July 11, 2025
OBBBA’s changes to benefits, tax credits

The One Big Beautiful Bill Act includes some changes to health benefits and tax credits that employers need to know.

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July 11, 2025
Interviewing Within the Law: Best Practices for Employers

 

• Work with hiring managers on questions before the interview, looking for content that could trigger discrimination claims.
• Start with the job description when creating a list of interview questions.
• Learn the questions you should never ask in an interview.
• Broach salary history while staying in compliance.
• Create a process for taking notes during interviews, then documenting and storing that information.

 

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July 10, 2025
OBBBA may trigger overtime requests

Under the One Big Beautiful Bill Act, a worker can shelter $12,500 in overtime earnings from federal taxes. The new law defines tax-exempt earnings as overtime that is “required under the FLSA.”

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July 10, 2025
Consensual quid pro quo still carries liability

Take a supervisor who promises a promotion or some other benefit in exchange for sex, and the subordinate agrees. Can that subordinate still sue for sexual harassment? The answer is a resounding “Yes!”

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July 10, 2025
OSHA’s Knocking: Your Employer Action Plan

 

• A new OSHA and a new direction? Discover what this new administration has identified to focus on, and what rocks federal OSHA compliance officers are most likely looking under so you can stay compliant and avoid citations.
• Effective response tactics. Learn exactly how to respond when OSHA arrives and avoid crucial mistakes.
• Navigate inspections with confidence. Understand the inspection process so you can handle it smoothly and professionally.
• Handle penalties effectively. Get expert advice on managing the informal settlement conference if you face a penalty, and learn how to leverage gravity-based penalty reduction factors to your benefit.
• Best practices and communication. Master techniques to protect your company during an investigation, and how best to avoid a potential waiver of the attorney-client privilege.

 

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July 9, 2025
Morning sickness may also qualify as ADA disability

By now, we are all familiar with the idea that morning sickness experienced during pregnancy must be accommodated under the Pregnant Workers Fairness Act. But if a recent lawsuit is any indication, the EEOC is pushing the idea that many common pregnancy problems are also protected under the Americans with Disabilities Act.

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July 9, 2025
Final OBBBA: Individual and payroll tax provisions

The One Big Beautiful Bill Act, technically named “To provide for reconciliation pursuant to title II of H. Con. Res. 14,” was signed by the president on July 4. Clocking in at 870 pages, it’s short for a reconciliation bill, but still packs a punch for individuals and payroll departments.

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July 9, 2025
Legal Requirements of Job Descriptions

 

• The 5 benefits of a good job description, and the risks associated with outdated ones.
• The 4 federal laws that require accurate and up-to-date job descriptions, including the Pregnant Workers Fairness Act.
• 4 simple steps to create accurate and defensible job descriptions that match industry standards and local variations—with online resources.
• How to define “essential functions” for ADA, FMLA and PWFA purposes.
• Using job descriptions as a disciplinary tool to guide performance reviews and employee discipline, including designing PIPs in the era of reductions in force.
• Choosing the right language that locks in an employee’s FLSA classification, avoids discrimination charges and more.
• Tips and tools for continually evaluating job descriptions to avoid misclassification errors and other legal issues throughout the year.

 

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July 8, 2025
How do we handle FMLA certifications when the practitioner is overseas?

I have an employee who is getting treatment overseas. As the employer, what, in addition to the medical certification, can we request? What if an employee receives care from a different kind of practitioner than we have in the U.S.?

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July 8, 2025
Documenting performance? Better date-stamp and retain

You’ve no doubt heard it again and again—the key to winning lawsuits is to document, document, document. Courts don’t lend much credence to documents that appear after the fact, often suspecting that such notes are made up to cover discrimination.

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