Mark Toth

Mark Toth has served as Manpower Group North America's Chief Legal Officer since 2000. He also serves on the company’s Global Leadership Team, Global Legal Lead Team and North American Lead Team. Mark is recognized as an expert on legal issues affecting the U.S. workplace and is frequently quoted in media from The Wall Street Journal to 60 Minutes. He is also a past Chair of the American Staffing Association and is a certified Senior Professional in Human Resources. Contact him at mark.toth@manpowergroup.com.

Articles by Mark Toth

HR News & Trends, Legal Issues

EEOC Settles First Lawsuit Under Genetic Nondiscimination Act

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Employer liability for violating the Genetic Information Nondiscrimination Act (GINA) is no longer theoretical.

The EEOC has announced its first-ever GINA settlement. A large fabric distributor agreed to pay $50,000 and provide other relief to resolve alleged violations of GINA and the ADA (Americans with Disabilities Act).

What did the employer do wrong?

According to the EEOC, it erred when it asked an employee for her family medical history as part of its post-offer medical exam. The claimant was required to fill out a questionnaire that inquired whether she had any family history of heart disease, cancer, diabetes and other conditions. Read more…

HR News & Trends, Talent Management

What’s the No. 1 Worry For HR Executives? Surprise! It’s a Talent Issue

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Want to know what’s reeeeeeally going on in the world of work?

Right Management, the talent and career management arm of ManpowerGroup, has released a flurry of study results in recent weeks. Here are the highlights:

What’s the No. 1 Worry?

For the third year in a row, a lack of high-potential leaders is the top concern for U.S. HR execs, 32 percent of whom put it at the top of their list.

“The year-to-year consistency in our findings tells us that future leadership or lack thereof is top of mind for organizations nearly everywhere,” says Gerald Purgay, SVP of Right Management. Read more…

HR News & Trends, Recruiting and Staffing

Is There a Visa Lottery Coming Sometime Soon?

H-1B-Visa

It’s looking more and more like the H-1B visa limit will be reached virtually instantaneously this year.

The Wall Street Journal reports this week that “government and company officials predict employers by Friday will exhaust the quota for this year’s application season.”

Each year, U.S. companies can sponsor a cap of 65,000 applicants for H-1Bs. An additional 20,000 visas are available to those with advanced degrees from a U.S. university. Read more…

HR Management, Legal Issues

How Not to Get Sued For April Foolishness in the Workplace

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There’s a distinct possibility that some of your employees will do something foolish today that could get you sued, fired or worse.

To help prevent that from happening, the following is our handy How Not to Get Sued for April Foolishness.

The April Fools’ Hall of Shame

Death. Serious injury. Emotional distress. Massive lawsuits. All have resulted from workplace pranks gone bad. Here are just a few examples: Read more…

HR Basics, HR News & Trends

Expansion of Remote Work Options May Be Fueling Explosion of I-9 Audits

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There’s an interesting piece in SHRM’s most recent HR Week about the explosion of I-9 audits in recent years.

In short, they’ve grown from three (3) in 2004, to 500 in 2008, to a whopping 3,004 in 2012. That’s a more than 100,000 percent increase in less than a decade.

Fines can be enormous: From $375 to $3,200 for each first offense, $3,200 to $6,500 for second offenses, and $4,300 to $16,000 for third offenses. That’s in addition to paperwork penalties, which range from $110 to $1,100 each. Read more…

HR Basics

Everything You Could Possibly Want to Know About the New FMLA

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The new FMLA rule is now in effect. Here’s a handy guide to what you really need to know.

What changed?

In 2008, the Family Medical and Leave Act was amended to provide leave for military families.

In 2010, the FMLA was amended again to expand military-leave protections and to add a special eligibility provision for airline flight crews. The new rule — which officially went into effect March 8 — puts those changes into practice. Read more…

HR News & Trends, Recruiting and Staffing

Manpower Survey Shows That Q2 Hiring Plans Look to Be Stable

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U.S. employers continue to take a measured but optimistic approach to hiring plans for Q2 2013, according to the latest Manpower Employment Outlook Survey.

Here’s a handy infographic entitled Where the Jobs Are. It offers a snapshot of data and trends from the survey, including key state and metro-specific Outlooks along with an industry forecast.

Highlights

The seasonally adjusted Net Employment Outlook for Q2 2013 is +11 percent, down a point from Q1 but slightly up from +10 percent during the same period last year. Read more…

Leadership

The No. 1 Leadership Trait You Really Need to be Successful

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Most workplace disputes and disasters can be traced back to one thing: a lack of leadership.

So, what’s the absolute No. 1 most important leadership trait in the history of the universe? Last week, we posed the following question for your consideration:

What’s the absolute No. 1 leadership trait in the history of the universe?

After more than 300 votes, here’s how you responded: Read more…

HR Basics, Legal Issues

What Employers Need to Know About New 563-Page Health Privacy Rule

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As discussed in our last webinar, in late January the U.S. Department of Health and Human Services (HHS) issued its much-anticipated 563-page final omnibus rule regulating protected health information.

As promised, here’s a guide to what employers really need to know. Read more…

HR Insights, HR News & Trends

Here’s What Concerns HR and Talent Managers the Most

From the HR blog at TLNT. Illustration by istockphoto.com.

Editor’s Note: We feature posts from Mark Toth, chief legal officer for Manpower North America, here on TLNT. He recently asked readers to his Manpower Employment Blawg to send in their No. 1 work concern, and the responses were such that we decided to list them here.

In preparation for my most recent webinar, we asked you: What ONE thing concerns you most about the world of work right now?

We got a whopping 772 answers, many of them brimming with angst and emotion. Here’s basically what you said: Read more…