HR Best PracticesOctober 17, 2023by Todd Stanton‘Tis the Season to Fire
The holidays are around the corner, which means “no fire season” is about to kick off. If you’re considering a reduction in force, now is the time.
Family & Medical Leave Act (FMLA)Americans with Disabilities ActHR Best PracticesGeneral BusinessLabor RelationsAugust 18, 2022by Heather BroadwaterStress, Anxiety, and the Employment Relationship
Stress and anxiety can have lasting effects on the overall employment relationship. Discover a few key takeaways and best practices for dealing with stress and anxiety so your employment relationship can thrive.
What kind of business do you want to have in five years? There are certain building blocks that are critical as you create the foundation for your entrepreneurial ideas. In part two of this three-part series, founder Todd Stanton offers insight into finding the right people for your workplace culture and practice success.
HR Best PracticesJuly 12, 2022by Amy ThomsonUsing Artificial Intelligence in the Hiring Process? Consider these ADA Pitfalls.
Many of these technologies use algorithms or AI to complete tasks historically done by a person, which may result in unlawful, discrimination.
HR Best PracticesDecember 22, 2021by Todd StantonNo Fire Season
Why make an employee’s worst day harder than it already has to be?
HR Best PracticesUncategorizedMay 24, 2021by Elizabeth SiglerChildcare: The Working Mom and Employer’s Conundrum
Childcare: The Working Mom and Employer’s Conundrum As primary caregivers, many working women have been disproportionately affected by increased personal responsibilities resulting from the pandemic. As a result, they have scaled back or totally left the workforce in staggering numbers. While not yet a widely litigated issue, the potential employment hotspots created by this issue...
Respectful WorkplaceHR Best PracticesDecember 6, 2019by Stanton LawHow to Avoid Office Holiday Party Lawsuits – Part 2
Last year, we provided holiday tips for avoiding lawsuits. With office parties just around the corner, we wanted to follow up with some further suggestions and tips on FMLA leave and the holidays. It’s the perfect gift from an Atlanta employment attorney to business owners and managers. No Mistletoe It’s all fun and games until...
You may be affected by European laws on gender pay reporting. Although equal pay for equal work is the law in the U.S., the U.S. does not currently have any federal law that requires a U.S. company to report or publish pay gaps. With the #metoo movement looking like it is here to stay, the...
The March 31, 2018 deadline for filing the EEO-1 report is right around the corner. Private employers with 100 or more employees and certain federal contractors are required to file an annual EEO-1 report. In 2016, the EEOC announced changes to the EEO-1 reporting process that would take effect in 2017. Covered employers would be...
Minimum WageInternshipsHR Best PracticesFair Labor Standards ActHiring and On-boardingFebruary 20, 2018by Stanton LawTo Pay or Not to Pay (Interns): That is the Question
Companies hire interns for various reasons – often primarily to save money while at the same time giving an up-and-comer in the business world an opportunity to gain valuable experience. Some companies choose to hire unpaid interns to maximize the economic benefit. However, while hiring an unpaid intern may appear economically beneficial, it could prove...
Employee Performance ManagementSupervisor TrainingHR Best PracticesDecember 8, 2017by Stanton LawTake the Stress out of Performance Improvement Conversations
Every now and so often, something can go wrong in the hiring process. A “bad apple” gets in the mix of a good performing team or maybe the hiring process was not an issue but a decent employee turned “bad.” Managing people is one of the hardest jobs, but when you have to deal with a “bad”...
Social MediaOff-duty Employee ActivitiesHR Best PracticesOctober 10, 2017by Stanton LawWhen Employees Engage in Extremist Off-Duty Activity: What is an Employer to Do?
There is little doubt that if an employee spewed hate-filled racist messages in the workplace or wore a Nazi swastika t-shirt to work, the employer would have justification to terminate their employment. Even in the public sector, where employers have First Amendment considerations, it would be hard to conclude that such behavior was constitutionally protected....
Respectful WorkplaceFamily & Medical Leave Act (FMLA)PregnancyHR Best PracticesFeaturedGeneral BusinessMay 22, 2017by Stanton LawWhen an Employee Suffers a Loss: Is Bereavement Leave Required?
In March 2017, bills were introduced to the House and Senate that would include the death of a child as a qualifying event under the Family Medical Leave Act (“FMLA”). Parents who are eligible employees who work for qualified employers could take up to twelve (12) weeks of unpaid leave to mourn the loss of...
Wage PaymentWorker ClassificationHR Best PracticesFair Labor Standards ActHiring and On-boardingFeaturedGeneral BusinessLabor RelationsDocument RetentionNovember 9, 2016by Stanton LawCapturing Pay Data: Are You Ready for the New EEO-1 Reporting Requirements?
For employers who are required to file an annual EEO-1 report, beginning in March 2018, the EEOC will also require those employers to report various types of pay data on their employees. The new rule changes the scope of the data that must be reported, the timing of the data collection, and the reporting deadline....
Employee Performance ManagementGuest WritersHR Best PracticesFeaturedGeneral BusinessUncategorizedFebruary 24, 2016by Stanton LawAre Tomorrow’s Leaders Ready Today? Three Things You Need to Know
What do you see as you look around a typical office? Once you get past the coffee cups, computer monitors, and creatively designed (or not so creatively designed) desks, it’s about the people. Diversity in the workplace has increased substantially within the last 10-15 years. There is a wealth of information out there about diversity...
Minimum WageWage PaymentIntershipsWorker ClassificationAt Will EmploymentHR Best PracticesFair Labor Standards ActFeaturedOctober 26, 2015by Stanton LawUpdate: New Rules on Unpaid Interns
The work is piling up and you could really use an extra pair of hands around the office. But you’re managing labor costs. Even though the economy has improved, it’s a competitive world out there. We’re all doing more with less. An unpaid intern seems to be the answer. Talk about the best of all...
Respectful WorkplaceSocial MediaHR Best PracticesFeaturedLabor RelationsUncategorizedMay 18, 2015by Stanton LawUpdate: What Recent NLRB Activity Means for Employee Handbooks and Policies
The National Labor Relations Board (NLRB) has recently released decisions and guidance with potentially significant implications for employee handbooks. These new developments are of mixed weight, and some we expect may eventually be more critical to incorporate than others. Regular review of your handbook by an employment attorney helps ensure that your company is up...
Benefits and Benefits AdministrationHR Best PracticesFeaturedDocument RetentionUncategorizedApril 7, 2015by Stanton LawEmployee Benefits Are Tricky Business: Are you as compliant as you think you are?
Employers offering employee benefits to their employees are required to meet virtually innumerable legal requirements under the Employee Retirement and Income Security Act (“ERISA”), the Patient Protection and Affordable Care Act (“ACA”), the Internal Revenue Code, as well as dozens of other federal and state laws related to benefits. These requirements fall into three categories...
Employee Performance ManagementAmericans with Disabilities ActAt Will EmploymentGuest WritersHR Best PracticesFeaturedMay 7, 2014by Stanton Law3 Things Employers Should Do After an Employee is Arrested for a DUI
Last week I received a rather unusual call from a good friend who is a VP of HR at a well-known company outside of Atlanta. It seems that Sheryl (not her real name) had been the recipient of an email from an employee in another department. This employee’s email contained info on someone else at...
Minimum WageWage PaymentWorker ClassificationHR Best PracticesFair Labor Standards ActHiring and On-boardingOvertimeFeaturedMarch 17, 2014by Stanton LawPresident Obama Targets “White Collar” Exemptions in Bid to Expand Overtime and Minimum Wage
Last Thursday, President Obama announced his directive to the Department of Labor to begin the process of revising federal regulations to expand the number of Americans eligible for overtime under Fair Labor Standards Act. He specifically targeted the “white collar” exemptions from overtime, including the administrative, executive, and professional exemptions. Currently, employers paying certain employees...
Minimum WageWage PaymentHR Best PracticesFair Labor Standards ActOvertimeNovember 4, 2013by Stanton LawAutomatic Gratuities: New IRS Guidance Goes Into Effect January 2014
Beginning January 2014, the IRS will begin enforcing guidance it published in a June 2012 ruling classifying automatic gratuities on restaurant checks as service charges and not tips. Many restaurants include automatic gratuities on checks for large parties or in the event of special promotions or discounts (Groupon or Scoutmob deals, for example) to ensure...
Respectful WorkplaceEmployee Performance ManagementAmericans with Disabilities ActHR Best PracticesHiring and On-boardingFeaturedOctober 21, 2013by Stanton Law“Derailers” and Employment Liability: Or, How to Get Out of the Way Before the Train Jumps its Tracks
Much of our advice to clients flows from observing two principles of human behavior, the first being: Angry people sue. Appreciating Principle #1 often helps employers navigate turmoil (or near-turmoil) with existing employees. Having patience and taking extra steps to manage employee expectations can sometimes avert or downgrade a brewing conflict, and proactively maintaining a...
Benefits and Benefits AdministrationHR Best PracticesFair Labor Standards ActFeaturedPosting RequirementsSeptember 25, 2013by Stanton LawQuick Reminder to FLSA-Covered Employers: Distribute ACA Exchange Notices to Employees by October 1st
The Department of Labor has issued temporary guidance outlining the requirements of the notice provision that the Affordable Care Act (ACA) added to the Fair Labor Standards Act (FLSA). Under FLSA Section 18B, employers must distribute notices announcing the existence of the Health Insurance Marketplace (i.e., the “Exchanges”) created by Health Reform, and explaining the...
Employee Performance ManagementGuest WritersHR Best PracticesHiring and On-boardingFeaturedSeptember 17, 2013by Stanton LawDerailed: How Can You Avoid a Costly Hiring Mistake?
When was the last time you saw a headline on Google News announcing yet another executive scandal? It happens almost daily, right? Our media is plagued with accounts of corporate fraud, audit scandals, and inter-office indignity. How can we, as HR, employment law and talent management professionals avoid the selection of leaders who dive off...
Respectful WorkplaceEmployee Performance ManagementHR Best PracticesHiring and On-boardingFeaturedUncategorizedAugust 30, 2013by Stanton LawSound like anyone you know? Portrait of a Classic Workplace Troublemaker
This video offers a funny (and uncanny) depiction of one particularly challenging workplace personality: http://www.youtube.com/watch?v=f57mGsZXF34 More on “derailers” and what they mean for your business to follow.
Benefits and Benefits AdministrationHR Best PracticesFeaturedGINAUncategorizedAugust 13, 2013by Stanton LawHIPAA Final Regulations – Quick Overview
On January 17, 2013, the Department of Health and Human Services released final regulations which provided sweeping changes to the rules under privacy, security, enforcement, and breach notification requirements of the Health Insurance Portability and Accountability Act (“HIPAA”), the Health Information Technology for Economic Health (“HITECH”) and the Genetic Information Nondiscrimination Act (“GINA”). “Covered entities”,...
Worker ClassificationPregnancyBenefits and Benefits AdministrationHR Best PracticesFeaturedGeneral BusinessMay 29, 2013by Stanton LawHealth Care Reform – What Does It Mean to You?
Over the past few years, employees across the country have been raising questions about health care reform and how it will impact them. The following communication has been created to help inform and educate employees about the possible changes that may affect them in the future. What is Health Care Reform? The Affordable Care Act...
HR Best PracticesHiring and On-boardingImmigrationFeaturedDocument RetentionApril 26, 2013by Stanton LawUpdated Form I-9 Becomes Effective May 8th
The U.S. Citizen and Immigration Services (USCIS) has released a newly revamped and reformatted Form I-9, along with corresponding instructions and M-274 Handbook for Employers. The new form, with revision date “(Rev. 03/08/13) N,” must be used effective May 8th, after which date employers should no longer submit forms bearing the revision dates (Rec. 08/07/09)...
Family & Medical Leave Act (FMLA)HR Best PracticesFeaturedPosting RequirementsMarch 8, 2013by Stanton LawDOL Issues New FMLA Regulations Affecting Military Leave and Airline Flight Crews
The U.S. Department of Labor (DOL) has issued updated Family Medical Leave Act (FMLA) regulations ahead of schedule, and just in time for the FMLA’s 20th birthday. The Final Rule addresses family military leave and rules applicable to airline flight crews. The effective date for these updates will be March 8, 2013, for those provisions...
HR Best PracticesFair Labor Standards ActOvertimeFeaturedFebruary 1, 2013by Stanton LawDrawing a Very Fine Line: Determining Creative Professional Exemption Status Under the FLSA
Who is an artist? For that matter, who gets to decide? These are existential questions rarely touched upon by folks who are not artists themselves. But if your business employs creative types, you, unfortunately, must also wade into this philosophical quagmire, at least for the purposes of determining whether the artist is entitled to overtime...
Benefits and Benefits AdministrationHR Best PracticesFeaturedJanuary 20, 2013by Stanton LawEmployer-provided Life Insurance as Imputed Income
As an employer, you’re likely aware of the requirement of managing and calculating “imputed income” for your employees. This requirement of the IRS applies to employees who are covered by an employer-provided benefit of more than $50,000 in term life insurance. This requirement is tedious and challenging, especially if you have a payroll or software...
HR Best PracticesFeaturedGeneral BusinessDecember 20, 2012by Stanton LawCrafting a Mobile Device Policy for the 21st Century
In this article: What is a Bring Your Own Device Policy (BYOD), and should your company have one? What are the security implications of BYOD, and how can you address them? What privacy issues does BYOD raise, and how can you manage them? If your employee handbook still contemplates pager use as an HR concern,...
Family & Medical Leave Act (FMLA)Guest WritersHR Best PracticesFeaturedUSERRADecember 4, 2012by Stanton LawThe Basics: Employer Overview of Family & Medical Leave
A. Definition of Family Medical Leave Family Medical Leave (FML) is a benefit that eligible/covered employers are required to offer to all eligible employees. FML was created by the Department of Labor (DOL) through the Family Medical Leave Act of 1993 (often referred to as “FMLA”). THE PURPOSE OF FML Family Medical Leave was designed...
HR Best PracticesFeaturedUSERRANovember 11, 2012by Stanton LawWarriors at Work: New Developments In Federal Employment Law Protecting Service Members
As thousands of Reservists and National Guardsmen and women return home from overseas campaigns to a less-than-booming economy, it has become hard not to notice the employment-related challenges facing military families. In 2001, the Defense Department began deploying record numbers of non-career military personnel under to a new manpower strategy designed to respond to unprecedented...
Employee Performance ManagementGuest WritersHR Best PracticesFeaturedOctober 27, 2012by Stanton LawT & A: There’s Never Been a Better Time to Get Some
Time and attendance headaches are everyone’s problem. Have you ever had an issue with a chronically late employee? You know the one. He slinks in at 9:30 a.m. more than a couple of days per week, even though his official arrival time is supposed to be 9:00 a.m. Does he provide a simple phone call...
HR Best PracticesHiring and On-boardingFeaturedSeptember 30, 2012by Stanton LawNew FCRA Forms Mandated by 1/1/13
Never content with the current regulatory burden upon employers, our estimable federal government has decided that the existing Fair Credit Reporting Act (“FCRA”) regulations and forms are insufficiently onerous. Accordingly, one of Washington’s latest bureaucracies, the Consumer Financial Protection Board (“CFPB,” the agency that has assumed FCRA-enforcement responsibilities from the Federal Trade Commission), has issued...
Employee Performance ManagementSupervisor TrainingGuest WritersHR Best PracticesFeaturedGeneral BusinessSeptember 3, 2012by Stanton LawFor CEOs, It Doesn’t Have To Be Lonely At The Top
This article was originally published in the June 29-July 5, 2012 edition of the Atlanta Business Chronicle. It is republished with the permission of the author. Like most adages or clichés, “lonely at the top” rings true most of the time. Whether you own your business, are a CEO, or the head of your department,...
Minimum WageWage PaymentHR Best PracticesFair Labor Standards ActOvertimeFeaturedUncategorizedJuly 9, 2012by Stanton LawWhen is Travel Time Compensable?
A recent call from one of my favorite clients prompted this post. His question: I have non-exempt employees who travel internationally for business. They sit on the plane for a long time going to and from assignments. Do I have to pay them to watch in-flight movies? My answer: It depends. And the factors on...
Family & Medical Leave Act (FMLA)Worker ClassificationHR Best PracticesFair Labor Standards ActImmigrationOvertimeFeaturedJune 11, 2012by Stanton LawTouching on the Most Common Issues
Most employers are too busy with their day-to-day operations to expend much bandwidth wringing their hands over the nuances of employment-law compliance. With this in mind, take a quick look at a rundown of the four most common employment law issues we see in our practice. Simply knowing that these land mines are out there...
The 1986 Consolidated Omnibus Budget Reconciliation Act (“COBRA”) requires certain employers’ group health insurance plans to offer qualified beneficiaries (including employees, former employees, and certain dependents) the opportunity to continue health insurance despite events (such as termination) that would otherwise result in the loss of coverage. Information on employers’ and employees’ rights and obligations under...
Family & Medical Leave Act (FMLA)Americans with Disabilities ActPregnancyGuest WritersHR Best PracticesFeaturedApril 19, 2012by Stanton LawHR Insider: Pregnancy & the ADA
I recently had lunch with a friend who is happily expecting her first child. While this is certainly an exciting time for her and her husband, she couldn’t help but be anxious about her company’s attitude concerning her pregnancy and the new arrival. Specifically, when she asked the company’s HR Manager about her options for...
Respectful WorkplaceGuest WritersHR Best PracticesFeaturedApril 1, 2012by Stanton LawCreating a Conflict-Conscious Workplace
Conflict comes in all sizes and shapes. It can be both constructive and destructive, productive and unproductive. But one thing is certain: where there are people, there is the potential for disagreements, disputes and interpersonal flare-ups that can undermine the health and well-being of any environment. Being aware of the different types of conflict and...
Wage PaymentIntershipsWorker ClassificationHR Best PracticesFair Labor Standards ActOvertimeFeaturedMarch 20, 2012by Stanton LawUnpaid Internships: No Panacea
Especially in these tough economic times, your company is looking to cut labor costs however it can. And if you can, at the same time do, a favor for a deserving young person looking to gain industry experience, all the better. An unpaid intern for your organization, then, would seem like a great idea, right? ...
Social MediaGuest WritersHR Best PracticesFeaturedMarch 6, 2012by Stanton LawAn Effective Social Media Policy
A couple of years ago, a manager stormed into my office demanding that I launch a full investigation into something that had been posted anonymously online. The particular social media website about which he was complaining allowed employees to post reviews about their company, and while not mentioned by name, the manager suspected that the...
Minimum WageWage PaymentHR Best PracticesFair Labor Standards ActOvertimeFeaturedFebruary 26, 2012by Stanton LawOverview of the Fair Labor Standards Act
The most common problem I’ve encountered since opening up my practice is employers who are not compensating their employees correctly. Unfortunately for these employers, wage and hour cases are big business for plaintiffs’ attorneys, and the Department of Labor loves making examples out of unsuspecting employers who are, in many cases, simply uninformed about the...
HR Best PracticesDocument RetentionGINAFebruary 12, 2012by Stanton LawEEOC’s New Rules Extend Recordkeeping to GINA
The Equal Employment Opportunity Commission earlier this month issued its final rule extending employers’ record keeping obligations under Title VII and the Americans with Disabilities Act to those organizations covered by the Genetic Nondiscrimination Act, or GINA. Effective April 3, 2012, employers with 15 or more employees must retain all personnel and employment records for...
Supervisor TrainingGuest WritersHR Best PracticesFeaturedFebruary 5, 2012by Stanton LawWould $8,300 Earn You A Promotion?
Research confirms what HR Professionals already knew: employees that are in the divorce process are often less productive, stressed, and more prone to distractions and increased absenteeism. A recent study by Integrated Organizational Development estimated the cost per worker going through a divorce at about $8,300, an amount that not only quantifies the decrease in...
HR Best PracticesFeaturedLabor RelationsPosting RequirementsJanuary 10, 2012by Stanton LawThe NLRB Delays the Posting Requirement (Again)
On December 23, 2011, the National Labor Relations Board (“NLRB”) again postponed implementing its requirement that employers expressly notify employees of their rights under the National Labor Relations Act (“NLRA”). Unless there are further delays (which is quite possible given the several challenges to the rule), the posting requirement will now go into effect on...
HR Best PracticesHiring and On-boardingImmigrationJanuary 4, 2012by Stanton LawIs Your Company Ready for Georgia’s E-Verify Mandate?
Starting January 1, 2012, Georgia employers with 500 or more employees must enroll and use E-Verify, the online federal work authorization program that determines the immigration status of new hires. The mandate will trickle down to companies with between 100 and 499 employees on July 1, 2012, and companies with 10 to 99 employees must...
Family & Medical Leave Act (FMLA)HR Best PracticesFeaturedDecember 28, 2011by Stanton LawSix Absolutes to Avoid FMLA Discontent
The Family and Medical Leave Act (“FMLA”) will never be a source of quiet repose for HR Professionals. But no matter how big your FMLA headaches become, they’ll unquestionably be a lot worse if you don’t at least implement these six simple propositions to head off the most common employee questions: Display a current version...
At Will EmploymentHR Best PracticesFeaturedDecember 13, 2011by Stanton LawHow Much Proof is Enough to Fire?
A likely story…. An HR director called me last week to ask whether it was okay to fire an employee whom she suspected of fraud. Apparently, because of an accounting system error, the company had unknowingly been paying the employee her regular wages for three months while the employee was out on (supposedly) unpaid medical...
Worker ClassificationHR Best PracticesFeaturedNovember 28, 2011by Stanton LawSafe Harbor for Misclassified Contractors? Or Snake in the Grass?
In one of my posts last month, I raised the specter of misclassified independent contractors. If you’d like a refresher about the risks to companies posed by misclassification, take a look here: http://goo.gl/Ptz06. Trust me – it can get ugly. Among the perils created by misclassification are the potential back taxes, interest, and penalties imposed...
Family & Medical Leave Act (FMLA)HR Best PracticesNovember 20, 2011by Stanton LawFLMA for the Holidays
Nothing dampens an employer’s holiday spirit faster or more completely than a lawsuit. I can’t promise that you won’t get sued before the end of the year, but I can offer a quick piece of advice that may take one issue off the table. If you have employees using their Family & Medical Leave Act...
Supervisor TrainingHR Best PracticesFeaturedNovember 17, 2011by Stanton LawPart II: Evolving out of the Evaluation
A few weeks ago, I tried to talk you out of clinging to your traditional employee performance evaluation. I suggested you scrap your company’s formal, stress-inducing, time-consuming, and ineffective “1-5” annual review in favor of a ongoing, interactive performance management system. I proposed that by involving employees in the goal-setting process, offering immediate and rolling...
HR Best PracticesHiring and On-boardingFeaturedNovember 3, 2011by Stanton LawAvoid Hiring the Next Person You’ll Fire
Avoid Hiring the Next Person You’ll Fire On a Cub Scout camping trip this weekend, I started talking with another boy’s dad. He was an emergency room physician at a large public hospital. During the conversation about all the crazy stuff he sees, he told me that the folks in the ER consider trauma to...