Here are some key points to remember when asking about citizenship/national origin:
- You can ask if they are authorized to work in the US.
- Do not ask about specific national origin, citizenship status of parents/spouse or ask them where they/their parents were born.
- Focus on their ability/authorization to perform the job successfully with or without sponsorship now and in the future.
20. Experience includes Vice President of Human Resources for 10,000+ employees in multi-state locations as well as Director of Nursing and Recruiter experience.
27. Mr. Kreyer has an extensive background in leadership, strategic planning, budget & project management, labor relations and negotiations, organizational development as well as creative problem resolution.
120. Civil penalties against an employer of up to $1,000 per misclassified employee for a first violation and up to $2,500 per misclassified employee for each subsequent violation
127. The Act also gives the U.S. Department of Labor's (DOL) Wage Hour Division (WHD) the authority to investigate and gather data regarding the wages and hours of employment for entities subject to the requirements of the Act.
128. Employers that violate minimum wage or overtime pay provisions may have to pay back wages and penalties.
132. More than 75% of survey respondents reported not being compensated for overtime worked in the previous week—and they averaged 11 hours of weekly overtime.
141. From 1990 to 2009, the percentage of sexual harassment claims filed by men has doubled from 8 percent to 16 percent of all claims, according to the Equal Employment Opportunity Commission.
145. Any party acting as an agent of the employer such as a real estate agent or consultant can be a perpetrator in a harassment claim.
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148. Hostile work environment harassment is harassment that typically must be intentional, severe, recurring and pervasive, and interfere with an employee's ability to perform his or her job
153. For example, Quality Control Supervisor Langston Satterwhite, of Maple Heights, Ohio, had an excellent performance history, but a white supervisor unfairly disciplined him for trivial matters, such as having facial hair or using a cell phone, even though white co-workers were not reprimanded for doing the same things.
159. USA Today: The number of ADA charges filed in 2009 hit an all time high with almost 21,500 ADA related charges being filed with the EEOC
160. The good news: 60% were found to have no basis under its rules, and about half of the cases it did take resulted in an outcome favorable to the employee.
167. Recent case: Amelia Ravan claimed that her supervisors at Forest Pharmaceuticals wanted to get rid of her and that she worked in what was essentially a hostile environment.
168. When she couldn’t take the stress anymore, she was diagnosed with anxiety and depression and took FMLA leave.
191. Charlene Wisbey brought suit against her employer of twenty-seven years, claiming that her rights under the Americans with Disabilities Act (ADA and the Family Medical Leave Act (FMLA), were violated when she was terminated based on the results of a “fitness for duty exam.”
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199. The proposed legislation would increase employers’ potential liability for compensation decisions.
275. Remember that your organization may have been moving downward for a year or two, and that it is going to take a substantial period of time to reverse the process.