Employment Law & HR Topics

URGENT: Families First Coronavirus Response Act Notice – Frequently Asked Questions

COVID-19/Coronavirus, Employee Management, Employment Law & HR Topics, Federal Updates, Forms and Policies, Safety, State & Federal Employment Law Updates / By

Posters Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA) Federal Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA) Per the DOL: Families First Coronavirus Response Act Notice – Frequently Asked Questions Where do …

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Well-being Ideas for Remote Employees

COVID-19/Coronavirus, Employee Management, Employment Law & HR Topics, Federal Updates, Forms and Policies, Safety, State & Federal Employment Law Updates / By

In order to have a healthy business in the current environment, it’s important to look out for the health and well-being of your employees, including their mental health. This can be especially difficult as your employees begin to work from home while the risk of the Coronavirus is present. Unaddressed depression in the workplace (or, …

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How To Get Financial Help Amid Coronavirus Outbreak

COVID-19/Coronavirus, Employee Management, Employment Law & HR Topics, Federal Updates, Forms and Policies, Safety, State & Federal Employment Law Updates / By

We at Guardian know that employers have many questions about resources in these unprecedented times. To that end, we have compiled a list of links for various sources of financial help and other information. We will continue to pass along information as it becomes available. The government has set up Benefits.gov, which walks users through …

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DHS Allows Remote Review of Form I-9s During COVID-19 Emergency

COVID-19/Coronavirus, Employee Management, Employment Law & HR Topics, Federal Updates, Forms and Policies, Safety, State & Federal Employment Law Updates / By

The Department of Homeland Security (DHS) has announced that it is temporarily relaxing Form I-9, Employment Eligibility Verification document review requirements during the coronavirus (COVID-19) pandemic. Employers whose employees are working remotely to limit physical proximity during the national emergency will be permitted to review their employees’ identity and employment authorization documents remotely. Employers are …

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URGENT: CAL Warn Suspended and Modified

COVID-19/Coronavirus, Employee Management, Employment Law & HR Topics, Federal Updates, Safety, State & Federal Employment Law Updates / By

With many restaurants forced to close and numerous other businesses facing the prospect of laying off workers in response to the economic fallout from COVID-19, employers have to give careful attention to potential notice obligations under the federal WARN Act and its state equivalent, Cal-WARN. WARN and Cal-WARN require employers to give 60-day advance notice …

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

COVID-19/Coronavirus, Employee Management, Employment Law & HR Topics, Federal Updates, Safety, State & Federal Employment Law Updates / By

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

COVID-19/Coronavirus, Employee Management, Employment Law & HR Topics, Federal Updates, Safety, State & Federal Employment Law Updates / By

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

COVID-19/Coronavirus, Employee Management, Employment Law & HR Topics, Federal Updates, Safety, State & Federal Employment Law Updates / By

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

COVID-19/Coronavirus, Employee Management, Employment Law & HR Topics, Federal Updates, Safety, State & Federal Employment Law Updates / By

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

COVID-19/Coronavirus, Employee Management, Employment Law & HR Topics, Federal Updates, Safety, State & Federal Employment Law Updates / By

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

Employee Management, Employment Law & HR Topics, Federal Updates, State & Federal Employment Law Updates / By

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

California, Employee Management, Employment Law & HR Topics, Federal Updates, State & Federal Employment Law Updates / By

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

Employee Management, Employment Law & HR Topics, Forms and Policies, State & Federal Employment Law Updates / By

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

COVID-19/Coronavirus, Employee Management, Employment Law & HR Topics / By

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

Employee Management, Employment Law & HR Topics, Federal Updates, State & Federal Employment Law Updates / By

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!

California, Employee Management, Employment Law & HR Topics, State & Federal Employment Law Updates / By

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

Employee Management, Employment Law & HR Topics, Federal Updates, Forms and Policies, State & Federal Employment Law Updates / By

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

Employee Management, Employment Law & HR Topics, Hiring, Illinois, State & Federal Employment Law Updates, Wage & Hour / By

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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Washington State Employers Beware, Obesity Can be a Disability

Employment Law & HR Topics, Leaves of Absence, State & Federal Employment Law Updates, Washington / By

It is illegal to refuse to hire qualified potential employees because the employer perceives them to be obese, the Washington Supreme Court has ruled. After a federal court in Seattle dismissed the case, the 9th Circuit Court of Appeals had asked Washington’s highest court to resolve the issue because it involved a matter of state …

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Pittsburgh & San Antonio Paid Sick Leave Law Delayed

Employment Law & HR Topics, Leaves of Absence, Pennsylvania, State & Federal Employment Law Updates, Texas, Wage & Hour / By

Pittsburgh’s Paid Sick Leave Law Upheld The Pennsylvania Supreme Court has upheld a Pittsburgh ordinance that requires private sector employers to provide paid sick leave for any workers employed within the city. The court overturned two lower court rulings against the ordinance, holding that the city has the authority to require paid sick leave for …

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

Employee Management, Employment Law & HR Topics, Equal Employment Opportunity (EEOC), State & Federal Employment Law Updates / By

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

Employee Management, Employment Law & HR Topics, Equal Employment Opportunity (EEOC), State & Federal Employment Law Updates / By

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

California, Employee Management, Employment Law & HR Topics, Hiring, State & Federal Employment Law Updates / By

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, Employee Management, Employment Law & HR Topics, Hiring, State & Federal Employment Law Updates / By

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 …

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

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

Employee Management, Employment Law & HR Topics, Hiring, New York, State & Federal Employment Law Updates, Wage & Hour / By

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

Employee Management, Employment Law & HR Topics, Hiring, Leaves of Absence, State & Federal Employment Law Updates, Texas / By

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, Discrimination & Harassment, Employee Management, Employment Law & HR Topics, Hiring, Labor Law Posters / By

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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Colorado Legislature Passes Significant Equal Pay Bill, Including Salary History Ban and Job Posting Requirements

Colorado, Employment Law & HR Topics, Hiring / By

UPDATE: The governor signed this bill into law on May 22, 2019. In its recently concluded session, the Colorado General Assembly passed legislation to strengthen the state’s pay equity requirements, prohibit employers from seeking salary history from job applicants, and require employers to post internal job openings and list salary ranges on all postings. The …

Colorado Legislature Passes Significant Equal Pay Bill, Including Salary History Ban and Job Posting Requirements Read More »

Court Orders EEO-1 Pay Data by September 30

Employment Law & HR Topics, Equal Employment Opportunity (EEOC) / By

September 30th is the new deadline for the Equal Employment Opportunity Commission (EEOC) to complete their collection of employer data for the Annual EEO-1 Report. The data is collected from Form W-2, which is sorted by race, ethnicity and gender. File Now! THE 2018 EEO-1 SURVEY IS OPEN – The Employer Information Report EEO-1, otherwise known as …

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

Employee Management, Employment Law & HR Topics, Exemption / By

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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