Employee Management

URGENT: Employer Information when a shelter-in-place/stay-at-home order is issued

What actions do I have a take as an Employer if a shelter-in-place/stay-at-home is issued? Unless an essential service such as a grocery store, pharmacy, gas station, etc., employers must abide by these orders and keep employees at home. This is a matter of both employee and public safety and OSHA regulations demand that employers …

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URGENT: Coronavirus Bill Passes

The Senate passed the Families First Coronavirus Response Act on March 18, 2020, an economic stimulus plan aimed at addressing the impact of the COVID-19 outbreak on Americans and introducing paid sick leave and an expanded family and medical leave act to the nation’s employers. An earlier version of this Act (H.R. 6201) was previously …

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Pandemic Triggers New ADA Rules

May an employer send employees home if they display influenza-like symptoms during a pandemic? Yes. During a pandemic, how much information may an employer request from employees who report feeling ill at work or who call in sick? Employers may ask employees if they are experiencing influenza-like symptoms, such as fever or chills and a …

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The Emergency Coronavirus Bill: What Employers Need to Know Regarding the Legislative Response to COVID-19

This email is being provided as a courtesy to Guardian HR clients in attempts to keep you as up to date as possible on employment law and the coronavirus. Please note these matters are subject to change and our staff are working extra diligently to keep you posted on all developments as they occur. During …

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URGENT: Coronavirus 2020 Q&A – Update

As the new strain of coronavirus—and the respiratory illness it causes, known as COVID-19—spreads, employers nationwide are finding themselves faced with a myriad of questions. With progress of this disease constantly evolving, employer guidance is also changing on a very frequent basis. The White House, the Department of Labor (DOL), the Equal Employment Opportunity Commission …

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Monthly Compliance Calendar Alert – Keep Your Company Compliant in March: Equal Employment Opportunity, Diversity, Discrimination, Harassment, and Retaliation

If you’re in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you’re equipped with the right information to keep everything on track year after year, from ACA to FLSA. That’s why we put together the HR compliance calendar …

Monthly Compliance Calendar Alert – Keep Your Company Compliant in March: Equal Employment Opportunity, Diversity, Discrimination, Harassment, and Retaliation Read More »

URGENT CA: Uber and Postmates lost a bid to temporarily block California’s new gig-worker law

Uber Technologies Inc. failed to persuade a judge to shield its drivers from California’s gig-worker protection law while the company challenges the landmark measure in court. A federal judge in Los Angles rejected a request by Uber and Postmates to temporarily block enforcement of Assembly Bill 5, which aims to convert gig-economy workers from independent contractors …

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IMPORTANT: New Form I-9 Available

The newest version of the Form I-9 was recently published by U.S. Citizenship and Immigration Services (USCIS). The form, used by HR to verify employment eligibility, will be mandatory beginning May 1, 2020. “Employers may use either the 07/17/17 N or the 10/21/2019 version until Apr. 30.,” the agency said. “On May 1, employers must …

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URGENT: Coronavirus 2020 Q&A

Please see our “Communicable Diseases – How to Handle” and “Communicable Diseases Policy” for further reference. What is a coronavirus? Coronaviruses are a large family of viruses that cause illness ranging from the common cold to more severe diseases such as Middle East Respiratory Syndrome (MERS) and Severe Acute Respiratory Syndrome (SARS). A novel coronavirus …

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Monthly Compliance Calendar Alert – Keep Your Company Compliant in February: ACA Reporting, Employee Eligibility, and Safety

If you’re in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you’re equipped with the right information to keep everything on track year after year, from ACA to FLSA. That’s why we put together the HR compliance calendar …

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IMPORTANT CALIFORNIA 2020: New Decade, New Employment Laws!

Each new year brings about new changes in employment law. Governor Gavin Newsom signed into legislation a number of new laws that impact California employers. Here’s what to look for in 2020: AB 5 – New Employee Classification Test: The law codifies and modifies the California Supreme Court’s “ABC test” from its decision in the …

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Monthly Compliance Calendar Alert – Keep Your Company Compliant in January: Tax Season Begins, Employee Handbook Finalization, and Employee Performance Review

Note: This calendar is designed to help our clients review the key human resources-related reporting and notice requirements that may apply to their organizations. Please note that this list is for general reference purposes only and is not all-inclusive. Many of the compliance requirements are complex ERISA or other statutory legal filings and responsibilities may vary depending on …

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URGENT IL: Illinois Bans Salary History Inquiries

Effective, September 29, 2019, Illinois employers are now prohibited from seeking or inquiring about a job applicant’s wage or salary history with any current or former employer. Illinois’s new ban on salary history inquiries prohibits employers from requesting and/or requiring that applicants disclose information regarding their salary history as a condition of being interviewed, considered for …

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URGENT: DOL Finalizes Long-Awaited Minimum Salary Threshold for Overtime Pay

The US Department of Labor (DOL) announced yesterday that it will raise the minimum threshold for mandatory overtime pay under the Fair Labor Standards Act (FLSA) to $35,568 from its current level of $23,660. The new rate will take effect January 1, 2020, and is expected to cover an additional 1.3 million workers who are …

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EEOC Provides New Guidance on EEO-1 Pay Data Reporting

The Equal Employment Opportunity Commission (EEOC) has updated its guidance for how to submit EEO-1 Component 2 compensation data for fiscal years 2017 and 2018. The EEOC’s web-based system to submit this information will be available July 15, 2019, and employers have until September 30, 2019 to do so, under a deadline set by a …

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URGENT CA: California bill signals ‘brand new ball game’ for gig economy businesses

With details still being hashed out and the governor still in negotiations with powerhouse companies, the California Legislature has passed a bill expected to make the gig economy workforce more expensive to maintain. The legislature passed Assembly Bill (AB) 5 late September 10, 2019, a bill that largely codifies the 2018 Dynamex Operations West, Inc. …

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URGENT CA: BREAKING NEWS! California Harassment Prevention Training Requirement – Extension of Training Deadline Announced!

California Governor Gavin Newsom just signed Senate Bill (SB) 778. Effective immediately, this bill extends the deadline for employers with five or more employees to provide the legally required harassment prevention training by one year—from January 1, 2020 until January 1, 2021. By way of background, a law signed last year (SB 1343), required employers …

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URGENT NY: New York Bans Salary History Inquiries, Expands Pay Equity Law

New legislation in New York state will prohibit employers from asking prospective employees about their salary history and significantly expand the state’s pay equity law. Salary History Inquiry Ban Senate Bill S6549 will prohibit employers from requesting, requiring or seeking a job applicant’s or current employee’s salary or wage history as a condition of: Receiving …

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URGENT TX: Dallas Ordinance Requires Employers to Provide Paid Sick Leave to Employees

The City of Dallas recently passed an ordinance requiring employers to provide paid sick leave to workers. Starting August 1, 2019, employers with more than five employees who perform at least 80 hours of work in a year in Dallas should be prepared to comply with the new ordinance. Last month, the City of Dallas joined …

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URGENT CA: California Law Bans Hair Discrimination

California has become the first state in the nation to prohibit discrimination based on natural hair or hairstyles. The bill expands the definition of “race” under state anti-discrimination law to include traits historically associated with race, including hair texture and protective hairstyles. On July 3, Gov. Gavin Newsom signed the CROWN Act – which stands …

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DOL Proposes Increasing Minimum Salary for Overtime-Exempt Employees to $35,308

The Department of Labor has proposed an increase in the federal salary-level threshold for white collar exemptions to $35,308 per year from $23,660. If finalized, the new overtime rule could result in the reclassification by employers of more than a million currently exempt workers as nonexempt and an increase in pay for others above the …

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CA LAWlert: New California Employment Laws Will Require Significant Changes in 2019

California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and certain settlement agreements covering harassment and discrimination claims, significantly expand harassment training obligations (including for employers of under 50), require female quotas on California-headquartered …

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Safety First: How to Keep the Workplace and Your Employees Safe

If you have any exposure to the daily news or, in some places, just look out your window, you can find more than ample proof that the world is a scary place. Life can be dangerous and difficult, and everyone is constantly looking for ways to minimize their risk. Recent Shooting Sparks Concern Sometimes our …

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New Jersey Employer LAWlert: Paid Sick Leave Policies Continue to be Adopted

The city of Elizabeth recently became the 10th New Jersey municipality to enact a paid sick leave law. The list of New Jersey cities with such a law includes Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic, Paterson, and Trenton. Elizabeth’s law, which becomes effective on March 2, 2016, largely mirrors the laws that …

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Alabama Employer LAWlert: New Noncompete Law Starts in January

A bill signed into law over the summer will significantly strengthen Alabama employers’ ability to enforce noncompete agreements when the law takes effect January 1, 2016. The state’s old noncompete statute makes a broad statement that noncompete agreements are void. It then creates several exceptions into which courts have shoehorned the modern version of the …

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Mandatory Flu Shots and Unintended Side Effects

Can you require all employees to get flu shots? Kind of. Mandatory flu shot policies are particularly prevalent in the healthcare field, and generally, employers can require employees to get a flu shot. However, although employer-mandated flu shots should be a good thing, some employees don’t see it that way. You may have to make …

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DOL Issues Guidance on Employee vs. Independent Contractor Classification

Determining whether a worker is an employee or an independent contractor can be a confusing (and, if done incorrectly, costly) endeavor. Though some employers may knowingly misclassify workers to reduce costs and avoid the burden of certain employment laws, it is equally—if not more—likely that the fact-specific multipart classification tests used for this purpose have …

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Core Concepts and Principles of Strategic Execution to Improve Management and Operations

Tom Willingham of The Hampton Group will introduce us to some core concepts and principles of strategic execution to improve management and operations. A must see for any business owner, manager and HR professional. [youtube https://www.youtube.com/watch?v=xLb7gT8ORPM&w=420&h=315]   We hope you find this information of value. Plese do not hesitate to contact Holman HR with any …

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Leading with Both Feet on the Ground

Holman HR President and employment attorney, Michael Goldfarb, Esq. interviews Industrial/Organizational Psychologist, Claudia White, of White Sand Consultants, Inc., on training managers to be leaders.  Claudia provides insightful expert analysis and suggestions on how to develop leadership talent and excellence.  This webinar is relevant to business owners and any individual who wants to hone their …

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Racial Bias Claim Results In One of The Largest Settlements of Its Kind

REUTERS (By Amanda Becker 8-28-13) – Merrill Lynch has agreed to pay $160 million to settle a class-action race discrimination lawsuit brought by a longtime U.S. employee. More than 1,200 current and former Merrill Lynch employees could be eligible to take part in the settlement, one of the largest sums obtained from an employer in …

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