HR Compliance Questions of the Week

Can I Use a Non-Compete Ban In My Workplace?

Do you know how to handle non-competes in your workplace?
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Federal Tax Overtime Implication on 2025 W2s

Outline of the payroll requirements surrounding the federal overtime tax deduction in the One Big Beautiful Bill Act for 2025.
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Company Holiday Party Considerations – Pay, Safety, Inclusivity

The holiday season is just around the corner, bringing with it a variety of parties and events that celebrate this festive time. These gatherings are also opportunities to express gratitude to employees, recognize their hard work, and strengthen team bonds.
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Do I Have to Provide Employees Time Off to Vote?

Voting is a basic right in the United States, but do employers have to provide time off to allow employees to exercise that right? As with many answers in human resources, “It depends.”

How To Follow ACA Reporting Requirements & Avoid Penalties

Many organizations struggle to understand if they are following the Affordable Care Act (ACA) reporting standards correctly while others are not aware that they need to report in the first place. If you aren’t in compliance with ACA reporting requirements, each employee represents a potential fine. These fines can range from hundreds to millions of dollars—easy enough to bankrupt a smaller organization.

Free Speech in the Workplace: Navigating Rights & Respect

HR Question: In an era of polarized opinions, instant communication, and frequent social media interactions, HR professionals face the challenge of balancing employees’ free speech with maintaining a respectful workplace. How do we handle these sometimes-conflicting aspects in employment?

Workplace Bullying

How do you address bullying behavior in the workplace?

Investigations With Intention

Conducting an employee investigation is a serious matter that must be handled well, utilizing a fair, consistent, and compliance-driven process to protect staff and keep companies out of legal trouble. Whether it is harassment, ethics violations, unprofessional behaviors, or even illegal activity, HR professionals must swiftly address and investigate complaints with skill and expertise. Here are some things to keep in mind as you prepare for the investigation and read about how a recent situation was specifically handled.

The Top Seven Handbook Policies to Include This Year

We recommend reviewing your handbook at least once a year to ensure that your policies are up-to-date, inclusive, and reflective of the environment in which your organization operates. Here are some policies to consider adding to your handbook this year.

How Do I Handle Missing or Incorrect I-9 Forms?

HR Question: My company recently began reviewing our I-9s and found that we have some missing or incorrect I-9 Forms. Can we ask the affected employees to fill out another I-9 if it is missing? If so, how do we do it correctly? And if it was incomplete, can we update it on the old form?

What Employers Need To Know About Michigan’s Earned Sick Time Act (ESTA)

On February 21, 2025, Michigan Governor Gretchen Whitmer signed House Bill 4002 into law, amending the state's Earned Sick Time Act (ESTA). These changes have significant implications for employers operating within Michigan as they include revisions to accrual rates, carryover rules, and compliance deadlines.

How to Manage Creditable Coverage Reporting and Notices

HR Question: I am getting ready to report “creditability” of my prescription plans in March of this year, but I just sent a notice in October. Are these the same notices? And if so, why do I need to send them out twice?

Do I Need a New I-9 Form for a Name Change?

HR Question: I have an employee who recently changed their name. Do they need to complete a new I-9 Form for their name change?

What are the Best HR Practices for the End of the Year?

HR Question: I know there are several year-end human resources activities that should be done, and I'm worried I will miss a step. What are some of the best HR practices for the end of the year?

How to Conduct an Internal I-9 Audit

Leveraging our experience completing countless I-9 audits for our clients, we will share recommendations to help you through an I-9 audit and the correction process if you discover Form I-9 mistakes.

How To Conduct A Workplace Harassment Investigation

A workplace harassment investigation must be conducted swiftly and thoroughly upon receiving a complaint. Here are steps for HR to follow.

What are the Latest ACA Reporting Changes and Deadlines?

ACA update - employers with 10+ forms will be required to report through electronic methods. Here are the ACA reporting forms and deadlines.

How To Handle Expired Prescription Drug Use In The Workplace?

HR Question: We recently had a situation where a longtime employee, with no prior incidences, took an expired prescription drug that was inhibiting her performance. After her drug test, she tested positive with it in her system and the script was older than one year. What should I do?

What Are The Top 5 Commonly Missed Records In Employee Personnel Files?

Are you missing any key records in employee files? Avoid these common mistakes to protect your organization and improve HR compliance.

Can I backdate FMLA paperwork?

Under certain circumstances, you can backdate FMLA paperwork. The key is following the right process to be compliant. We'll explain how!

Can I Store I-9 Forms Electronically?

Here's how to complete and store I-9 Forms electronically, along with guidance on how long you are required to store I-9s.

Can We Cut a Live Check to Entice an Employee to Return Company Property?

Is it acceptable to cut a live check to entice a terminated employee to return company property? Learn about your options and legal concerns.

Mandatory Retirement: Is It Legal?

It's important to understand the risks of mandatory retirement should your organization choose to implement it. Here's what to consider.

How To Conduct a Workplace Accident Investigation

Despite the best efforts, accidents happen. Here's how to conduct a workplace accident investigation and steps to prevent future injuries.

Can an Employee Take FMLA Leave to Care for an Adult Child?

Do you know what to do if an employee requests FMLA leave to care for an adult child? Here are recommendations to remain compliant.

Has the Definition of “Undue Hardship” Changed?

Are you using the most up-to-date definition of undue hardship? Don't miss out on this HR Question of the Week to find out the answer!

Is it Important to Use Consensual Relationship Agreements?

What should you do if you learn two of your employees are in a romantic relationship? Learn the value of consensual relationship agreements.

What Laws Apply When Businesses Reach 50 Employees?

Reaching a workforce of 50 employees is a terrific milestone. Be sure you're aware of the laws that apply to businesses with 50 employees.

Who Has to Submit OSHA Form 300A?

Does your company need to comply? We'll explain which companies need to complete the OSHA 300A form along with the posting date requirements.

Performance Review Copies

It is best practice to give employees a copy of their review since it is a signed document being discussed with them.

Can you be an Employee and Independent Contractor for the Same Company?

It is possible to have a W-2 employee who also performs 1099 independent contractor work, but employers must follow these federal regulations.

At-Will Employment Termination Risks

Just because you're an at-will employer, doesn't mean you can end employment without reason. Learn more about at-will termination risks here!

Federal Employment Poster Requirements for On-Site and Remote Workers

HR Question: I keep receiving notices that I need to order new posters to meet federal employment poster requirements. Many of my employees aren’t in the office regularly and those that are don’t look at the posters or any of the compliance documents we are required to distribute. What’s the risk if we don’t post these posters or distribute the annual notifications to employees?

What is the Value of Job Descriptions?

What's the value of job descriptions? We'll explain what to include in job descriptions and how they can help with your HR HR Compliance.

ADA Accommodations and Attendance

If an employee with ADA Accommodations is not meeting the attendance requirements, is there anything we can do?
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FMLA Expiration and COBRA

It is common for employee coverage eligibility to expire after 12 weeks of leave under FMLA and any other required leave.

Are Employee Gift Cards Considered Taxable Benefits?

If you provide gift cards as employee rewards, do you know whether they are taxable benefits? Read this HR Question of the Week to find out!

Is It Okay To Use Personality Tests Prior To An Interview?

If you administer personality profile tests before an interview, you may want to reassess your recruitment process, and here's why.

What Does In Loco Parentis Mean In Regards to an FMLA Claim?

If an employee wants to take FMLA leave to care for a child, do they have to show proof of guardianship? What does in loco parentis mean?

How Can I Prevent Unethical Behavior On My Team?

As a supervisor, I know it’s my responsibility to prevent unethical behavior on my team. But what does that look like? How do I prevent it?

Do Our Remote, Out-of-State Employees Qualify for FMLA?

If you have out-of-state remote workers, be sure that you know how to remain compliant with FMLA regulations. If not, you risk costly fines.
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H-1B Termination

We'll address what an employer's obligation is when terminating an H-1B employee. Make sure you know before you take action!

Compensating Employees for Travel Time

The FLSA and state laws exist to provide definitions of travel time or impose additional requirements for travel time pay.

What Should I Consider Before Doing a Reduction in Force?

Review these eight recommended steps when considering a reduction in force (RIF) within your organization.

What is a Certificate of Qualification for Employment?

HR Question: This week a hiring manager was excited about a candidate but learned during an interview that the candidate has had a Felony for theft.  The candidate mentioned having an Ohio Certificate of Qualification for Employment that they could provide. Although we are not a bank and the role does not handle money, we […]
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Unemployment For Seasonal Workers

Are seasonal employees eligible for unemployment if they meet the minimum requirements of length of service and wages?

Return To Work / Fit for Duty

Employers are able to require a Fitness for Duty certification or request a 2nd opinion on return to work before an employee returns to work. 
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H-1B Versus At-Will Employment

Does hiring an individual who needs sponsorship to work in the U.S. nullify "employment at will" agreement?
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Impact Of Miscarriage On Leave

Consider your maternity leave policy and possibly FMLA in the event of an employee's miscarriage and need to be out of the office.

FMLA and Maternity Leave

Does maternity leave automatically qualify as FMLA? I have worked for my employer for 3 years seasonally and need time off.