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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.

Practical tips for effective progressive discipline

Progressive discipline typically escalates from verbal warnings to written warnings to an adverse employment action, such as suspension or discharge. It’s crucial to do it right to avoid a lawsuit. Here are some key progressive discipline pointers.

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When employees sue you, resist temptation to sue them, too

“Can’t we sue them for this?” That’s the sentiment many employers express after being on the receiving end of a lawsuit that they think is based on untrue facts. Although it is never satisfying to be told “that wouldn’t be a good idea,” this is generally the right answer for various reasons.

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Contingency plan: Heed these cautions when compiling layoff lists

Even if you don’t believe you will have to eliminate jobs any time soon, it’s probably a good idea to start formulating preliminary layoff plans now so you can move quickly if the need arises.

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New DOL guidance invokes old classification standard, making it easier to treat workers as contractors

The Department of Labor will no longer enforce its 2024 independent contractor rule, issued during the Biden administration, which favored classifying workers as employees. Instead, it will rewind the classification clock, emphasizing an old standard that makes it much easier to consider workers to be contractors.

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Cure intermittent leave headaches by relying on FMLA certification

Intermittent FMLA leave is easy for employees to abuse. Fortunately, the FMLA certification documentation that employees must provide is the key to easing the HR headaches that intermittent leave often causes.

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FMLA certification: What should we do if employee misses 15-day deadline?

An employee failed to turn in his FMLA certification within the 15-day deadline. What should we do? I’ve heard there is a seven-day grace period. Is there a form for that?

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Be better! Anti-harassment training, half-hearted investigations aren’t enough

Why aren’t anti-harassment policies more effective at preventing harassment? The answer may lie in ineffective training and the failure of employers to follow their own policies.

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Stop unauthorized work by remote employees

If you have employees who work remotely at least some of the time, you know how difficult it is to track exactly what they are doing and when they’re doing it. That can be bad news if those employees are nonexempt. They must be paid for all work they perform—whether you knew they were working or not.

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Interview blind spots: Research reveals what your hiring decisions really say

Despite the carefully planned interview questions and hiring rubrics, hiring decisions often hinge on one factor above all others: whether the interviewer simply likes the candidate. This personality-based assessment not only undermines objective hiring practices but perpetuates workplace inequities that follow employees throughout their careers.

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Document as if it will be read in court

Under the rules of “discovery,” employees (and courts) are privy to almost any employment-related document during a dispute. Keep that in mind when you’re preparing in-house documents, formal and informal. Here are a few do’s and don’ts.

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