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Yes, unless the candidate’s language skills would clearly interfere with their ability to do the job.

Amidst all of the current controversy concerning immigration in the United States, the experience of immigrants in the workplace is also receiving heightened attention. The truth is, immigrants, including those who have become U.S. citizens, often have different workplace experiences than native-born Americans.  One such difference has to do with accents and how they can affect perceptions of competence. Read more ›

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Don’t Say That! … Or Do? New Court Guidance on Employer Statements in Union Organizing Campaigns

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What Does Your Minnesota Business Need to do to Comply with Minnesota’s new Wage Theft Law?

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Starting today, Minnesota has one of the toughest wage theft laws in the country. The civil portions of Minnesota’s new Wage Theft Law, effective July 1, 2019, require employers to take the following additional actions:

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Connecticut Passes Legislation Enhancing Employer’s Obligations Regarding Sexual Harassment Training and Notification to Employees

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Connecticut has joined the growing number of states passing or enhancing laws aimed to deter sexual harassment in the workplace. On June 18, 2019, Connecticut Governor Ned Lamont signed into law a bill entitled “An Act Combatting Sexual Assault and Sexual Harassment” which expands Connecticut’s current sexual harassment training and notification requirements for employers. Sandalo Donna Clara Enval DO 15982

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Colorado becomes the 13th State to “Ban the Box” – Prohibiting Employers from Inquiring about Criminal Convictions on Initial Employment Applications

Colorado employers should review and, if necessary, revise job applications to remove questions about criminal history.

Colorado has joined a growing number of states and municipalities to pass “ban the box” laws, which prohibit employers from asking job applicants about criminal convictions on job applications. Read more ›

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In Pay, May All Be Created Equal…An Overview Of The Colorado Equal Pay for Equal Work Act

The News

On May 22, 2019, Colorado passed a new pay equity law which brings the state to the cutting edge of regulation in this area.

The Basics

The Act, which will take effect on January 1, 2021, prohibits discrimination because of sex (including gender identity) and provides that employers may not pay an employee of one sex less than an employee of another sex for substantially similar work (measured as a composite of skill, effort, and responsibility).  The Act allows employers to avoid liability for pay disparities if they can show that the disparity results from: Read more ›

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Nine Questions Answered About the Proposed Chicago Fair Workweek Ordinance

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The proposed Chicago Fair Workweek Ordinance, introduced in the City Council on May 29, 2019, would require certain Chicago employers to publish employees’ schedules two weeks in advance and limit their ability to change employees’ schedules or impose mandatory overtime and impose new record-keeping requirements. If enacted in its current form, the ordinance would take effect on April 1, 2020. Read more ›

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HR Headaches is a blog for Human Resources professionals, business owners, and in-house counsel to get the latest news, analysis and tips in the area of labor and employment law. Every day there are new court decisions, agency interpretations, and regulations which affect the workplace, making it difficult, if not impossible, for many employers to keep current. HR Headaches is dedicated to providing information in a practical, no-nonsense manner to help employers avoid legal disputes and keep policies up to date.
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