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Can an employer ask an employee if they would like to have their FMLA leave recertified? We have an employee whose certification ends on March 31. Can we ask her if she would like to recertify? If so, should we do that in advance, before their certification ends, so there is no lapse?

It’s up to employers to make sure exempt employees perform the genuine duties of an exempt employee. Simply calling someone a manager, executive, professional or highly compensated worker isn’t enough. Their job as performed must meet the test, too.

With the Trump administration ramping up enforcement of immigration laws, employers should expect more government scrutiny of their employment records. Here’s how to prepare for a possible immigration enforcement blitz.

You are not liable if you fire an employee because you honestly but mistakenly believed they weren’t entitled to FMLA leave. The 4th Circuit said so and the Supreme Court affirmed the 4th Circuit’s decision by turning down the employee’s appeal.

Want to know why retaliation claims turn out so well, so often, for angry employees? Look no further than basic human psychology. Most of us have never actually felt the full emotional brunt of an overt act of racial, sexual or age discrimination at work. But we can all quickly identify with the feeling of being persecuted for something we’ve said or done.

When it comes to selecting the best candidates, going deeper than just face value should be a routine practice. A nationwide survey conducted by Harris Poll for CareerBuilder found that employers wrongly buy in to several myths about background checks.

Employment at-will means employers and employees alike are free to end the employment relationship at any time for any reason, or even no reason at all. One employer recently got lost on that two-way street.

Three Whole Foods employees claim the company’s benefits plan violates ERISA because plan administrators aren’t acting in the smoking employees’ best interests when they refuse to refund surcharges after employees quit using tobacco products.

It’s important to think about legal issues when disciplining. But real-life discipline has a much simpler imperative: Make sure employees don’t repeat their mistakes.

To avoid litigation, many employers conduct internal audits to ensure pay equity when employees perform substantially identical work. If you decide to run a pay-equity audit, be prepared to show exactly how you conducted it.