
      8
    Dated: 02-09-2015

    Strategic Use of Compliance: Secure long-term competitive advantage

    What is your company’s compliance strategy? By this I do not mean what is your company doing to put in place best practicesfor an anti-corruption compliance program that meets the requirement of the Foreign Corrupt Practices Act (FCPA) or UK Bribery Act.

    $authorProfileLink
      8
    Dated: 02-11-2015

    Ultimate Designated Confusion: Key roles and expectations of a UDP

    The Ultimate Designated Person (UDP) category of registration is a curiosity.The UDP was traditionally viewed as a name that had to be filled in to complete a firm registration…a figurehead with no genuine functional role. However, over time, and especially since the introduction of NI 31-103, the role of UDP, began to take shape.

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      8
    Dated: 03-05-2015

    Workplace Violence: Four things to consider

    Violence in the workplace is something that no one wants to think about or consider. The Occupational Safety and Health Administration (OSHA) cites that every year, two million American workers report having been victims of workplace violence,1 and many more incidents go unreported.

    $authorProfileLink
      8
    Dated: 02-04-2015

    The Portal-to-Portal Act: No pay for post-shift security screenings

    In a 9-0 decision issued yesterday, the U.S. Supreme Court held that the time spent by non-exempt workers waiting to undergo security screenings before leaving their workplace, at the end of their work day, was not compensable hours worked under the Fair Labor Standards Act (FLSA). In Integrity Staffing Solutions, Inc. v. Busk, the plaintiffs were hourly warehouse employees required to undergo security screening before leaving the warehouse at the end of each day. The plaintiffs claimed that they spent approximately 25 minutes each day waiting for and undergoing the security screening, which required them to remove wallets, keys, and belts before passing through a metal detector.

    $authorProfileLink
      8
    Dated: 02-05-2015

    Flu Shot Policies: Exceptions may be required

    The cold and flu season is upon us. The U.S. Centers for Disease Control and Prevention (CDC) reports that influenza is beginning to pop-up in regions of the country, and illness-related maladies will undoubtedly escalate throughout the season. Considering the impact the flu can have on a workforce, it makes sense that many employers make extra efforts to keep their employees flu-free. Employers might run campaigns encouraging healthy hygiene habits or supplement the cost of flu shots for employees, and some may go so far as to require employees to get a flu shot.

    $authorProfileLink
      8
    Dated: 02-09-2015

    Zero Hours Contracts: Where are we now?

    There is no statutory or other official definition of a zero-hours contract.
    Frequently, it is a term applied to casual or bank workers who may be called on when needed, and where there is no obligation to provide or accept work.
    Such workers are entitled to national minimum wage for hours worked, and the appropriate pro rata statutory holiday, although, the latter is frequently difficult to calculate and often underpaid. Some may also be eligible for statutory sick pay, but may not get it.

    $authorProfileLink
      8
    Dated: 02-05-2015

    Working Additional Hours: What if you are fired?

    In a recent unreported decision, the Pennsylvania Commonwealth Court considered a part-time employee's eligibility for Unemployment Compensation (UC) benefits, after she was fired for disregarding her employer's prior directive not to work past the end of her shift; after punching out. The unemployment claim yo-yoed through the administrative process: after the claimant was initially determined eligible for UC benefits, the Referee reversed that decision and determined the claimant ineligible. Later, the Board of Review reversed the Referee's decision and determined the claimant eligible for benefits.

    $authorProfileLink
      8
    Dated: 02-09-2015

    Custom and Practice: A legal guide for HR

    Many practitioners might have heard the phrase ‘custom and practice’ bandied around from time to time during the course of their career.
    The difficulty, however, is understanding what is actually meant by the term ‘custom and practice’ and more importantly how to establish one. Hopefully, this article will help the reader to understand what is meant by the term, and when such a custom and practice might actually form part of the terms and conditions of employment.

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