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How to Find a Trustworthy Employment Attorney

Details: “The dialogue can be incredibly productive, unless the lawyer charges for it; then find a new lawyer,” Segal says. Allen Smith, J.D., is the manager of workplace law content for SHRM. Follow

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How SHRM Certification Has Made Me a Better Lawyer

Details: As a business and employment attorney, my clients include companies, management, HR professionals and front-line supervisors. Achieving SHRM certification has been a game-changer.

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When Does HR Cross Over into the Practice of Law

Details: The tension between HR and attorneys over when HR professionals are unlawfully practicing law goes back at least 15 years to an American Bar Association (ABA) model definition for …

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Viewpoint: Confessions of a Reformed Employment Attorney

Details: Viewpoint: Confessions of a Reformed Employment Attorney. [email protected] By Jathan Janove, J.D. July 9, 2018. Image Caption. On behalf of the employment law profession, I apologize to

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James L. Banks, Jr., J.D. General Counsel

Details: James L. "Jim" Banks serves as SHRM's General Counsel, managing SHRM's legal functions, overseeing the work of outside counsel, and serving as key lawyer

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The Privilege of Talking with Your Lawyer Blog.SHRM.org

Details: The lawyer engaged by the Company represents the Company and not you. So be honest about work issues but be careful about issues that may be adverse to the Company. If you are thinking of exercising your legal right to bring a claim, do not give the Company’s lawyer a heads up! He or she, ethically, cannot retain your confidence.

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Attorney-Client Privilege: What You Need to Know

Details: The attorney-client privilege is a way to address communication to your outside or in-house counsel when you need to send a message (i.e., letter or email) but don't want it …

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Ethical vs. Legal Responsibilities for HR Professionals

Details: If you're not sure whether there's a legal issue, you need to consult a lawyer." And bear in mind that areas that at first seem gray often are clarified the more you learn about them. "Many

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More Lawsuits Challenge COVID-19 Vaccination Mandates

Details: August 22-25, 2021. Support and shape the future of talent management live online, or in-person. More employees are challenging employers' COVID …

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Bridging the Opportunity Gap for Black Lawyers

Details: A lack of exposure with the clients generally will inhibit a lawyer's ability to transfer his or her skill set to an in-house legal department because the company hasn't gotten familiar with the

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Tips for Handling Personnel File and Records Requests

Details: Plaintiffs’ lawyers regularly use California Labor Code provisions to obtain pay and personnel records before a lawsuit has been filed. So including …

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Providing Training on HR Issues with Legal Impact: Can HR

Details: If their purpose is a reaction to a potential legal situation, I refer them to a colleague who is an HR/employment lawyer.”

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Why Litigate When You Can Mediate

Details: Even when employees are not helping a lawyer to prepare the case, the distraction of the ongoing conflict can take a toll. For example, your business may suffer from a tarnished reputation or

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Prepare for Wide Range of COVID-Related Lawsuits

Details: Prepare for Wide Range of COVID-Related Lawsuits. [email protected]org. By Allen Smith, J.D. May 27, 2020. Image Caption. Page Content. Employers can expect to face many coronavirus-related

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You Don’t Have to Pay the Hidden Costs of Employment

Details: As a family lawyer friend once said to me, "The negotiation of a prenup is a pretty good guarantee of its eventual use." And, of course, there's employee practices liability insurance (EPLI), a

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Hospital Employees Sue Over COVID-19 Vaccine Mandate

Details: Hospital Employees Sue Over COVID-19 Vaccine Mandate. [email protected]org. By Lisa Nagele-Piazza, J.D., SHRM-SCP June 3, 2021. Image Caption. Page Content. Some employees of Houston

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Waiver of Attorney-Client Privilege Via Facebook Blog

Details: During discovery, the employer learned that the plaintiff had communicated with her cousin, who was a lawyer, about events leading up to the plaintiff’s termination. The employer also discovered that the plaintiff had discussed the communications with her cousin (the lawyer

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Memphis Immigration Lawyer Greg Siskind Authors Book on

Details: Alexandria, Va. - Memphis-based immigration lawyer Greg Siskind offers help to employers with his book released this summer, “The Employer’s …

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Hollywood Stars Help Low-Income Employees Lawyer Up

Details: Hollywood Stars Help Low-Income Employees Lawyer Up Time’s Up Legal Defense Fund will support all stages of harassment claims [email protected]org. By Allen Smith, J.D. …

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EEOC May Face $4 Million in Attorney Fees

Details: The decision means that the EEOC may have to honor a lower court’s ruling and pay an Iowa trucking company $4 million for fees incurred when investigating claims. “This …

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Contract Lawyer May Be Entitled to Overtime

Details: Contract Lawyer May Be Entitled to Overtime #Whitney R. Brown By Whitney R. Brown November 1, 2015: LIKE SAVE PRINT EMAIL Reuse Permissions. Members may download one copy of our sample forms and

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After a Disability, a Return-to-Work Advocate Helps

Details: Benefits. After a Disability, a Return-to-Work Advocate Helps. When a medical emergency turns life upside down. #Mary Malone, The Standard. By Mary Malone, The Standard March 1, …

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Know the Risks of Fighting Unemployment Claims in Kentucky

Details: "A non-lawyer attempting to represent an employer at such proceedings could also be accused of the unauthorized practice of law." The Nichols decision may set a precedent affecting other

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MetLaw® Hyatt Legal Plans, Inc

Details: MetLaw®. For as little as $18.00 per month through payroll deductions, MetLaw® provides fully covered legal advice and representation for most personal legal matters (employment and business related matters are excluded from coverage). * Everyone needs legal guidance from time to time. In fact, most of your employees have not prepared wills

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Going Beyond Compliance to End Workplace Harassment

Details: Complying with anti-discrimination and anti-harassment laws is a critical part of the job for managers and HR professionals. To create a positive workplace that is inclusive of all employees

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HR or Legal: Who Conducts an Investigation

Details: If a lawyer does the work, there may be the advantage of attorney-client privilege, but employees may be more comfortable opening up to HR. When there is a need to conduct a workplace

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How Does Your Workplace Handle Crying at Work

Details: As a young lawyer, Rosen recalled feeling intimidated and worried whether she and her peers measured up. "The bathroom club became a safe …

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Changes to Mexico’s Labor Law Lead Employers to Reconsider

Details: The 2019 overhaul of Mexico’s Federal Labor Law—bolstering employee rights and greatly strengthening collective bargaining rights—will radically reshape labor relations for …

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Hong Kong: Follow the Basics in Employment Law

Details: This article provides an overview of 11 key areas of employment law in Hong Kong. 1. Key Minimum Employment Rights. The principal statute regulating the work relationship is the Employment

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Cannabis Oil Complicates Drug Testing

Details: Cannabis Oil Complicates Drug Testing. [email protected]org. August 7, 2019. Reuse Permissions. Members may download one copy of our sample forms and templates for …

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EEOC Religious Accommodation Lawsuit Holds Lessons for

Details: "When these issues arise, it is almost always advisable for management to get the advice of an employment lawyer about a legal course of action," Spiggle said. "Failure to do so can land you in

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Lawyer Wasn’t Entitled to Full-Time Telecommuting

Details: Lawyer Wasn’t Entitled to Full-Time Telecommuting. #Jeffrey Rhodes. By Jeffrey Rhodes November 13, 2018. Image Caption. A federal district court upheld the U.S. Department of …

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Rocket Lawyer Competitors and Products in the SHRM Human

Details: Rocket Lawyer is the first SaaS-based legal benefit platform for employees. Since 2008, Rocket Lawyer has helped over 20 million people handle all of their legal matters. Now, employers can offer this valuable service to their employees.

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Transgender Student’s Case Raises Questions for Employers

Details: Transgender Student’s Case Raises Questions for Employers. Circuit court rulings could clarify definition of ‘sex discrimination’. [email protected]org. By Allen Smith, J.D. March 8, 2017

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The Work Opportunity Tax Credit Can Help Close the Skills Gap

Details: The Work Opportunity Tax Credit can help employers close the skills gap by encouraging them to hire applicants who often are overlooked, such as …

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Ask a Lawyer Northern Utah Human Resource Association

Details: In lieu of our normally scheduled luncheon, we will hold a virtual event Thursday, April 23. Attorneys Jesse Oakesen, Mike Stanger, and Mark Tolman will host "Ask a Lawyer" and provide us with information about the Families First Coronavirus Response Act.

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New York Legislature Passes Transgender Rights Law

Details: New York legislators passed a measure that will add gender identity and expression to the protected categories under the state's anti-discrimination law—which covers employment, housing and

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Legal Trends: The New Law of Training

Details: Sue K. Willman, SPHR, is an employment lawyer in the labor and employment practice group of Spencer Fane Britt & Browne LLP in Kansas City, Mo. She has more than 25 years of …

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Minnesota Court Creates 'Wrongful Discharge' Damages Claim

Details: The court held that where "an employee claims to have been discharged in violation of the MFLSA, resulting in lost wages by reason of the employee's resulting unemployment, the …

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Katharine T. Batista, Esq.

Details: Katharine T. Batista, Esq. Ms Batista is an attorney in the labor and employment practice of Offit Kurman’s Philadelphia office. She devotes her practice primarily to representing businesses in the

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Overtime Changes May Be Top Legal Trend for 2019

Details: The overtime rule will be one of the main concerns for HR professionals in 2019, particularly now that the proposed rule has gone to the Office of Management and Budget. Other issues to …

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5 Big Mistakes California Employers Make

Details: Here are five big mistakes that employee-side attorneys say businesses make when it comes to preventing lawsuits.This is the paragraph text I’d like to style. 1. Failing to Empower HR

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Supreme Court Sides with Truck Driver in Arbitration Dispute

Details: The U.S. Supreme Court ruled Jan. 15 that a trucking company can't compel arbitration in a wage and hour case brought by a truck driver who was classified as an independent contractor.

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IBM’s HR Takes a Risk

Details: Robert J. Grossman, a contributing editor of HR Magazine , is a lawyer and a professor of management studies at Marist College in Poughkeepsie, N.Y. …

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OFCCP Directives Will Result in More Audits

Details: The Office of Federal Contract Compliance Programs (OFCCP) has issued new directives that will result in speedier audits of federal contractors in 2019 and, thus, more of them.

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