October 29 Newsletter
October 29, 2024
Here’s What You’ll Find in our October 22nd Weekly Legal Brief Blog of the Week- DOL Issues Principles and Best... Read More
October 29 Tip of the Week
October 29, 2024
“Service Animal Requests” Have you ever had an employee request to bring a service animal to work and wondered how... Read More
HR Chat: Job Protection
October 28, 2024
You have an employee on their twelfth week of FMLA leave with the birth of their child. When they went... Read More
Department of Labor Issues Principles and Best Practices on AI and Worker Well-Being
October 23, 2024
The Department of Labor (DOL) issued AI guidance on October 16, 2024. The Principles and Best Practices on AI and... Read More
October 22 Newsletter
October 22, 2024
Here’s What You’ll Find in our October 22nd Weekly Legal Brief Blog of the Week- FMLA Tips to Avoid Costly... Read More
October 15 Tip of the Week
October 21, 2024
“Wage Deductions” Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms or... Read More
HR Chat: Remote Workforce
October 21, 2024
Your company has an employee who works remotely, but in the same state that your business operates in. Recently, their... Read More
Two FMLA Tips to Avoid Costly Lawsuits
October 18, 2024
Going to court to defend against being sued by an employee is expensive, even if you ultimately prevail. To reduce... Read More
October 15 Newsletter
October 15, 2024
Here’s What You’ll Find in our October 15th Weekly Legal Brief Blog of the Week- DOL Releases AI and Inclusive... Read More
Non-Competes: Becoming Increasingly Difficult to Implement and Enforce
October 15, 2024
As 2024 was the year that Federal Government agencies (specifically the FTC) continued ruling against non-compete cases, they simultaneously created... Read More
October 15 Tip of the Week
October 14, 2024
“Termination Letters: Required or Not?” One of the questions we often get asked at myHRcounsel is “I just terminated an... Read More
HR Chat: Final Paycheck
October 14, 2024
You own and operate a store in a small town and must make a difficult decision. You are terminating an... Read More
myHRcounsel x Woven: Best Practices for HR Compliance & Operational Efficiency
October 11, 2024
Mark Young, J.D., MBA, SPHR, CEO of myHRcounsel, LLC, and Matt Goebel, CEO of Woven, team up for an insightful... Read More
Smooth Exits: Mastering the Art of Terminations
October 11, 2024
It’s come to the time that you need to make the dreaded decision to terminate your employee. Terminations can be... Read More
DOL Releases AI and Inclusive Hiring Framework
October 09, 2024
In September 2024, the US Department of Labor (DOL) released an AI and Inclusive Hiring Framework. The Framework seeks to... Read More
October 8 Newsletter
October 08, 2024
Here’s What You’ll Find in our October 8th Weekly Legal Brief myHRcounsel Receives Great Clips Vendor of the Year Award!... Read More
“Changes on the Horizon”- a letter from our CEO Mark Young
October 07, 2024
There’s just 28 days until the election, which many sources believe will be close, and we know there will be... Read More
October 8 Tip of the Week
October 07, 2024
“The Growing Concerns of Cybersecurity” An area of great concern for employers over the last several years is cybersecurity. The... Read More
HR Chat: Missing Tips
October 07, 2024
You operate a business that accepts tips from patrons. Recently, an employee complained to the manager that the shared tips... Read More
October 1 Newsletter
October 01, 2024
Here’s What You’ll Find in our October 1st Weekly Legal Brief myHRcounsel Receives Great Clips Vendor of the Year Award!... Read More
October 1 Tip of the Week
October 01, 2024
“The Hazards of Employee Monitoring” In today’s workplaces, employers have limited means of monitoring employee performance. Supervisors and managers cannot... Read More
HR Chat: Religious Accommodation
September 30, 2024
You operate a manufacturing plant that has about 25 employees working on the floor during operational hours. As your business... Read More
First Business Sued for Violating Pregnant Workers Fairness Act (PWFA)
September 27, 2024
What Happened? On September 10, 2024, the Equal Employment Opportunity Commission (EEOC) filed their first federal lawsuit against a company... Read More
Returning to Work: What Employers Need to Know
September 25, 2024
What are the facts? On September 16, Amazon announced that its corporate employees will be required to return to working... Read More
September 24 Newsletter
September 24, 2024
Here’s What You’ll Find in our September 24th Weekly Legal Brief Blog of the Week- Food Allergies Under the ADA!!!... Read More
HR Chat: Friday Call Outs
September 23, 2024
You have an employee who has worked for you for over 3 years. Recently, the employee has called out sick... Read More
September 24 Tip of the Week
September 23, 2024
“The Importance of Job Descriptions” When hiring, employers often feel pressure to get jobs... Read More
Food Allergies Under the ADA!!! What Your Organization Needs to Know
September 18, 2024
As Generation Z enters the workforce, a (not so) new issue is facing employers at a growing rate. The rate... Read More
September 17 Newsletter
September 17, 2024
Here’s What You’ll Find in our September 17th Weekly Legal Brief Blog of the Week- Can Employers be Held Liable... Read More
September 17 Tip of the Week
September 17, 2024
“Wage Deductions” Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms or... Read More
HR Chat: Fantasy Football
September 16, 2024
The NFL season has begun, and tension amongst some of your co-workers has been high due to a fantasy football... Read More
September 10 Newsletter
September 10, 2024
Here’s What You’ll Find in our September 10th Weekly Legal Brief Blog of the Week- Employee Dress Codes Tip of... Read More
September 10 Tip of the Week
September 09, 2024
“Employee Changes” Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or... Read More
HR Chat: Hairstyles
September 09, 2024
As your employees return after the weekend, you notice that one of your employees has a new hairstyle. They have... Read More
September 3 Newsletter
September 03, 2024
Here’s What You’ll Find in our September 3rd Weekly Legal Brief Blog of the Week- Age Discrimination: A Quiet Path... Read More
September 3 Tip of the Week
September 03, 2024
“Dress for Success” The patchwork of state and federal laws related to employment are seemingly endless and contain many nuances... Read More
HR Chat: Company Vehicles
September 03, 2024
You have a company-owned vehicle for your employees to use when they are visiting clients, and you have a policy... Read More
August 27 Newsletter
August 28, 2024
Here’s What You’ll Find in our August 27th Weekly Legal Brief Blog of the Week- FTC’s Non-Compete Ban Struck Down... Read More
How to Protect your Company from the Compliance Risks of Using AI in the Workplace
August 28, 2024
In an era where AI is revolutionizing business operations, understanding and mitigating compliance risks is crucial. This webinar will equip... Read More
August 27 Tip of the Week
August 27, 2024
“Round and Round, We Go” One of the most important things for employees is their pay check. Every employee wants... Read More
HR Chat: Wage Deductions
August 26, 2024
After you ran your last payroll, you realized that one of your employees was paid for more hours than they... Read More
FTC’s Non-Compete Ban Struck Down
August 23, 2024
The Federal Trade Commission’s ban on non-compete agreements has been struck down by a Federal Judge in Texas. The rule... Read More
August 20 Newsletter
August 21, 2024
Here’s What You’ll Find in our August 20th Weekly Legal Brief Blog of the Week- Staffing Agency Complies with Client’s... Read More
August 20 Tip of the Week
August 20, 2024
“Severance Agreement Pitfalls” When an employer decides to terminate an employee – a decision that we all know is not... Read More
California Court Takes Strong Stance on Harassment and Retaliation Claims
August 20, 2024
A California court recently granted summary judgment on behalf of an employee who was called a racial epithet one time... Read More
HR Chat: Workplace Event
August 19, 2024
You are hosting an “End of Summer” event for employees after business hours. You have let the employees know the... Read More
Staffing Agency Complies with Client’s Request…and Pays Out Almost Seven Figures
August 14, 2024
Staffing agencies operate on narrow margins and face high competition in the market. It isn’t surprising to see contracts between... Read More
August 13 Newsletter
August 13, 2024
Here’s What You’ll Find in our August 13th Weekly Legal Brief Blog of the Week- Updated I-9 Form Tip of... Read More
August 13 Tip of the Week
August 13, 2024
“No Fault Attendance Policies: Are They Legal?” One of the most difficult employee issues that employers deal with on a... Read More
USCIS Updates Form I-9 Expiration Date
August 12, 2024
On August 2nd, the U.S. Citizenship and Immigration Services (USCIS) updated the expiration date of the current Form I-9 to... Read More
HR Chat: Payroll
August 12, 2024
You have decided to change payroll providers to help simplify your current processes. You still have a couple of employees... Read More
August 6 Newsletter
August 06, 2024
Here’s What You’ll Find in our August 6th Weekly Legal Brief Blog of the Week- Staffing Agencies Background Check Tip... Read More
August 6 Tip of the Week
August 06, 2024
“Building the Employee Relationship” In today’s workforce, building relationships is key to developing effective and productive employees. Most people come... Read More
“Changes are Coming”- a letter from our CEO Mark Young
August 06, 2024
Do you ever feel that as summer heats up, and then it’s over, then we’re off to the fall, with... Read More
HR Chat: Employee Conflict
August 05, 2024
You own and operate a salon with around 12 employees. In the break room, you have lockers where employees can... Read More
July 30 Newsletter
July 30, 2024
Here’s What You’ll Find in our July 30th Weekly Legal Brief Blog of the Week- Comp Time for Nonexempt Employees... Read More
July 30 Tip of the Week
July 30, 2024
“Best Practices in Employee Documentation” “If a tree falls in the forest and no one is there to hear... Read More
HR Chat: Expansion Struggles
July 29, 2024
We are a growing business based in Nevada. All employees have worked at our office in Nevada, until now. We... Read More
Don’t Miss the Half-Time Show: Guiding You Through an Effective Mid-Year Review
July 26, 2024
Join us for an essential webinar designed to elevate your mid-year performance review process. Mikel Johnson, Senior Attorney, will equip... Read More
July 23 Newsletter
July 23, 2024
Here’s What You’ll Find in our July 23rd Weekly Legal Brief Blog of the Week- NLRB Withdraws Joint Employer Appeal... Read More
HR Chat: Accommodating an Employee
July 23, 2024
You operate a small manufacturing plant with 17 employees. As a core aspect of the job, employees are required to... Read More
July 23 Tip of the Week
July 23, 2024
“Planning for the Future…” Compliance is one of the most difficult aspects of the Human Resources professional’s job. There... Read More
NLRB Withdraws from Joint-Employer Rule Appeal
July 19, 2024
On Friday July 19th, the National Labor Relations Board (NLRB) voluntarily dismissed its appeal of the 5th Circuit’s ruling from... Read More
July 16 Newsletter
July 16, 2024
Here’s What You’ll Find in our July 16th Weekly Legal Brief Blog of the Week- Violence in the Workplace Tip... Read More
HR Chat: Conflict over a Promotion
July 15, 2024
One of your shift supervisors has left the company, which leaves an open position, and two internal employees apply and... Read More
July 16 Tip of the Week
July 15, 2024
When Does FMLA Entitlement Begin? A recent court decision Tanner v. Stryker Corp. of Michigan, No. 22-14188 (11th Cir.), June... Read More
July 9 Newsletter
July 09, 2024
Here’s What You’ll Find in our July 9th Weekly Legal Brief Blog of the Week- Preliminary Injunction Issued for FTC... Read More
Preliminary Injunction Issued for FTC Non-Compete Rule
July 08, 2024
What happened? On July 3, 2024, a U.S. Federal Court in Texas granted a preliminary injunction and stay of the... Read More
HR Chat: When to Pay a Terminated Employee?
July 08, 2024
You came into the office knowing it was going to be a difficult day. A longtime employee on a performance... Read More
July 9 Tip of the Week
July 08, 2024
Salary Basis Rule- Will it Stand? When the United States Department of Labor issued its new rule regarding the minimum... Read More
July 2 Newsletter
July 01, 2024
Here’s What You’ll Find in our July 2nd Weekly Legal Brief Blog of the Week- AI- Is it a People... Read More
SCOTUS Strikes Down Chevron Doctrine in a 6-3 Vote
July 01, 2024
What was the Law? Since 1984, federal courts have been required to defer to federal agencies in interpreting the law... Read More
Artificial Intelligence (AI) – Is it a People Policy? (YES)
July 01, 2024
We used to say, “we have plenty of time to find out what other companies are doing,” and “there will... Read More
July 2 Tip of the Week
June 28, 2024
Reasonable Accommodation Under the ADA Did you know that job reassignment is considered to be the reasonable accommodation of last... Read More
HR Chat: Damaging Social Media Posts
June 28, 2024
You walk out of your office to get a cup of coffee and notice a small group of employees huddled... Read More
“Mid-Year Updates”- a letter from our CEO Mark Young
June 28, 2024
As we head into the 2nd half of the year, employers have already had non-stop action from federal courts and... Read More
June 25 Newsletter
June 26, 2024
Here’s What You’ll Find in our June 25th Weekly Legal Brief Blog of the Week- Overtime Rule Tip of the... Read More
Pain Points: Drug Tests
June 24, 2024
As a business owner in a state that has legalized recreational marijuana, navigating these laws can be complex. Recently, you... Read More
June 25 Tip of the Week
June 24, 2024
“Proactive vs Reactive” As human resources professionals, it is often difficult to plan out your day because employee issues arise... Read More
June 18 Newsletter
June 18, 2024
Here’s What You’ll Find in our June 18th Weekly Legal Brief Blog of the Week- AI Discrimination in the Workplace... Read More
June 18 Tip of the Week
June 18, 2024
“Criminal Background Checks: Sword or Shield?” At myHRcounsel we receive a lot of questions from employers regarding criminal background checks... Read More
States Take Legislative Action to Avoid Artificial Intelligence Discrimination in the Workplace
June 17, 2024
As of June 11, 2024, there are six states (California, Georgia, Hawaii, Illinois, and Washington) in which state legislators have... Read More
Pain Points: Politcal Conversations at Work
June 17, 2024
It’s lunchtime and you walk into the cafeteria and overhear a heated conversation between a couple of employees. The conversation... Read More
June 11 Newsletter
June 11, 2024
Here’s What You’ll Find in our June 11th Weekly Legal Brief Blog of the Week- EEO-1 Reporting Tip of the... Read More
Pain Points: Summer Workers
June 11, 2024
Summertime is finally here, and as the general manager of the city’s parks and recreation department, you’re tasked with staffing... Read More
June 11 Tip of the Week
June 10, 2024
“What is an Accommodation Request” The Case A recent decision in the Sixth Circuit Court of Appeals regarding an employer’s... Read More
Have you Filed Your EEO-1 Reports this Year?
June 04, 2024
Who is Required to File? Many large employers and longtime government contractors know about the EEOC requirement, but a surprising... Read More
June 4 Newsletter
June 04, 2024
Here’s What You’ll Find in our June 4th Weekly Legal Brief Blog of the Week- Quiet Vacationing Tip of the... Read More
June 4 Tip of the Week
June 03, 2024
“Timing when Terminating an Employee” While this week’s tip of the week could easily take up an entire blog post... Read More
Pain Points: Cash Register Shortage
June 03, 2024
You are General Manager of a bar and getting ready to close for the night. After looking at the receipts,... Read More
“So many legal changes, so little time”- a letter from our CEO Mark Young
June 03, 2024
Required 2024 Employee Handbook changes, new Exempt Employee rules and Salary Thresholds, Benefit Plan Documents you thought were done by... Read More
Quiet Vacationing: Are Your Employees Using PTO?
June 03, 2024
So, employees who feel burned out and overworked are happy with the amount of PTO they receive? But 78% of... Read More
May 29 Newsletter
May 29, 2024
Here’s What You’ll Find in our May 29th Weekly Legal Brief Blog of the Week- Child Labor Law Violations Tip... Read More
Department of Labor is Cracking Down on Child Labor Law Violations
May 28, 2024
DOL Focus on Child Labor Businesses who employ minors, look out. The Department of Labor (DOL) has made child labor... Read More
May 28 Tip of the Week
May 28, 2024
“Summer Vacation” Now that Memorial Day has passed and summer is officially here, it is time for employers to review... Read More
Pain Points: Refusal to Return Company Equipment
May 28, 2024
You just terminated a remote employee who was failing to meet expectations of their role. While employed, the employee was... Read More
New Pay Transparency Law Coming for Minnesota Employers
May 23, 2024
Minnesota has become the latest state to require a salary range in job postings to boost pay transparency. On May... Read More
May 21 Newsletter
May 21, 2024
Here’s What You’ll Find in our May 21st Weekly Legal Brief Blog of the Week- Age Discrimination: A Quiet Path... Read More
May 21 Tip of the Week
May 21, 2024
“Are Severance Agreements Worth It?” The decision to terminate an employee is never an easy one for a variety of... Read More
Age Discrimination: A Quiet Path to Claims Against the Employer
May 20, 2024
The Age Discrimination in Employment Act (ADEA) of 1967 protects employees and applicants who are age 40 or older. A... Read More
California Workplace Violence Prevention Law Coming Soon!
May 20, 2024
Time is running out for employers in California to be compliant with SB 553, which requires employers to implement a... Read More
Pain Points: Does my Employee Really Need a Dog at Work?
May 20, 2024
It’s Monday morning after a holiday weekend, and you just receive an email request from one of your workers. No,... Read More
May 14 Newsletter
May 14, 2024
Here’s What You’ll Find in our May 14th Weekly Legal Brief Blog of the Week- New Price Transparency Law in... Read More
New Price Transparency Law Frustrates California Hospitality Industry
May 14, 2024
Employers in the hospitality industry may be scrambling to make big changes leading up to July 1, when California’s new... Read More
Paid Family Leave Extended in Connecticut
May 13, 2024
On May 9th, Connecticut Governor Ned Lamont signed legislation that modified the state’s existing Paid Family and Medical Leave program,... Read More
Pain Points: You Suspect an Employee is Under the Influence of Alcohol
May 13, 2024
It’s Friday afternoon, one of your employees comes back from lunch and after a brief conversation with them you can... Read More
May 14th Tip of the Week
May 13, 2024
“EEOC Issues Final Rules on Pregnant Workers Fairness Act“ On April 19, 2024, the Equal Employment Opportunity Commission (the “EEOC”)... Read More
May 6 Newsletter
May 07, 2024
Here’s What You’ll Find in our May 6th Weekly Legal Brief Blog of the Week- President Biden Vetoes Bill that... Read More
Pain Points: Hybrid Workforce
May 06, 2024
A few months ago, you hired a new employee and under the terms of the employment agreement, they are a... Read More
May 6th Tip of the Week
May 06, 2024
“Where Have All the Non-Competes Gone?“ On January 12, the Federal Trade Commission issued a proposed rule on Non-Compete... Read More
New Employee-Friendly Bill Proposed in California
May 03, 2024
A new bill has been proposed in California and may give employers a new wage and hour worry if passed. ... Read More
myHRcounsel Partners with RoofAid USA
May 02, 2024
We are thrilled to announce our partnership with RoofAid USA! “As a multi-state franchisor, we understand the importance of providing... Read More
New York Becomes the First State to Mandate Paid Prenatal Leave
May 02, 2024
New York Governor Kathy Hochul released the Fiscal Year (FY) 2025 budget, which includes some new updates for employers. Included... Read More
April 29 Newsletter
April 29, 2024
Here’s What You’ll Find in our April 29th Weekly Legal Brief Blog of the Week- Is the Transfer Portal Opening... Read More
Pain Points: Chronically Late Employee
April 29, 2024
It’s Friday morning at the local coffee shop, and one of the workers is late yet again, for the fourth... Read More
“Life as a Dashboard Business Owner”- a letter from our CEO Mark Young
April 29, 2024
We had a great comment from a client of ours, a construction company owner, who commented on myHRcounsel’s business model.... Read More
EEOC Issues Final Rule for Pregnant Workers Fairness Act
April 26, 2024
The EEOC issued its final rule regarding interpretive guidance on the Pregnant Workers Fairness Act (PWFA) on April 15, 2024... Read More
April 29th Tip of the Week
April 25, 2024
“What Constitutes Harm for Purposes of Title VII?” The United States Supreme Court just lowered the standard of proof required... Read More
US Department of Labor Salary Threshold Increase Two-Step
April 24, 2024
The US Department of Labor (DOL) announced today an anticipated final rule to increase the salary threshold for exempt employees. ... Read More
Is The Transfer Portal Opening For Employees With Noncompete Agreements?
April 24, 2024
The Federal Trade Commission (FTC) announced a new rule on April 23, 2024 banning non-compete agreements. The FTC’s goal with... Read More
April 22 Newsletter
April 23, 2024
Here’s What You’ll Find in our April 22 Weekly Legal Brief Blog of the Week- Millions of Workers to be... Read More
April 22nd Tip of the Week
April 22, 2024
“Accommodating an Employee” Think you don’t have to accommodate an employee working in a call center who suffers from angry,... Read More
FTC to Vote on Rule to Ban Employers from Using Non-Compete Agreements
April 18, 2024
UPDATE 4/23/2024: On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 on the issuance of a final rule... Read More
New Overtime Rule to be Published in the Federal Register
April 16, 2024
As most employers know, employees are paid differently based on status: exempt employees and nonexempt employees. Exempt employees are generally... Read More
April 15 Newsletter
April 15, 2024
Here’s What You’ll Find in our April 15 Weekly Legal Brief Blog of the Week- Senate Blocks New NLRB Joint-Employer... Read More
April 15 Tip of the Week
April 15, 2024
“AI and the Workplace” The introduction of more widely available types of artificial intelligence, such as ChatGPT and various AI... Read More
President Biden Vetoes Bill That Would Have Blocked NLRB Joint-Employer Rule
April 11, 2024
On Friday May 3rd, President Biden followed through on his promise to veto the Congressional Review Act (House Joint Resolution... Read More
April 8 Newsletter
April 09, 2024
Here’s What You’ll Find in our April 8 Weekly Legal Brief Blog of the Week- Right to Disconnect Law Tip... Read More
April 8 Tip of the Week
April 08, 2024
“Disability Accommodations” Think you don’t have to accommodate an employee working in a call center who suffers from angry, four-letter... Read More
Right to Disconnect for Employees Coming Soon?
April 05, 2024
If passed, California would become the first state to implement a ‘right to disconnect’ law. Under Bill AB-2751, which was... Read More
Are you hiring an independent contractor or an employee? Misclassifying is costly!
April 03, 2024
One of the greatest financial risks to your operation could be lurking quietly in the background, without your awareness. On... Read More
myHRcounsel Partners with iKids U
April 03, 2024
We are thrilled to announce our partnership with @iKids U! iKids U provides a complete source of programming designed to... Read More
April 1 Newsletter
April 02, 2024
Here’s What You’ll Find in our April 1 Weekly Legal Brief Blog of the Week- Independent Contractor Rule Tip of... Read More
April 1 Tip of the Week
April 01, 2024
“Drug Testing” Before you fire that employee who failed your annual/random/post-incident drug test by testing positive for marijuana, you may... Read More
March 25 Newsletter
March 26, 2024
Here’s What You’ll Find in our March 25 Weekly Legal Brief Blog of the Week- Terminating Before Investigation Tip of... Read More
March 25 Tip of the Week
March 26, 2024
“Adverse Employment Actions” Do you know what actions are considered adverse employment actions that could give rise to a... Read More
March 18 Newsletter
March 19, 2024
Here’s What You’ll Find in our March 18 Weekly Legal Brief Blog of the Week- ADA and Website Compliance Tip... Read More
March 18 Tip of the Week
March 19, 2024
“OSHA Workplace Safety Incentive Programs” Does your workplace have a safety incentive program that rewards employees for completing a... Read More
March 11 Newsletter
March 11, 2024
Here’s What You’ll Find in our March 11 Weekly Legal Brief Blog of the Week- New NLRB Joint Employer Rule... Read More
March 11 Tip of the Week
March 11, 2024
“Disability Discrimination and Marijuana Use” As marijuana use, both recreational and medical, has become legalized in many states,... Read More
New NLRB Joint-Employer Rule Temporarily BLOCKED
March 11, 2024
On Friday, March 8, 2024, a federal judge blocked the new National Labor Relations Board (NLRB) joint-employer rule. The rule... Read More
March 4 Newsletter
March 04, 2024
Here’s What You’ll Find in our March 4 Weekly Legal Brief Blog of the Week- CDC Updates COVID-19 Guidance Tip... Read More
CDC Updates COVID-19 Isolation Guidance
March 04, 2024
On Friday March 1st, the Centers for Disease Control (CDC) updated recommendations for respiratory viruses, including COVID-19, which now aligns... Read More
March 4 Tip of the Week
March 04, 2024
“Document, Document, Document” One of the most frustrating experiences for human resources professionals is addressing a supervisor who wants to... Read More
February 26 Newsletter
February 27, 2024
Here’s What You’ll Find in our February 26 Weekly Legal Brief Blog of the Week- NLRB Joint Employer Rule Delayed... Read More
February 26 Tip of the Week
February 26, 2024
“Misclassification: An Expensive Mistake” One of the most important things that an employer can do is to classify their employees... Read More
NLRB Joint Employer Rule Delayed Again
February 23, 2024
On Thursday February 22, U.S. District Court Judge J. Campbell Barker issued a brief order which will delay the effective... Read More
February 19 Newsletter
February 20, 2024
Here’s What You’ll Find in our February 19 Weekly Legal Brief Blog of the Week- Are You Ready for the... Read More
February 19 Tip of the Week
February 19, 2024
“EEOC’s Strategic Enforcement Plan” The Equal Employment Opportunity Commission released its 2024-2028 Strategic Enforcement Plan in late September 2023. This... Read More
February 12 Newsletter
February 13, 2024
Here’s What You’ll Find in our February 12 Weekly Legal Brief Blog of the Week- Employee Handbooks: The Most Critical... Read More
February 12 Tip of the Week
February 12, 2024
“Round and Round, We Go” One of the most important things for employees is their pay check. Every employee wants... Read More
February 5 Newsletter
February 06, 2024
Here’s What You’ll Find in our February 5 Weekly Legal Brief Blog of the Week- New Worker/Independent Contractor Rule: Are... Read More
February 5 Tip of the Week
February 06, 2024
“Compensable Time in the Electronic Age” Employers of hourly, non-exempt workers have often struggled with the question of what constitutes... Read More
New Worker/Independent Contractor Rule: Are You Ready to Get Compliant?
February 02, 2024
One of the greatest financial risks to your operation could be lurking quietly in the background, without your awareness. Many... Read More
January 29 Newsletter
January 30, 2024
Here’s What You’ll Find in our January 29 Weekly Legal Brief Blog of the Week- Can Employees Discuss their Wages... Read More
January 29 Tip of the Week
January 30, 2024
“No Fault Attendance Policies: Are They Legal?” One of the most difficult employee issues that employers deal with on a... Read More
January 22 Newsletter
January 23, 2024
Here’s What You’ll Find in our January 22 Weekly Legal Brief Blog of the Week- Earned Wage and the National... Read More
January 22 Tip of the Week
January 23, 2024
“Best Practices in Employee Documentation” “If a tree falls in the forest and no one is there to hear... Read More
January 15 Newsletter
January 15, 2024
Here’s What You’ll Find in our January 15 Weekly Legal Brief Blog of the Week- Bill Passed to Stop Implementation... Read More
January 15 Tip of the Week
January 15, 2024
“New Guidance on Sexual Harassment Standards” Employers are responsible for providing employees with a work environment that is free from... Read More
Bill Passed to Stop Implementation of Joint Employment Rule
January 12, 2024
Today(Friday January 12th), the House of Representatives passed a bill to stop the implementation of the NLRB’s new joint employer... Read More
January 8 Newsletter
January 08, 2024
Here’s What You’ll Find in our January 8 Weekly Legal Brief Blog of the Week- Top 6 Things to Prepare... Read More
January 8 Tip of the Week
January 08, 2024
“Social Media Background Checks” Does your company ever check social media or run Google searches on candidates? Did you know... Read More
January 1 Newsletter
January 01, 2024
Here’s What You’ll Find in our January 1 Weekly Legal Brief Happy New Year!! Blog of the Week- myHRcounsel Partners... Read More
January 1 Tip of the Week
January 01, 2024
“AI and the Workplace” The introduction of more widely available types of artificial intelligence, such as ChatGPT and various AI... Read More
myHRcounsel Partners with OHM Fitness
December 29, 2023
myHRcounsel© is pleased to announce a new partnership with OHM Fitness. This partnership will provide OHM Fitness franchisees with myHRcounsel’s... Read More
December 25 Newsletter
December 26, 2023
Here’s What You’ll Find in our December 25 Weekly Legal Brief Happy Holidays!! Blog of the Week- New Jersey Temporary... Read More
December 25 Tip of the Week
December 26, 2023
“New Year, New HR?” The Human Resources function in a business is one of the most important elements in ensuring... Read More
New Jersey’s Temporary Workers Bill of Rights
December 26, 2023
Staffing firms and temporary agencies are already feeling the effects of New Jersey’s Temporary Workers Bill of Rights, which went... Read More
Top Six Things HR Professionals Need to Get Ready for the New Year
December 21, 2023
Some professions are enjoying a lovely week of time off between Christmas and New Year’s Day. But there’s no time... Read More
December 18 Newsletter
December 18, 2023
Here’s What You’ll Find in our December 18 Weekly Legal Brief Happy Holidays!! Blog of the Week- New Joint Employer... Read More
December 18 Tip of the Week
December 18, 2023
“No Fault Attendance Policies: Are They Legal?” One of the most difficult employee issues that employers deal with on a... Read More
2024 Minimum Wage Roundup
December 18, 2023
Below we have compiled the list of states that are increasing their minimum wages for 2024. As always, be sure... Read More
December 11 Newsletter
December 11, 2023
Here’s What You’ll Find in our December 11 Weekly Legal Brief Blog of the Week- English Only Rules Tip of... Read More
December 11 Tip of the Week
December 10, 2023
“Proactive vs Reactive” As human resources professionals, it is often difficult to plan out your day because employee issues arise... Read More
The 7 Must Have HR Legal Documents for Business Owners
December 07, 2023
1. Offer Letter Covering everything from employment status to a statement saying compensation may be modified at the employer’s discretion... Read More
December 4 Newsletter
December 05, 2023
Here’s What You’ll Find in our December 4 Weekly Legal Brief Blog of the Week- Employee Handbooks Tip of the... Read More
2024 Webinars
December 04, 2023
We hope that you can join us for our webinars in 2024! Each Wednesday, we will host a 15-20 minute... Read More
December 5 Tip of the Week
December 04, 2023
“Severance Agreement Pitfalls” When an employer decides to terminate an employee – a decision that we all know is not... Read More
November 27 Newsletter
November 28, 2023
Here’s What You’ll Find in our November 27 Weekly Legal Brief Blog of the Week- Holiday Parties Tip of the... Read More
November 27 Tip of the Week
November 27, 2023
“Increased Employee Protections” As we have seen over the last two years or more, there is an increased effort... Read More
November 20 Newsletter
November 21, 2023
Here’s What You’ll Find in our November 20 Weekly Legal Brief Blog of the Week- The Founding of myHRcounsel Tip... Read More
November 20 Tip of the Week
November 17, 2023
“Union Organizing Development” It is hard to miss the news these days about increased union organizing, with Starbucks and Amazon... Read More
November 13 Newsletter
November 13, 2023
Here’s What You’ll Find in our November 13 Weekly Legal Brief Blog of the Week- New NLRA Joint Employer Standard... Read More
November 13 Tip of the Week
November 13, 2023
“It’s a Remote World” The recent change in the workforce and the increased reliance on remote workers raises a number... Read More
The New NLRA Joint Employer Standard
November 10, 2023
*UPDATE- On November 16th, the NLRB pushed the effective date back to February 26, 2024 to facilitate the resolution of... Read More
November 6 Newsletter
November 07, 2023
Here’s What You’ll Find in our November 6 Weekly Legal Brief Blog of the Week- Proposed Overtime Threshold Tip of... Read More
November 6 Tip of the Week
November 07, 2023
“Service Animal Requests” Have you ever had an employee request to bring a service animal to work and wondered how... Read More
October 30 Newsletter
October 31, 2023
Here’s What You’ll Find in our October 30 Weekly Legal Brief Blog of the Week- Salary Discussions at Work Tip... Read More
October 30 Tip of the Week
October 30, 2023
“Building the Employee Relationship” In today’s workforce, building relationships is key to developing effective and productive employees. Most people come... Read More
October 23 Newsletter
October 24, 2023
Here’s What You’ll Find in our October 23 Weekly Legal Brief Blog of the Week- Halloween in the Workplace Tip... Read More
October 23 Tip of the Week
October 23, 2023
“Final Wages” Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms or... Read More
October 16 Newsletter
October 17, 2023
Here’s What You’ll Find in our October 16 Weekly Legal Brief Blog of the Week- New Government Rules Tip of... Read More
October 16 Tip of the Week
October 13, 2023
“Words Matter…” As all human resources professionals know, the amount of union activity that has been occurring over the last... Read More
October 9 Newsletter
October 10, 2023
Here’s What You’ll Find in our October 9 Weekly Legal Brief Blog of the Week- Unions on the Rise Tip... Read More
October 9 Tip of the Week
October 09, 2023
“Retiree Health Insurance and COBRA” Employers who offer employee group health insurance must provide employees with a notice of their... Read More
Octoberber 2 Newsletter
October 03, 2023
Here’s What You’ll Find in our October 2 Weekly Legal Brief Blog of the Week- CA Fast Food Minimum Wage... Read More
October 2 Tip of the Week
October 02, 2023
“What Happened to Muzak” In today’s day and age of streaming services, for both music and video, Muzak – the... Read More
California Fast-Food Workers to Receive $20 per Hour
September 28, 2023
On Thursday September 28th, California Governor Gavin Newsom has signed AB 1228 into law which will see workers at fast-food... Read More
September 25 Newsletter
September 26, 2023
Here’s What You’ll Find in our September 25 Weekly Legal Brief Blog of the Week- Bullying in the Workplace Tip... Read More
September 25 Tip of the Week
September 26, 2023
“Document, Document, Document” In real estate, there is a well-known phrase: “Location, location, location.” The meaning behind this phrase is... Read More
September 18 Newsletter
September 19, 2023
Here’s What You’ll Find in our September 18 Weekly Legal Brief Blog of the Week- Comp Time for Nonexempt Employees... Read More
September 18 Tip of the Week
September 18, 2023
“Dress for Success” The patchwork of state and federal laws related to employment are seemingly endless and contain many nuances... Read More
September 11 Newsletter
September 12, 2023
Here’s What You’ll Find in our September 11 Weekly Legal Brief Blog of the Week- Should I Provide a Separation... Read More
September 11 Tip of the Week
September 11, 2023
“Remote I-9 Verification” While the COVID pandemic created a great deal of hardship for employers, one of the perceived benefits... Read More
September 4 Newsletter
September 05, 2023
Here’s What You’ll Find in our September 4 Weekly Legal Brief Blog of the Week- DOL Issues Proposed New Overtime... Read More
September 4 Tip of the Week
September 05, 2023
“Termination Letters: Required or Not?” One of the questions we often get asked at myHRcounsel is “I just terminated an... Read More
DOL Issues Proposed New Overtime Rule
August 31, 2023
On Wednesday August 30th, the Department of Labor issued a proposed rule to increase the threshold for salaried workers to... Read More
August 28 Newsletter
August 28, 2023
Here’s What You’ll Find in our August 28 Weekly Legal Brief Blog of the Week- Oregon Paid Leave Tip of... Read More
August 28 Tip of the Week
August 28, 2023
“Round and Round, We Go” One of the most important things for employees is their pay check. Every employee wants... Read More
August 21 Newsletter
August 22, 2023
Here’s What You’ll Find in our August 21 Weekly Legal Brief Blog of the Week- PTO for Parents Tip of... Read More
August 21 Tip of the Week
August 21, 2023
“Is Two-Factor Authentication the same as Multifactor Authentication?” In short, no. There are two categories for authentication they are: Something... Read More
August 14 Newsletter
August 15, 2023
Here’s What You’ll Find in our August 14 Weekly Legal Brief Blog of the Week- New Government Rules Affecting your... Read More
New Government Rules Affecting your Business
August 14, 2023
The Biden Cabinet and other federal agencies are moving forward to act prior to the upcoming election to enact some... Read More
August 14 Tip of the Week
August 14, 2023
“Do I really need Multifactor Authentication(MFA) when I reset my passwords often?” YES! Passwords alone can be easily compromised, guessed, or... Read More
August 7 Newsletter
August 08, 2023
Here’s What You’ll Find in our August 7 Weekly Legal Brief Blog of the Week- Violence in the Workplace Tip... Read More
August 7 Tip of the Week
August 07, 2023
“Criminal Background Checks: Sword or Shield?” At myHRcounsel we receive a lot of questions from employers regarding criminal background checks... Read More
July 31 Newsletter
August 01, 2023
Here’s What You’ll Find in our July 31 Weekly Legal Brief Blog of the Week- ERTC Tip of the Week-... Read More
July 31 Tip of the Week
July 31, 2023
“Snow Days to Heat Days” Anyone who has grown up in the Northeast or the Midwest where snow storms are... Read More
July 24 Newsletter
July 25, 2023
Here’s What You’ll Find in our July 24 Weekly Legal Brief Blog of the Week- Bullying in the Workplace Tip... Read More
July 24 Tip of the Week
July 24, 2023
“AI and the Workplace” The introduction of more widely available types of artificial intelligence, such as ChatGPT and various AI... Read More
July 17 Newsletter
July 17, 2023
Here’s What You’ll Find in our July 17 Weekly Legal Brief Blog of the Week- What to Do when you... Read More
July 17 Tip of the Week
July 14, 2023
“Wage Deductions” Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms or... Read More
July 10 Newsletter
July 10, 2023
Here’s What You’ll Find in our July 10 Weekly Legal Brief New Podcast- Available on Apple Podcasts & Spotify! Blog... Read More
July 10 Tip of the Week
July 10, 2023
“Service Animal Requests” Have you ever had an employee request to bring a service animal to work and wondered how... Read More
Nevada Passes New Legislation to Require Earned Wage Access Providers to Obtain a License
July 06, 2023
Nevada has jumped ahead of California in the race to regulate services that allow employees to access their wages before... Read More
June 26 Newsletter
July 05, 2023
Here’s What You’ll Find in our June 26 Weekly Legal Brief New Podcast- Available on Apple Podcasts & Spotify! Blog... Read More
July 3 Tip of the Week
July 05, 2023
“Reminder: Pregnant Workers Fairness Act in Effect” Labor and employment laws change on a regular basis, with new laws being... Read More
June 26 Newsletter
June 27, 2023
Here’s What You’ll Find in our June 26 Weekly Legal Brief New Podcast- Available on Apple Podcasts & Spotify! Blog... Read More
June 19 Newsletter
June 20, 2023
Here’s What You’ll Find in our June 19 Weekly Legal Brief New Podcast- Available on Apple Podcasts & Spotify! Blog... Read More
June 26 Tip of the Week
June 16, 2023
“Holiday Pay” With the relatively recent adoption of a new federal holiday, Juneteenth, it is a good time to revisit... Read More
June 12 Newsletter
June 12, 2023
Here’s What You’ll Find in our June 12 Weekly Legal Brief New Podcast Blog of the Week- Earned Wage and... Read More
June 12 Tip of the Week
June 12, 2023
“Summer Vacation” Now that Memorial Day has passed and summer is officially here, it is time for employers to review... Read More
Earned Wage and the National Consumer Law Center
June 09, 2023
Are your employees taking out payday loans to stay current on bills or cover expenses that occur before payday? You... Read More
June 5 Newsletter
June 05, 2023
Here’s What You’ll Find in our June 5 Weekly Legal Brief New Podcast Blog of the Week- Cyber Security Best... Read More
June 5 Tip of the Week
June 05, 2023
“Social Media Background Checks” Does your company ever check social media or run Google searches on candidates? Did you know... Read More
May 29 Newsletter
May 30, 2023
Here’s What You’ll Find in our May 29 Weekly Legal Brief Blog of the Week- New Minnesota Laws Tip of... Read More
May 29 Tip of the Week
May 30, 2023
“FMLA” While this week’s tip of the week could easily take up an entire blog post or even an all-day... Read More
New Minnesota Laws to Effect Businesses
May 26, 2023
The Minnesota State Legislature has passed new bills which if signed by Governor Tim Walz, will have effects on all... Read More
Reminder: Do Not Use “Comp Time” for Nonexempt Employees in the Private Sector
May 23, 2023
Nonexempt employees in the private sector must be paid for all hours worked. That includes overtime pay for all hours... Read More
May 22 Newsletter
May 22, 2023
Here’s What You’ll Find in our May 22 Weekly Legal Brief Blog of the Week- Electronic Monitoring Guidance Tip of... Read More
May 22 Tip of the Week
May 22, 2023
“I-9 and the End of COVID” The federal emergency regarding COVID has ended and, as a result, a number... Read More
May 15 Newsletter
May 16, 2023
Here’s What You’ll Find in our May 15 Weekly Legal Brief Blog of the Week- Electronic Monitoring Guidance Tip of... Read More
May 15 Tip of the Week
May 15, 2023
“Wage Deductions” Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms... Read More
New FMLA Poster
May 09, 2023
Just when you weren’t looking, the United States Department of Labor issued a newFMLA poster. The new poster can be... Read More
May 8 Newsletter
May 08, 2023
Here’s What You’ll Find in our May 8 Weekly Legal Brief Blog of the Week- New FMLA Poster Tip of... Read More
May 8 Tip of the Week
May 08, 2023
“Traps for the Unwary” One of the most difficult aspects of Human Resources is the need to keep up... Read More
May 1 Newsletter
May 01, 2023
Here’s What You’ll Find in our May 1 Weekly Legal Brief Blog of the Week- English Only Rules Tip of... Read More
May 1 Tip of the Week
May 01, 2023
“Best Practices in Employee Documentation” “If a tree falls in the forest and no one is there to hear... Read More
“English-Only” Rules Can Be a Legal Minefield for Employers
April 25, 2023
It happens often in the customer service industry. Two of your employees speak English as a second language, while most... Read More
April 24 Newsletter
April 24, 2023
Here’s What You’ll Find in our April 24 Weekly Legal Brief Blog of the Week- Importance of Having Unlimited- Flat-fee... Read More
April 24 Tip of the Week
April 24, 2023
“Updated Summary of Rights” Employers who conduct employee background checks should be familiar with the Fair Credit Reporting Act,... Read More
April 17 Newsletter
April 18, 2023
Here’s What You’ll Find in our April 17 Weekly Legal Brief Blog of the Week- BEWARE: ERTC Scams! Tip of... Read More
April 17 Tip of the Week
April 17, 2023
“Recent Guidance on the FLSA and the Administrative Exemption” The Fair Labor Standards Act requires employers to pay employees one... Read More
BEWARE: Employee Retention Tax Credit Scams!
April 14, 2023
While many businesses around the country have been able to successfully apply and receive the Employee Retention Tax Credit (ERTC),... Read More
April 10 Newsletter
April 10, 2023
Here’s What You’ll Find in our April 10 Weekly Legal Brief Blog of the Week- New Jersey Temporary Workers Bill... Read More
April 10 Tip of the Week
April 10, 2023
“It’s a Remote World” The recent change in the workforce and the increased reliance on remote workers raises a number... Read More
April 3 Newsletter
April 03, 2023
Here’s What You’ll Find in our April 3 Weekly Legal Brief Blog of the Week- Salary Discussions in the Office... Read More
April 3 Tip of the Week
April 03, 2023
“Details Matter” Often when dealing with legal issues, it is necessary to balance the equities to arrive at what is... Read More
March 27 Newsletter
March 28, 2023
Here’s What You’ll Find in our March 27 Weekly Legal Brief Blog of the Week- Cyber Security Tip of the... Read More
Cyber Security: Best Practices
March 27, 2023
As more and more of our communication and businesses are run in the cloud using electronic means and software, the... Read More
March 27 Tip of the Week
March 27, 2023
“Top 3 Things to Know BEFORE Partnering with Vendors” You’ll want to identify the following: Does our business have a... Read More
Cyber Security Webinar Series
March 24, 2023
Black Bottle IT and myHRcounsel have joined forces to bring you a three part webinar series on the growing risk... Read More
March 20 Newsletter
March 21, 2023
Here’s What You’ll Find in our March 20 Weekly Legal Brief Blog of the Week- Unions on the Rise Tip... Read More
March 20 Tip of the Week
March 20, 2023
“Building the Employee Relationship” In today’s workforce, building relationships is key to developing effective and productive employees. Most people come... Read More
March 13 Newsletter
March 14, 2023
Here’s What You’ll Find in our March 13 Weekly Legal Brief Blog of the Week- ERISA Compliance Today Tip of... Read More
March 13 Tip of the Week
March 13, 2023
“Proactive vs Reactive” As human resources professionals, it is often difficult to plan out your day because employee issues arise... Read More
ERISA Compliance Today!
March 08, 2023
Did you know that EVERY business, literally, has to have a Summary Plan Description or SPD/Wrap Document, and that all... Read More
March 6 Newsletter
March 07, 2023
Here’s What You’ll Find in our March 6 Weekly Legal Brief Blog of the Week- What Have We Learned from... Read More
March 6 Tip of the Week
March 06, 2023
“No Fault Attendance Policies: Are They Legal?” One of the most difficult employee issues that employers deal with on a... Read More
February 27 Newsletter
February 28, 2023
Here’s What You’ll Find in our February 27 Weekly Legal Brief Blog of the Week- FMLA: Determining Headcount with Remote... Read More
February 27 Tip of the Week
February 27, 2023
“Are Severance Agreements Worth It?” The decision to terminate an employee is never an easy one for a variety of... Read More
February 20 Newsletter
February 21, 2023
Here’s What You’ll Find in our February 20 Weekly Legal Brief Blog of the Week- Temporary Worker Bill of Rights... Read More
February 20 Tip of the Week
February 20, 2023
“Pregnancy as a Disability” Congress recently enacted the Pregnant Workers Fairness Act which takes effect on June 27, 2023. The... Read More
Temporary Workers Bill of Rights Creates New Obligations for Staffing Employers in New Jersey
February 14, 2023
On February 6, 2022, the Temporary Workers Bill of Rights became law in the state of New Jersey, creating new... Read More
February 13 Newsletter
February 14, 2023
Here’s What You’ll Find in our February 13 Weekly Legal Brief Blog of the Week- Determining FMLA Headcount with Remote... Read More
February 13 Tip of the Week
February 13, 2023
“Disabilities and Accommodation” The Equal Employment Opportunity Commission recently issued new guidance regarding the treatment of employees and/or applicants who... Read More
FMLA: Determining Headcount with Remote Employees
February 11, 2023
On February 9, 2023, the Department of Labor issued official guidance on the Family and Medical Leave Act (FMLA), specifically,... Read More
February 6 Newsletter
February 07, 2023
Here’s What You’ll Find in our February 6 Weekly Legal Brief Blog of the Week- Three Day Weekend Coming Soon?... Read More
February 6 Tip of the Week
February 06, 2023
“Details Matter…” A recent Ninth Circuit court decision overruling a determination by a lower court is a cautionary tale to... Read More
Minnesota Governor Walz Signs CROWN Act into Law
February 02, 2023
On February 1, 2023, Minnesota Governor Tim Walz signed into law the Creating a Respectful and Open World for Natural... Read More
Three Day Weekend-Every Weekend? It May Be a Boon for Maryland Employers.
February 01, 2023
Maryland State Delegate Vaughn Stewart has proposed a bill in the Maryland Legislature that would offer a state tax credit... Read More
January 30 Newsletter
January 31, 2023
Here’s What You’ll Find in our January 30 Weekly Legal Brief Blog of the Week- Violence in the Workplace Tip... Read More
January 30 Tip of the Week
January 30, 2023
“Protected Classes” Human resources professionals have a difficult job; they must stay current on the everchanging labor and employment laws. ... Read More
January 23 Newsletter
January 24, 2023
Here’s What You’ll Find in our January 23 Weekly Legal Brief Blog of the Week- myHRcounsel Partners with Brewers Association... Read More
January 23 Tip of the Week
January 23, 2023
“Pay Equity and Transparency Laws: Points to Consider” One of the fastest growing areas of employment law is the push... Read More
myHRcounsel Partners with Brewers Association
January 17, 2023
Plymouth, MN January 17, 2023 myHRcounsel and Brewers Association announced today that the organizations have entered into an affinity partnership.... Read More
January 16 Newsletter
January 17, 2023
Here’s What You’ll Find in our January 16 Weekly Legal Brief Blog of the Week- NLRB Guidance Tip of the... Read More
January 16 Tip of the Week
January 13, 2023
“Artificial Intelligence, Help or Hindrance” As employers continue to look for ways to screen job applicants in a quick and... Read More
January 9 Newsletter
January 10, 2023
Here’s What You’ll Find in our January 9 Weekly Legal Brief Blog of the Week- Restrictive Covenants Tip of the... Read More
January 9 Tip of the Week
January 09, 2023
“Lessons from Pepsi Co. and Kronos” Recently, Pepsi Co. was the subject of a class action lawsuit from employees who... Read More
2023 Webinars
January 09, 2023
Thank you to everyone who has attended our Third Tuesday/Wednesday Webinars in the past few years! We appreciate your continued... Read More
January 2 Newsletter
January 04, 2023
Here’s What You’ll Find in our January 2 Weekly Legal Brief Blog of the Week- 2023 Minimum Wage Round Up... Read More
January 2 Tip of the Week
January 03, 2023
“New Year, New Info” As we begin the new year, it is a good time to take stock of the... Read More
2023 Minimum Wage Roundup
December 29, 2022
The end of 2022 is rapidly approaching, which means many states around the country, including our home base Minnesota have... Read More
December 19 Newsletter
December 19, 2022
Here’s What You’ll Find in our December 19 Weekly Legal Brief Blog of the Week- What to do when you... Read More
December 19 Tip of the Week
December 19, 2022
“New Year, New Laws” As the calendar year ends and the holiday parties and time off draw to a close,... Read More
December 12 Newsletter
December 13, 2022
Here’s What You’ll Find in our December 5 Weekly Legal Brief Blog of the Week- Are you required to pay... Read More
December 12 Tip of the Week
December 12, 2022
“Work/Life Balance” During the holidays, issues surrounding work/life balance become more prevalent, with employees feeling the added pressure of preparing... Read More
December 5 Newsletter
December 06, 2022
Here’s What You’ll Find in our December 5 Weekly Legal Brief Blog of the Week- State of the HR Industy... Read More
December 5 Tip of the Week
December 05, 2022
“What Constitutes Protected Collective Activity” To quote “Law and Order” – “ripped from the headlines” – important information can be... Read More
November 28 Newsletter
November 29, 2022
Here’s What You’ll Find in our November 28 Weekly Legal Brief Blog of the Week- Unions on the Rise Tip... Read More
November 28 Tip of the Week
November 28, 2022
“To Join or Not to Join” Unions and increased union activity have been in the news over the last year... Read More
November 21 Newsletter
November 21, 2022
Here’s What You’ll Find in our November 21 Weekly Legal Brief Blog of the Week- NLRB New Guidance Tip of... Read More
NLRB Issues New Guidance Impacting All Employers Using Electronic Monitoring or Surveillance
November 18, 2022
A memorandum has been issued by Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (NLRB), that will... Read More
November 14 Newsletter
November 15, 2022
Here’s What You’ll Find in our November 14 Weekly Legal Brief Blog of the Week- Pay Transparency Laws Tip of... Read More
November 14 Tip of the Week
November 15, 2022
“Compensable Time in the Electronic Age” Employers of hourly, non-exempt workers have often struggled with the question of what constitutes... Read More
November 7 Newsletter
November 07, 2022
Here’s What You’ll Find in our November 7 Weekly Legal Brief Blog of the Week- Oregon Paid Family and Medical... Read More
November 7 Tip of the Week
November 07, 2022
“Really???” Anyone who has ever worked in Human Resources knows that the truth is often stranger than fiction. Over the... Read More
October 31 Newsletter
November 01, 2022
Here’s What You’ll Find in our October 31 Weekly Legal Brief Blog of the Week- Onboarding Paperwork Tip of the... Read More
October 31 Tip of the Week
October 31, 2022
“Compliance: The Next Frontier” Compliance with labor and employment laws is one of the most difficult responsibilities faced by Human... Read More
October 24 Newsletter
October 24, 2022
Here’s What You’ll Find in our October 24 Weekly Legal Brief Blog of the Week- Terminating before Investigating Tip of... Read More
October 24 Tip of the Week
October 24, 2022
“Policy, policy, and more policy” At myHRcounsel, we advise our clients of the importance of having clear, well-written, and widely... Read More
October 17 Newsletter
October 17, 2022
Here’s What You’ll Find in our October 17 Weekly Legal Brief Blog of the Week- PPP and the ERTC Tip... Read More
October 17 Tip of the Week
October 17, 2022
“Criminal Background Checks: Sword or Shield?” At myHRcounsel we receive a lot of questions from employers regarding criminal background checks... Read More
October 10 Newsletter
October 11, 2022
Here’s What You’ll Find in our October 10 Weekly Legal Brief Blog of the Week- PPP and the ERTC Tip... Read More
October 10 Tip of the Week
October 10, 2022
“No Good Deed …” There is an old saying that “no good deed goes unpunished.” Nowhere is this more applicable... Read More
Pay Transparency Laws-New in Effect and On the Horizon
October 10, 2022
On November 1, 2022, New York City enacted a pay transparency ordinance that joins the state of Colorado and the... Read More
October 3 Tip of the Week
October 03, 2022
“Criminal Background Checks: Sword or Shield?” At myHRcounsel we receive a lot of questions from employers regarding criminal background checks... Read More
September 26 Newsletter
September 27, 2022
Here’s What You’ll Find in our September 26 Weekly Legal Brief Blog of the Week- Duty to Provide Leave to... Read More
September 26 Tip of the Week
September 26, 2022
“Increased Employee Protections” As we have seen over the last two years or more, there is an increased effort... Read More
September 19 Newsletter
September 20, 2022
Here’s What You’ll Find in our September 19 Weekly Legal Brief Blog of the Week- Employee Dress Codes Tip of... Read More
September 19 Tip of the Week
September 19, 2022
“FSAs and Unpaid Leaves of Absence” Flexible spending accounts are a great way for employees to put aside money... Read More
September 12 Newsletter
September 12, 2022
Here’s What You’ll Find in our September 5 Weekly Legal Brief Blog of the Week- Unions on the Rise Tip... Read More
September 12 Tip of the Week
September 12, 2022
“PDA: What Constitutes Discrimination” The world is full of acronyms and, as human resources professionals, we have more than our... Read More
Unions on the rise – what you need to know as an employer
September 08, 2022
We’ve all heard it and most of us have also seen it: reports of employees of fast food restaurants, big... Read More
September 5 Newsletter
September 06, 2022
Here’s What You’ll Find in our September 5 Weekly Legal Brief Blog of the Week- Violence in the Workplace Tip... Read More
September 5 Tip of the Week
September 02, 2022
“How to Respond to Union Activity: A Lesson from Starbucks” The Biden Administration has repeatedly confirmed its support of increased... Read More
August 29 Newsletter
August 30, 2022
Here’s What You’ll Find in our August 29 Weekly Legal Brief Blog of the Week- What’s Protected under the 1st... Read More
August 29 Tip of the Week
August 29, 2022
“Employee Medical Information” Although human resources professionals are not doctors, we are often asked to make determinations regarding an... Read More
August 22 Newsletter
August 23, 2022
Here’s What You’ll Find in our August 22 Weekly Legal Brief Blog of the Week- Politics in the Workplace Tip... Read More
August 22 Tip of the Week
August 22, 2022
“Wage and Hour Requirements” Employers are subject to a number of laws that govern their relationships with their employees. These... Read More
August 15 Newsletter
August 16, 2022
Here’s What You’ll Find in our August 15 Weekly Legal Brief Blog of the Week- CDC Updates COVID Guidance Tip... Read More
August 15 Tip of the Week
August 15, 2022
“Drug Testing: Compensable?” We have addressed the issue of drug testing, when it is appropriate and when it can create... Read More
CDC Updates COVID Guidance
August 11, 2022
On Thursday August 11th, the Centers for Disease Control (CDC) released updated guidance in regards to the COVID-19 pandemic, which... Read More
August 8 Newsletter
August 08, 2022
Here’s What You’ll Find in our August 8 Weekly Legal Brief Blog of the Week- Does “Transgender Discrimination” Equal “Sex... Read More
August 8 Tip of the Week
August 08, 2022
“The Future of Drug Testing in the Workplace” For many years, employers have engaged in pre-employment drug testing, as well... Read More
August 1 Newsletter
August 02, 2022
Here’s What You’ll Find in our August 1 Weekly Legal Brief Blog of the Week- The Founding of myHRcounsel Tip... Read More
August 1st Tip of the Week
August 01, 2022
Whether you are terminating a “problem” employee who may be a litigation risk, or you choose to voluntarily pay severance... Read More
July 25 Newsletter
July 26, 2022
Here’s What You’ll Find in our July 25 Weekly Legal Brief Blog of the Week- The Founding of myHRcounsel Tip... Read More
July 25th Tip of the Week
July 25, 2022
“Accommodating an Employee” Think you don’t have to accommodate an employee working in a call center who suffers from angry,... Read More
The Founding of myHRcounsel
July 21, 2022
CEO & Co-Founder, Mark Young was looking for a real solution. Whether it was as CFO for a Fortune 500... Read More
July 18 Newsletter
July 19, 2022
Here’s What You’ll Find in our July 18 Weekly Legal Brief Blog of the Week- Collections Tip of the Week-... Read More
July 18th Tip of the Week
July 18, 2022
“Social Media Background Checks” Does your company ever check social media or run Google searches on candidates? Did you know... Read More
July 11 Newsletter
July 12, 2022
Here’s What You’ll Find in our July 11 Weekly Legal Brief Blog of the Week- IRS Increases Mileage Rates Tip... Read More
July 11 Tip of the Week
July 11, 2022
“Booting Up: The New Donning and Doffing” Anyone familiar with the Fair Labor Standards Act and the line of cases... Read More
IRS Increases Mileage Rates
July 11, 2022
Only three states-California, Illinois, and Massachusetts-require private employers to reimburse employees for mileage. (Mileage reimbursement is required by federal law... Read More
July 5 Newsletter
July 05, 2022
Here’s What You’ll Find in our July 5 Weekly Legal Brief Blog of the Week- THC Legal in MN Tip... Read More
July 5 Tip of the Week
July 05, 2022
“Performance Improvement Plans: Effective Tool or Booby Trap?” One of the hardest, but most important jobs, of an employer is... Read More
THC Edibles and Beverages Legal in Minnesota
July 01, 2022
Anyone aged 21+ in Minnesota can now purchase edibles or beverages that include up to 5mg of Delta-9 THC beginning... Read More
June 27 Newsletter
June 27, 2022
Here’s What You’ll Find in our June 27 Weekly Legal Brief Blog of the Week- What to Know about F1... Read More
June 27 Tip of the Week
June 27, 2022
“Re-Opening Tickets” This week’s Tip of the Week is less about the law, but more about our processes at myHRcounsel.... Read More
June 20 Newsletter
June 21, 2022
Here’s What You’ll Find in our June 20 Weekly Legal Brief Blog of the Week- Oregon Paid Family Leave Insurance... Read More
June 20 Tip of the Week
June 21, 2022
“Biometric Technology” Today’s tip of the week is a little bit tech and a little bit law. We’re talking about... Read More
Oregon Paid Family and Medical Leave Insurance (PFMLI)
June 20, 2022
The state of Oregon is currently in the process of implementing a Paid Family and Medical Leave Insurance (PFMLI), which... Read More
Minnesota Employers – Are Your Employees Eligible for Hero Pay? If So, Your Notice Deadline is Approaching
June 16, 2022
The Minnesota Frontline Worker Pay Law (also known as the “hero pay” law) recently went into effect. The law allows... Read More
June 13 Newsletter
June 14, 2022
Here’s What You’ll Find in our June 13 Weekly Legal Brief Blog of the Week- Tax Credits Available Tip of... Read More
June 13 Tip of the Week
June 13, 2022
“Words Matter” On June 1, 2022, the Seventh Circuit Court of Appeals granted the appeal of an employee who alleged... Read More
June 6 Newsletter
June 07, 2022
Here’s What You’ll Find in our June 6 Weekly Legal Brief Blog of the Week- What Have We Learned from... Read More
Earn up to $26,000 per Employee in Tax Credits
June 06, 2022
Just a friendly reminder – that 2-3 minutes can produce $26,000 PER EMPLOYEE in tax credits – a very simple... Read More
June 6 Tip of the Week
June 06, 2022
“Cybersecurity: Resources and Risks” An area of great concern for employers over the last several years is cybersecurity. The media... Read More
What Have We Learned From COVID-And How Do We Prepare for the Future?
May 31, 2022
The COVID-19 pandemic changed everything about the workforce. Positions that were once strictly onsite became hybrid or remote. Revenue plummeted,... Read More
May 30 Newsletter
May 31, 2022
Here’s What You’ll Find in our May 30 Weekly Legal Brief Blog of the Week- Tax Credits Tip of the... Read More
May 30 Tip of the Week
May 27, 2022
“COVID: Take Two” Employers have been struggling with the impact of COVID in the workplace for more than two years. ... Read More
May 23 Newsletter
May 23, 2022
Here’s What You’ll Find in our May 23 Weekly Legal Brief Blog of the Week- Workplace Posters for Remote Workers... Read More
May 23 Tip of the Week
May 23, 2022
“The Hazards of Employee Monitoring” In today’s workplaces, employers have limited means of monitoring employee performance. Supervisors and managers cannot... Read More
Don’t Let the Door Hit You: Discipline and Termination Solutions Every Employer Needs to Know
May 19, 2022
June 22 | 12:00pm EST This webinar will explore important factors that every employer must take into consideration before issuing... Read More
May 16 Newsletter
May 17, 2022
Here’s What You’ll Find in our May 16 Weekly Legal Brief Blog of the Week- NLRB Mandatory Meetings Tip of... Read More
May 16 Tip of the Week
May 17, 2022
“Long-Haul COVID” Do you have an employee who contracted COVID-19? If so, you may need to deal with post-acute sequelae... Read More
NLRB General Counsel Focuses on Mandatory Meetings
May 13, 2022
There have been many stories in the news lately about successful unionization efforts at the state and local level, and... Read More
Tax Credits for your Business
May 11, 2022
Up to $26,000 per employee credits are STILL available under the American Rescue Plan Act of 2021! $26,000 per employee... Read More
Workplace Posters for Remote Workers
May 11, 2022
Your workforce may look different from how it did back in 2019, and you may now have remote or hybrid... Read More
May 9 Newsletter
May 10, 2022
Here’s What You’ll Find in our May 9 Weekly Legal Brief Blog of the Week- 4 Day Workweek Tip of... Read More
May 9 Tip of the Week
May 09, 2022
“A New Tool for Employment Discrimination Claims” One of the most common concerns for employers is ensuring the fair and... Read More
4 Day Work Week Coming Soon?
May 03, 2022
Not so fast. Even though California’s Democrat majority legislature introduced Assembly Bill 2932, that would have mandated a 4 day... Read More
May 2 Newsletter
May 03, 2022
Here’s What You’ll Find in our May 2 Weekly Legal Brief Blog of the Week- Separation Notice Tip of the... Read More
May 2 Tip of the Week
May 02, 2022
“Dress for Success” The patchwork of state and federal laws related to employment are seemingly endless and contain many nuances... Read More
April 25 Newsletter
April 26, 2022
Here’s What You’ll Find in our April 25 Weekly Legal Brief Blog of the Week- Collections Tip of the Week-... Read More
April 25 Tip of the Week
April 25, 2022
“Why Status Matters…” Much like the chicken and the egg question, employers and businesses have long struggled with the question... Read More
Collect on Your Unpaid Client Fees
April 25, 2022
Are you a small to medium sized business that are tired of a late paying client, or clients that don’t... Read More
April 18 Newsletter
April 19, 2022
Here’s What You’ll Find in our April 18 Weekly Legal Brief Blog of the Week- Leave to Working Parents Tip... Read More
April 18 Tip of the Week
April 18, 2022
“Damned if you do, damned if you don’t” On March 10, 2022, the acting administrator for the United States Department... Read More
April 11 Newsletter
April 11, 2022
Here’s What You’ll Find in our April 11 Weekly Legal Brief Blog of the Week- Harassment Tip of the Week-... Read More
April 11 Tip of the Week
April 11, 2022
“The Benefits Horizon” The COVID-19 pandemic changed the world of work in a myriad of ways – from remote working... Read More
April 4 Newsletter
April 05, 2022
Here’s What You’ll Find in our April 4 Weekly Legal Brief Blog of the Week- Unlimited PTO Tip of the... Read More
April 4 Tip of the Week
April 04, 2022
“Beware the Salary Discussion Trap” Pay equity has long been an issue in the workplace. “Equal pay for equal... Read More
March 28 Newsletter
March 29, 2022
Here’s What You’ll Find in our March 28 Weekly Legal Brief Blog of the Week- F1 Visa Tip of the... Read More
March 28 Tip of the Week
March 28, 2022
“No Fault Attendance” Every employer knows that regular and reliable attendance is one of the hallmarks of an effective and... Read More
March 21 Newsletter
March 22, 2022
Here’s What You’ll Find in our March 21 Weekly Legal Brief Blog of the Week- Wage Deductions- Cash Register Shortages... Read More
March 21 Tip of the Week
March 21, 2022
“Rethinking the Employment Relationship” As employers deal with the fallout from the COVID-19 pandemic and the impact that it has... Read More
March 14 Newsletter
March 14, 2022
Here’s What You’ll Find in our March 14 Weekly Legal Brief Blog of the Week- Wage Deductions- Tools & Equipment... Read More
March 14 Tip of the Week
March 14, 2022
“Planning for the Future…” Compliance is one of the most difficult aspects of the Human Resources professional’s job. There... Read More
March 7 Newsletter
March 08, 2022
Here’s What You’ll Find in our March 7 Weekly Legal Brief Blog of the Week- Wage Deductions- Uniforms Tip of... Read More
March 7 Tip of the Week
March 07, 2022
“The Importance of Job Descriptions” When hiring, employers often feel pressure to get jobs posted and to bring people... Read More
February 28 Newsletter
March 01, 2022
Here’s What You’ll Find in our February 28 Weekly Legal Brief Blog of the Week- Tip of the Week- Retention... Read More
February 28 Tip of the Week
March 01, 2022
Concerned about Losing Employees at a Critical Time? Consider a Retention Bonus In this time of difficult labor markets and... Read More
February 21 Newsletter
February 22, 2022
Here’s What You’ll Find in our February 21 Weekly Legal Brief Blog of the Week- Separation Notice Tip of the... Read More
February 14 Newsletter
February 15, 2022
Here’s What You’ll Find in our February 14 Weekly Legal Brief Blog of the Week- Off-Duty Conduct Tip of the... Read More
February 14 Tip of the Week
February 14, 2022
“An Unsatisfactory Answer is Better Than No Answer” Working as a human resources professional is not for the faint of... Read More
February 21 Tip of the Week
February 14, 2022
“Paid Time Off” The COVID 19 pandemic brought forward many issues in the workplace, from the need to allow for... Read More
February 7 Newsletter
February 08, 2022
Here’s What You’ll Find in our February 7 Weekly Legal Brief Blog of the Week- Terminating Employees Tip of the... Read More
February 7 Tip of the Week
February 07, 2022
Does your workplace have a safety incentive program that rewards employees for completing a certain number of days without a... Read More
FLSA and State Wage & Hour Laws
February 02, 2022
February 15 | 12:00pm EST Travel time, rounding rules, overtime exemptions, donning and doffing, and wage deductions: just a few... Read More
January 31 Newsletter
February 01, 2022
Here’s What You’ll Find in our January 31 Weekly Legal Brief Blog of the Week- OSHA Withdraws ETS Tip of... Read More
January 31 Tip of the Week
February 01, 2022
Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More
OSHA Withdraws Vaccine/Test Mandate ETS
January 27, 2022
A few weeks after the Supreme Court halted OSHA’s Emergency Temporary Standard (ETS) requiring businesses with 100+ employees to have... Read More
January 24 Newsletter
January 25, 2022
Here’s What You’ll Find in our January 24 Weekly Legal Brief Blog of the Week- Discussing Wages at Work Tip... Read More
January 24 Tip of the Week
January 24, 2022
“COVID – The Gift that Keeps on Giving” Employers are faced with many decisions with respect to COVID and its... Read More
January 17 Newsletter
January 18, 2022
Here’s What You’ll Find in our January 17 Weekly Legal Brief Blog of the Week-OSHA ETS Blocked by SCOTUS Tip... Read More
January 17 Tip of the Week
January 17, 2022
State, Local, Federal – Are You in Compliance? As we begin a new year, it is always a good idea... Read More
Supreme Court Blocks OSHA Vaccine/Test Mandate ETS
January 13, 2022
In an announcement on Thursday January 13th, the Supreme Court blocked the OSHA ETS which required employers with 100 or... Read More
January 10 Newsletter
January 11, 2022
Here’s What You’ll Find in our January 10 Weekly Legal Brief Blog of the Week-OSHA ETS Begins 1/10 Tip of... Read More
January 3 Newsletter
January 04, 2022
Here’s What You’ll Find in our January 3 Weekly Legal Brief Blog of the Week-CDC Guidance Tip of the Week-... Read More
January 3 Tip of the Week
January 03, 2022
“New Year, Fresh Start” As we begin a new calendar year, it is important to review your policies and handbooks... Read More
January 10 Tip of the Week
December 29, 2021
Amazon, Starbucks, who is next? What do Amazon and Starbucks have in common? They both have been subject to union... Read More
CDC Updates Recommended COVID Isolation Time
December 27, 2021
In an announcement On Monday December 27th that will impact all employers, the CDC updated their recommended times for when... Read More
New York City Vaccine Mandate for Businesses Effective December 27, 2021.
December 27, 2021
Effective on December 27, 2021, a New York City workplace vaccine order which will apply to nearly 200,000 businesses, will... Read More
December 27 Tip of the Week
December 27, 2021
Reasonable Accommodations to Mandatory Vaccine Policies By now most employers know that if they implement a mandatory vaccination policy, they... Read More
December 20 Newsletter
December 20, 2021
Here’s What You’ll Find in our December 20th Weekly Legal Brief Blog of the Week- OSHA Vaccine Mandate Reinstated Tip... Read More
December 20 Tip of the Week
December 20, 2021
You are looking to hire the best candidate for your open position and you want to avoid past hiring mistakes... Read More
U.S. 6th Circuit of Appeals Reinstates OSHA’s Vaccine Mandate ETS
December 19, 2021
UPDATE: 12/23/2021– The Supreme Court announced last night that it will hold a special hearing on Friday, January 7 to... Read More
December 13 Newsletter
December 14, 2021
Here’s What You’ll Find in our December 13th Weekly Legal Brief Blog of the Week- Federal Contractor Vaccine Mandate Halted... Read More
December 13 Tip of the Week
December 13, 2021
Today’s tip of the week is a little bit tech and a little bit law. We’re talking about biometric technology... Read More
U.S. District Court Halts Federal Contractor Vaccine Mandate
December 09, 2021
On Tuesday December 7th, a U.S. district court in Georgia halted President Joe Biden’s vaccine mandate for federal contractors nationwide,... Read More
December 6 Newsletter
December 07, 2021
Here’s What You’ll Find in our November 29th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More
December 6 Tip of the Week
December 07, 2021
Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes? As the popularity of vaping... Read More
November 29 Newsletter
November 30, 2021
Here’s What You’ll Find in our November 29th Weekly Legal Brief Blog of the Week- Separation Agreements Tip of the... Read More
November 29 Tip of the Week
November 30, 2021
While this week’s tip of the week could easily take up an entire blog post or even an all-day seminar,... Read More
We are Pleased to Announce a New Partnership with benePerks
November 29, 2021
Plymouth, MN, November 30, 2021 — myHRcounsel™ is pleased to announce a new partnership with benePerks. This partnership will provide... Read More
November 22 Newsletter
November 23, 2021
Here’s What You’ll Find in our November 22nd Weekly Legal Brief Blog of the Week- Off Duty Conduct Tip of... Read More
November 22 Tip of the Week
November 23, 2021
How Do I Handle Final Pay for a Deceased Employee? It’s not necessarily a frequent occurrence, but sometimes an employer... Read More
November 15 Newsletter
November 16, 2021
Here’s What You’ll Find in our November 15th Weekly Legal Brief Blog of the Week- OSHA ETS Temporarily Halted Tip... Read More
November 15 Tip of the Week
November 15, 2021
Are You Prepared to Conduct Effective Performance Reviews? Whether you review all employees’ performance at the same time each year,... Read More
November 8 Newsletter
November 08, 2021
Here’s What You’ll Find in our November 8th Weekly Legal Brief Blog of the Week- OSHA ETS Released Tip of... Read More
November 8 Tip of the Week
November 08, 2021
Think you don’t have to accommodate an employee working in a call center who suffers from angry, four-letter word outbursts?... Read More
Federal Appeals Court Temporarily Blocks OSHA’s Vaccine ETS
November 08, 2021
A federal appeals court temporarily blocked President Joe Biden’s Covid vaccine and testing requirements for private businesses on Saturday, just a day... Read More
OSHA Issues Emergency Temporary Standard (ETS) on COVID-19 Vaccines and Testing
November 04, 2021
UPDATE (11/8/2021): On Saturday November 6th, the 5th U.S. Circuit Court of Appeals granted an emergency stay of the ETS,... Read More
November 1 Newsletter
November 02, 2021
Here’s What You’ll Find in our November 1st Weekly Legal Brief Blog of the Week- Updated EEOC Guidance Tip of... Read More
November 1 Tip of the Week
November 02, 2021
Unvaccinated Employees, Premium Surcharges, and ACA Affordability In a recent tip of the week, we discussed the possibility of employers... Read More
EEOC Issues Updated Guidance on Religious Exemptions from Vaccine Mandates
October 27, 2021
On Monday October 26, the Equal Employment Opportunity Commission (EEOC) updated guidance issued on the onset of the COVID pandemic,... Read More
October 25th Newsletter
October 26, 2021
Here’s What You’ll Find in our October 25th Weekly Legal Brief Blog of the Week- Discussion of Wages & Salaries... Read More
October 25 Tip of the Week
October 25, 2021
FMLA: Can Employers and Employees Agree to Opt Out or Delay? A common misconception about the FMLA is that employers... Read More
October 18th Newsletter
October 19, 2021
Here’s What You’ll Find in our October 18th Weekly Legal Brief Blog of the Week- Employee Dress Codes Tip of... Read More
October 18 Tip of the Week
October 18, 2021
While many employers might already know that it is legal to require that employees provide evidence of a negative COVID-19... Read More
President Biden Issues Mandate on Vaccines for Large Employers. What does it Mean for Employers?
October 12, 2021
TBA | 12:00pm EST As many know, on Thursday September 9th, President Biden announced that his administration will mandate COVID-19... Read More
October Third Tuesday Webinar- COVID and the ADA- The Intersection Between Employee Protections and Employer Rights
October 12, 2021
Tuesday October 19th | 12:00pm EST Many employers have fallen into a routine when it comes to employees and the... Read More
October 11th Newsletter
October 11, 2021
Here’s What You’ll Find in our October 11th Weekly Legal Brief Blog of the Week- Halloween in the workplace Tip... Read More
October 11 Tip of the Week
October 11, 2021
Concerned about Losing Employees at a Critical Time? Consider a Retention Bonus In this time of difficult labor markets and... Read More
October 4th Newsletter
October 05, 2021
Here’s What You’ll Find in our October 4th Weekly Legal Brief Blog of the Week- COVID Leave Ends Tip of... Read More
October 4 Tip of the Week
October 04, 2021
California’s New Workplace Quota Law Reins in Warehouse Employers-Could a Similar Law Be Coming to a State Near You? California’s... Read More
Federal Leave for COVID-19 Ends on September 30, 2021
September 29, 2021
The American Rescue Plan Act (ARPA), passed earlier this year, allowed employers with less than 500 employees to voluntarily provide... Read More
September 27th Newsletter
September 28, 2021
Here’s What You’ll Find in our September 20th Weekly Legal Brief Blog of the Week- Wage Reductions Tip of the... Read More
September 27 Tip of the Week
September 28, 2021
In many locations where recreational marijuana is legal, employers are prohibited from testing for marijuana as a condition of employment.... Read More
September 20th Newsletter
September 20, 2021
Here’s What You’ll Find in our September 20th Weekly Legal Brief Blog of the Week- President Biden Vaccine Mandate Tip... Read More
September 20 Tip of the Week
September 20, 2021
What if My Employee Hasn’t Completed their Timesheet by Payday? This is a common situation facing employers. Even if an... Read More
September 13th Newsletter
September 14, 2021
Here’s What You’ll Find in our September 13th Weekly Legal Brief Blog of the Week- President Biden Vaccine Mandate Tip... Read More
September 13 Tip of the Week
September 14, 2021
Does your employee handbook have a personnel file policy? Nineteen states have laws requiring employers to allow employees to access... Read More
President Biden to Mandate COVID-19 Vaccines or Weekly Testing
September 09, 2021
On Thursday September 9th, President Joe Biden announced sweeping new vaccine requirements for the federal workforce and large private sector... Read More
September 6th Newsletter
September 07, 2021
Here’s What You’ll Find in our September 6th Weekly Legal Brief Blog of the Week- Point Factor Method Tip of... Read More
September 6 Tip of the Week
September 07, 2021
Happy September! As we approach the fall with Labor Day behind us, our Tip of the Week encourages all to... Read More
August 30th Newsletter
August 31, 2021
Here’s What You’ll Find in our August 30th Weekly Legal Brief Blog of the Week- Mask Requirement Tip of the... Read More
August 30 Tip of the Week
August 30, 2021
Many employers are now requiring their employees to be vaccinated against COVID-19. Mandating a vaccination is allowed, as long as... Read More
August 23rd Newsletter
August 23, 2021
Here’s What You’ll Find in our August 23rd Weekly Legal Brief Blog of the Week- Pfizer Vaccine Approved Tip of... Read More
FDA Fully Approves Pfizer COVID-19 Vaccine
August 23, 2021
Today the Food and Drug Administration (FDA) announced that the Pfizer brand COVID-19 vaccine, which was previously available under Emergency... Read More
August 23 Tip of the Week
August 23, 2021
Don’t forget about health screenings in the chaos of mask and vaccination guidelines! Ever since the COVID-19 vaccines became widely... Read More
August 16th Newsletter
August 16, 2021
Here’s What You’ll Find in our August 16th Weekly Legal Brief Blog of the Week- Workplace Vaccination Programs Tip of... Read More
August 16 Tip of the Week
August 16, 2021
Do you have an employee who contracted COVID-19? If so, you may need to deal with post-acute sequelae of SARS-CoV-2... Read More
August 9 Tip of the Week
August 09, 2021
Continuing to provide paid sick and family leave under the American Rescue Plan Act (ARPA)? Make sure you are up... Read More
August 9th Newsletter
August 09, 2021
Here’s What You’ll Find in our August 9th Weekly Legal Brief Blog of the Week Tip of the Week- Webinar... Read More
August 2nd Newsletter
August 02, 2021
Here’s What You’ll Find in our August 2nd Weekly Legal Brief Blog of the Week- New CDC Guidance Tip of... Read More
August 2 Tip of the Week
August 02, 2021
OSHA has issued a new Interim Enforcement Response Plan that recommends implementing multiple layers of control to protect unvaccinated or... Read More
September Third Tuesday Webinar- Unemployment 101: Part 2: Employer Responsibility
July 28, 2021
Tuesday September 20th | 12:00pm EST Unemployment can seem like a simple machine: you put in money every quarter, it... Read More
August Third Tuesday Webinar- Unemployment 101: Part 1: Employee Eligibility
July 28, 2021
Tuesday August 17th | 12:00pm EST One of the biggest questions on employers’ minds when it comes to separation of... Read More
CDC Updates Mask Guidance- What it Means for Employers
July 28, 2021
The US Centers for Disease Control and Prevention (CDC) announced on Tuesday, July 27th that it would be amending previous... Read More
July 26th Newsletter
July 26, 2021
Here’s What You’ll Find in our July 26th Weekly Legal Brief Blog of the Week- ADA Anniversary Tip of the... Read More
July 26 Tip of the Week
July 26, 2021
You find out a candidate has two DWI’s – what can you ask? Not if he/she has a drinking problem!! ... Read More
The Americans with Disabilities Act of 1990
July 23, 2021
Today, July 26, 2021, represents the 31st anniversary of the Americans with Disabilities Act of 1990. The ADA is one... Read More
The Importance of Having Unlimited, Flat-fee Legal Counsel as an Employer
July 21, 2021
Legal consultation in these 6 critical areas would cost over $10,000 annually from a traditional law firm. At myHRcounsel, we... Read More
July 19th Newsletter
July 19, 2021
Here’s What You’ll Find in our July 19th Weekly Legal Brief Blog of the Week- Tip of the Week- Background... Read More
July 19 Tip of the Week
July 19, 2021
Heads up for a massive increase in class action suits against companies that use background checks. In 2019, the 9th Circuit... Read More
July 12th Newsletter
July 12, 2021
Here’s What You’ll Find in our July 12th Weekly Legal Brief Blog of the Week- Non Compete Agreements Tip of... Read More
July 12 Tip of the Week
July 12, 2021
If your company is contemplating bringing employees back into the office, there are a few practical steps HR/management should work... Read More
President Biden Signs Executive Order to Curtail Non-Compete Agreements
July 08, 2021
Update 7/12/21: On July 9, 2021, President Biden signed the “Executive Order on Promoting Competition in the American Economy,” in... Read More
Vaccination in the Workplace: Don’t Get Stuck when it Comes to Compliance
July 06, 2021
Tuesday July 20th | 12:00pm EST myHRcounsel’s attorneys present a Third Tuesday Webinar on the issue that’s giving all HR... Read More
July 5th Newsletter
July 06, 2021
Here’s What You’ll Find in our July 5th Weekly Legal Brief Blog of the Week- EEO-1 Extension Tip of the... Read More
July 5 Tip of the Week
July 06, 2021
Employers often ask our attorneys if they are required to report an employee’s suspected or known criminal conduct to law... Read More
EEO-1 Workforce Data Collection Deadline Extended
July 06, 2021
8/23/2021 UPDATE: The EEOC has once again extended the deadline until October 25, 2021. On June 28, 2021, the EEOC... Read More
June 28th Newsletter
June 29, 2021
Here’s What You’ll Find in our June 28th Weekly Legal Brief Blog of the Week- Separation Notices Tip of the... Read More
June 28 Tip of the Week
June 29, 2021
Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms or equipment, most... Read More
June 21st Newsletter
June 22, 2021
Here’s What You’ll Find in our June 21st Weekly Legal Brief Blog of the Week- Minimum Wage Tip of the... Read More
June 21 Tip of the Week
June 21, 2021
For the third time, the U.S. Supreme Court has upheld the constitutionality of the Affordable Care Act (ACA). What does... Read More
July 1, 2021 Minimum Wage Updates
June 17, 2021
Effective on July 1, 2021, two states, and many major cities are increasing their minimum wage, which will require changes... Read More
June 14th Newsletter
June 15, 2021
Here’s What You’ll Find in our June 14th Weekly Legal Brief Blog of the Week- Wage Deduction Series Tip of... Read More
June 14 Tip of the Week
June 14, 2021
Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms or equipment, most... Read More
June 7th Newsletter
June 08, 2021
Here’s What You’ll Find in our June 7th Weekly Legal Brief Blog of the Week- Terminating Employees is Hard- Defending... Read More
June 7 Tip of the Week
June 08, 2021
If your company imposes noncompetition agreements on your employees, take heed. Many states, the most recent of which is Oregon,... Read More
Third Tuesday Webinar: Parting Doesn’t Have to be Such Sweet Sorrow: Best Practices for Conducting Smoother Terminations
June 01, 2021
Tuesday June 15th | 12:00pm EST Join the attorneys at myHRcounsel for our monthly Third Tuesday webinar on a topic... Read More
June 1st Newsletter
June 01, 2021
Here’s What You’ll Find in our June 1st Weekly Legal Brief Blog of the Week- EEOC Guidance on Requiring/Incentivizing Vaccines... Read More
June 1 Tip of the Week
June 01, 2021
If your company is an ASK HR/ASK Pro subscriber, please review this week’s Tip of the Week for critical information... Read More
EEOC Issues Guidance on COVID-19 Vaccine Requirements and Workplace Incentives
May 28, 2021
EEOC Updated Guidance On Friday May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance for employers.... Read More
May 24th Newsletter
May 24, 2021
Here’s What You’ll Find in our May 24th Weekly Legal Brief Blog of the Week- DOL Withdraws Independent Contractor Rule... Read More
May 24 Tip of the Week
May 24, 2021
Do you have employees who use prescribed opioid medications to treat an injury or illness? If you do, you might... Read More
May 17th Newsletter
May 17, 2021
Here’s What You’ll Find in our May 17th Weekly Legal Brief Blog of the Week- CDC Vaccination Guidance Tip of... Read More
May 17 Tip of the Week
May 17, 2021
Now that the CDC has announced fully vaccinated people no longer need to mask at most indoor and outdoor locations,... Read More
CDC Issues Updated Guidance for Fully Vaccinated Individuals
May 14, 2021
On May 13, 2021, the Centers for Disease Control (CDC) issued updated guidance for fully vaccinated individuals. Here’s what you... Read More
May 10th Newsletter
May 11, 2021
Here’s What You’ll Find in our May 10th Weekly Legal Brief Blog of the Week- DOL Withdraws Independent Contractor Rule... Read More
May 10 Tip of the Week
May 10, 2021
If your company is an ASK HR/ASK Pro subscriber, please review this week’s Tip of the Week for critical information... Read More
DOL Withdraws Independent Contractor Rule
May 10, 2021
On May 5, 2021, the Department of Labor (DOL) announced a final rule withdrawing the Independent Contractor Status Under the... Read More
Sunsetting of MN Governor’s Executive Orders related to suspension of consumer collection activities
May 10, 2021
As many of you know, Emergency Executive Order 20-50, from May 4, 2020 suspended a number of collection activities related... Read More
May 4th Newsletter
May 04, 2021
Here’s What You’ll Find in our April 26th Weekly Legal Brief Blog of the Week- Is Federal Paid Leave on... Read More
May 4 Tip of the Week
May 03, 2021
Have you considered requiring new employees to present proof of vaccination as a condition of employment or giving preference to... Read More
Third Tuesday Webinar: Don’t Leave Money on the Table: ARPA Business Relief Provisions and How to Take Advantage of Them
May 03, 2021
Tuesday May 18th, 12:00pm EST Many major relief laws were borne out of the COVID-19 pandemic including the Coronavirus Aid,... Read More
Is Federal Paid Leave on the Horizon?
April 30, 2021
Earlier this week, President Biden announced the American Families Plan (the Plan). The Plan will: Ensure workers receive partial wage... Read More
Announcing a New Partnership Between GryphonHR and myHRcounsel
April 29, 2021
myHRcounsel™ is pleased to announce a new partnership with GryphonHR. This partnership will provide GryphonHR clients legal advice for all Form I-9 related issues.
April 26th Newsletter
April 27, 2021
Here’s What You’ll Find in our April 26th Weekly Legal Brief Blog of the Week- Why Staffing Agencies Shouldn’t Share... Read More
April 26 Tip of the Week
April 26, 2021
In many locations where recreational marijuana is legal, employers are prohibited from testing for marijuana as a condition of employment.... Read More
April 19th Newsletter
April 19, 2021
Here’s What You’ll Find in our April 19th Weekly Legal Brief Blog of the Week- Mask Exemption Tip of the... Read More
April 19 Tip of the Week
April 19, 2021
Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes? As the popularity of vaping... Read More
April 12th Newsletter
April 13, 2021
Here’s What You’ll Find in our April 12th Weekly Legal Brief Blog of the Week- Mask Mandates Tip of the... Read More
April 12 Tip of the Week
April 13, 2021
While many employers might already know that it is legal to require that employees provide evidence of a negative COVID-19... Read More
April 5 Tip of the Week
April 05, 2021
As if dealing with a global pandemic, ever-evolving public health guidance, and related legislation wasn’t enough, as an employer, you... Read More
April 5th Newsletter
March 30, 2021
Here’s What You’ll Find in our April 5th Weekly Legal Brief Blog of the Week- Medical Marijuana Tip of the... Read More
March 29 Tip of the Week
March 29, 2021
Among other things, the recently passed American Rescue Plan Act of 2021 (“ARPA”) provides a COBRA premium subsidy from April... Read More
Third Tuesday Webinar: How an Employer Can Handle the Complex Web of Marijuana Laws
March 24, 2021
Tuesday April 20th, 12:00pm EST With over 15 states having legalized recreational marijuana, and even more allowing the use of... Read More
March 22nd Newsletter
March 23, 2021
Here’s What You’ll Find in our March 22nd Weekly Legal Brief Blog of the Week- CDC Vaccine Guidance Tip of... Read More
March 22 Tip of the Week
March 22, 2021
While you may generally adhere to the adage that you shouldn’t reinvent the wheel, when it comes to your existing... Read More
CDC Releases Workplace Vaccination Program Guidance
March 18, 2021
The CDC recently released guidance regarding workplace vaccination programs. The guidance assists employers in navigating options for encouraging immunization among... Read More
March 15th Newsletter
March 15, 2021
Here’s What You’ll Find in our March 15th Weekly Legal Brief Blog of the Week- New Stimulus Plan Tip of... Read More
March 15 Tip of the Week
March 11, 2021
As we face the one-year anniversary of the COVID-19 pandemic officially being declared a national emergency in the United States,... Read More
President Biden Signs into Law $1.9 Trillion American Rescue Plan Act
March 11, 2021
UPDATE: On Friday March 12th, President Joe Biden has signed into law the American Rescue Plan Act. On Wednesday March... Read More
March 8th Newsletter
March 08, 2021
Here’s What You’ll Find in our March 8th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More
March 8 Tip of the Week
March 08, 2021
You’ve likely heard of a few states reopening in March without required safety measures such as capacity limits and mask... Read More
House Passes American Rescue Plan Act
March 03, 2021
Early on Saturday morning, February 27, 2021, the U.S. House of Representatives passed the American Rescue Plan Act. The stimulus... Read More
March 1st Newsletter
March 01, 2021
Here’s What You’ll Find in our March 1st Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More
March 1 Tip of the Week
March 01, 2021
Back in October, the IRS released this Notice, extended the ACA reporting deadline for providing employees with plan year 2020... Read More
House Passes American Rescue Plan Act
March 01, 2021
Early on Saturday morning, February 27, 2021, the U.S. House of Representatives passed the American Rescue Plan Act. The stimulus... Read More
February 22nd Newsletter
February 22, 2021
Here’s What You’ll Find in our February 22nd Weekly Legal Brief Blog of the Week Tip of the Week Join... Read More
February 22 Tip of the Week
February 22, 2021
Did you know that policies in your employee handbook could potentially create contractual obligations? The Minnesota Supreme Court addressed this... Read More
February 15th Newsletter
February 16, 2021
Here’s What You’ll Find in our February 15th Weekly Legal Brief Thanks for joining us for our HR 101 Seminar!... Read More
February 15 Tip of the Week
February 15, 2021
The majority of states have legalized marijuana to one extent or another. CBD products with limited THC content and medical... Read More
February 8 Tip of the Week
February 09, 2021
Do you have employees who use prescribed opioid medications to treat an injury or illness? If you do, you might... Read More
February 8th Newsletter
February 09, 2021
Here’s What You’ll Find in our February 8th Weekly Legal Brief Join us today for our HR 101 Seminar! Blog... Read More
Yardstik+myHRcounsel: Background Screening 101
February 03, 2021
What’s Covered? What is Background Screening? Why do Employers Screen? Compliance Requirements Best Practices & FAQs myHRcounsel’s Background Screening Services,... Read More
February 1st Newsletter
February 01, 2021
Here’s What You’ll Find in our February 1st Weekly Legal Brief Register for our HR 101 Seminar, which is next... Read More
February 1 Tip of the Week
February 01, 2021
There is still a lot of confusion around the Families First Coronavirus Response Act (FFCRA) obligations in 2021. With the... Read More
January 25th Newsletter
January 26, 2021
Here’s What You’ll Find in our January 25th Weekly Legal Brief Register for our HR 101 Seminar! Blog of the... Read More
January 25 Tip of the Week
January 25, 2021
One emerging area of complexity during this pandemic has been the payroll tax implications of an employee working from home... Read More
State Laws Seek to Thwart EEOC’s Green Light of Mandatory Vaccinations
January 20, 2021
Although the EEOC recently gave employers the green light to require employees receive COVID-19 vaccinations once available, some states are... Read More
January 18th Newsletter
January 18, 2021
Here’s What You’ll Find in our January 11th Weekly Legal Brief Register for our HR 101 Seminar! Blog of the... Read More
January 18 Tip of the Week
January 18, 2021
Could a federally-mandated $15.00 per hour minimum wage be on the way? The short answer is yes, and it could... Read More
Timekeeping and Remote Employees-Tracking Hours and Remaining Compliant
January 14, 2021
The Fair Labor Standards Act (FLSA) requires employers to compensate employees for all time spent performing work, regardless of whether... Read More
EEOC Schedules 2021 Openings of EEO Data Collections
January 14, 2021
After a delay due to the COVID-19 public health emergency, the EEOC announced that it will reopen EEO data collections... Read More
What Off-Duty Conduct or Activity is Protected?
January 11, 2021
Could this happen to you? More and more individuals who participated in the January 6 assault on the U.S. Capitol... Read More
January 11 Tip of the Week
January 11, 2021
With an increasing number of employees working from home during the COVID-19 pandemic, one question we have received often from... Read More
January 11th Newsletter
January 11, 2021
Here’s What You’ll Find in our January 11th Weekly Legal Brief Register for our HR 101 Seminar! Blog of the... Read More
January 4th Newsletter
January 05, 2021
Here’s What You’ll Find in our January 4th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More
January 4 Tip of the Week
January 04, 2021
With the rapid expansion of work from home arrangements, employers can be left wondering whether they must pay for an... Read More
December 28 Newsletter
December 29, 2020
Here’s What You’ll Find in our December 7th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More
December 28 Tip of the Week
December 29, 2020
While many employers might already know that it is legal to require that employees provide evidence of a negative COVID-19... Read More
New COVID-19 Relief Package
December 28, 2020
As we blogged here last week, Congress came to an agreement on a $900 billion COVID-19 relief package, and on... Read More
What Will Happen to FFCRA Leave in the New Year?
December 22, 2020
You have likely already heard rumblings about the House and Senate deal reached over the weekend on a new $900B... Read More
December 21 Newsletter
December 21, 2020
Here’s What You’ll Find in our December 7th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More
December 21 Tip of the Week
December 21, 2020
One question we’ve been asked many times by our clients is can my company require employees to wear facemasks on... Read More
Handbook Process
December 17, 2020
Did you know myHRcounsel can draft your employee handbook? If you have an existing handbook that requires an update, we... Read More
Third Tuesday Webinar: January 2021: How to Handle Complex ADA Accommodations and Avoid Costly Litigation in the New Year
December 15, 2020
If you’ve never heard of the interactive process, if you think the Americans with Disabilities Act doesn’t apply to your... Read More
December 14 Newsletter
December 15, 2020
Here’s What You’ll Find in our December 7th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More
December 14 Tip of the Week
December 14, 2020
While the thought of conducting an HR audit and employee handbook review can both seem daunting, the simple fact is... Read More
December 7 Newsletter
December 08, 2020
Here’s What You’ll Find in our December 7th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More
December 7 Tip of the Week
December 07, 2020
Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms or equipment, most... Read More
November 30 Tip of the Week
November 30, 2020
While many employers might already know that it is legal to require that employees provide evidence of a negative COVID-19... Read More
November 30 Newsletter
November 30, 2020
Here’s What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Invitation-... Read More
November 16 Newsletter
November 23, 2020
Happy Thanksgiving from myHRcounsel! Here’s What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of... Read More
November 23 Tip of the Week
November 23, 2020
With COVID-19 cases steadily on the rise in most states, public health experts are urging people not to travel for... Read More
Legalization of Marijuana and its Impact on the Workplace
November 17, 2020
Voters in another four states, Arizona, Montana, New Jersey, and South Dakota, opted for legalization of marijuana in the recent... Read More
Third Tuesday Webinar: 50 State 2021 Update
November 17, 2020
With 2020 rapidly coming to a close, join our experts as we discuss some of the major law changes taking... Read More
November 16 Newsletter
November 17, 2020
What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Invite- Join... Read More
November 16 Tip of the Week
November 17, 2020
With the rapid expansion of work from home arrangements, employers can be left wondering whether they must pay for an... Read More
Can an employer have a policy that requires employees and customers get a Covid vaccination?
November 16, 2020
The short answer is yes, you can have a policy that requires employees get a COVID vaccination (or other vaccinations, such... Read More
What Does a Biden Administration Mean For Employers?
November 12, 2020
A new presidential administration can signal many changes for employers. While litigation persists, it appears likely employers should prepare for... Read More
Best Practices to Prepare for 2021
November 12, 2020
With 2020 rapidly coming to a close, what are the best practices for your company to prepare for 2021? Join... Read More
November 9 Newsletter
November 10, 2020
What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Recording- HR... Read More
November 9 Tip of the Week
November 09, 2020
When an employee attends training, employers can be left wondering whether they must pay employees for their time. The Department... Read More
Offering Reasonable Accommodations to Clients with Disabilities
November 03, 2020
If your store policy requires everyone in the store to wear a mask at all times, you should be consistent... Read More
November 2 Newsletter
November 03, 2020
What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Recording- HR... Read More
November 2 Tip of the Week
November 02, 2020
The Centers for Disease Control (CDC) has again updated their guidance regarding contact tracing in the workplace and employers need... Read More
October 26 Newsletter
October 26, 2020
What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Invitation- HR... Read More
October 26 Tip of the Week
October 26, 2020
With Election Day just around the corner, employers need to take a moment to refresh themselves on the voting leave... Read More
October 19 Newsletter
October 20, 2020
What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Invitation- HR... Read More
October 19 Tip of the Week
October 20, 2020
Do you have employees who use prescribed opioid medications to treat an injury or illness? If you do, you might... Read More
October 12 Newsletter
October 13, 2020
What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation- HR... Read More
October 12 Tip of the Week
October 12, 2020
What if one of your employees shows up for work one morning with bloodshot, watery eyes and seems clumsy and... Read More
Are Your Employees Political Views in the Workplace Covered by Freedom of Speech
October 06, 2020
With the election just weeks away, join our experts as we discuss whether your employees’ political views are protected either... Read More
October 5 Newsletter
October 06, 2020
What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation- HR and... Read More
October 5 Tip of the Week
October 06, 2020
As if California employers didn’t have enough compliance concerns on their plate, Governor Newsom signed SB 973 into law adopting... Read More
Can you Require Facemasks?
October 02, 2020
During the COVID-19 pandemic we have seen multiple shifts in views by the public and employees. Initially, the issue was... Read More
September 28 Newsletter
October 01, 2020
What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation HR and... Read More
September 28 Tip of the Week
October 01, 2020
The IRS issued guidance to employers regarding the proper reporting of employee use of leave under the FFCRA. Employers must... Read More
Moving to the Cloud & Managing a Remote Workforce
September 30, 2020
September 21 Newsletter
September 21, 2020
What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation HR and... Read More
September 21 Tip of the Week
September 21, 2020
Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More
Remembering Ruth Bader Ginsburg
September 21, 2020
On Friday evening, the world lost a titan of the law. Justice Ruth Bader Ginsburg passed away after serving more... Read More
CDC Issues Updated Guidance on Asymptomatic COVID-19 Testing
September 20, 2020
In updated CDC guidance, the new guidance states that “if you have been in close contact, such as within 6... Read More
COVID-19/CORONAVIRUS State Re-openings
September 18, 2020
If you operate a business in Minnesota, North Dakota, South Dakota, and/or Wisconsin businesses, the following information will assist in... Read More
September 14 Newsletter
September 14, 2020
What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation HR and... Read More
EEOC (Once Again) Publishes Updated Guidance About the ADA, the Rehabilitation Act, and COVID-19
September 11, 2020
The EEOC has once again weighed in with updated guidance for employers to remain compliant when dealing with the COVID-19 pandemic in the workplace. The EEOC’s most recent FAQs are largely based on its webinar from March 2020, so much of the guidance may already be familiar to employers.
September 7 Newsletter
September 07, 2020
What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation HR and... Read More
September 7 Tip of the Week
September 07, 2020
While many employers might already know that it is legal to require that employees provide evidence of a negative COVID-19... Read More
August 31 Tip of the Week
August 31, 2020
Before COVID-19 hit back in March, our attorneys advised clients on the Americans with Disabilities Act (ADA) frequently, but once... Read More
August 31 Newsletter
August 31, 2020
What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation HR and... Read More
Department of Labor Steps in With New FAQs to Guide Employers as the School Year Starts
August 31, 2020
One question that’s been front and center for many employers as we approach fall, is how the FFCRA’s expanded FMLA (EFMLA) and emergency paid sick leave (EPSL) provisions will apply when employee’s children may or may not be going back to in-person instruction. The Department of Labor, seeking to clarify this on behalf of employers, released three new FAQs last week that are instructive.
August 24 Tip of the Week
August 24, 2020
With the rapid expansion of work from home arrangements, employers can be left wondering whether they must pay for an... Read More
August 24 Newsletter
August 24, 2020
What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation HR and... Read More
Presidential Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster
August 24, 2020
On August 8, 2020, the President issued a Memorandum Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster, directing the Secretary of Treasury to use his authority to defer the withholding, deposit, and payment of the employee share of Social Security taxes on applicable wages paid from September 1, 2020, through December 31, 2020. As currently written, this measure is merely a temporary deferral, and not forgiveness of any tax obligations.
Bullying in the Workplace- What It Is, What It Isn’t, and How to Handle Difficult Employee Situations.
August 19, 2020
August 17 Tip of the Week
August 17, 2020
During these last days of summer, before open enrollment and back-to-school FFCRA woes plague you, now can be a good... Read More
August 10 Tip of the Week
August 11, 2020
Do you have employees who use prescribed opioid medications to treat an injury or illness? If you do, you might... Read More
Federal Court in New York Strikes Down Four Key Provisions of FFCRA Regulations
August 06, 2020
In April 2020, the State of New York sued the U.S. Department of Labor (DOL), claiming it “unlawfully narrows workers’ eligibility for emergency family leave and paid sick leave guaranteed by the [FFCRA].”
Earlier this week, a federal judge for the Southern District for New York agreed with the State of New York and struck down four main regulations:
August 3 Tip of the Week
August 06, 2020
Does your business have a written plan in place for getting back to business once states start reopening after COVID-19... Read More
California COVID-19 Employer Playbook For a Safe Reopening
July 29, 2020
California released a COVID-19 Employer Playbook For a Safe Reopening to help employers “plan and prepare for reopening their business and to support a safe, clean environment for workers and customers.”
The Department of Labor Issues Additional COVID-19 Guidance
July 28, 2020
The United States Department of Labor (DOL) recently issued additional guidance related to COVID-19 and the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA). Below are some non-exhaustive highlights.
July 27 Tip of the Week
July 28, 2020
Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More
Paid Leave for Parents Under the Families First Coronavirus Response Act (FFCRA)
July 27, 2020
While many parents remain in limbo regarding the status of their child’s school this fall, some of your parent-employees have undoubtedly received confirmation as to whether their child will be attending full time in-person classes, full time distance learning, or a hybrid of the two. Your employees may be asking for teleworking arrangements or a period of continuous leave to stay home and care for school aged children whose schools have chosen a full time distance learning model.
Senate Pandemic Relief Proposal Expected Soon (UPDATED 7/27/2020)
July 24, 2020
With the Federal Pandemic Unemployment Compensation program, created by the CARES Act, set to expire in a week, many people are wondering about the next phase of relief from the federal government given the ongoing pandemic.
Minnesota Governor Issues Mask Requirement
July 23, 2020
Joining the long list of states with mask mandates, on July 22, Minnesota Governor issued Executive Order 20-81, which requires people in Minnesota to wear a face covering in all public indoor spaces and businesses, and even some outdoor spaces, unless they are alone or otherwise qualify for an exemption or accommodation. The face covering requirement is intended to supplement, and not replace, other prevention efforts such as physical distancing and hand washing. This Executive Order is effective starting July 25, and it remains in effect until the peacetime emergency declared in Executive Order 20-01 ends or until cancelled by a proper authority.
Non Compete Agreements: Understand the Who, What, Where, When, Why and How of Restrictive Covenants
July 21, 2020
July 20 Tip of the Week
July 21, 2020
The Department of Homeland Security, as they were expected to, extended its temporary relief measure for employers regarding the physical... Read More
DOL Issues New FMLA Model Notices and Forms
July 17, 2020
Much like the rest of us, the U.S. Department of Labor apparently needed a break from COVID-19 news, so it has turned its attention to FMLA classic and released new model notices and forms for administration of FMLA leave.
Here are some highlighted changes:
Updates to COVID-19 Related Laws, including the Paycheck Protection Program, and more.
July 16, 2020
July 13 Tip of the Week
July 14, 2020
Last week, the IRS issued guidance to employers regarding the proper reporting of employee use of leave under the FFCRA. ... Read More
July 6 Tip of the Week
July 09, 2020
Have you ever had an employee request to bring a service animal to work and wondered how to handle the... Read More
Paycheck Protection Program Extended
July 07, 2020
The original deadline to apply for a Paycheck Protection Program (PPP) loan was June 30, 2020, but over the weekend, the President signed S. 4116 into law, extending the program for another five weeks. The program will now remain open until August 8, 2020. This program extension comes on the heels of The Paycheck Protection Program Flexibility Act which already provided good news to borrowers by making important changes to some of the original program terms.
Liability Waivers: Can I Force my Employees to Sign Before Returning to Work?
July 02, 2020
Even as many businesses begin the reopening process, COVID-19 is still very much a public health concern. While you may be implementing liability waivers for your customers and clients to limit the risk to your organization, when it comes to your employees, think again.
June 29 Tip of the Week
June 29, 2020
The Department of Labor (DOL) recently published guidance clarifying that employees may use FFCRA paid family leave if the employee... Read More
Supreme Court Rules That Title VII of the Civil Rights Act of 1964 Prohibits Employment Discrimination Against Gay and Transgender Individuals
June 24, 2020
By now, you’ve likely heard about the landmark Supreme Court ruling issued last week in Bostock v. Clayton County, Georgia. Bostock is a consolidation of three cases involving employees who were fired either for being gay or transgender. In a 6-3 opinion written by Justice Neil Gorsuch, the Court stated that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” Of course, discrimination on the basis of sex is specifically prohibited by Title VII of the Civil Rights Act of 1964.
SBA Releases New Guidance and PPP Loan Forgiveness Application
June 22, 2020
In response to changes made to the PPP loan program by the Paycheck Protection Program Flexibility Act of 2020 (which... Read More
June 22 Tip of the Week
June 22, 2020
While many employers might already know that it is legal to require that employees provide evidence of a negative COVID-19... Read More
June 15 Tip of the Week
June 16, 2020
The Supreme Court ruled yesterday, June 15th, that Title VII of the Civil Rights Act of 1964, which prohibits employers... Read More
SCOTUS Rules that Gay and Transgender Workers are Included in the Title VII of the Civil Rights Act of 1964
June 15, 2020
In a landmark ruling on Monday June 15, 2020, the United States Supreme Court has ruled that gay and transgender... Read More
June 8 Tip of the Week
June 09, 2020
Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes? As the popularity of vaping... Read More
The Paycheck Protection Program Flexibility Act of 2020: What is it, and what’s next?
June 04, 2020
For many companies who received a Paycheck Protection Program (PPP) loan, unexpected problems arose alongside the payroll issues the PPP was designed to help solve. PPP provides forgivable loans to small businesses impacted by the COVID-19 pandemic (for background information, see our blogs about PPP here, here, here, and here). As the program nears the end of the covered period on June 30, however, it has become clear that borrowers are facing unintended complications.
CDC Reopening Guidelines
June 02, 2020
Last week, the Centers for Disease Control and Prevention (CDC) issued guidelines for reopening businesses, schools, day camps, health care facilities, mass transit, child care, and other industries.
The following is a snippet of a few topics addressed in the newly released guidance.
June 1 Tip of the Week
June 01, 2020
One question we’ve been asked many times by our clients is can my company require employees to wear facemasks on... Read More
May 25 Tip of the Week
May 26, 2020
While this week’s tip of the week could easily take up an entire blog post or even an all-day seminar,... Read More
Open For Business – How to Avoid the Legal Pitfalls of Getting Back to Work During a Pandemic
May 19, 2020
Paycheck Protection Program Update
May 19, 2020
By now, you’re likely familiar with the Paycheck Protection Program (PPP), which provides forgivable loans to small businesses impacted by the COVID-19 pandemic (for background information, see our blogs about PPP here, here, and here). As many business come to the end of their 8-week covered loan period, the SBA released a loan forgiveness application and instructions.
Open for Business: How to Avoid the Legal Pitfalls of Getting Back to Work During a Pandemic
May 19, 2020
May 18, 2020
May 18, 2020
As businesses continue bringing employees back into the workplace, many HR professionals are wondering exactly what kinds of questions they... Read More
Workers’ Compensation Claims Likely to Skyrocket Thanks to New Legal Presumptions of COVID-19 Infection
May 18, 2020
As more states lift stay-at-home orders and give employers the green light to bring workers back on site, one thing employers need to be on the lookout for is an increase in workers’ compensation claims. Workers’ compensation statutes are no-fault, meaning that employees do not need to prove negligence on the part of the employer to establish liability. It also means the employer cannot use negligence on the part of the employee as a defense to a claim. In practice, then, employees who are injured or become ill on the job are entitled to benefits like wage replacement and medical expenses, and employer liability is limited, in most circumstances, to only those benefits available through workers’ compensation.
May 11, 2020
May 12, 2020
Does your business have a written plan in place for getting back to business once states start reopening after COVID-19... Read More
Pandemic Preparedness and Response Plan What is it and why do you need one?
May 12, 2020
As stay-at-home orders expire and restrictions loosen, many employers are thinking ahead to their reopening phase. Organizations are generally encouraged... Read More
May 4, 2020
May 05, 2020
Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More
Main Street Lending Program
May 04, 2020
The Federal Reserve has announced that it is establishing a Main Street Lending Program (Program) to support lending to small and medium-sized businesses that were in sound financial condition before the onset of the COVID-19 pandemic but who may have been unable to access the Paycheck Protection Program (PPP) loans or who require additional financial support after receiving a PPP loan. Unlike PPP loans, Main Street loans are not forgivable.
COVID-19/CORONAVIRUS Office Reopening Q & A
May 01, 2020
Note: The Families First Coronavirus Response Act expired on December 31, 2020. On December 27, 2020, President Trump signed a... Read More
April 27, 2020
April 30, 2020
Employees who are requesting leave under the FFCRA either for the Expanded Family and Medical Leave or Emergency Paid Sick... Read More
What Do I Need to Know About F1 Visa Holders?
April 29, 2020
An F1 visa is a nonimmigrant visa for individuals who wish to pursue an education in the US. Every noncitizen who enters the US to attend school (from elementary school to post-graduate college) must apply for an F1 visa. To obtain an F1 visa, students must be able to show admission to a school approved by the Student and Exchange Visitor Program, official residency in a foreign country and intentions to return home, and sufficient financial support to remain in the US during their studies.
New Stimulus Bill Replenishes Small Business Loan Programs
April 25, 2020
On April 24, the President signed the Paycheck Protection Program and Health Care Enhancement Act (the “Act”) into law. Among other things, the Act allocates over $300 billion to replenish the Paycheck Protection Program (“PPP”), including $60 billion specifically set aside for loans made by community-based banks and smaller lenders. The Act also increases Economic Injury Disaster Loan (“EIDL”) program appropriations by $50 billion, and EIDL grant program funds by $10 billion.
April 20, 2020
April 21, 2020
We know that for many states and cities, companies are still in the throes of furloughs, layoffs, RIFs and other... Read More
April 13, 2020
April 13, 2020
For those employers who are operating a remote workforce and taking physical proximity precautions due to COVID-19, the Department of... Read More
Can I Reduce My Employees’ Wages and Salaries Due to Economic Slump?
April 13, 2020
The economic impact of the COVID-19 pandemic and related business closures and/or slowdown has been devastating for many. Employers are forced to cut costs, and many are considering reductions in hours, wages, and salaries to remain afloat. While this is a reasonable measure to minimize business interruptions and to keep as many employees on payroll as possible, employers should carefully implement wage, salary, and hour reductions to maintain legal compliance. The following provides general, federal guidance on these cost-cutting options, but employers should note that certain workers may be subject to additional laws (for instance those working on employment-based immigrant visas), and some states and local jurisdictions have stricter laws and regulations with which to comply.
State of the HR Industry- a Note from our CEO Mark Young
April 13, 2020
At 53 years of age, and as a leader of my sixth business, this is not my first economic crisis or downturn, and in each... Read More
FFCRA Tax Credits
April 07, 2020
On April 1, 2020, the Families First Coronavirus Response Act (FFCRA) went into effect, requiring employers to provide employees with paid sick leave (PSL) and expanded leave under the Family and Medical Leave Act (EFMLA) and enabling employers to recoup the cost of these leaves through tax credits. The IRS has issued guidance for employers with regard to obtaining and processing these tax credits.
The Small Business Administration Issues an Interim Final Rule for the Paycheck Protection Program
April 07, 2020
The Small Business Administration (SBA) has issued an interim final rule to announce implementing regulations for the new Paycheck Protection Program (PPP), which was created by the Coronavirus Aid, Relief, and Economic Security (CARES) Act to offer low-interest loans to small businesses affected by the COVID-19 crisis. The PPP encourages businesses to maintain employee numbers and compensation by offering loan forgiveness, subject to certain conditions. General information on the PPP and eligibility requirements can be found here.
April 6, 2020
April 07, 2020
Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More
March 30, 2020
April 02, 2020
Many of you are already aware that the federal FLSA increased the salary cutoff for exempt workers from $455 per... Read More
March 23, 2020
April 02, 2020
Have you ever had an employee request to bring a service animal to work and wondered how to handle the... Read More
USERRA- COVID19
March 30, 2020
In response to the recent COVID-19 pandemic, governors from all 50 states, Puerto Rico, Guam, the U.S. Virgin Islands and Washington, D.C. have chosen to mobilize National Guard troops to aid the government’s response. Some of the activities Guards members are being asked to assist in include delivering food to those in the hardest hit regions, providing critical personal protective equipment to medical personnel and first responders, supporting testing facilities, and providing transport assistance to support health care providers. In this time of crisis, our troops are being relied upon to assist with many critical functions to ensure the success of the United States’ COVID-19 response.
The Relief for Workers Affected by Coronavirus Act: Changes in Unemployment Insurance
March 30, 2020
The Relief for Workers Affected by Coronavirus Act (Title II, Subtitle A of the CARES Act) has made several changes to federal unemployment insurance law. The Act extends benefits to groups of individuals who previously would not have been eligible for unemployment insurance benefits, but whose employment has been adversely affected by the COVID-19 pandemic. The Act also provides a financial supplement for all unemployment insurance recipients.
The CARES Act Forgivable SBA Loan Program
March 30, 2020
On March 27, 2020, the president signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law. Below are highlights of the SBA forgivable loan program.
Employer “Sick Pay” Tax Credit Information
March 30, 2020
Updating the legal information we have been providing on the two "sick pay" laws passed by Congress and the Senate a week ago, we wanted to update businesses who continue to employ their employees on April 1, 2020 (the effective date of the Families First Coronavirus Response Act (“FFCRA”) and the Emergency Paid Sick Leave Act (“EPSLA”) ) of the "refundable" payroll tax credits for employers in order to assist with the cost of providing Coronavirus-related leave to their employees.
Furloughs, Layoffs, and Terminations: Understanding the Differences
March 27, 2020
Due to the COVID-19 pandemic, many businesses find themselves with limited resources, and many questions over how to allocate them. No employer wants to punish employees who have been loyal to the company, and in which the employer has invested significant resources from hiring to training, but what are the options when an employer is stretched past its financial limit, and what is the difference between the various terms for the separation between an employer and employee?
DOL Releases New FAQs Regarding Families First Coronavirus Act
March 25, 2020
· FFCRA’s paid leave provisions are effective on April 1, 2020 (NOT April 2)
· Employers have fewer than 500 employees if, at the time an employee’s leave is to be taken, they employ fewer than 500 full-time and part-time employees within the United States. In making this determination, employers should include employees on leave; temporary employees who are jointly employed with another employer (regardless of whether the jointly-employed employees are maintained on only one employer’s payroll); and day laborers supplied by a temporary agency (regardless of whether the employer is the temporary agency or the client firm if there is a continuing employment relationship).
State by State Unemployment Insurance Resources
March 25, 2020
All State Unemployment Insurance Resources
Senate and White House Reach Deal on Stimulus Package
March 25, 2020
Early on March 25, 2020, after days of negotiations, the U.S. Senate and the White House announced a deal on a nearly $2 trillion stimulus package to provide relief during the coronavirus crisis. The text of the proposal still needs to be completed, but it is expected to be the largest stimulus package in U.S. history.
myHRcounsel’s Attorneys Answer the Most Frequently Asked Employer Related COVID-19 Questions.
March 24, 2020
myHRcounsel’s Attorneys Answer the Most Frequently Asked Employer Questions about Coronavirus/COVID-19
March 24, 2020
Slide Deck EEOC- The COVID-19 Pandemic and Antidiscrimination Laws
Legislature Considering Economic Stimulus Plans
March 23, 2020
On March 23, the Senate failed for a second time to pass a comprehensive stimulus bill aimed at combating the devastating economic effects of COVID-19.
Department of Labor Issues Guidance Related to COVID-19 or Other Public Health Emergencies and the Fair Labor Standards Act
March 23, 2020
The Department of Labor (DOL) has published the following list of FAQs to provide guidance on FLSA implications during the COVID-19 crisis. Note that additional state or local laws may also come into play depending on your location and situation.
Treasury Department, Internal Revenue Service, and Department of Labor Guidance Related to Families First Coronavirus Response Act
March 22, 2020
The U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (DOL) announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees pursuant to the Families First Coronavirus Response Act (Act), signed by President Trump on March 18. See our blog for details about the Act here.
New Legislation Proposed to Help Keep You in Business: Keeping Workers Paid and Employed Act
March 22, 2020
In these unprecedented times, many businesses are facing closures due to economic conditions and/or government-mandated shutdowns. As a result, terminations and layoffs are widespread. In an effort to stave off continued losses, Senators Marco Rubio (R-FL), Susan Collins (R- ME), and Lamar Alexander (R-TN) have proposed The Keeping Workers Paid and Employed Act to provide $300 billion to implement a small business emergency economic relief plan. The Act aims to prevent workers from losing their jobs and small businesses from going under due to economic losses caused by the coronavirus pandemic.
EEOC Publishes Updated Guidance About the ADA, the Rehabilitation Act, and COVID-19
March 22, 2020
The Equal Employment Opportunity Commission (EEOC) enforces workplace anti-discrimination laws including the Americans with Disabilities Act (ADA) and the Rehabilitation Act, which provide for reasonable accommodation requirements and rules about medical examinations and inquiries.
Families First Coronavirus Response Act
March 19, 2020
Families First Coronavirus Response Act
Late on Wednesday evening, President Trump signed the Families First Coronavirus Response Act which, among other things, addresses federal emergency FMLA and paid sick leave. Below are the highlights.
Onboarding for Remote Workers: COVID-19 Update
March 18, 2020
UPDATE: As of March 20, 2020, the Department of Homeland Security has announced that employers may view Section 2 documents remotely (via fax, email, or webcam) for the purpose of completing Form I-9 within the requisite 3 business days of the employee’s date of hire.
March 16, 2020
March 18, 2020
Does your company ever check social media or run Google searches on candidates? Did you know that your company can... Read More
House Bill Passed 3/13/2020
March 16, 2020
Federal Emergency Paid Sick Leave Legislation Introduced
Over the weekend, the House passed a revised version of the Families First Coronavirus Response Act which, among other things, addresses federal emergency FMLA and paid sick leave. Importantly, this bill has not been approved by the Senate yet, so this is all subject to change. Below are the current highlights.
March 9, 2020
March 12, 2020
Whether you are terminating a “problem” employee who may be a litigation risk, or you choose to voluntarily pay severance... Read More
Federal Emergency Paid Sick Leave Legislation Introduced
March 09, 2020
With the number of confirmed cases of coronavirus increasing across the United States and abroad, Senator Patty Murry (D-WA) and Congresswoman Rosa DeLauro (CT-03) introduced new, emergency paid sick leave legislation that would provide paid sick days immediately to workers in light of the current spread, as well as prepare for future public health emergencies.
EEOC Weighs in on Coronavirus
March 04, 2020
On the heels of our recent blog about COVID-19, the EEOC weighed in with what employers should know about anti-discrimination laws and coronavirus.
The EEOC enforces certain anti-discrimination laws, including the ADA, which protects applicants and employees against disability discrimination. The ADA also regulates medical examinations and inquiries for all employees and applicants, including those without an ADA qualifying disability.
March 2, 2020
March 03, 2020
Unless you are living under a rock and are (or were until now) blissfully unaware, you have likely heard of the recent... Read More
Employer Response to Coronavirus
March 02, 2020
If you keep up with the news, you’ve likely heard a lot about COVID-19, or coronavirus. With the number of new cases continuing to increase worldwide, employers may be wondering what they can do to prepare for the risk of a potential outbreak.
NLRB Issues Final Rule for Joint Employment Status
February 27, 2020
Earlier this week, the National Labor Relations Board (NLRB) issued its final rule governing joint employment status under the National Labor Relations Act (NLRA). The final rule restores the joint employer standard the NLRB applied for several decades before its 2015 decision in Browning-Ferris.
February 24, 2020
February 25, 2020
Think you don’t have to accommodate an employee working in a call center who suffers from angry, four-letter word outbursts? ... Read More
February 17, 2020
February 18, 2020
Are you an employer working in a state that has legalized recreational and/or medical marijuana? Are you left wondering whether... Read More
February 10, 2020
February 13, 2020
Does your company ever check social media or run Google searches on candidates? Did you know that your company can... Read More
February 3, 2020
February 04, 2020
Many of you are already aware that the federal FLSA increased the salary cutoff for exempt workers from $455 per... Read More
New Offerings from myHRcounsel Coming Soon
February 04, 2020
We are excited to announce the following additional offerings coming from myHRcounsel. In our continuing effort to reduce and manage those burdensome expenses (like we have done with legal fees by introducing our flat fee, per employee per month unlimited legal advice), we are launching these additional services to save you money, make sure your vendors are “compliant” with your agreements with them, and aligning ourselves with the fees to provide these services.
New Form I-9 Now Available
February 03, 2020
Last week, the U.S. Citizenship and Immigration Services (USCIS) released a new Form I-9 (version 10/21/2019). The only changes are the additions of Eswatini and Macedonia, North to the list of countries in the Country of Issuance and Issuing Authority drop down fields on the fillable version of the Form (to reflect those countries’ recent name changes) and an update to the Form’s instructions.
New Jersey Client Employers and Labor Contractors Share Responsibility for Violations of State Wage and Hour and Employer Tax Laws
January 29, 2020
New Jersey Governor recently signed Assembly Bill 5840, which imposes joint and several liability on client employers and labor contractors who provide workers to such client employers for violations of State wage and hour laws or State employer tax laws. Furthermore, the law provides that a waiver of the new provisions is contrary to public policy, and therefore void and unenforceable.
New Jersey Employers Beware: New Penalties for Misclassification of Employees
January 29, 2020
New Jersey Governor recently signed Assembly Bill 5839, which creates penalties for violations of state wage, benefit, and tax laws in connection with the misclassification of employees. If the Commissioner of Labor and Workforce Development finds that a company has misclassified employees (for example by calling an employee an independent contractor), then, in addition to imposing any other remedies or penalties authorized by law, the Commissioner can assess and collect:
January 27, 2020
January 29, 2020
Does your workplace have a safety incentive program that rewards employees for completing a certain number of days without a... Read More
January 20, 2020
January 22, 2020
Today’s tip of the week is a little bit tech and a little bit law. We’re talking about biometric technology... Read More
2020 Labor Law Update
January 21, 2020
January 13, 2020
January 14, 2020
The U.S. Department of Labor revised its regulations regarding joint employer status under the FLSA. The update becomes effective on... Read More
Can Your Employees Discuss Their Wages or Salaries At Work?
January 13, 2020
You may have heard of The National Labor Relations Act (NLRA) with respect to union employees and activities. What you may not realize is that the NLRA protects the rights of most employees, even those not represented by a union, to engage in protected “concerted activity.”
January 6, 2020
January 07, 2020
PCORI fees are no longer a thing of the past. Just before Christmas, President Trump signed into law the “Further... Read More
December 30, 2019
January 02, 2020
Have you taken a look at your job applications lately? If not, it might be time to do a once-over... Read More
Using the Point Factor Method to Establish Pay Rates
January 02, 2020
Are you taking the opportunity to review and reevaluate pay rates in the New Year but don’t know where to start? The point factor method is a quantitative technique to evaluate individual jobs and/or job groups based on elements that are essential to an organization’s operations and success and set appropriate pay rates. Compensable factors are identified in a job analysis, points are assigned to the factors, the factors are weighed based on the job requirements, and a pay structure is established for the position.
2020 Minimum Wage Roundup
December 23, 2019
2020 is almost here, which means a number of states across the county will have minimum wage increases. Keep in mind that many city/county minimum wages may differ from the state minimum wage.
December 16, 2019
December 19, 2019
Does your company have a practice of running background checks on applicants even before the applicant comes in for an... Read More
There’s a New W-4 on the Horizon – What You Need to Know (and Do) to be Prepared for 2020
December 17, 2019
Massachusetts Employers, Act Fast! Deadline Approaching to Apply for Exemption for Paid Family and Medical Leave Contributions
December 16, 2019
If you offer a qualifying private plan to your workforce with benefits greater than or equal to those provided by the Paid Family and Medical Leave (PFML) law, you can apply for an exemption from collecting, remitting, and paying PFML contributions. Applications for private plan exemptions for the first quarter of contributions must be filed by December 20, 2019. Self-insured employers must provide a bond even if they are granted an exemption. Information on requesting a PFML exemption can be found here.
December 9, 2019
December 10, 2019
Despite HR professionals’ attempts to keep the workplace civil and respectful, there are times when social media tropes can leave... Read More
When Can I Deduct from my Employee’s Paycheck? Part 3: Deductions for Cash Register Shortages and Property Damage
December 10, 2019
Now that you know where and when you can (and cannot) deduct from your employee's wages for uniforms and tools and equipment, we will turn to deductions for cash register shortages and property damage in this week’s installment of our Paycheck Deductions blog series.
Nebraska Labor Law Summary
December 09, 2019
Are you an employer in Nebraska? Below are some common labor laws for the state of Nebraska that you should apply to your policies.
Are you wasting time and money on lawyers and collection agencies?
December 06, 2019
Customers can access a team of attorneys on-call for legal advice in construction, collection and corporate matters at the state and federal level for a monthly flat fee!
December 2, 2019
December 04, 2019
Thanks to our friends at SyncStream Solutions for the scoop on the latest deadlines regarding ACA reporting for the 2019... Read More
Effective Date for the CCPA is Rapidly Approaching
December 03, 2019
As if companies doing business in California didn’t already have enough compliance challenges, the California Consumer Privacy Act (CCPA) goes into effect on January 1, 2020.
Terminating Employees is Hard – Defending Your Severance Agreement in Court is Harder: Ensure Your Separation and Release of Claims Agreements are on Solid Legal Ground.
November 26, 2019
So the time has finally come. The employee you hired two years ago that held so much promise is showing up late to work, does not contribute in meetings, makes critical errors and is not responding to improvement plans. Despite your best intentions to rehabilitate this employee, it’s just not working out.
November 25, 2019
November 25, 2019
Whether you are terminating a “problem” employee who may be a litigation risk, or you choose to voluntarily pay severance... Read More
November 18, 2019
November 19, 2019
Did you know that job reassignment is considered to be the reasonable accommodation of last resort under the Americans with... Read More
The ACA Reporting Deadline is Just Around the Corner: Brush Up On What’s Required, Deadlines and More
November 19, 2019
How Does Recreational Marijuana in IL Impact Your Workplace?
November 18, 2019
Illinois’ Cannabis Regulation and Tax Act legalizes recreational marijuana, effective January 1, 2020. Accordingly, Illinois employers may need to adjust their drug policies to remain in compliance with this and other applicable laws. This is because marijuana will soon be considered a lawful product under the Illinois Right to Privacy in the Workplace Act, meaning employers cannot take disciplinary action against employees for using marijuana off-duty and off-premises.
November 11, 2019
November 14, 2019
As statistics continue to point to increasing numbers of working mothers in our workforce, companies need to stay informed about... Read More
When Can I Deduct from my Employee’s Paycheck? Part 2: Tools & Equipment
November 11, 2019
Now that you know where and when you can (and cannot) deduct from your employee's wages for uniforms, we will turn to deductions for tools and equipment in this week’s installment of our Paycheck Deductions blog series.
November 4, 2019
November 05, 2019
If your company is making the decision to terminate or demote an employee, be sure that from the outset, you... Read More
California Ban on Mandatory Arbitration
November 04, 2019
Though his predecessor previously vetoed similar bills, California Governor Gavin Newsom recently signed Assembly Bill 51 into law, effectively prohibiting the use of mandatory arbitration agreements for most employment law claims.
October 28, 2019
October 31, 2019
Federal and state legislators have passed laws to protect individuals who have a history of facing hardship in obtaining and... Read More
When Can I Deduct from my Employee’s Paycheck? Part 1: Uniforms
October 28, 2019
There are a number of reasons you may want to make deductions from an employee’s paycheck. Perhaps you want to recover the cost of uniforms or tools. Maybe an employee has destroyed property, or their cash register is short at the end of their shift. Or it could be that you advanced wages to a struggling employee. Knowing when, where, and how much you can deduct from an employee’s paycheck can save you time and money, not to mention protect your company’s reputation. Over the next few weeks, we will detail how you can make proper wage deductions and avoid illegal ones.
U.S. Senators Introduce Bill to Limit Non-Compete Agreements Nationwide
October 23, 2019
U.S. Senators Todd Young (R-Indiana) and Chris Murphy (D-Connecticut) introduced a bill on October 16, 2019, called the Workforce Mobility Act, which would significantly limit the use of non-compete agreements nationwide. A few states, such as California, North Dakota, and Oklahoma, already largely prohibit the use of non-compete agreements, and others, such as New Hampshire and Maine, prohibit the use of such restrictive covenants between employers and low-wage employees.
October 21, 2019
October 22, 2019
This week’s tip of the week is light on the law, heavy on the myHRcounsel process, but we thought it... Read More
October 14, 2019
October 17, 2019
Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes? As the popularity of vaping... Read More
Independent Contractors or Employees- Learn How to Tell the Difference and Why the Distinction Matters so Much
October 15, 2019
Prosecutors and Regulatory Agencies Crack Down on Crime in the Workplace
October 11, 2019
Prosecutors and regulatory agencies in several jurisdictions are ramping up efforts to address crime in the workplace, but the crimes they are targeting may surprise you.
October 7, 2019
October 07, 2019
It ranks high on most HR professional’s minds as a nightmare come true: an employee has just showed up for... Read More
September 30, 2019
October 07, 2019
Do you have a practice in your company of tracking time in 15 minutes increments and then either rounding up... Read More
DOL Increases Exemption Salary Thresholds
October 07, 2019
The U.S. Department of Labor recently issued its Final Rule regarding new salary thresholds that will apply to certain exempt white-collar employees starting January 1, 2020. Current thresholds were last updated in 2004, and the new regulations more closely reflect growth in employee earnings, including increasing minimum wage requirements.
September 23, 2019
September 23, 2019
Recently, the clothing store PacSun was given a harsh reminder that the ADA’s requirement that employers provide qualified individuals with... Read More
Should I Provide a Separation Notice to a Departing Employee?
September 20, 2019
Dealing with terminations, layoffs, resignations, or any other type of separation is rarely listed as a favorite aspect of anyone’s job, but it is a reality for virtually all businesses. Handling separations correctly can put your organization in a better position to defend against wrongful termination claims and to demonstrate compliance. While contemporaneous documentation of separations and the underlying reasons for them is always a good idea, in some states, a separation notice is a legal requirement. As described in more detail below, employers in the following states should provide written notice of separation to departing employees.
September 16, 2019
September 19, 2019
Have you ever had an employee request to bring a service animal to work and wondered how to handle the... Read More
Terminating an Employee Who Just Took FMLA: How to Handle This and Other Tough Employee Discipline Issues
September 17, 2019
September 9, 2019
September 12, 2019
We get many tickets from clients regarding when it is appropriate to make deductions from an exempt employee’s pay. An... Read More
California Legislators Pass Bill to Classify Gig-Workers as Employees
September 11, 2019
On Tuesday September 10, 2019, California legislators passes a landmark bill which will require app based workers (ex. Uber, Lyft, Postmates) to be treated as employees. Traditionally, these app based companies treated their workers as independent contractors. California Governor Gavin Newsom is a supporter of the bill, and is expected to sign as soon as it moves through the State Assembly.
Does “Transgender Discrimination” Equal “Sex Discrimination” Under Title VII?
September 09, 2019
This is an issue raised in the R.G. & G.R. Harris Funeral Homes v. EEOC case, for which the Supreme Court will hear arguments next month. In this case, the Equal Employment Opportunity Commission (EEOC) sued a Detroit area funeral home chain because the owner fired an employee due to disclosing her intent to transition from male to female. The lower court ruled in favor of the funeral home, but the Sixth Circuit Court of Appeals reversed the decision, arguing that transgender discrimination is a form of sex discrimination prohibited by Title VII. The Supreme Court agreed to review the decision.
September 2, 2019
September 05, 2019
Have you ever had an employee turn in his or her timecard showing a few hours of unauthorized overtime worked?... Read More
Employee Restrictive Covenants: Becoming Increasingly Difficult to Implement and Enforce
September 05, 2019
As state legislatures continue their fervor for enacting employment-related laws, they simultaneously create ever more complex webs of legal compliance challenges for employers. In that vein, one trend that continues to obscure the lines of what is or is not a lawful employment practice is the use restrictive covenant agreements. It was not long ago that companies were essentially free to enter into a variety of restrictive covenant agreements with employees to protect business assets. However, with California leading the way, employers now need to have their fingers on the pulse of law changes in the various states in which they operate before deciding to implement new restrictive covenant agreements or consider enforcing an existing one.
August 26, 2019
August 27, 2019
Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes? As the popularity of vaping... Read More
Fair Workweek Laws: Another New Compliance Challenge for Employers
August 26, 2019
In addition to the spread of paid leave requirements, many employers must now also comply with fair workweek laws. “Fair workweek” initiatives, also known as “predictive scheduling,” require employers to provide work schedules to employees in advance and pay employees if those schedules change without sufficient notice.
Which States are Puff, Puff Passing Marijuana-Related Laws and How Can Our Company Stay Compliant?
August 20, 2019
August 19, 2019
August 20, 2019
For those employers who must file an EEO-1 report, you know all too well very the limited options in... Read More
August 12, 2019
August 14, 2019
I have previously posted a tip of the week advising companies not to terminate pregnant employees because they are pregnant... Read More
Restricted Use of Non-Compete Agreements Gains Traction in New England
August 12, 2019
Employers desiring to require low-wage earners to sign and comply with non-competition agreements will find that such agreements are becoming increasingly less enforceable. Courts across the country are refusing to enforce non-competes against low-wage employees, and some states are also taking legislative action to prohibit these agreements.
Small Necessities: Your Duty to Provide Leave to Working Parents
August 09, 2019
Your employee wants to use two hours of PTO to attend a conference or a school event for a minor child. You deny the request, reasoning that PTO should be taken in whole day increments for the purpose of vacations, and allowing the employee to take two hours of PTO may disrupt business operations for the day. Are you complying with the law?
Employee Handbooks: The Most Critical Legal Document in HR
August 05, 2019
One of the most frequently asked questions we get here at myHRcounsel is: do you do employee handbooks? The answer is always an emphatic, “YES!” Anyone who is a client of myHRcounsel gets an attorney-drafted, 50-state compliant, employee handbook. However, inquiring minds still want to know, “What should be in an employee handbook?” Every state’s laws are different, so your company will need different policies for each of the states where you employ workers. To that end, this list is illustrative and not exhaustive and is mostly based on federal laws only. But here we go:
August 5, 2019
July 31, 2019
Did you know that there are wage and hour laws regarding time an employee spends donning and doffing? Yes, I... Read More
July 29, 2019
July 30, 2019
If you are an employer with 100 or more employees or a federal contractor with at least 50 employees, then... Read More
Minnesota Bans Indoor Use of E-Cigarettes
July 29, 2019
Beginning August 1, 2019 in Minnesota, e-cigarettes and vaping will be banned in most indoor workplaces and public places. As part of the Minnesota Clean Indoor Air Act (MCIAA) that went into effect in 2007, it was amended so that vaping will have the same rules as traditional cigarettes in the state, which means they will no longer be allowed in stores, restaurants, bars, offices or industrial workspaces, or other public spaces. Local law enforcement will have the authority to issue petty misdemeanor citations to proprietors or individuals who knowing fail to comply with the requirements of the MCIAA.
July 22, 2019
July 25, 2019
It’s high time we talked about recent developments relating to marijuana and employees. As laws legalizing medical and recreational marijuana... Read More
July 15, 2019
July 18, 2019
In addition to utilizing the attorneys at myHRcounsel and reading our tips and blogs, we always like to offer additional... Read More
Avoiding Legal Pitfalls in Running Background Checks
July 16, 2019
California Bans Discrimination Based on Hairstyle
July 15, 2019
California Governor Gavin Newson recently signed the Crown Act into law, making California the first state in the United States to specifically prohibit employers and school officials from discriminating against people based on their natural hair.
July 8, 2019
July 09, 2019
While there is a relative lull in HR-related due dates this summer, why not consider taking on a project? One... Read More
July 1, 2019
July 01, 2019
Do you provide your new employees with a written offer letter that memorializes the employee’s position, terms and conditions of... Read More
June 25, 2019
June 27, 2019
Have you ever had an employee turn in his or her timecard showing a few hours of unauthorized overtime worked?... Read More
LEGAL ADVICE VERSUS NON-LEGAL (INFORMATIONAL GUIDANCE) DOES IT MATTER?
June 19, 2019
To our legal clients, our PEO partners, our HCM partners, and our followers via our Weekly Legal Brief, social media posts, and free website of forms, FAQ’s, etc. at www.myhrcounselcompliance.com – you no doubt have seen our warnings about the many non-legal “compliance” solutions in the market claiming that “claim” to provide employers with equivalent legal information and protection for HR/employment “compliance” issues.
June 17, 2019
June 19, 2019
Does your company ever check social media or run Google searches on candidates? Did you know that your company can... Read More
Why Staffing Agencies Shouldn’t Share Background or I-9 Information
June 18, 2019
Staffing agencies jump through hoops to provide their clients with the best, most qualified candidates and stay competitive. Background checks and drug tests are often essential, and expensive. These screening tools assure staffing agencies that their candidates are appropriate for placement, but what should staffing agencies do when the client demands more than just a certification of the candidate’s qualifications?
Getting into the Weeds on FMLA Part 3- Managing the Leave Process, Reinstatement, and more
June 18, 2019
Bullying in the Workplace
June 14, 2019
Employers have long been aware of laws prohibiting sexual harassment and discrimination and harassment on the basis of sex, race, religion, disability, national origin, and other protected characteristics. But what about uncivil or intimidating behavior unrelated to protected class status? Many employees complain to employers about coworkers creating “toxic” work environments, but the offending behavior falls outside of the umbrella of state and federal harassment and discrimination laws. How should employers handle these situations?
June 10, 2019
June 13, 2019
Are you one of those companies that is still trying to enforce a non-compete agreement against lower wage workers? If... Read More
Serious Business: Minnesota’s New Recordkeeping and Wage Theft Law
June 10, 2019
Minnesota employers, be prepared. A broad new wage theft and employee recordkeeping law goes into effect on July 1, 2019. This leaves employers only until the end of June to prepare to comply.
Connecticut to add Paid Family and Medical Leave
June 10, 2019
Connecticut Governor Ned Lamont has promised to sign a bill that has been passed by the State Legislature, which will provide up to 12 weeks of paid family and medical leave for workers in the state. This leave law will allow workers in the state 12 weeks paid leave to care for a new child, a sick family member, or a personal illness.
June 3, 2019
June 04, 2019
Picture it: Sicily, 1922. No wait, sorry. Wrong post! Picture it. You are the HR manager and you’ve noticed lately... Read More
Maine adds Paid-Leave for Any Purpose
June 03, 2019
On Tuesday May 28th, Maine Governor Janet Mills signed into law “An Act Authorizing Employee Leave,” (“the Act”). This new law will provide eligible employees with the ability to accrue up to 40 hours of paid personal leave per year. Unlike other paid leave laws around the country, Maine’s will be the first to allow the employees to use the paid leave for any purpose, including non-medical or personal reasons.
Oregon Expands on Pregnancy Accommodation Law
May 29, 2019
Effective on January 1, 2020, employers in Oregon with 6 or more employees, must provide reasonable accommodations to employees and job applicants who have limitations due to pregnancy, unless doing so would impose a hardship.
May 27, 2019
May 29, 2019
Did you know that even if your company has a clearly stated and equally applied call-in procedure spelled out in... Read More
May 20, 2019
May 21, 2019
Does your company have a practice of running background checks on applicants even before the applicant comes in for an... Read More
Washington Joins Growing Number of States to Limit Salary History Inquiries
May 20, 2019
On May 9, 2019, Washington governor Jay Inslee signed House Bill 1696, “an act relating to wage and salary information,” adding sections to the existing Equal Pay Act, as amended by the Equal Pay Opportunity Act. The new sections, which will take effect on July 28, 2019, are intended to promote equal pay by limiting inquiries into salary history and requiring wage scale transparency. Starting July 28, 2019, employers with 15 or more employees are:
May 13, 2019
May 16, 2019
If you are on the ball, your company probably already has anti-harassment, anti-discrimination, and anti-retaliation provisions spelled out in the... Read More
May 6, 2019
May 07, 2019
When an employee calls in sick, does your company have a policy that requires the employee find their own replacement... Read More
Retain Your ACA Records
May 06, 2019
Even though the Affordable Care Act (“ACA”) employer reporting deadlines for tax year 2018 are behind us, the work with the ACA never stops. Several years into the reporting process, the IRS is still reviewing employer submissions from 2015 and 2016, and is still sending 226J penalty letters. Employers can receive a penalty letter if their submission to the IRS shows (a) a less than 95% offer of coverage rate, or (b) that a specific employee was not offered compliant coverage.
April 29, 2019
May 01, 2019
Do you employ workers in multiple jurisdictions? If so, have you checked whether there are paid sick leave laws on... Read More
April 22, 2019
April 25, 2019
If regular, consistent attendance is an essential function of an employee’s role, be sure that you are clearly indicating how... Read More
April 15, 2019
April 16, 2019
Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More
Employers Face Costly Lawsuits for Misuse of Biometric Information
April 12, 2019
Retail giant H&M just became the latest corporation to face liability for allegedly failing to follow legal requirements regulating its use of fingerprint scan time clocks. A Cook County, Illinois resident is seeking class certification for a lawsuit alleging that H&M failed to abide by the provisions of the Biometric Information Privacy Act between 2012 and 2017. The plaintiff is seeking an unspecified amount in liquidated monetary damages, costs, attorney’s fees, and further relief.
April 8, 2019
April 09, 2019
Are you sure that you are providing ALL of the various types of leave that your employees are entitled to? ... Read More
Final Pay Laws by State
April 08, 2019
We know that employers have a lot to consider when an employee separates, whether voluntarily or involuntarily. One such consideration is when final payment is due to that employee. As the answer varies from state to state, and from one situation to the next, we’ve compiled the table below to make the determination easier. As always, we encourage you to seek legal counsel with questions and specific factual scenarios.
April 1, 2019
April 02, 2019
Have you ever had an employee request a reasonable accommodation under the ADA (or at least give you enough information... Read More
Changes to New Jersey Settlement Agreements and Employment Contracts
April 01, 2019
On March 18, 2019, the Governor of New Jersey signed a new law that affects settlement agreements and employment contracts. Under the law:
March 25, 2019
March 26, 2019
Remember when all you ever heard from us here at myHRcounsel was: “Be ready for the salary changes to the... Read More
Cincinnati City Council Passes Salary History Ordinance
March 20, 2019
On March 13, 2019, Cincinnati, Ohio became the latest jurisdiction to join the growing trend into adopting an ordinance which prohibits employers from asking about or relying on salary history of a prospective employee as they determine the starting pay. This ordinance will go into effect 365 days after becoming law and more detailed rules regarding implementation have been made available.
March 18, 2019
March 19, 2019
Have you been hearing whisperings of paid family and medical leave becoming a reality – if so, you aren’t alone! ... Read More
US Department of Labor Issues New FMLA Guidance
March 18, 2019
An employee requests the use of sick leave, vacation, or PTO to care for his ill mother. Your first instinct (and the 100% correct one) is to set that FMLA process in motion. But what if your employee wants to “save up” FMLA for scheduled surgery later in the year, or the expected birth of a child in a couple of months? What do you do if your employee says, “thanks, but no thanks” to FMLA?
Michigan’s New Paid Medical Leave Act- Effective Soon!
March 14, 2019
On December 14, 2018, Michigan Governor Rick Snyder signed two laws which modified the current minimum wage and paid sick leave legislation. The changes are due to take effect on April 1, 2019. The new law, “Paid Medical Leave Act”, will replace the current “Earned Sick Time Act,” which was only recently passed. Under the new law there are several changes that will impact many businesses. For starters, this applies to all businesses with 50 or more employees.
March 11, 2019
March 12, 2019
If you are an employer who is required to comply with FMLA (you have 50 or more employees working for... Read More
Violence in the Workplace
March 08, 2019
Workplace violence is a disturbing, but real issue facing employers nationwide. News stories remind us of this reality with examples such as a recent workplace shooting in Illinois, in which a disgruntled employee shot several coworkers and police officers after learning that his employment was terminated. The Occupational Safety and Health Administration (OSHA) estimates that about two million workers report workplace violence every year. OSHA also states that employers must provide a place of employment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” So what should employers do about this growing concern?
Breaking: DOL Proposes New Overtime Rule
March 08, 2019
On Thursday March 7, 2019, the U.S. Department of Labor (DOL) announced the proposal of a new overtime rule. According to the DOL press release, this rule would now make over 1 million American workers eligible for overtime. The new proposal would raise the salary threshold starting on January 1, 2020 to $679 per week, or roughly $35,308 annually. Currently, the salary threshold is at $455 per week or roughly $23,660 annually. The current salary threshold has been in place since 2004.
March 4, 2019
March 06, 2019
You already know that you have to complete the Form I-9 process for each employee that you hire to verify... Read More
Unlimited PTO: Is it a Good Idea or Just Plain Crazy?
March 04, 2019
In a tight labor market where attracting top talent has become increasingly difficult, offering employee’s perks other than a higher salary could help an applicant considering multiple offers accept your offer instead of others. One of the perks that some companies have considered offering is unlimited paid time off (PTO) programs. Before you write off the idea as wackadoo, hear me out.
Introducing our new Partner BirdDogHR
March 01, 2019
myHRcounsel is launching an exciting new partnership with a leading talent management solutions software company to make on-demand legal counsel a reality for its customers
February 25, 2019
February 28, 2019
Before you fire that employee who failed your annual/random/post-incident drug test by testing positive for marijuana, you may need to... Read More
Can Employers Be Held Liable for Harassment by Non-Employees?
February 23, 2019
Picture this scenario: your employee, a delivery driver, makes regular stops at a production facility. The facility is not owned by your company, and your company does not employ any of the production facility workers. While at the facility, your driver is subjected to unwanted comments and touching by an employee of the facility. Your employee complains, and your HR Manager states they’ll work with management at the production facility to handle it. Your employee later returns to the facility, and the harassment continues. Your employee resigns as a result of the ongoing harassment.
New Jersey Expands Paid Family Leave
February 21, 2019
On Tuesday February 19, 2019, New Jersey Governor Phil Murphy signed into law legislation that will expand the current paid family leave, which was enacted in 2008. The new law significantly expands protections for those who miss work due to caring for a newborn child or a sick loved one.
February 19, 2019
February 19, 2019
This week’s tip of the week is light on the law, heavy on the myHRcounsel process, but we thought it... Read More
New York City to Ban Discrimination Based on Hair
February 18, 2019
On Monday February 18, 2019, the New York City Commission on Human Rights released legal guidance on our protections and enforcement actions against racial discrimination on the basis natural hair and hairstyles. These guidelines will now consider the targeting of people based on their hairstyle at work, school, or in public places racial discrimination.
Is Your Employee Exempt or Non-Exempt?
February 17, 2019
February 12, 2019
February 12, 2019
Many companies have employee handbooks or stand-alone policies addressing what type of dress is required of employees. I have reviewed... Read More
As a Client of a Staffing Agency, Should I Ask to See Applicant Background Check Reports?
February 11, 2019
Last week, we reported on why staffing agencies should not disclose background check report results with their clients. This week, we’ll discuss a few ways in which this benefits clients, as well.
February 5, 2019
February 08, 2019
Due to the government shutdown, the EEOC has announced that the deadline for companies to file their 2018 EEO-1 reports... Read More
January 29, 2019
February 08, 2019
It’s ACA season and I’m sure that while some of you are prepared, have been tracking every month, and are... Read More
January 22, 2019
February 08, 2019
Does your company ever check social media or run Google searches on candidates? Did you know that your company can... Read More
January 15, 2019
February 08, 2019
While this week’s tip of the week could easily take up an entire blog post or even an all-day seminar,... Read More
January 8, 2019
February 08, 2019
Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes? As the popularity of vaping... Read More
December 25, 2018
February 08, 2019
If your company is like most, the end of the year signals performance reviews and pay raise or bonus decisions. ... Read More
December 18, 2018
February 08, 2019
Today’s Tip of the Week is short and sweet! As many of you may have heard, a Texas court recently... Read More
December 11, 2018
February 08, 2019
Have you heard of one of the newer HR compliance trends that has been springing up around the country lately:... Read More
December 4, 2018
February 08, 2019
Have you ever had an employee request to bring a service animal to work and wondered how to handle the... Read More
November 27, 2018
February 08, 2019
When is the last time you dusted off your non-compete agreements to ensure it was still compliant with your jurisdiction’s... Read More
November 20, 2018
February 08, 2019
Did you know that HR professionals had a hand in dubbing the day after Thanksgiving, “Black Friday”? The reason behind... Read More
November 13, 2018
February 08, 2019
Did you know that job reassignment is considered to be the reasonable accommodation of last resort under the Americans with... Read More
November 6, 2018
February 08, 2019
Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More
October 30, 2018
February 08, 2019
Do you know what actions are considered adverse employment actions that could give rise to a claim for retaliation? For... Read More
October 23, 2018
February 08, 2019
Wondering if it is safe for you to ask a prospective employee about their salary history? Neither the Equal Pay... Read More
October 16, 2018
February 08, 2019
Does your workplace have a safety incentive program that rewards employees for completing a certain number of days without a... Read More
October 9, 2018
February 08, 2019
Does your company have a practice of running background checks on applicants even before the applicant comes in for an... Read More
October 2, 2018
February 08, 2019
Today’s tip of the week involves downsizing and how it can go very wrong for an employer. Recently, a parking... Read More
What Should Staffing Agencies Do When a Client Requests to See Applicant Background Check Reports?
February 04, 2019
Staffing agencies encounter this request frequently – a client doesn’t want to commit to hire an applicant until it can review and approve the applicant’s background check report.
A Note from our CEO Mark Young: Legal Advice Versus Non-Legal (Informational Guidance). Does it Matter?
January 25, 2019
To our legal clients, and followers via our Weekly Legal Brief, social media posts, and free website of forms, FAQ’s, etc. at www.myhrcounselcompliance.com – you no doubt have seen my reactions to the many non-legal “compliance” solutions in the market claiming to provide employers with equivalent legal information and protection for the HR/employment issues. We’ve even observed, since our launch in 2015, changes in explanations of these non-legal solutions offerings, and claims of what they can do for employers.
Onboarding Tasks
January 22, 2019
2019 New York Labor Law Update
January 10, 2019
The following are new labor laws in 2019 for the state of New York.
2019 Virginia Labor Law Update
January 10, 2019
The following are new labor laws for Virginia in 2019.
2019 Georgia and Tennessee Labor Law Updates
January 10, 2019
The following are new labor laws for 2019 in Georgia and Tennessee.
The Partial Government Shutdown and its Impact on Private Employers
January 07, 2019
If one of your News Year’s resolutions was to go on a “news diet”, then maybe you are one of the few lucky ones who is unaware that the partial government shutdown over border wall funding that started on December 21, 2018, continues, and seems poised to do so for the near future. While you may be thanking your lucky stars that you are not one of furloughed or unpaid federal employees, you may also be wondering how this government shutdown could impact your company. Aside from the litany of personal effects such as the disaster that has befallen the national parks and the possibility that income tax refund check processing will be delayed, there are some impacts that private employers may feel.
2019 Kentucky Labor Law Update
January 02, 2019
The following are new labor laws in Kentucky and how you can best prepare for them. These are effective January 1, 2019 unless noted:
2019 California Labor Law Update
January 02, 2019
The following are new labor laws in California and how you can best prepare for them. These are effective January 1, 2019 unless noted:
2019 Illinois Labor Law Update
December 27, 2018
Compiled by our Attorney Brittany Nicholls, the following are new labor laws in Illinois and how you can best prepare for them. These are effective January 1, 2019 unless noted:
Minimum Wage Round-Up
December 06, 2018
Do you have employees who are paid the minimum wage? Do you have tipped employees? Do you employ workers in more than one state? Do you make wage deductions, pay on a per job basis, or pay a salary to nonexempt employees, and have to ensure that your employees’ wages do not fall below the minimum wage for hours worked? No matter where you are located, what your industry is, or how many workers you employ, you need up-to-the-minute wage and hour information to comply with federal, state, and local laws and avoid costly lawsuits and intrusive, time-consuming investigations by wage compliance agencies.
How Safe is Your Company
December 03, 2018
According to the Hiscox Guide to Employee Lawsuits, U.S. employers face a 10.5% chance of an employee lawsuit in 2016. While you think your business might be safe with only a 10.5% chance at an employee lawsuit, the cost of one of these lawsuits can truly harm a business. The average cost of an employee lawsuit is $160,000! These employment claims can come from a number of areas, including:
Holiday Parties- What Employers Need to Know
November 29, 2018
It’s the most wonderful time of the year...except for HR departments who are unprepared to navigate the minefield of issues surrounding holiday parties and celebrations. While your company may be dreaming of an inclusive, tasteful acknowledgement of the winter holidays, you could wind up facing sexual harassment, religious discrimination, workers’ compensation, and wage and hour claims without expert advice from legal counsel. Here are some helpful hints for enjoying the holiday season while avoiding potential HR pitfalls:
Austin, TX Paid Sick Leave Ordinance Ruled Unconstitutional
November 28, 2018
On November 16, 2018, the Austin-based 3rd Court of Appeals ruled that Austin's paid sick and safe leave ordinance violates the state constitution. Specifically, the court held that the ordinance is preempted by the Texas Minimum Wage Act.
Terminating Before you Investigate
November 19, 2018
Social media: every employer’s double-edged sword. Facebook, Instagram, and Twitter allow you to reach millions of potential customers and clients with one click. But when negative feedback about an employee shows up in your mentions, your first instinct may to be terminate first, ask questions later. Chipotle made that mistake with one of its Minnesota franchises, and is now backtracking on its rash decision.
St. Paul, MN Minimum Wage to Increase to $15 per hour
November 19, 2018
On Wednesday November 14, St. Paul, Minnesota Mayor Melvin Carter signed into law a $15 minimum wage ordinance, which followed a 7-0 vote in favor by the St. Paul City Council. This law will gradually increase wages to $15 per hour over the next 3.5-8.5 years, with the variance dependent on the size of the business, however, contract workers will remain exempt, however tipped employees are not exempt.
What’s Protected under the 1st Amendment?
November 12, 2018
Could this happen to you? As reported by the New York Post, a Memphis employer found itself on the receiving end of a barrage of complaints after one of its employees was captured on social media wearing a racist t-shirt to the polls on Election Day. The employer investigated and decided to terminate the employee. For some, terminating the employee may seem like a foregone conclusion. Others may be wary that terminating the employee may violate the employee’s First Amendment right to free speech. How do you ensure that you comply with the law and protect your business reputation when it comes to your employees’ off duty activity-both on and off social media?
Voting Rights per State
November 05, 2018
Midterm elections are upon us, and employees may be eligible for paid time off from work to vote. More than 20 states require employers to allow paid time off, some with some restrictions, and other states require at least unpaid time off. See the chart below for information on whether you must provide your employees with paid time off to vote, and what other provisions may apply.
Google Walkout
November 02, 2018
On Thursday, November 1, Google employees across the world participated in a walkout in response to the company’s handling of sexual harassment and misconduct claims. Many claim Google has treated female workers inequitably for years, and others are outraged that a Google executive was awarded a $90 million exit package even after the company concluded that a harassment claim against him was credible.
Halloween in the Workplace
October 29, 2018
Halloween can be a spooky time of year; however, managing employee conduct around this fun and frightful holiday does not have to give your human resources department the chills. When enacting your policies and procedures regarding the Halloween holiday, the most important step you can take is to be proactive.
Duluth, MN Paid Sick and Safe Leave
October 12, 2018
On May 29, 2018, the Duluth City Council adopted Ordinance 10571, establishing minimum standards for paid earned sick and safe time in the city. The ordinance will take effect on January 1, 2020, making Duluth the third city in Minnesota to enact a paid sick and safe time law. The new ordinance applies to private employers with five or more employees, regardless of whether employees work in Duluth or whether the employer is physically located in the city.
Politics in the Workplace
October 11, 2018
One of your employees reports a coworker for expressing extreme political views on social media. An employee frequently arrives at work wearing hats and shirts supporting a controversial candidate for office. A notice is posted on your breakroom bulletin board inviting employees to a rally in support of a position on a hot button issue. What should you do? What can you do?
New Background Check Legislation Puts Employers at Risk of Costly Litigation?
October 11, 2018
Employers who rely on third party agencies to perform background checks on applicants and employees must comply with the Fair Credit Reporting Act (FCRA). Among FRCA’s requirements is the obligation to supply applicants and employees who are subject to background checks with the Summary of Your Rights Under the FCRA.
Marijuana Initiatives on the Ballot this November
October 11, 2018
With the election less than a month away, a big issue that employers should take note of, is the recreational marijuana measure that five states will vote on. Currently there are 30 states that have legalized marijuana use to a certain degree, including nine states that have legalized recreational marijuana (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont and Washington).
Employers Need to Update their FCRA Summary of Rights Form
October 03, 2018
Employers who use outside agencies to conduct background checks must use the new “A summary of your Rights Under the Fair Credit Reporting Act” Form. This was effective on September 21, 2018, and is one of the notices that employers must provide under the Fair Credit Reporting Act.
ACA Penalties Have Increased
September 17, 2018
For 2019, the Affordable Care Act (ACA) employer shared responsibility penalties are set to increase. As a reminder, these penalties apply to any month in which at least one full-time employee of an applicable large employer (ALE) receives a premium tax credit for purchasing coverage through the marketplace and either:
Employee Dress Codes
September 10, 2018
Every employer wants its employees to make a great first impression on clients and customers, promote an atmosphere of respect and professionalism in the workplace, and cultivate a general reputation of strong values and trustworthiness. One way employers approach this goal is to implement a dress code, or policy regarding dress and grooming. But employers should be aware of the pitfalls and practicality of implementing these types of policies.
We are Pleased to Announce an Exciting new Partnership with SyncStream Solutions
August 28, 2018
We are pleased to announce an exciting new partnership between SyncStream Solutions and myHRcounsel™! With all of the changes in Washington politics in the last couple of years, the Affordable Care Act (ACA), also known as Obamacare, remains the law of the land and applicable large employers are still required to comply with its mandate to offer minimum essential coverage to all full-time employees. One of the most confusing and tedious tasks involved in this compliance is the annual IRS filing requirements. Through myHRcounsel’s partnership with SyncStream, we are now providing our clients with the tools to take the stress out of these annual ACA filings. SyncStream’s comprehensive ACA Dashboard is a cloud-based tool designed to manage all aspects of ACA reporting and compliance including:
Per Diem Overview
August 28, 2018
Do you wonder about the ways to cover expenses for employees who travel? One method is paying per diem. We frequently receive questions on per diem payments and the implications they have for employers and employees.
What’s the order for paperwork when on-boarding a new employee?
August 27, 2018
Hiring a new employee can rain a mountain of paperwork on any seasoned HR professional. Oftentimes, one is left asking, what order are all of these supposed to be complete?
Best Practices for Electronic Tracking
August 23, 2018
Employers now have the ability to track employees’ movement and location using GPS and related tracking technology on employees’ vehicles and smartphones. The benefits of electronic tracking include monitoring employees’ performance and productivity, accurate time recording, and ensuring employees’ safety during work related travel. But using electronic tracking technology without the proper legal safeguards in place can lead to fines, sanctions, and costly lawsuits.
What to do when you notice issues or signs exhibited by an employee that you believe may be related to a medical issue?
August 21, 2018
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?
July 26, 2018
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.
Ban the Box Laws. What do they mean?
July 23, 2018
Did you know that over 68 million Americans have some type of criminal history? About as many Americans have criminal records as have college degrees. If you ask about criminal history on your applications to eliminate applicants with criminal records you may not just be eliminating one-third of your potential employees-you may be breaking the law!
Paid Family Leave Around the Country
July 23, 2018
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
July 23, 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
July 10, 2018
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?
July 02, 2018
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.
Minneapolis Minimum Wage for Small Businesses Takes Effect July 1, 2018
June 29, 2018
The first minimum wage increase for employers in Minneapolis with 100 or less workers will take effect on July 1, 2018. Workers of these small businesses are required by law to be paid $10.25 per hour effective on July 1. Businesses with 100 or more workers are required to pay their workers $11.25 per hour on July 1, 2018.
Rhode Island Sick and Safe Leave Time Law: Effective July 1, 2018
June 28, 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
June 18, 2018
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
June 13, 2018
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?
June 07, 2018
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
April 30, 2018
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
April 20, 2018
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
March 22, 2018
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
February 27, 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
December 14, 2017
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
December 14, 2017
What do you need in your HR toolbox that Facebook, Google, United Airlines, Snapchat, and Shutterfly wish they would have had?
Pay witholding
December 13, 2017
What do you need in your HR toolbox that Facebook, Google, United Airlines, Snapchat, and Shutterfly wish they would have had?