Proper documentation is critical in almost every aspect of managing your employees. In litigation, documentation can mean the difference between a defense verdict and a multimillion-dollar jury award. But don’t document just to document—poor documentation is often worse than no documentation at all. Instead, document with purpose. Below are the top five do’s and don’ts …
There’s been an increased focus on providing special benefits to transgender individuals in the workplace. Consistent with that trend, on June 1, the Occupational Safety and Health Administration (OSHA) released “A Guide to Restroom Access for Transgender Workers.” Filed as “best practices,” the guide is not an OSHA standard or regulation but rather recommendations the …
OSHA issues guidelines to ensure restroom access for transgender workers Read More »
Click the link below to view the form of the week! Additional forms and guidelines like these can be downloaded from our online forms library at www.holmanhr.com: Form of the Week: Interview Evaluation Form If you have any questions, please do not hesitate to contact Holman HR.
Delaware has joined the growing list of states that have passed a social media privacy law. The proposal, which will take effect immediately upon being signed by Governor Jack Markell, contains broad provisions. Here’s what you need to know now. Passwords are (officially) off-limits The primary intent of the law is to prohibit employers from …
Delaware Employer LAWlert: Why Can’t We be Friends? New Social Media Law Read More »
The U.S. Court of Appeals for the 3rd Circuit recently found that an employer can be liable for interference with an employee’s Family and Medical Leave Act (FMLA) rights when it denies leave on the basis of a vague medical certification without first providing notice and a seven-day period to cure (resolve) the deficiency. Facts …
Not Allowing Employee to Clarify Vague Medical Certification May be FMLA Interference Read More »
In a nationally anticipated decision, the Colorado Supreme Court recently upheld an employer’s termination of an employee for a positive drug test because of his off-duty, off-premises marijuana use. The court’s narrow decision in the case turned on the fact that marijuana use remains illegal under federal law. Construing the term “lawful” to encompass activities …
CO Supreme Court: Worker’s Discharge for Off-duty Pot Use Was Legal Read More »
The U.S. Supreme Court sent employers a clear message in early June that a hesitance to accommodate an applicant’s religion constitutes religious discrimination. The ruling against a major clothing retailer and in favor of the Equal Employment Opportunity Commission’s (EEOC) stance on what constitutes religious discrimination leaves employers in need of advice on when and …
Life after the U.S. Supreme Court’s Decision in Abercrombie Read More »
The Oregon House and Senate have passed Senate Bill (SB) 454, which provides for statewide paid sick leave. Governor Kate Brown has signed the bill, which will become effective January 1, 2016. SB 454 mostly mirrors Portland’s sick leave law, providing that covered employers must allow employees to accrue up to 40 hours of paid …
On May 6, New York City Mayor Bill de Blasio signed into law Intro 261-A, known as the Stop Credit Discrimination in Employment Act (SCDEA). The law bans most New York City employers from running credit checks for hiring, promotion, and job-retention decisions. On June 29, Mayor de Blasio also signed into law Intro 318-A, …
New York Employer LAWlert: NYC ‘bans the box’ and use of credit checks Read More »
On July 13, 2015, Governor Jerry Brown approved AB 304 Sick Leave: Accrual and Limitations, which amends the Healthy Workplaces, Healthy Families Act of 2014 (i.e., Sections 245.5, 246, and 247.5 of the California Labor Code). These amendments took effect immediately upon signature. The following is a summary of the key amendments to the law, …
California Employer LAWlert: Amendments to Paid Sick Leave Law, Effective Immediately Read More »
Effective July 1, 2015, the Healthy Workplaces/Healthy Families Act of 2014 or the CA Paid Sick Leave Law will entitle most employees in California to three days of paid sick leave each year. All California employers must display the following text in an easily readable location on our before the effective date of the law: …
On February 25, 2015, the United States Department of Labor (DOL) adopted new regulations that define the term “spouse” for purposes of the Family and Medical Leave Act of 1993 (FMLA). Under the regulations, which took effect on March 27, 2015, the term “spouse” includes all individuals in same-sex and opposite-sex marriages, without regard to …
Be Prepared for an Extension of FMLA Rights for Employees in Same-Sex Marriages Read More »
Starting July 1, 2015 most employees will be entitled to up to three days of paid sick leave each year. Here are the details. WHO IS COVERED? Employees who work in California at least 30 days within one year from the commencement of employment are covered. All private and most public employers are subject to …
The California Supreme Court in the matter of Mendiola v. CPS Security Solutions, Inc., has reversed the California Court of Appeals, ruling that employees on 24 hour shifts must be paid for time sleeping. Historical Perspective Wage and hour claims are today governed by two complementary and occasionally overlapping sources of authority: the provisions of …
California Employer LAWlert: SUPREME COURT RULES THAT SLEEPING IS HOURS WORKED Read More »
Current California law requires employers with 50 or more employees to provide two hours of sexual harassment training and education to all supervisors and managers every 2 years and for newly hired or promoted employees, within six months of the employee’s assumption of a supervisory role. Specifically, the training must include information and practical guidance …
California Employer LAWlert: New Law Requires Anti-Bullying Training in the Workplace Read More »
Costa Solutions LLC, a warehouse service provider to the HEB grocery chain, has agreed to pay $146,459 in overtime back wages to 63 current and former employees after an investigation by the U.S. Department of Labor’s Wage and Hour Division. The investigation, conducted by the division’s San Antonio District Office, found that Costa Solutions violated …
Asphalt Specialists Inc. was ordered to pay $953,916 in damages and reinstate three employees that were terminated for raising safety concerns with all pay, benefits, and rights after being directed to violate the U.S. Department of Transportation’s mandated hours of service for commercial truck drivers. Two of the employees were terminated from employment for repeatedly …
The U.S. Department of Labor’s Occupational Safety and Health Administration announced a final rule requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation or loss of an eye. The rule, which also updates the list of employers partially exempt from OSHA record-keeping requirements, will go …
The federal Department of Labor through its Office of Federal Contract Compliance Programs, recently stated that it will hold all 200,000 government contractors and subcontractors, responsible for discrimination based upon gender identity and transgender status. This follows an announcement Secretary Perez made in June that the department is updating enforcement protocols and anti-discrimination guidance to …
FEDERAL CONTRACTORS AND SUBCONTRACTORS BEWARE: the DOL could be a-knocking Read More »
Qualified transportation benefits are one of the eight types of statutory employee benefits (also known as fringe benefits) that are excluded from gross income. An employer in the United States may provide transportation benefits to their employees that are tax free up to a certain limit. Please click the link below to view a chart explaining the …
By Mitchell Quick “Guests, like fish, begin to smell after three days old.” – Benjamin Franklin You know the drill. An employee or ex-employee files a discrimination charge against your company with the Equal Employment Opportunity Commission (“EEOC”). You file a position statement denying the allegations and then wait. You hear nothing and hope that …
Four Things to Expect During an EEOC On-Site Visit Read More »
The California legislature on Saturday, August 29, passed the Healthy Workplaces, Healthy Families Act of 2014. Below are the pertinent elements of the law that every employer in California must become familiar with.Sick Leave Entitlement/Accrual/UseIt states that an employee who, on or after July 1, 2015, works in California for 30 or more days within …
California Employer LAWlert: CA Mandates Paid Sick Leave Read More »
When clients ask us for advice on matters involving reasonable accommodations for injured workers, the first request we have is to see the particular job description. Unfortunately, far too often the response from the client is “we don’t have one.” One of the legal tips I cover in my book 10 Employment Law Tips Employers …
Written Job Descriptions- a Defense against Liability Read More »
A former Subway sandwich maker in Washington claims his employer used an inventive scheme to avoid paying him overtime: Creating fictional workers.Erwin Zambrano Moya alleges in a lawsuit filed in federal court Wednesday that the Subway franchise at 2301 Georgia Ave. NW, near Howard University, systematically shortchanged him for the two years ending in June. …
Effective January 1, 2015 in Illinois, the Job Opportunities for Qualified Applicants Act will prohibit most private-sector employers and employment agencies with 15 or more employees from asking applicants about their criminal histories and conducting criminal background checks until after applicants are deemed qualified for a job.At the signing Governor Quinn stated, “Everyone deserves a …
New Illinois Law Prohibits Criminal History Inquiries on Job Applications Read More »
Yesterday, McDonald’s was notified by an NLRB regulator that it is a “joint employer” for purposes of violations of employee working conditions at its franchise locations, more evidence that it is crucial that franchisees and their managers have quick access to employment law and HR expertise. The day to day decisions required to be made by …
NLRB SAYS McDonald’s “JOINT EMPLOYER”: why expert legal and HR advice is vital Read More »
By Roberta Fields The U.S. 6th Circuit Court of Appeals recently revived an Americans with Disabilities Act (ADA) suit filed on behalf of an ex-Ford Motor Company worker, showing that courts are warning employers to be aware that telecommuting is acceptable under appropriate circumstances as an ADA accommodation. As a result of the decision, more …
Technology Advances Require Another Look at Telecommuting as Reasonable Accomodation Read More »
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 …
Core Concepts and Principles of Strategic Execution to Improve Management and Operations Read More »
At the time an employee’s protected leave is coming to a close, many employers send the individual a “Job Readiness” or “Fitness-for-duty” form. There are many sound reasons for such a process including: Confirmation of the individual’s condition (rather than relying exclusively on the employee’s own assessment or representation); Preventing employees from abusing medical leave …
Can an Employer Require “Job Readiness” in a Return-to-Work Certification? Read More »
Survey after survey reveals that the most intimidating and confusing aspect of day-to-day human resources management is dealing with employee disability issues, especially leaves of absence. This area is of even greater concern because according to Helen M. Applewhaite the U.S. Department of Labor, Wage and Hour Division FMLA Branch Chief; employers should expect more onsite …
STRATEGIES FOR EMPLOYERS DEALING WITH ADA (FMLA) MATTERS Read More »
