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    Features

    Vendors and Temporary Employees
    Who is responsible of their injury or death

    Ex-Offenders
    Will you hire them?

    Occupational Health and Safety
    Be proactive, not reactive

    Ban the Box
    How does it affect employer’s background screening process?



    October 2014 Legal and Compliance Excellence Articles

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      8
    Dated: 12-03-2014

    Vendors and Temporary Employees: Who is responsible of their injury or death?

    For many years, the U. S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited host employers for safety and health violations created by vendors, contractors and suppliers under its multi-employer citation policy. In most cases, not only is the host employer cited, but the vendor or contractors also receive citations.

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      8
    Dated: 12-03-2014

    Ex-Offenders: Will you hire them?

    Laws governing employment practices have increasingly narrowed the use of criminal background checks, in part to encourage the hiring of ex-offenders in order to achieve social goals. The Equal Employment Opportunity Commission (EEOC) has made it clear by word and deed that it intends to step up activity enforcing anti-discrimination laws, especially with respect to ex-offenders. Because of this, knowing how to handle job applicants with criminal records has become a high priority for employers.

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      8
    Dated: 11-21-2014

    Occupational Health and Safety: Be proactive, not reactive

    It seems that there are new or updated standards, programs, regulations, blitzes and codes surrounding Occupational Health and Safety (OHS) every month. On July 1, 2014, it became law that every worker and supervisor working for an employer, covered by the Occupational Health and Safety Act (OHSA), receive mandatory health and safety awareness training.

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      8
    Dated: 11-21-2014

    Ban the Box: How does it affect employer’s background screening process?

    Recently, questions have arisen concerning how the background check process will be affected by ban-the-box laws such as the August 13, 2014 enactment of the San Francisco City and County’s ordinance which precludes employers of 20 or more employees from including a request for criminal history disclosures in their employment application forms.

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      8
    Dated: 11-21-2014

    Protected Sick Leave Movement: Eugene’s sick leave ordinance

    Last week, the City of Eugene passed its own protected paid sick leave ordinance. The ordinance requires most employers engaged in business, inside the city, to provide up to 40 hours of paid, protected sick leave per year to employees working or scheduled to work inside the city. The accrual, use, and protection of the ordinance are slated to go into effect on July 1, 2015. In the meantime, the Eugene city manager is tasked with developing administrative rules to be adopted by January 2015.

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      8
    Dated: 12-03-2014

    Annual and Lifetime Allowances: Changes in United Kingdom

    Annual Allowance:
    The AA was reduced from £255,000 to £50,000 with effect from 6 April, 2011, and has been further reduced to £40,000 from 6 April, 2014. There is a carry-forward rule enabling unused annual allowances from the previous three tax years to be used, based on an allowance of £50,000 for years up to 2013/14 and £40,000 from 2014/15.

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      8
    Dated: 12-03-2014

    Family Medical Leave Act: And, Americans with disabilities act

    Since March 23, 2010 we have been inundated with issues regarding the Affordable Care Act. Whether it be ACO’s (Accountable Care Organizations), grandfathered plans or essential benefits, the media has flooded the market with this information. Because of all the focus on the ACA, employers have lost sight of two Federal programs that have been around for many years: the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).

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      8
    Dated: 12-02-2014

    Exempt or Non-Exempt?: New recordkeeping and reporting under OSHA

    The Occupational Safety and Health Administration (OSHA) has announced a final rule which revises not only the list of employers who are partially exempt from OSHA record-keeping requirements, but also the types of events and circumstances giving rise to the requirement to report. The damage: close to 200,000 businesses previously exempt will now fall under OSHA’s reporting requirements.

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      8
    Dated: 11-21-2014

    Workplace Safety: Governor Brown signs sick leave, anti-bullying and interns’ rights bills

    Three employment-related bills, which were passed during the end of the 2014 California legislative session, have been signed into law by Governor Jerry Brown.
    Adding to the laws requiring paid sick leave, effective from July 1, 2015, workers in California will be entitled to receive at least 24 hours or three days of paid sick leave per year, if they have been employed for 30 days and are not covered by a collective bargaining agreement that meets certain requirements. Covered workers will be able to use accrued sick leave to care for themselves or a family member.

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      8
    Dated: 12-03-2014

    Plan Fiduciary: 4-step “road to excellence” program

    In my most recent post entitled, Fiduciary Excellence is a Journey, NOT a Destination, I wrote that fiduciary excellence is a journey, not a specific destination due to constant changes in plan legislation, regulation and litigation, as well as introduction of new industry best practices. An illustration was briefly discussed showing four-steps that can lead plan fiduciaries on a path to establishing prudent fiduciary processes. Prudent processes form the cornerstone of sound fiduciary governance and oversight responsibilities.

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