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Can Employees Refuse a Pay Increase – Ask #HR Bartender

HR Bartender

Well, this reader note shows me that’s not always the case. He said that I need to speak with HR, who said they can’t take the pay increase back because it’s a law in Massachusetts and would look like the company is discriminating against me. Is there any way I can have the company take back the increase OR is there a law in MA that states that once raises are given they can’t be taken back? There are other resources as well.

Coordinating FMLA with Discrimination Laws

HR Daily Advisor

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves and policies, including those for short- or long-term disabilities.


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Coordinating FMLA with State and Federal Laws

HR Daily Advisor

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves and policies, including those for short- or long-term disabilities. Many state FMLA laws follow the federal FMLA almost verbatim.

Case for Consistency: Treatment of Manager Prevents Dismissal of Age Bias Claim

HR Daily Advisor

A New Jersey federal court recently declined to dismiss an age discrimination lawsuit because an employer’s failure to discipline employees in a consistent manner could be construed as evidence of discrimination. Bruce” began his employment with General Nutrition Corporation (GNC) as a sales associate in 1999. GNC terminated Bruce’s employment approximately 1 month later for his failure to improve the performance of his store.

Facebook photos showed FMLA abuse, so why won’t court dismiss case?

HR Morning

During that month, Jones took two trips to Busch Gardens, as well as the trip to St. When Jones’ returned from his additional leave — with a completed fitness for duty certification his supervisor asked for when Jones initially asked to be placed on light-duty — his supervisor showed him the incriminating photos, said the company believed Jones had been well enough to work while he was on leave and suspended him. As The Employer Handbook’s Eric B.

Arbitration: Exotic Dance Club Makes One Sidestep Too Many

HR Daily Advisor

It’s important for employers to know how to enforce a valid arbitration agreement and how to avoid losing your ability to enforce such an agreement. A recent case is a cautionary tale of an employer unintentionally waiving its right to compel arbitration against putative class members because of some perceived missteps in litigation strategy. Schwalbach of Carothers DiSante & Freudenberger LLP in Los Angeles, is a contributor to the California Employment Law Letter.

How Resume & Employment Verification Protects Employers


Resume fraud is a global problem that affects employers, the gig economy, and volunteer agencies whether they are screening in the U.S., has brought resume verification into the spotlight and many employers are wondering if they have done enough to protect themselves from liability in similar situations. Among the minority of employers who do check college credentials, most only check a student’s attendance or graduation dates.

FMLA: Is Postoperative Care Considered a Serious Health Condition?

HR Daily Advisor

As employers are well aware, the Family and Medical Leave Act (FMLA) allows eligible employees to take leave for qualifying serious health conditions. 2nd Circuit Court of Appeals—which covers Connecticut, New York, and Vermont—highlighted the need for employers to be more inquisitive—and perhaps more expansive—when determining whether a condition is a “serious health condition.” 15-3231, 2017 WL 2818134 (2nd Cir., June 30, 2017).

Ask the Expert: Can We Require Return to Work Waiver for Employee on FMLA with Brain Tumor?

HR Daily Advisor

Employers with light duty programs may offer alternate, available light duty positions to employees who wish to return to work. An employee may return part time as well. According to the EEOC, an employer may be required—as a reasonable accommodation under the ADA—to reassign marginal functions of a job, but it is not required to reassign essential functions. Employees receive compensation without having to prove that the employer was at fault for the injury.

Misclassification Alone Is Insufficient for Class Treatment

HR Daily Advisor

Wage and hour class actions continue to be large thorns in the sides of many employers, and this recent decision serves as a good reminder of how critical it is for you to review your overtime policies, job descriptions, and exemption classifications. Trial Court Denied Motion for Class Certification. In each of its nine offices throughout California, Tristar generally employs a branch manager, claims supervisors, administrative staff, and three levels of claims examiners.

EEOC charge trends contain good news & bad

Business Management Daily

Good news and some bad news for employers lurks within the EEOC charge statistics for Fiscal Year 2019. But that downward blip comes against the backdrop of a huge 13% increase in sexual harassment complaints since 2017, when the #MeToo movement caught fire. There were 39,110 employee complaints that alleged the employer retaliated against an employee for reporting or complaining about some form of discrimination. Supreme Court’s pro-business rulings helped employers.

Blunders, Puffery and Lies: Employers Report Cringe-Worthy Resumes


“If crafted well, your resume is one of the most valuable marketing tools you have,” said Rosemary Haefner, chief human resources officer at CareerBuilder, in a press release. An applicant who stated that he tried and failed a certification exam three times, but was planning to try again. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content. HR managers frequently discover lies on resumes.

Looking Ahead: Future-Proofing HR


HR is involved in employee recruitment and hiring, training and professional development, performance reviews and assessments, workplace wellness, and employee engagement, as well as in the defining and disseminating of the corporate culture. They are also able to keep abreast of changing employment laws on a timelier basis through HR websites, e-newsletters, and videoconferences.

Feeling Overwhelmed In #HR?


Most importantly, make friends with an employment law attorney! Back then that was called “happy hour” or taking a well-deserved vacation. Janelle has a Bachelor’s Degree in Human Resources Management from the University of Central Florida, College of Business and holds the PHR & SHRM-CP certifications. Editorial Note: Keeping with tradition, we are bring you new talent first, all the time.

How Much FMLA Leave Is Too Much?

HR Daily Advisor

Bar none, the Family and Medical Leave Act (FMLA) is the hardest employment law to administer for employers and the easiest to abuse by employees. That double whammy often results in frustrated employers making rash decisions, which, of course, lead to lawsuits. And so goes the following case, in which the employer gave the employee more than the required amount of FMLA leave and then terminated him for taking several vacations during his time off. 2017).

The Top HR Conferences in 2017-2018 You Can’t Afford to Miss

Compensation Today

We’ve put together a list of all the best HR conferences for 2017 and 2018 that will reward you with the most bang for your buck. Who Should Attend: Recruiters and talent acquisition professionals who are interested in learning about the latest recruiting strategies , data-driven recruiting, strategic sourcing and employer branding. HR West 2017. This event attracts hundreds of HR and Employment and Labor professionals from a wide range of sectors.

10 Tips for Hiring Minors This Summer

HR Daily Advisor

It’s that time again, when employers are considering hiring minors for the summer—in camps, restaurants, resorts, swimming pools, and anywhere else business picks up in the warm weather months. There are strict laws pertaining to hiring minors. States also have child labor laws and when state and federal laws differ, the stricter law applies. Child Labor Laws Are Strict and Detailed. Prince received her law degree from Vermont Law School.

Does the ADA Protect a Nondisabled Employee Who Requests an Accommodation?

HR Daily Advisor

The Americans with Disabilities Act (ADA) forbids discrimination in employment based on disability and requires employers to provide reasonable accommodations to their employees’ disabilities. Although you may not be required to offer an accommodation to an employee who isn’t disabled as defined by the Act, you must be careful when taking adverse employment actions after an employee has requested an accommodation, even though he isn’t disabled.

Want a Return-to-Work Release? Consistent Policies Are Key

HR Daily Advisor

Employers are permitted to require an employee returning from medical leave to submit a fitness-for-duty certification but only under certain circumstances, as a recent case illustrates. Moreover, the employer must have a uniformly applied policy requiring such certifications. While these FMLA requirements are well-settled, they became a sticking point in a recent case when an employee became eligible for FMLA protection while he was already out on medical leave.

Are Unpaid Disciplinary Suspensions FMLA Interference and Retaliation?

HR Daily Advisor

Specifically, the employee claimed that unpaid disciplinary suspensions imposed by his employer constituted interference and retaliation under the FMLA as well as disability discrimination under the ADA. Sedgwick instructed him to obtain a medical certification by November 28, and he complied. It also noted that while an employee has a right to take leave under the FMLA, he must give his employer notice of his intention to take leave in order to be entitled to it.

5 Ways to Handle Compensation Like a Top-Performing Company

HR Daily Advisor

Top employers have strategies in place and keep up with market data, among other things, experts said during a recent Payscale webinar, How to Do Comp Like Top-Performing Companies. Employers should do their best to work their culture priorities into their compensation strategy, according to Payscale presenters Camie Bailey, a senior customer education and training specialist, and Mykkah Herner, a “modern compensation evangelist.”. Certifications?

Is Needle-Phobic Pharmacist Eligible for a Reasonable Accommodation?

HR Daily Advisor

The company revised its written job description for pharmacists to require them to hold a valid immunization certificate and to include immunizations among their essential duties and responsibilities. Rite Aid then terminated his employment, informing him that he was being terminated for refusing to perform immunizations, an essential function of his job. Tobias sued Rite Aid under the ADA and a similar New York state law.

States Expand Pregnancy Accommodation Requirements: Nevada and Washington

HR Daily Advisor

This year at least five states (Connecticut, Massachusetts, Nevada, Vermont, and Washington,) have considered new pregnancy accommodation laws, and several of these are now on the books. Federal Law Overview and Why These State Laws Matter. Before we dig into the specifics of these new state laws, let’s briefly go over the existing federal requirements in order to better understand why the state laws are coming about. Well, maybe …. Covered employers.

ADA and FMLA Best Practices Pay Off for Cash-Handling Company

HR Daily Advisor

5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. As a result, it upheld the jury’s verdict on her FMLA claim as well. 18, 2017).

5th Circuit Assures Employer That Some Good Deeds Do Go Unpunished

HR Daily Advisor

Court of Appeals for the 5th Circuit—which covers Louisiana, Mississippi, and Texas—recently rejected an employee’s claim of disability-based harassment under the Americans with Disabilities Act (ADA), finding her employer’s good-faith efforts to engage in the interactive process to identify a reasonable accommodation didn’t create a hostile work environment. The harassment affected a term, condition, or privilege of her employment. June 23, 2017).

Rise of the Chief People Officer

NextWave Hire

Steven Rotman : I think the transition from marketing to CPO would be a stretch – mostly b/c you still have to understand all of the HR “stuff” – comp, benefits, employment law – those are the basics. Katie : Did you find that an HR certification was helpful? Steven Rotman : And employees are savvy – it isn’t about free pizza and beer – it is about challenging environments and transparency being treated well.


Job Descriptions: Blueprint for Success

Hospital Recruiting

But a well-crafted job description actually makes a wealth of managerial and HR tasks faster and easier to execute. A good job description can guide a company through every step of the employment process, and for staff, it is a tangible listing of what is expected of them in order to succeed. Crafting a good job description takes a bit of effort, but it is well worth the trouble in every aspect of employment. Qualifications: Degrees, certifications, etc.

ERISA Class Actions Settlements Cost Employers Nearly $1 Billion in 2017

HR Daily Advisor

Class action settlements and court decisions related to 401(k) retirement plans in 2017 significantly affected the direction of ERISA litigation, according to the newest edition of an annual law firm report on workplace class action lawsuits. The cases decided in 2017 foreshadow the direction of class action litigation this year, according to Seyfarth’s report. Among workplace class actions, ERISA cases settled in 2017 were the most costly for employers in total.

Ivanka Trump, Senators Advance Ideas on Paid Family Leave

HR Daily Advisor

As the idea to make paid family leave mandatory continues to gain attention, employers may be wondering what various paid leave proposals might mean for their businesses. No matter what form a paid family leave bill may take, the issue is gaining momentum, and employers need to be ready, according to one attorney watching the issue. “In Of the proposals currently on the drawing board, Cave says the Strong Families Act seems the most employer-friendly.

Employer’s Past Practices Can Actually Expand Liability for Failure to Accommodate

HR Daily Advisor

The case also illustrates how an employer’s past practices can affect the scope of its duties to disabled employees under the California Fair Employment and Housing Act (FEHA). Those duties are well-defined by a variety of LAPD standards and certification requirements, and include the ability to go over a 6-foot fence within a specified time, sprint 500 yards, navigate an obstacle course, and drag a 150-pound dummy a certain distance. by Matthew A.

Ontario’s Bill 47 puts the minimum wage increase on hold until 2020


A quick review of what the new bill brings to the Employment Standards Act and how the old is new again. Ontario’s labour laws have undergone tectonic changes in the past year. In 2017, Bill 148 was introduced by the then-government to address workplace issues like minimum wage, equal pay, employee misclassification and vacation time. Also known as the Fair Workplaces, Better Jobs Act , it was passed on November 22, 2017.

HR Tech Weekly: Episode #246: Stacey Harris and John Sumser

HR Examiner

This week: Stacey and John discuss Microsoft Dynamics 365 Human Resources, Modern Hire AI Code of Ethics, SVNDLY Contingent Workforce Management funding, California Labor Law Crushing Freelancers, Facebook Payroll Data Theft, and IBM Watson Exec Claims They’re the only Big Player in their Segment. California’s new employment law is starting to crush freelancers Link » and Here is What’s Missing from the Debate Link ». I’m doing well John.

Want to Fill More Open Jobs? Workers with Criminal Records Say ‘Ban the Box’


She earned her certificate of completion, updated her resume and started applying to dentist’s offices around town. Well,” Johnson said. The idea was that it would pique employers’ curiosity, and it would give people like Johnson a chance to talk about their backgrounds in person. Online applications meant less time driving around town, inquiring about open positions and carefully penciling in employment history and references in clear handwriting.

What’s New and Critical for in I-9 and E-Verification Compliance


Over the past two years, federal laws and policies related to citizenship and immigration enforcement have had several changes. HR and legal teams have had to struggle to keep up to date on changes specifically related to I-9 and E-Verify on the federal level, but also applicable changes in state laws. In mid-2017, US Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. 17, 2017.

Critical Updates for I-9 and E-Verification Compliance


Over the past two years, federal laws and policies related to citizenship and immigration enforcement have had several changes. HR and legal teams have had to struggle to keep up to date on changes specifically related to I-9 and E-Verify on the federal level, but also applicable changes in state laws. In mid-2017, US Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. 17, 2017.

Trump’s New Tax Law Contains Important Implications for Employers

HR Daily Advisor

On December 22, 2017, President Donald Trump signed the highly touted Tax Cuts and Jobs Act (TCJA) into law. However, the new law also limits the tax deductions businesses can claim for certain employee benefits and may change the way employers settle legal claims in the future. Below is a summary of the provisions relevant to employers. FMLA leave can be paid or unpaid at the employer’s discretion.