Remove 2017 Remove Document Remove Employment Law Remove Wellness

CalChamber-Opposed Employment Law Bills Await Action by Governor


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.

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).

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

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.

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.

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.

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.

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


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.

‘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 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.

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.

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.

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.

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.

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.

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

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.

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.

4 HR Predictions About The Future of Work - 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


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.

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?

EEOC Issues Sample Notice for Employers Offering Wellness Programs


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.

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.

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. <> …So it has been about 6 months since I last wrote in this space.

New EEOC pay reporting rule issued: 3 things you need to know

HR Morning

It’s official: Employers will have more reporting duties moving forward. As expected, the agency just released its final rule updating the EEO-1 reporting requirements employers have to abide by. The EEOC issued a new sample EEO-1 form to help employers prepare for the new rule.

Report 109

EEOC Issues New Rules on Employer Wellness Programs


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

Get a Letter 227? IRS’ new online tool to navigate the wave of ACA penalties

HR Morning

Now that employers have been notified of their potential ACA shared-responsibility penalties by the IRS, the agency is offering guidance on how they should respond. The IRS also reminds employers that the Letter 227 is not a bill. Employment Law Healthcare Reform Special Report

Tools 60

5 Ways Interview Scorecards Help Identify Talent

HR Partner

Well, it all starts with keeping accurate records of your processes. After all, how can something great be repeated if there are no documented processes in place? Scorecards can help prove that you’re complying with employment law.

Taming the Workplace Bully: 10 Signs Your Employees are Being Bullied

HR Daily Advisor

There are effective strategies employers can use to investigate complaints of workplace bullying, according to Karen Michael, Esq. of KarenMichael PLC, a presenter at SHRM’s 2017 Annual Conference & Exposition in New Orleans. Strategic HR employer employment investigation SHRM

Compliance: Converting International Contractors to Employees

HR Daily Advisor

For example, in France the determining element of whether an employment relationship exists is not the terms of the contract, but instead the subordination relationship between the principal and the worker. It is the company’s obligation to ensure employment taxes are withheld and reported.

5 Strategies to Reduce the Risk of Workplace Violence Resulting from Termination

HR Daily Advisor

Usually after a termination, the first thing an angry former employee does is call an employment lawyer. Here are five practical steps that employees can take in the termination process to reduce the risk of employment lawsuits and workplace violence. Is the counseling documented?

CalChamber Status Update on Major Employment-Related Legislation


The following list summarizes top priority employment-related bills for the California Chamber of Commerce and their status as of July 21, when the Legislature began its summer recess. Bills signed by the Governor will become law on January 1, 2018. Employer Liability.

6 top tips for preventing ageism in the workplace


The Age Discrimination in Employment Act (ADEA) protects individuals 40 and over from discrimination in any decision made during the full cycle of employment – including everything from hiring, termination, pay, job duties and beyond. This can be problematic when it becomes clear that individuals aren’t being hired based on their qualifications for a particular job, but rather how well they’d fit in socially with your team.

Disciplining employees: How to avoid mistakes that get you into trouble


Here is another example of a handbook that leaves flexibility in how inappropriate behavior might be handled: … Although it is not possible to list all forms of inappropriate behavior and conduct, the following are examples that are considered inappropriate and may result in disciplinary action up to and including termination of employment (followed by examples of conduct that is considered “inappropriate”): …. Document details of all disciplinary conversations.

Feeling Overwhelmed In #HR?


The phrase “document, document, document” was meant just for us! Most importantly, make friends with an employment law attorney! Back then that was called “happy hour” or taking a well-deserved vacation.

ISM Number Two: SexISM Replayed

OmegaHR Solutions

However, the 20th century saw a number of laws passed that moved to lessen or eliminate the discrimination. One of the early laws to do so was establishing that women had the right to vote. This law was passed to address the issue of women making only $0.58