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.