From Marijuana To #MeToo—Top Employment Law Updates For 2019

PlanSource

This article is a recap of a recent webinar featuring Kate Bischoff from tHRive Law & Consulting. Employment law changes tend to come in waves, driven by public perceptions of what’s fair for workers. We’re only a quarter through 2019 and employment law is already changing at a rapid pace, with an increasingly widespread commitment to greater pay equity, access to paid leave, and protection from harassment and discrimination.

How the Latest Employment Law Changes Affect Your Company

Synergy

Each day, news outlets reveal yet another story about a new law that affects hiring, employee management, or HR in general. Let’s take a look at the latest employment law changes and how they might affect your company. New Tax Laws Alter Benefit Offerings. Tax law is complicated, and each organization must take stock of the changes to determine exactly how their individual business will be affected. Addressing the Latest Employment Law Changes.

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New California Employment Laws Expand Harassment Rules, Require Women On Boards

TLNT: The Business of HR

Seyfarth Synopsis: California Legislators sent Governor Jerry Brown 1,217 bills to consider in his final bill-signing period as Governor—more than any California governor has seen since 2004. Below is our full, final roundup of new laws that employers must comply with and the bills that fell to the Governor’s veto pen.

DOL Readies for Another Try on New Overtime Rule

HR Daily Advisor

Department of Labor (DOL) is on its way to issuing a new rule to determine what workers are eligible for overtime pay, and employers are expected to see a salary threshold higher than the one that’s been in place since 2004 but considerably lower than the one previously sought. That salary threshold has been in place since 2004. Plus, the DOL may have determined that a change to $32,000 or $33,000 is unlikely to face a legal challenge by employers. The U.S.

Will 9th Circuit Court Decision Influence Background Check Seven-Year Reporting Rule?

Cisive

It’s also been a rule that most HR leaders are familiar with in that it has been part of the hiring and screening process for most HR leaders and employers for nearly 20 years. Therefore, employers must ensure compliance with the detailed requirements of the FCRA, particularly around background screening and authorization. What The 9th Circuit Court Decision Means for Employers.

The future of FMLA points to paid leave

Business Management Daily

That original bill provided twelve weeks of unpaid leave to qualified employees of covered employers. Employers were covered if they employed 50 or more employees in a 75-mile radius. The law covered employees with one year on the job.

Overtime threshold rising to $35,568 on Jan. 1

Business Management Daily

The new threshold represents a 50% increase over the current threshold of $23,660, which was established in 2004. In addition to raising the overtime salary threshold, the final rule: Allows employers to use nondiscretionary bonuses and incentive payments (including commissions) paid at least annually to satisfy up to 10% of the standard salary threshold. Compliance guide for small employers: www.dol.gov/whd/overtime2019/overtime_complianceguide.pdf.

Global Business: Ask the Experts Webinar Series

Global Upside

Additionally, he assists companies in hiring foreign employees through Global Upside’s Professional Employer Organization (PEO) and provide tools and resources for them to stay in compliance in each new country they enter. So, in 2004 with a partner, he started a management consulting firm and began helping local Californian businesses grow and thrive. Global Business: Ask the Experts Webinar Series. April 8th, 2020 at 11:00 am PST.

Company’s Invalid Employment Contract Dooms Noncompete Claims

HR Daily Advisor

Employment Arrangement Doesn’t Compute. In February 2004, the U.S. The DOL contended the company violated federal law by failing to pay H-1B employees during training periods. Upon completing its investigation, the DOL determined on March 1, 2006, that SpaceAge’s employment relationship with its employees began when the training period commenced, and SpaceAge had willfully failed to pay H-1B employees during the training period.

The NLRB’s New Guidance Loosens Reigns on Handbooks

HR Daily Advisor

In our February 2018 issue, we informed you that the National Labor Relations Board (NLRB) was “loosening the reins on employer handbook rules” (see the lead article in that issue). This month, we can finally tell you exactly how much the reins have been loosened because the NLRB’s General Counsel has outlined the standards the Board will follow when assessing employers’ personnel policies. Category 1: Rules that Are Generally Lawful.

DOL Opinion Letters Rise from the Ashes

HR Daily Advisor

Opinion Letters written by federal Department of Labor (DOL) officials have served to explain a variety of legal principles and clarify fact-specific situations under the Fair Labor Standards Act (FLSA) since the FLSA became law in 1938. Employers had relied on Opinion Letters for decades, when in 2010 the DOL announced that it would discontinue the use of Opinion Letters as a form of guidance for employers. Opinion Letters provide valuable guidance to employers.

Price tag for training policy that led to sex discrimination in hiring: $3.1 million

HR Morning

million and will make job offers to women who were victims of the employer’s discriminatory hiring policy, the EEOC announced. The payments follow an earlier court order finding that the company violated federal law by discriminating against female truck driver applicants when it required that they be trained only by female trainers. According to the court’s prior order, the company denied employment opportunities to women through its same-sex trainer policy.

11 remarkable overtime rule tips from DOL insider

HR Morning

A former DOL administrator recently opened a lot of employers’ eyes with what she had to say about the new rule. . McCutchen was the main architect behind the 2004 changes to the FLSA’s overtime exemption rules. So she has a unique handle and perspective on how the new overtime rule will be enforced and how employers can go about complying with it. She’s now an employment law attorney with the firm Littler Mendelson, P.C.

Is Failure to Reveal Sealed Conviction Grounds for Termination?

HR Daily Advisor

When Phillip applied for the position in 1995, the application asked whether he had ever been convicted of or pleaded guilty to a felony under the Ohio Revised Code, any crime that is a first-degree misdemeanor on the first offense and a felony on subsequent offenses under the Ohio Revised Code, or a substantially similar conviction under another state’s or federal law. ” Phillip acknowledged receipt of the board’s policies in 1995 and 2004.

Pretextual Failure to Promote Produce Worker Is a Recipe for Disaster

HR Daily Advisor

The employer then presents a legitimate nondiscriminatory reason for its action, and he in turn tries to prove its stated reason is merely a pretext (false excuse) for discrimination. Each McDonnell-Douglas burden-shifting case is highly fact-specific, and—notwithstanding nearly 45 years of case law applying the standard—reasonable minds still disagree on how much evidence is required to support a finding of pretext. 6) Minority employment.

California Court: Some of Employee’s Claims Must Go to Arbitration

HR Daily Advisor

Employers often have applicants or newly hired employees sign arbitration agreements. However, the California Supreme Court has held that an employee’s representative action brought on behalf of himself and other current and former employees under the Private Attorneys General Act of 2004 (PAGA) is not subject to arbitration. May the employer enforce arbitration of the individual claims for unpaid wages, even though PAGA claims aren’t subject to arbitration?

Arbitrary maximum leave policy, disability discrimination costs retailer $8.6 million

HR Morning

Think the feds aren’t serious about enforcing laws against disability discrimination? Equal Employment Opportunity Commission (EEOC) announced the consent decree, which was approved by U.S. 1, 2004, and May 13, 2010, after having taken the maximum amount of leave then available under Lowe’s leave-of-absence policies, can go to www.loweseeocsettlement.com or email lowes.settlement@eeoc.gov or call 1-855-725-4456 for more information on how to complete a claim form.

CalChamber to Host HR Boot Camps

HRWatchdog

Space is filling up fast for the one-day, topic-packed seminars focused on the employment life cycle, from hiring through termination, presented by the California Chamber of Commerce. CalChamber’s employment law experts (your personal HR trainers) explain and provide compliance information for these core fundamentals: Register Now! Named vice president of legal affairs in 2009, she is CalChamber’s subject matter expert on California and federal employment law.

‘Breathtakingly Radical’: DOL Nominee Questions Legality of Any Overtime Salary Threshold

HR Daily Advisor

The Fair Labor Standards Act (FLSA) requires that employers pay overtime to employees earning less than $455 per week (which amounts to $23,660 per year), regardless of whether they meet one of the law’s duties tests for exemption. Nothing in the law indicates that Congress intended for the DOL to set a minimum salary level, he wrote in his order enjoining the rule. The current, lower threshold was adopted in 2004 under President George W.

Feds ask for another delay on overtime rule: Will regs ever have their day in court?

HR Morning

He said it was unfortunate the threshold hadn’t been updated since 2004 and promised those at the hearing he was: “very sensitive to the fact that it hasn’t been updated since 2004. Bush in 2004 and the increase finalized by President Obama in 2016. Employment Law In this week's e-newsletter Pay and Benefits dol overtime rule extension injunction

CalChamber to Host Seminar on Leaves of Absence

HRWatchdog

California employers will find clarity and guidance about the state’s complex leaves of absence policies at the August 18 seminar hosted by the California Chamber of Commerce. Then California has unique and rather complicated leave laws, such as paid sick leave. With all of the law’s intricacies, employers are clearly confused — and with good reason. McGeorge School of Law. Erika Pickles, employment law counsel and HR adviser. Register now!

That time when Supreme Court nominee Amy Coney Barrett upheld a plaintiff’s $300K discrimination win

The Employer Handbook

Welcome back to “ Amy Coney Barrett Week” at The Employer Handbook. In that case, the employer prevailed because the employee never told his employer that its proposed accommodation would violate his work restrictions. Employer takeaways.

DOL Seeking Feedback on Long-Debated Overtime Rule

HR Daily Advisor

Employers will get the opportunity to offer feedback on changes to the regulation governing which workers are eligible for overtime pay after the U.S. The 2016 rule immediately triggered opposition from employers, which maintained that the salary test change was too drastic. Wiletsky , a contributor to Colorado Employment Law Letter and attorney in the Boulder, Colorado, office of Holland & Hart LLP. The current $455-per-week level has been in effect since 2004.

Tammy’s Top 10 Q&A’s (Overtime at the White House Feb 5)

ComplianceHR

I was asked for pro-rating in 2004 and commenters asked again in 2016. I follow two daily employment law publications: Law360 and Bloomberg Law. In my opinion, DOL does not have authority for indexing (automatic increases to salary level without further notice and comment rulemaking), as I so stated in the preamble to the 2004 Final Rule. Every employer should audit its classifications on a regular basis, every few years.

Ep 63 – Your Fair Labor Standards Act Questions Answered

Workology

Two weeks ago we hosted a webinar discussing the proposed changes with regard to the Fair Labor Standards Act and how it will be impacting employers in 2016. He also is a regular contributor over on Blogging4Jobs and happens to be one of my favorite employment law attorneys. Casey walks us through the basic proposed changes with regard to the Fair Labor Standards Act, who is likely impacted and when we should expect these changes are going to be required of employers.

Proposed Federal Overtime Rules on the Move

HRWatchdog

By contrast, the agency only received 75,280 comments the last time changes were made to the overtime rule in 2004. How would this increase affect California employers? For example, if the proposed rules go into effect in 2016: Employees making less than $50,440 would be nonexempt under federal law and entitled to overtime under the FLSA rules; Employees making less than $41,600 could also be nonexempt under California law; and.

Tammy’s Top 10 Q&A’s (Overtime at the White House Feb 5)

ComplianceHR

I was asked for pro-rating in 2004 and commenters asked again in 2016. I follow two daily employment law publications: Law360 and Bloomberg Law. In my opinion, DOL does not have authority for indexing (automatic increases to salary level without further notice and comment rulemaking), as I so stated in the preamble to the 2004 Final Rule. Every employer should audit its classifications on a regular basis, every few years.

DOL Issues First Opinion Letters in 9 Years, Provides Clarity on FMLA and FLSA Matters

HR Daily Advisor

Opinion Letters provide valuable guidance to employers, as they deal with real-life, day-to-day issues that employers face in the workplace, not simply legal principles that may be difficult to apply to real world situations. These breaks amounted to a total of 2 hours’ lost work over the course of the day, so the employer essentially asked which principle prevails—the FLSA’s requirement that short breaks be compensable or the FMLA’s provision of leave on an unpaid basis?

How FLSA Public Employer and Employee Coverage Differs from Private

HR Daily Advisor

The Fair Labor Standards Act (FLSA) defines an employer to include “any person acting directly or indirectly in the interest of an employer in relation to an employee,” including a public agency. Unlike most other federal employment laws, employers do not need to employ a threshold number of employees to be covered. Instead, specific criteria are applied that are different for public and private employers. Private Employers.

Public Employees Who Volunteer: Do You Know the Rules Under the FLSA?

HR Daily Advisor

Not everyone who performs services for an employer is an employee. For example, many employers use the services of independent contractors, students, trainees, and volunteers. The FLSA provides simply that an employee is “any individual employed by an employer.” The FLSA also defines the term “to employ” as including when an employer “suffers or permits a person to work.”. is a Legal Editor for BLR’s human resources and employment law publications.

Walmart to Pay $7.5 Million to Settle Same-Sex Benefits Discrimination Suit

HR Daily Advisor

She was employed by Walmart continuously through early 2016 and relocated to Massachusetts during her tenure. In 2004, the same year same-sex marriage was legalized in Massachusetts, Irene married her wife, “Nicole,” also a Walmart associate. Employer Implications. Although the settlement has not yet been approved, it serves as an important reminder of the changing legal tide surrounding the employment rights of gay and lesbian employees. by Stefanie M. Renaud.

Recordkeeping for the Newly Nonexempt Effective December 1, 2016

HR Daily Advisor

Every employer covered by the Fair Labor Standards Act (FLSA) must keep certain records for each covered, nonexempt worker. Employers will need to keep specific records for these newly nonexempt employees. The following is a listing of the basic records that an employer must maintain: Name and Social Security number. Such records include payroll records, work certificates, collective bargaining agreements, and individual employment contracts.

Paying Police and Firefighters: Serving the Public and Our Workplaces

HR Daily Advisor

Under the Occupational Safety and Health Act of 1970 (OSH Act), employers are responsible for providing safe and healthful workplaces for their employees. Among the controls listed in OSHA’s directive that employers may use to prevent workplace violence is establishing contacts within the local police. The maximum number of hours that law enforcement employees can work in the 28-day period without overtime is 171. Employee safety is of primary importance to employers.

Tips for Returning to Work After Cancer

Thrive Global

Deciding whether to tell your employer and/or co-workers is an intensely personal decision and requires weighing several factors. The law is one of the many tools you can use as you figure out how to best balance work after a cancer diagnosis. If you need to ask for a job modification, look into both federal and state fair employment laws. Also review your state’s fair employment law, as these may provide even more protections than the ADA.

Employers Can Owe Emotional Distress Damages in Wage Suits

HR Daily Advisor

Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—has joined at least two other circuits that have held that an employer may have to shell out extra damages when it retaliates against a complaining employee, causing difficulties such as “sleeplessness, anxiety, stress, marital problems, and humiliation.”. 2004); Travis v. The post Employers Can Owe Emotional Distress Damages in Wage Suits appeared first on HR Daily Advisor.

Overtime in Limbo—What Employers Should Do Now (Infographic)

HR Daily Advisor

Now that the Department of Labor’s (DOL) overtime rule changes have been put on hold, what should employers do? This means that until further action from the courts, Congress, or the new administration, the minimum salary threshold for the white-collar exemptions will remain where it has been since 2004, at $455 a week. is a Legal Editor for BLR’s human resources and employment law publications. Prince received her law degree from Vermont Law School.

State Minimum Wage Increases for 2017 (Map)

HR Daily Advisor

per hour, but the FLSA does not supersede any state or local laws that are more favorable to employees. Therefore, if a state has a minimum wage that is higher than the federal minimum, employers subject to the state minimum wage law are obligated to pay the higher rate to employees working in that state. for New York City (small employers). for New York City (large employers). is a Legal Editor for BLR’s human resources and employment law publications.