Another Joint Employer Test Makes Its Debut

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On January 25, 2017, a federal appeals court that covers Maryland, Virginia, West Virginia, and North and South Carolina was the latest to craft a joint employer test, holding that a Maryland general contractor was the joint employer of its drywall subcontractor’s employees. As a result, the contractor was responsible for unpaid wages, including overtime, for the sub’s employees.

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Trump’s SCOTUS Nomination May Impact Employee Class Waiver Agreements

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President Trump is not wasting any time acting on several of his campaign promises. Whether or not the administration’s actions align with those campaign promises, however, is yet to be seen.

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You May Have a Failure to Communicate — State Notice Requirements Are Plentiful

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Your company probably makes written offers of employment. After all, it makes good sense — it confirms basics about the job, such as the position being offered and pay rate.  For the applicant, it makes clear the terms of the offer and any conditions, such as passing background screening. But, an offer letter may also be useful for another reason — meeting state or local legal obligations for communicating information.

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Mandatory Flu Vaccinations? Immunize Yourself Against Religious Discrimination Claims

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You are an HR generalist at a 300-bed community hospital. Your boss has instructed you to make sure that all personnel files document that the employee received the hospital’s annual mandatory flu vaccination. However, you notice that seven employees still have not gotten their vaccinations, two weeks after the deadline. When you email them to ask why, they respond they cannot get the vaccine due to their religion. What do you do next?

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What to Do When OSHA is at Your Door

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You arrive at work bright and early, only to find that someone beat you there — OSHA is waiting to perform an inspection. Now what? Many employers think they have little say in what happens next. Actually, employers have many choices to make, starting as soon as OSHA arrives.

The first thing step is simply bringing the compliance officer to a conference room or other appropriate location. You should select a location that is private and located close to the entrance, so you do not have to walk the compliance officer through any more of your facility than necessary. If the compliance officer happens to see something that may be a violation, this could provide the basis for a citation and/or expansion of the inspection.

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