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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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How to ‘lawsuit-proof’ your next termination meeting

Terminations are probably the hardest things HR professionals have to handle—and probably the most legally dangerous. One wrong word can trigger a lawsuit. You need to keep calm and communicate your message without escalating the tension. Here’s a 10-step process to follow.

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Your own assets are at risk! You could be liable for FMLA mistakes

A federal court has decided that employees like HR professionals and supervisors can sometimes be held personally liable for FMLA violations. That means their assets can be seized to pay damages.

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4 manager mistakes that trigger lawsuits

The cost of defending even a meritless lawsuit can run into the thousands of dollars. One way to prevent such costs and embarrassment is to teach supervisors to avoid angering employees in the first place. Train them to be aware of these four common mistakes.

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Can we set alternative schedules to avoid California’s overtime requirement?

We are a small business that provides temporary staffing to hospitals in California. California law requires paying overtime when employees work more than eight hours in a workday. A hospital to which we supply workers has asked us if our employees can work four 10-hour shifts with no overtime instead of five eight-hour shifts. Can we agree to the hospital’s request?

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Ensure bosses don’t block accommodations

Competing needs may mean that even well-intentioned supervisors mishandle ADA accommodations. That’s why it’s important to train supervisors that they must honor approved disability accommodations and immediately refer all requests to modify accommodations to HR.

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Exit interviews: Who, why and what could go wrong

Most organizations conduct exit interviews with departing employees to determine why they’ve resigned. Exit interviews can be a great HR tool, but you have to know what questions to ask and, at the same time, what questions to avoid for legal reasons.

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Warn bosses against even subtle retaliation

It doesn’t matter if the underlying complaint is legitimate. If anyone in a position of authority acts against an employee who has filed a complaint, you can expect a retaliation lawsuit.

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Avoid age-bias complaints when discussing retirement

If it appears you’re pushing an employee out the door based on his age—or if you suddenly eliminate his position after discussing retirement—you’ll set yourself up for an age-discrimination lawsuit. Apply these tips to ensure well-intentioned conversations don’t trigger legal trouble.

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Use this simple log system to document employee performance

Advise your organization’s managers never to rely on memory to evaluate an employee’s performance. Instead, create a simple recording system for them to use.

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Obey state & local wage-and-hour laws in addition to the federal FLSA

Many states and municipalities have wage-and-hour laws that go beyond the mandates of the federal Fair Labor Standards Act. The FLSA sets the floor for wage-and-hour rules, but states and cities are free to set standards that are more generous to employees.

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