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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.

Beware the hidden risks of hiring based on ‘chemistry’

We’ve all thought it: “I just have a good feeling about this applicant.” Relying on subjective factors such as interview skills and personality is not the best way to pinpoint successful job candidates.

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Ensure timely consideration of disability-accommodations requests

Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Arriving at those accommodations is supposed to be an interactive process. If employers drag out that process, they run the very real risk of being sued.

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Self-audit your I-9 forms before ICE comes calling

The crackdown on employing individuals not authorized to work in the U.S. is coming. Your I-9s will be front and center. Self-auditing them now and correcting errors will save you a lot of heartburn later.

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Employers beware: Negligent hiring concepts still apply

The concept of negligent hiring is based on the legal concept that employers are liable for illegal or negligent acts their employees commit if the employer knew or should have known that hiring the person would put others at risk.

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Can workers demand remote work as a form of FMLA leave?

Employees who are eligible for FMLA leave sometimes don’t want to take it because it’s unpaid. However, some have begun asking to take intermittent FMLA leave on a work-from-home basis. Must employers grant such a request? It’s tricky.

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Obsessive-compulsive disorder and the ADA

Obsessive-compulsive disorder is an anxiety disorder characterized by uncontrollable, reoccurring thoughts and behaviors, and it can interfere with the ability to perform one’s job.

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Religious accommodation request? Here’s what not to ask

After last year’s landmark Supreme Court Groff v. DeJoy religious-accommodation case that strictly limited when employers can turn down requests, some employers took a hard line, demanding details about professed religious beliefs and solid documentation. But that is backfiring as courts set down strict standards on how much information employers can demand.

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Make privacy a cornerstone of your HR culture

Think about the amount of information and records that you maintain about employees. Now, think about the valuable information your organization possesses about clients and customers. Do you treat those two groups of data the same when it comes to confidentiality?

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Must we provide advance notice of a layoff?

We are doing a layoff that will affect some of our salaried managers. Are we required by law to provide a letter notifying them of the reduction in workforce?

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Making even a few ageist statements can land you in court

Here’s a reminder that HR needs to train supervisors and managers on ageist attitudes and comments. Even one or two isolated comments that could be viewed as criticism based on an employee’s age can be enough to justify an Age Discrimination in Employment Act lawsuit if there are other indications of favoring the young.

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