Author Archives for michael

What to do when you notice issues or signs exhibited by an employee that you believe may be related to a medical issue?

Employers often notice performance, attendance, or other issues that lead them to be rightfully concerned about their employees’ well-being and safety. Managers, supervisors, and other decision makers in the organization should be trained to recognize situations and signals that could point to medical or personal issues requiring engagement in the interactive process under the Americans with Disabilities Act (“ADA”). The ADA not only prohibits employment discrimination based on disability, but also creates responsibility for employers to make good faith efforts to reasonably accommodate applicants and employees with disabilities.

Can Staffing Agencies Share Background Checks or Drug Tests with Clients?

A common question from Staffing Agencies is whether or not they can share background checks or drug tests with clients.  I understand wanting to do it, but I would highly recommend against it.

Paid Family Leave Around the Country

California, New York, New Jersey, and Rhode Island have all enacted laws providing paid family leave to employees who need time off to care for a seriously ill family member or bond with a new child.  Paid family laws in these states is paid for through employee payroll deductions and pay from 50 to 70 percent of an employee’s weekly wage for six to eight weeks of leave. 

Colorado’s New Consumer Data Privacy Law- Effective September 1, 2018

Come September 1, 2018, Colorado’s latest consumer data privacy legislation, House Bill 18-1128, goes into effect. The new law requires covered entities to establish reasonable security procedures, responsibly dispose of personal identifying information, ensure that third party service providers properly handle personal identifying information, and timely notify affected residents of a security breach.

Federal Court Suspends Portion of California Sanctuary State Law

A federal judge in California recently halted enforcement of part of AB 450, one of California’s “Sanctuary State” laws.  The law took effect in October 2017 and provides that employers:

·         May not allow federal immigration officials to access the employer’s nonpublic work areas unless the officials have a judicial warrant;

Are you Required to Pay on Holidays?

With the upcoming summer holidays approaching, many employers have questions regarding holiday pay.  Are private employers required to give employees time off?  Does the law require private employers to pay a premium rate, such as time and a half, to employees who work on holidays?  State and federal laws differ with regard to holiday pay.

Rhode Island Sick and Safe Leave Time Law: Effective July 1, 2018

Are you an employer in Rhode Island?  If you answered yes, you better be prepared for the Rhode Island Sick and Safe Leave Time Law, which will be in effect on July 1, 2018.  While the Rhode Island Department of Labor and Training has stated that it will not enforce fines contained within the statute until January 1, 2019- employees are still able to sue their employers over the new law.

2019 is Closer Than You Think – Washington State Employers Should Begin Preparing for New Paid Family and Medical Leave Law

Last year, the State of Washington passed the new Paid Family Medical Leave law (PFML).  The law covers all private employers in Washington. 

During a year, eligible employees may be entitled to job-protected paid leave as follows:

ADA and Website Compliance

Title III of the Americans with Disabilities Act (“ADA”) applies to all places of public accommodation (businesses open to the public). The federal circuits are somewhat split on whether the ADA applies to websites, and whether such websites must have a nexus to physical structures. Many recent cases, however, are trending toward requiring website accessibility (see below discussion of a recent summary judgment ruling out of California), and the Department of Justice (“DOJ”) has previously indicated that Title III of the ADA applies to websites that meet the definition of a public accommodation.

Are you ERISA Compliant?

Do you think that you are ERISA compliant?  The DOL has released the 2017 Form 5500, which is very similar to the 2016 Form 5500.  While similar, there is a big difference, where if the Plan Name changed from 2016 to 2017- you must note this on the second page of the 2017 Form 5500.  What this means is that something’s up with the DOL and health and welfare plans- are they ramping up enforcement?

Big Changes for New Jersey Employers

Following the lead of a number of other states and cities across the country, New Jersey is taking steps to implement two new laws that will have a significant impact on employers.

Washington State’s New Pay Equity Law

Pay equity legislation is a trend that’s sweeping the country.  Washington State joined the ranks of other cities, counties, and states by passing The Equal Pay Opportunity Act (EPOA).  The law was recently signed by the governor and goes into effect on June 7, 2018. 

A Reminder that All Are Equal-Opportunity Harassers

After a two-year hiatus, American Idol is back on the air…  Please try to contain your excitement!  It’s been in the news lately not so much for its hilarious outtakes of woefully awful singers or the high drama of killing burgeoning singers’ dreams in an instant, but for illustrating a key employment law take-away. 

New Rules for Disability Claims Take Effect April 1, 2018

On April 1, 2018, new Department of Labor regulations regarding short-term and long-term disability plans covered by the Employee Retirement Income Security Act (ERISA) go into effect.  Employers must make sure that they and their plan administrators and third party administrators are ready to comply with the new regulations

Misuse of Biometric Information Costs Corporations Millions

What do you need in your HR toolbox that Facebook, Google, United Airlines, Snapchat, and Shutterfly wish they would have had?  You may not know it yet, but a biometric information policy could be standing between you and millions of dollars in liability. 

Social Media and Off-Duty Activity

What do you need in your HR toolbox that Facebook, Google, United Airlines, Snapchat, and Shutterfly wish they would have had?

Pay Withholding

What do you need in your HR toolbox that Facebook, Google, United Airlines, Snapchat, and Shutterfly wish they would have had?