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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.

Detailed personnel records defeat bias claim

Employers who keep detailed personnel records that include objective, fact-driven performance reviews often win discrimination lawsuits soon after the employee sues. Judges hold no desire to become your organization’s HR department and appreciate it when employers have the documentation that backs up their decisions.

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OSHA penalty adjustments good news for small employers

The U.S. Department of Labor has updated its guidance on OSHA penalty and debt-collection procedures to minimize the burden on small businesses and increase prompt hazard abatement.

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FMLA intermittent leave: Yes, you can reinforce the rules

Are there recommended strategies or scripts for re-educating employees with open FMLA intermittent leave cases on their responsibilities, especially around call-in procedures and usage restrictions?

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How to protect your small business from an ICE raid

The Trump administration has begun a big push to deport as many individuals without the legal right to work in the United States as possible. The effort includes raiding businesses with a high proportion of workers with Hispanic origins.

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Which DOL regs could vanish? Top 4 to watch

The Department of Labor has identified over 60 regulations for elimination, part of President Trump’s executive order “Unleashing Prosperity Through Deregulation.”

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FMLA: What is ‘timely and complete’ certification?

If an employee’s FMLA certification form is incomplete or vague, you don’t have to accept it; you can deny FMLA leave.

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No ‘magic words’ needed for bias complaint

Employees are protected from retaliation for reporting discrimination or complaining about other Title VII violations. That’s true even if the employee doesn’t specifically state what kind of discrimination she’s charging, if she has generally been complaining about it over some time.

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Equal pay: Document how and why jobs differ

The only way for an employer to defend an Equal Pay Act lawsuit is to prove that the jobs aren’t substantially similar—or that the pay difference is attributable to some factor other than sex.

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Anti-military bias is self-inflicted wound

Treating military service as a negative factor in any employment decisions can backfire badly. The Uniformed Services Employment and Reemployment Rights Act makes that illegal.

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Simplest way to stop lawsuit might be ‘I’m sorry’

When the threat of an employee lawsuit looms, most employers are advised to take a tough stance, fight the charges and never admit guilt. But some attorneys now advocate that an often-overlooked option of simply saying “I’m sorry” in certain situations may actually soothe feelings, and even defuse legal action.

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