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CalChamber-Opposed Employment Law Bills Await Action by Governor

HRWatchdog

Quite a few employment-related bills have passed the Legislature. Five bills that could significantly affect California employers are on the Governor’s desk awaiting review and action. In addition, the bill carries the threat of litigation for employers.

Beyond the Wall—Immigration, Employers, and the Trump Administration (Part 2)

HR Daily Advisor

How might employers be impacted by immigration-related policies and practices under the Trump administration? In part 1 of this article , I looked at areas such as Immigration and Customs Enforcement (ICE) enforcement, mandatory E-Verify, and changes to employment-based/H1-B visas.

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These EEOC wellness rules kick in Jan. 1: Are your plans ready?

HR Morning

1, 2017 may still seem pretty far off, but now’s the time to make sure you’ll be in compliance with the EEOC’s new wellness rules that kick in on New Year’s Day. Health and wellness plans tend to go hand in hand. wellness programs).

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. There are other resources as well.

ADA: How to spot — and safely deny — unreasonable accommodation requests

HR Morning

From 2006 to 2016, EEOC charges against employers for ADA violations increased nearly 75%. Employing this strategy from the get-go, can save employers a lot of time and headaches and come to an accommodation decision by just answering a few questions.

Latest NLRB Action Seen as Demise of ‘Quickie’ Union Election Rule

HR Daily Advisor

David Fortney , an editor of Federal Employment Law Insider and a cofounder of Fortney & Scott, LLC , in Washington, D.C., Tammy Binford writes and edits news alerts and newsletter articles on labor and employment law topics for BLR web and print publications.

Compliance Issues That Will Dog #HR in 2017

PerformanceICreate

I think formally this was titled an Employment Law Update. I do all of this in an attempt to keep myself educated and informed on what is going on in our area, and to keep my employer out of harm’s way. 2017 Changes to the EEO-1 Documents and Salary reporting.

High Profile or Not, Sexual Harassment Claims Require Employer Action

HR Daily Advisor

Even though antiharassment efforts are a priority in human resources circles, recent revelations about the actions of some high-profile executives are likely to cause employers to ask the question, “Are we doing enough?”. Berg calls the Weinstein scandal a wakeup call to employers.

Bill Proposes Benefits for Gig Workers

HR Daily Advisor

A bill introduced in both houses of Congress would create a pilot program to provide employment benefits to gig workers. The nature of work is changing rapidly, but our policies largely remain tied to a 20th century model of traditional full-time employment,” Warner added.

With ‘No-Brainer’ Appointment, Lipnic Will Head EEOC

HR Daily Advisor

Equal Employment Opportunity Commission (EEOC), the agency announced on January 25. Lipnic’s appointment was “a no-brainer,” says Jonathan Mook , a founding partner at DiMuro Ginsberg, PC , and an editor of the Virginia Employment Law Letter. “It

Employee or Independent Contractor? Right to Control Is Key

HR Daily Advisor

A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. However, he had no documentation reflecting the purpose and the nature of his deductions from Chris’ pay. Lessons for Employers.

SHRM Session: 5 Easy Business Practices For Getting Sued

HR Daily Advisor

The HR Daily Advisor was recently at the SHRM’s 2017 Annual Conference & Exposition in New Orleans. Uppal and Balch say that there are plenty of easy ways for employers to get sued. Misidentifying the employer. Getting sued is easy.

Religious Discrimination Hazards on the Rise

HR Daily Advisor

Religious discrimination hasn’t been a major concern for employers in recent years. There’s little case law on the subject and religious-based complaints rank low in the government’s charge statistics. Equal Employment Opportunity Commission’s charge receipts.

EEOC outlines 4 new approaches to fight workplace harassment

HR Morning

So both groups think the responsibility falls on the employer. It was comprised of representatives from academia and the social sciences, legal practices, employer and employee advocacy groups, and unions. Well-trained investigators, who document all the steps they take.

When Is an Employment Action Significant Enough to be Adverse?

HR Daily Advisor

A recent 3rd Circuit Court—which covers Delaware, New Jersey, and Pennsylvania—decision raises questions about when an employment action is significant enough to constitute an adverse action within the scope of state and federal discrimination laws.

Blowing A Whistle but Making No Sound: Nurse Didn’t Report Illegal Acts

HR Daily Advisor

Sometimes an employee who is released from service for good cause complains that the real reason for the employer’s decision is retaliation for her attempt to protect the public. “Look at all the terrible misconduct the employer was trying to cover up!”

Have It Your Way: 8th Circuit Court Sides with Labor Organizer

HR Daily Advisor

Penny rehired most of the Strategic employees, but not “Leonard,” a well-known labor organizer who had been working at various Burger King stores for over 11 years and at the 47th Street store since early 2012. and an editor of the Arkansas Employment Law Letter. The U.S.

University of Tennessee in Legal Hot Water Over Botched Hiring of Greg Schiano

HR Daily Advisor

While initial reports stated that Currie signed the document, reports have since surfaced that UT Chancellor Beverly Davenport did not sign the MOU , leaving some question about its enforceability. Currie’s Employment Status. Employment Law Butch Jones hiring MOU termination

FMLA lawsuit: 7 stupid words that could cost this employer big

HR Morning

Wells Fargo had mountains of well-documented evidence to back up its decision to fire a poorly performing employee, but a simple phrase by a clueless manager could wind up making all that evidence moot. Wells Fargo then attempted to get the suit dismissed.

3d Cir: Even where old folks are treated fairly, OLDER folks can bring age-bias claims

The Employer Handbook

The RIF of relevance to this case occurred on March 31, 2009, and terminated the employment of approximately one hundred salaried employees in over forty locations or divisions. The latter group brought a disparate-impact claim under the Age Discrimination in Employment Act against PGW.

Beyond the Wall—Immigration, Employers, and the Trump Administration (Part 1)

HR Daily Advisor

When we consider which of the Trump administration’s policies will have the biggest effect on businesses and employers in the U.S., Currently use of the federal Employment Eligibility Verification (E-Verify) system is only required for certain federal contractors and in a patchwork of states.

FMLA ruling: Is this loose standard terrible news for your compliance efforts?

HR Morning

Thanks to a recent court ruling, it may now be even more difficult for employers to take any adverse action against an employee who is on — or has previously taken — FMLA leave. The lawsuit focused on Cassandra Woods, a staffer whose performance struggles were well-documented.

EEOC issues sample of wellness notice you must provide, answers questions

HR Morning

If you’ve got a wellness program that asks questions about employees’ health, you need to see this. . The EEOC just released a sample of the wellness notice employers must provide wellness plan participants who are asked questions about their health or medical status.

‘Put on your big boy pants’: Takeaways from man’s retaliation suit

HR Morning

” But that’s just what one male nurse is claiming happened in a retaliation and hostile work environment lawsuit he filed against his former employer. Discrimination & Harassment Employment Law Special Report hostile work environment lawsuit retaliation

EEOC Issues Sample Notice for Employers Offering Wellness Programs

HRWatchdog

Employers must ensure their employees receive a notice for employer-sponsored wellness programs. The rules apply prospectively to workplace wellness programs beginning on or after January 1, 2017. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content.

4 HR Predictions About The Future of Work - DecisionWise

DecisionWise

Since the title of the conference was “Focus on the Future,” I thought I would share some of the insights I gleaned as well as propose a few of my own less-insightful predictions. Employment Law Is Getting More Complicated.

4 HR Predictions from the Marriott School OBHR Conference - DecisionWise

DecisionWise

Since the title of the conference was “Focus on the Future,” I thought I would share some of the insights I gleaned as well as propose a few of my own less-insightful predictions. Employment Law Is Getting More Complicated.

EEOC sees retaliation workload rise: How to stay off its radar

HR Morning

The increase in sexual harassment charges filed with the Equal Employment Opportunity Commission have made headlines this fall, but that’s not the only eye-opening statistic coming out of the agency. clear and complete documentation of any and all performance issues.

A Few Thoughts About Good HR

Something Different

Looking back, doing the staffing and talent management piece of the project well is the reason our product prototype was a success as much as anything we did from an R&D standpoint. <Consultancy.uk> …So it has been about 6 months since I last wrote in this space.

EEOC Issues New Rules on Employer Wellness Programs

HRWatchdog

Today, the federal Equal Employment Opportunity Commission (EEOC) issued final rules on how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to employer wellness programs that are part of a group health plan.

Plan Sponsors Must Now Analyze 401(k) Plan Administration (Part 1)

HR Daily Advisor

When the Tax Cuts and Jobs Act (TCJA) was signed into law December 22, 2017, several proposed changes to the federal tax code that would have affected tax-qualified retirement plans were dropped. Benefits Employment Law law tax withholding TCJA termination of employment

Review of the Trump Administration’s First Year: Immigration, Wage and Hour Enforcement

HR Daily Advisor

The past year has included many expected moves by the Trump administration, such as the reversal of some of the National Labor Relations Board’s (NLRB) controversial decisions under the Obama administration, as well as several unexpected developments among several agencies. employers.

National Origin, Discrimination, and Employers—Oh, My!

HR Daily Advisor

Immigration and Customs Enforcement (ICE) agents or other law enforcement officials show up at your place of employment to arrest a noncitizen worker? Are your I-9 practices consistent with federal law? Who Is Protected Under Federal and State Law?

Tax Reform Raises Questions on Employee Classification

HR Daily Advisor

tax code, employers are on a tight timetable to get things organized since a bulk of it took effect on January 1, 2018. Besides requiring employers to deal with new payroll forms (including the IRS’s W-4) and other changes, the new law sparks many other questions for employers.

6 common manager mistakes that can get your company sued

HR Morning

What do employment attorneys see as the common thread that lands well-meaning employers in court time and time again? Sloppy documentation. Managers’ documentation should never, ever seem subjective. Being unaware of the law.