Employment Law & HR Topics

OSHA issues guidelines to ensure restroom access for transgender workers

Discrimination & Harassment, Employment Law & HR Topics / By

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 …

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Delaware Employer LAWlert: Why Can’t We be Friends? New Social Media Law

Delaware, Employment Law & HR Topics, Hiring / By

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 …

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Not Allowing Employee to Clarify Vague Medical Certification May be FMLA Interference

Employment Law & HR Topics, Leaves of Absence / By

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 …

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CO Supreme Court: Worker’s Discharge for Off-duty Pot Use Was Legal

Colorado, Employment Law & HR Topics / By

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 …

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Life after the U.S. Supreme Court’s Decision in Abercrombie

Employment Law & HR Topics / By

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 …

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New York Employer LAWlert: NYC ‘bans the box’ and use of credit checks

Employment Law & HR Topics, New York / By

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, …

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California Employer LAWlert: Amendments to Paid Sick Leave Law, Effective Immediately

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

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, …

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California Employer LAWlert: New Sick Leave Law Will Require This Posting to be Displayed Where Employees Can Easily Read It

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

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: …

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Be Prepared for an Extension of FMLA Rights for Employees in Same-Sex Marriages

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

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 …

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California Employer LAWlert: RECAP OF NEW PAID SICK LEAVE LAW: Coming to an employer near you July 1, 2015

California, Employment Law & HR Topics, Forms and Policies, Leaves of Absence, State & Federal Employment Law Updates / By

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 …

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California Employer LAWlert: SUPREME COURT RULES THAT SLEEPING IS HOURS WORKED

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

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 …

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California Employer LAWlert: New Law Requires Anti-Bullying Training in the Workplace

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

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 …

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MISCLASSIFICATION OF EXEMPT EMPLOYEES CAN RESULT IN SIGNIFICANT FINANCIAL CONSEQUENCES FOR EMPLOYERS

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

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 …

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SAFETY VIOLATIONS CAN COST EMPLOYEES THEIR LIVES AND THE EMPLOYER HUNDREDS OF THOUSANDS OF DOLLARS

Employment Law & HR Topics / By

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 …

SAFETY VIOLATIONS CAN COST EMPLOYEES THEIR LIVES AND THE EMPLOYER HUNDREDS OF THOUSANDS OF DOLLARS Read More »

OSHA Announces New Reporting Requirements

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

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 …

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FEDERAL CONTRACTORS AND SUBCONTRACTORS BEWARE: the DOL could be a-knocking

Employment Law & HR Topics / By

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 …

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Transportation (Commuting) Benefits Breakdown

Employee Benefits, Employment Law & HR Topics / By

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 …

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Four Things to Expect During an EEOC On-Site Visit

Discrimination & Harassment, Employment Law & HR Topics / By

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 …

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California Employer LAWlert: CA Mandates Paid Sick Leave

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

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 …

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Written Job Descriptions- a Defense against Liability

Employment Law & HR Topics / By

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 …

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Cheating Doesn’t Pay- employer created multiple personalities for employees to avoid paying wages

Employment Law & HR Topics, Wage & Hour / By

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. …

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New Illinois Law Prohibits Criminal History Inquiries on Job Applications

Employment Law & HR Topics, Hiring, Illinois / By

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 …

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NLRB SAYS McDonald’s “JOINT EMPLOYER”: why expert legal and HR advice is vital

Employment Law & HR Topics / By

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 …

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Technology Advances Require Another Look at Telecommuting as Reasonable Accomodation

Employment Law & HR Topics / By

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 …

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

Employee Management, Employment Law & HR Topics / By

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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Can an Employer Require “Job Readiness” in a Return-to-Work Certification?

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

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 …

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STRATEGIES FOR EMPLOYERS DEALING WITH ADA (FMLA) MATTERS

Employment Law & HR Topics, Leaves of Absence / By

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 …

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ARBITRATION AGREEMENTS – they can save everyone a lot of money

Employment Law & HR Topics / By

Here’s the typical scenario, several ex-employees hire an attorney and threaten a class action lawsuit for employment law violations that if proven probably won’t result in a jury awarding more than $20,000.  Employer’s attorney contacts the employees’ lawyer in order to attempt a settlement. The employer’s attorney reports that the other side is not interested …

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