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HR Personal Liability: The Weekend Roundup


Welcome to the new work week. In any profession, there are a proliferation of articles with suggestions for better performance. This week, we tip our hat to all HR professionals. This is, in part, in the wake of a recent court decision that again elevates the responsibility of the HR manager—the court purports that HR managers are personally liable for violations of FMLA (see below article for more). Though there have been mentions of eliminating HR and replacing it with robots, the reality is that HR is consistently being elevated, in terms of responsibility, liability, and business input. Here’s to HR!

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Lexology: Court Says Human Resources Director Can Be Liable Under the Family and Medical Leave Act

You read that right. The U.S. Court of Appeals for the Second Circuit ruled that the HR director can be personally liable for Family Medical Leave Act violations. FMLA is applicable only to companies with 50 or more employees in a 75 mile radius. If you read the wording of the decision, it is also possible that the responsibility will be extended to managers and department heads.

In the wake of this, the best course of action is to carefully train all managers, especially those in HR, on the FMLA and carefully consider all requests from employees.

Inc.: Why HR Professionals Are Wrong About Social Media

Let’s face it: even though it is a legal minefield, most HR professionals are checking social media posting before they hire. And, in a recent survey, only 39 percent said they would give applicants the chance to explain themselves. If you’re in the 61 percent who would toss the application, this article gives food for thought. Also, if you’re in the majority who are looking through social media and requesting passwords at the interview, we’d recommend pausing and considering the potential ramifications of your actions.

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Fistful of Talent: Would You Hire Any Of The Presidential Candidates For Your Company?

Tim Sackett is broadcasting on Anchor.FM today about the presidential candidates as potential employees. Would you hire them or no? The podcast is short, and Sackett is looking for your feedback.

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