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    Features

    Ban the Box
    Why criminal background checks may be criminal

    Not Just Wrong But Illegal
    Recruiting practices that can end you up in federal court

    401(k) Contribution Plans
    The report of my death was an exaggeration: Mark Twain

    Family and Medical Leave Act (FMLA)
    Changes ahead for spouse definitio



    July 2014 Legal and Compliance Excellence Articles

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      8
    Dated: 09-15-2014

    Ban the Box: Why criminal background checks may be criminal

    Here’s a sobering reality check: If your company still has a blanket policy asking about a job applicant’s criminal background, you’re probably violating the Civil Rights Act and the EEOC could be preparing to sue you merely for keeping it as a practice.

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      8
    Dated: 09-15-2014

    Not Just Wrong But Illegal: Recruiting practices that can end you up in federal court

    Whether you do your own recruiting or outsource it to an agency, you as the employer have a duty to follow the laws on nondiscrimination, privacy protection and other areas that many people simply overlook. Here’s a quick review of the range of laws and regulations that apply to recruiting.

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      8
    Dated: 09-15-2014

    401(k) Contribution Plans: The report of my death was an exaggeration: Mark Twain

    In 1897, it was reported that Mark Twain had died. Obviously untrue, Twain wrote an article in the New York Times in June, 1897, in which he famously stated “The report of my death was an exaggeration” (an incorrect but more popular version of his statement reads, “The rumors of my death have been greatly exaggerated“).

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      8
    Dated: 09-15-2014

    Family and Medical Leave Act (FMLA): Changes ahead for spouse definition

    The Department of Labor (DOL) will soon publish a Notice of Proposed Rulemaking regarding the definition of spouse under the Family and Medical Leave Act (FMLA). The new rule will enlarge the definition of spouse and likely simplify administration for employers.

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      8
    Dated: 09-16-2014

    First Amendment Protections for Public Employees: Supreme Court clarifies scope on First Amendment

    In Lane v. Franks et al., the Supreme Court unanimously held today that when a public employee testifies truthfully outside of the scope of ordinary job duties, he or she testifies as a private citizen and not as a public employee for purposes of First Amendment protections. This remains the case even when the testimony in question relates to the public employees job or concerns information that the employee learned through employment.

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      8
    Dated: 09-15-2014

    BOLI Raises the Stakes: Violation of veterans’ preference for public employers

    A recent decision from the Commissioner of Oregon’s Bureau of Labor and Industries (“BOLI”) raised the stakes on violations of veterans’ preference laws in public employment. Under Oregon law, public employers must provide a preference to military veterans who apply for a job or promotion. In the Matter of Multnomah County Sheriff’s Office BOLI found Multnomah County (Employer) failed to apply the required preference for a veteran applying for a promotion.

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      8
    Dated: 09-16-2014

    Self-Funded (Self-Insured) Health Plans: The brokers’ and employers’ saving grace?

    Brokers and Employers Surviving "Disruptive Changes" - In several of our recent articles, discussions and blogs we have been investigating methodologies to help Brokers and Employers survive the "Disruptive Changes" foist upon the U.S. Employee Benefits Marketplace in the past several years - mainly by PPACA/Obamacare. Here's another .....

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      8
    Dated: 09-15-2014

    Level Funding vs. Self-Insuring: New solutions for small business

    For those of you who haven’t heard, level funding is the next big thing in small business insurance options. But how do you know if it’s right for your company? And if you decide it’s a good solution, what is your next step? First, let’s start with a basic review of how most companies purchase insurance.

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      8
    Dated: 09-15-2014

    Policy-cally Correct: Creating policy and process awareness

    Ask any HR professional about the biggest difficulty in creating policy awareness amongst the employees and the answer will be unanimous – “how to make the employees open HR mailers, flyers etc and read them?”

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      8
    Dated: 08-13-2014

    Social Media Recruiting Can Be Risky: Tips to minimizing legal risks while recruiting

    Social media has become a staple of recruiting, but it’s treading into new and possibly dangerous territory. There’s a lot you can learn about applicants in their profiles that discloses protected class information. From as little as a simple photograph, you can infer the gender of that person, their race, ethnicity, or age. You might be able to infer a disability status. You might be able to see that they are pregnant.

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