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    Features

    Use Of Independent Contactors
    The risks have never been higher

    Workplace Violence
    The Ostrich Syndrome

    Quick With A Whip
    Bullying by proxy

    I-9 Employment Eligibility Verification
    Is your form compliant?



    February 2016 Legal and Compliance Excellence Articles

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      8
    Dated: 02-02-2016

    Editor’s Note

    The United States is well known for its strict immigration policies, and that includes using very specific entry criteria for visitors and issuing a limited number of business visas each year. Several visa types require documentation of the employment contract, educational background, and technical expertise of the employee. There are several areas where US immigration law may affect a foreign company doing business in the US.

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      8
    Dated: 02-01-2016

    H1-B Visa: What The New Ruling Means: Understanding the changes

    The United States is well known for its strict immigration policies, and that includes using very specific entry criteria for visitors and issuing a limited number of business visas each year. There are both immigrant and non-immigrant types of visas available depending on the length of the employee’s assignment, education, position and the area of work being performed. Several visa types require documentation of the employment contract, educational background, and technical expertise of the employee.

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      8
    Dated: 02-02-2016

    Legal and Compliance Excellence February 2016 Advertisers



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      8
    Dated: 02-01-2016

    Use Of Independent Contactors: The risks have never been higher

    For decades, there have been issues with businesses trying to understand what is and what is not permissible as it relates to classifying workers as independent contractors. In this economy, federal and state governments are looking for revenue wherever they can. It’s clear that taxing authorities believe this issue could be a pot of gold, with estimates of lost tax revenue in the billions of dollars each year.

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      8
    Dated: 02-01-2016

    Workplace Violence: The Ostrich Syndrome

    While it is a myth that ostriches bury their heads in the sand to avoid danger, it is an apt image for how we human resource professionals often wish we could react when having to deal with what may be — or not be — impending workplace violence. We aren’t trauma psychologists specifically trained to know what to look for, nor are we lawyers who know how our actions — or lack of actions — can be defended in court.

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      8
    Dated: 02-02-2016

    Quick With A Whip: Bullying by proxy

    During each Leadership for a Democratic Society Program, the Federal Executive Institute faculty host several breakfast seminars. Held for a limited number of participants, these sessions are designed to discuss topics that may be too contentious for a larger forum. One of the most thought-provoking seminars held recently was entitled, “Dealing with Difficult People: Should We Handle Them with Kid Gloves…or Boxing Gloves.”

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      8
    Dated: 02-02-2016

    I-9 Employment Eligibility Verification: Is your form I-9 compliant?

    In the past, employers failed to realize the importance of the I-9 Employment EligibilityVerification Form, or simply took it for granted. Since its introduction in 1986 as part of the Immigration Reform and Control Act, responsibilities for I-9 compliance and oversight were frequently delegated to junior human resources or administrative staff, with no real appreciation for its significance and purpose.

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      8
    Dated: 02-01-2016

    Get Proactive With Employee Classification: Tips to avoid IRS and DOL penalties

    New guidance handed down from the U.S. Department of Labor (DOL) could drastically alter the landscape of how companies classify and hire employees. As a result of the new DOL guidance, more independent contractors may actually be defined as employees. The guidance appears to stem from the new business models created from share-and on-demand based technologies (e.g. Uber) that exist outside the traditional workplace.

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      8
    Dated: 02-01-2016

    Independent Contractors: Are you liable for their injuries?

    The beauty of outsourcing work to independent contractors is that you get the benefit of the services and no responsibilities, except for timely payment, right? While you might need workers’ compensation insurance in case your employees are injured on the job, you have no such responsibility toward your independent contractors, right? If the independent contractor sustains an injury while on your premises doing work for you, well that’s their problem, isn’t it?

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      8
    Dated: 02-01-2016

    Joint Employer Regulations: Shared employees may mean shared liability

    The U.S. Department of Labor has released guidance on joint employment under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). This guidance may also be useful for joint employers determining how to comply with Oregon's paid sick time law, which follows the FMLA joint employer regulations.

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