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myHRcounsel aims to be a thought leader in the realm of HR and employment law. Our team of attorneys and HR professionals compile weekly tips, advertise upcoming educational webinars, and distribute a Weekly Legal Brief containing the latest updates on law changes throughout the country.

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

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

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.

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.

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.

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:

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.

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.

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.

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:

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.

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

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

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.”

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.

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.

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!

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. 

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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. 

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?

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?

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. 

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.

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:

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.

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.

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.

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:

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.

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.

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.

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

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. 

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.

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.

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.

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?