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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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Ensure your records show exactly when personnel decisions were made

Employees who file internal discrimination or whistleblowing claims are protected from retaliation for doing so. To prove retaliation, they must show that the employer took some form of adverse action against them after they complained. That’s one reason employers must document all personnel decisions.

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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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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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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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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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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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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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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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‘Impossible’ PIP sinks employer’s discharge appeal

Set reasonable, objective goals that can be achieved with sufficient effort in the time allotted in the PIP. Don’t create impossible goals that can’t be achieved absent Herculean efforts.

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Your email could be used to prove retaliation

When it comes to incriminating evidence, there’s literally almost nothing that beats a damning email—especially when it tips off efforts to retaliate against an employee.

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