01/12/2012
Q. We recently decided to start making copies of documents that employees provide to complete their I-9 forms (driver’s license, etc.). Do we need to go back and complete new I-9s for employees hired before this date or ask them to provide the documents again so we can make copies?
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12/08/2011
Make a fresh start in 2012 by creating a new employee record-keeping system. Whether you’re going to stick with paper files, create computer-based folders or go high-tech and store your records in the cloud, you need to create at least four separate sets of records for each employee:
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11/23/2011
Q. A few employees have complained that we use their Social Security numbers (SSNs) as their ID numbers. They’re concerned about identity theft. Is it legal to use Social Security numbers for ID purposes?
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11/15/2011
Given the low cost and the easy accessibility of electronic records storage, many employers are making the digital leap to “paperless” HR. But despite the many benefits of going paperless, a host of legal problems could derail even the best-intentioned digital records plan. Carefully consider these legal issues when transitioning to an electronic personnel records system.
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09/28/2011
Would you know how to counter evidence about events that occurred two, three or more years ago? Employees often go back years to come up with circumstantial evidence that their employers are biased.
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07/06/2011
Personnel records contain information that’s prime material in any employment discrimination lawsuit. An employee who alleges discrimination is entitled to see how she compares with other similarly situated employees, and can do that by reviewing relevant personnel files.
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06/23/2011
Q. We recently received a subpoena to produce the contents of an employee’s personnel file in connection with a federal lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena?
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06/10/2011
Attorney General Lisa Madison has ordered Central Management Services (CMS), the state agency that processes workers’ compensation payments, to turn over records relating to 230 claims from correctional officers at Menard State Prison. The claims cover repetitive stress injuries allegedly linked to the locking mechanisms on the cells at the prison.
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06/09/2011
The U.S. Citizenship and Immigration Services last month unveiled I-9 Central, a new online resource center that pulls together all the agency’s information and advice about Form I-9, Employee Eligibility Verification.
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06/03/2011
Employers are used to breathing a sigh of relief when 300 days pass without learning that a former employee has filed a discrimination complaint with the EEOC or the New York State Division of Human Rights. They assume that missing the deadline means the employee won’t be able to sue. Not so fast!
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05/31/2011
The U.S. Supreme Court last week upheld an Arizona law that requires employers in that state to use the federal government’s E-Verify electronic employment eligibility verification system. Other states are already lining up to require their employers to use E-Verify, too, joining 11 states that already do. It's time to learn how to use the government's online tool.
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05/31/2011
In the name of organization, HR professionals and managers alike have been known to accidentally discard a document, whether paper or electronic, that they shouldn't have. In your quest to clean out overflowing file cabinets or e-mail inboxes, take your time and follow these guidelines.
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05/24/2011
The final regulations for implementing the Americans with Disabilities Act Amendments Act of 2008 went into effect today. In the two years since the ADAAA was enacted, employers have begun to experience the law's profound impact. With the final regs in place, expect courts to view them as the law of the land. They're sure to be the critical factor in future ADA cases.
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05/24/2011
It's a hot hiring trend for sales positions and other jobs that call for great verbal skills: Asking job applicants to leave a voice-mail message in which they make their best pitch. Advocates say it's an effective way to tell right away who has potential — and quickly weed out duds. But is it legal?
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05/20/2011
Q. One of our former employees has requested to see his personnel file. Are we required to allow him access to it?
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