myHRcounsel® is the reliable source for information on HR and employment law. Our team of attorneys and HR professionals publish weekly Newsletters with the latest updates, provide valuable Tips of the Week, and host educational Webinars on critical HR topics and law changes.

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?