Employment Law & HR Topics

Employers Can Be Liable For Discrimination Against Temporary Workers

Discrimination & Harassment, Employment Law & HR Topics / By

Generally, discrimination statutes require that a worker filing a discrimination lawsuit be an employee of the company being sued. However, a recent decision from the U.S. 3rd Circuit Court of Appeals (whose rulings apply to New Jersey employers) extended the reach of the potential “employment relationship” to include temporary workers who are employed by a …

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An FMLA Primer: Notice and Communication Under FMLA

Employment Law & HR Topics, Leaves of Absence, Termination / By

The Family and Medical Leave Act (FMLA) is one of the more difficult laws for employer compliance. The regulations are long and convoluted and filled with traps for employers. The record keeping is a headache. The breadth of coverage creates opportunities for abuse by employees skilled at gaming the attendance system. And now, in a …

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

Discrimination & Harassment, Employee Management, Employment Law & HR Topics, Hiring, Safety, Termination / By

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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Excellent Example of How NOT to Handle ADA Matters

Discrimination & Harassment, Employee Benefits, Employment Law & HR Topics, Termination / By

An alcoholic employee disclosed his dependency issues to his employer. After completing treatment, the employee was terminated. Add suspected associational discrimination to the mix, and the employer finds itself in hot water over alleged Americans with Disabilities Act (ADA) violations. Employer Pins Rate Hike on Employee’s Daughter In February 1982, Damon Adams began working at …

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Court Restores Unemployment for Worker Who Didn’t Return From Leave

Employment Law & HR Topics, Leaves of Absence, Termination / By

While this is a Tennessee case, it is highly advisable to check your local state requirements as they likely are very similar. Under Tennessee law, a former employee isn’t eligible for unemployment benefits if she left her most recent job voluntarily without good cause connected to her work. However, the law creates an exception to that …

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New York City Employer LAWlert: Commuter Benefits Law FAQ

Employee Benefits, Employment Law & HR Topics, New York / By

New York City’s Commuter Benefits Law took effect on January 1, 2016. Under the law, for-profit and nonprofit employers with 20 or more full-time non-union employees in New York City must offer their full-time employees the opportunity to use pre-tax income to purchase qualified transportation fringe benefits. The law is based on the Internal Revenue …

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California Employer LAWlert: Get Ready! New Minimum Wage Ordinance for City of Los Angeles is Coming

California, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

Important Points: The wage ordinance applies to full-time, part-time and temporary employees who perform at least two hours of work within a particular week in the City of Los Angeles. Los Angeles employers must post the notice published by the Wage Enforcement Division showing the current minimum wage. The potential fine for failing to post …

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IRS Extends Health Coverage Reporting Due Date For Some Employers

Employee Benefits, Employment Law & HR Topics, Federal Updates, Health Care Reform, State & Federal Employment Law Updates / By

On Dec. 28, the IRS extended the due dates for new health care information reporting forms in 2016.   Applicable Large Employers*, ALEs, and self-insuring employers, now have additional time to provide health coverage information for 2015 to individual taxpayers and the IRS.  These employers must furnish individuals with either Form 1095-B or 1095-C by March 31, 2016.  …

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Pre-existing Conditions: You Must Take Employees as You Find Them

Employment Law & HR Topics, Leaves of Absence / By

Thought this case was from the Sixth Appellate District Court (Ohio and surrounding areas), courts in most jurisdictions are likely to hold the same.  The Six Appellate District Court recently reaffirmed this standard when it ruled that an employee is not denied a compensable claim merely because her physical fitness at the time of the …

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Individualized Assessments Are a Must Under ADA

Discrimination & Harassment, Employment Law & HR Topics / By

A recently decided case involving the reassignment of a legally deaf forklift operator serves as a good reminder to all employers of the importance of not making assumptions and of conducting a thorough individualized assessment of a disabled person’s ability or inability to perform a specific type of job. Facts Nicholas Siewertsen is a deaf …

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

Employee Management, Employment Law & HR Topics, Forms and Policies, Leaves of Absence, New Jersey, State & Federal Employment Law Updates, Wage & Hour / By

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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7th Circuit Issues Guidance to Employers Facing ADA “Regarded As” Claims

Discrimination & Harassment, Employment Law & HR Topics, Termination / By

A recent case decided by the U.S. 7th Circuit Court of Appeals provides helpful guidance for addressing “regarded as” disabled claims brought under the Americans with Disabilities Act (ADA). In defending its adverse actions against the employee, the employer rejected his claim that it regarded him as disabled because his impairment was both “transitory” and …

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State Minimum Wage Increases Effective January 1st

Alaska, Arkansas, California, Connecticut, Hawaii, Maryland, Massachusetts, Michigan, Nebraska, New York, Rhode Island, State & Federal Employment Law Updates, Vermont, Wage & Hour, West Virginia / By

State                  Current     Jan 1st    Increase  Alaska                  $8.75         $9.75       $1.00  Arkansas             $7.50         $8.00      $0.50  California            $9.00       $10.00    $1.00  Connecticut       $9.15         $9.60     …

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New Laws in California, Louisiana and Texas Effective January 1, 2016

California, Employment Law & HR Topics, Forms and Policies, Louisiana, Safety, State & Federal Employment Law Updates, Texas, Wage & Hour / By

California School Activities Leave Expansion Starts January 1 California’s law allowing unpaid time off for employees to participate in their children’s school or daycare activities will be expanded effective January 1. Current law requires employers with 25 or more employees to provide unpaid leave to employees who are a parent, guardian, or grandparent with custody …

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Time to Prepare for Large Employer ACA Tax Reporting Requirements

Employment Law & HR Topics, Federal Updates, Health Care Reform, State & Federal Employment Law Updates / By

Few would claim their favorite season is “tax season,” and this year, large employers have yet another reason to dread it: Mandatory filing requirements dictated by the Affordable Care Act (ACA) kick in for 2015. If you are an applicable large employer (ALE), it’s important to note that you are responsible for filing Form 1094-C …

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Alabama Employer LAWlert: New Noncompete Law Starts in January

Alabama, Employee Management, Employment Law & HR Topics, Forms and Policies / By

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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Several EEOC Actions Should Be a Warning to Employers

Discrimination & Harassment, Employment Law & HR Topics / By

The Equal Employment Opportunity Commission (EEOC) is an agency of the federal government, created by the Civil Rights Act of 1964 (Title VII). The purpose of the EEOC is to interpret and enforce federal laws prohibiting discrimination. To achieve these goals, the EEOC holds hearings, administers equal employment opportunity laws for employees of the federal …

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California Employer LAWlert: Governor Signs More New Employment Bills into Law

California, Discrimination & Harassment, Employment Law & HR Topics, Leaves of Absence, State & Federal Employment Law Updates, Wage & Hour / By

Governor Edmund G. Brown recently signed several new employment bills into law for California Employers.  PAGA amended California’s Private Attorney General Act (PAGA) authorizes an employee to file a civil action to recover specified civil penalties that otherwise would be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee …

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California Employer LAWlert: NEW AB 1513 Severely Limits Piece-Rate Compensation for Employers

California, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

Governor Edmund Gerald Brown, Jr. signed into law legislation that re-writes the definition and rules governing the payment of piece-rate compensation in California. Assembly Bill (AB) 1513 creates new California Labor Code section 226.2 and sets forth requirements for the payment of a separate hourly wage for “nonproductive” time worked by piece-rate employees, and separate …

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California Employer LAWlert: Overtime Law Has Far-Reaching Effects on Home Health Care Industry

California, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

The basic tenet California’s overtime law seems straightforward and unassailable: Workers who work more than eight hours at a time are entitled to overtime pay. But it may not be as simple as that. Many in the home health industry say the practical application of overtime spells the end of live-in care and could actually …

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GET READY! Proposed Federal Overtime Regulations Are Out, and You’d Better be Prepared

Employment Law & HR Topics, Federal Updates, State & Federal Employment Law Updates, Wage & Hour / By

The U.S. Department of Labor (DOL) has released its long-awaited proposed changes to the Fair Labor Standards Act (FLSA) regulations containing the “white-collar” exemptions to the minimum wage and overtime requirements. Many employers have been anxiously awaiting the proposed regulations because early indications were that the new rules will make many employees who are currently …

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Form of the Week: Leave Sharing Donation Policy

Employment Law & HR Topics, Forms and Policies, Leaves of Absence, Wage & Hour / By

Policy Statement [Company Name] recognizes that employees may have a family emergency or a personal crisis that causes a severe impact to them resulting in a need for additional time off in excess of their available sick/personal time. To address this need all eligible employees will be allowed to donate sick/personal time from their unused …

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Mandatory Flu Shots and Unintended Side Effects

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

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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2016 Human Resources Compliance Calendar

Employment Law & HR Topics, Miscellaneous / 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 …

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DOL Issues Guidance on Employee vs. Independent Contractor Classification

Employee Management, Employment Law & HR Topics, Hiring, Wage & Hour / By

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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California Employer LAWlert: Equal Pay Act Is Law

California, Discrimination & Harassment, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

Female workers in California will get new tools to challenge gender-based wage gaps under legislation signed into law Tuesday that supporters say offers the strongest equal-pay protection in the nation. Democratic Gov. Jerry Brown signed the measure while surrounded by women and girls at an event at Rosie the Riveter National Historical Park in Richmond, …

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Connecticut Employer LAWlert: Be Ready for New Social Media Law

Connecticut, Employment Law & HR Topics, State & Federal Employment Law Updates / By

Connecticut employers need to prepare for a new law taking effect October 1st limiting how they can access social media accounts belonging to employees and applicants. The new law prohibits an employer from: Requesting or requiring employees or applicants to provide a username, password, or any other authentication means for accessing a personal online account; …

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