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.