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Employment law changes to watch in 2021

Insperity

The new calendar year always rings in some employment law changes, and 2021 is no different. Here are some of the major changes we’re following. All these employment law changes are effective Jan. Federal employment law changes in 2021.

Are Your Employment Law Policies in Compliance?

HR Counselor's Corner

Employment and labor laws are constantly changing and evolving. Completing an HR Assessment can ensure legal compliance with federal and state employment laws, regulations and HR best practices. Performing the assessment will not only help you measure risk and legal compliance, but also identify areas in need of process improvements – all of which could threaten the continued success of your business. .

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The New HR Rules: Employment law updates for 2020

Business Management Daily

A comprehensive legal and HR compliance update is absolutely essential for keeping up with ever-changing laws and regulations. Here’s what you need to know about employment law changes to stay ahead of the curve. The push for so-called work-life balance isn’t going away. The economy continues to grow and the labor market remains tight. Having family-friendly policies can help let an employer stand out as a desirable place to work. The U.S.

New California Employment Laws Affect Businesses in 2018 and Beyond

HRWatchdog

Several new laws will affect California employers’ daily operations and policies in 2018 and beyond. The California Chamber of Commerce today released the list of new employment laws scheduled to take effect in 2018 and beyond that will affect California employers’ daily operations and policies. Some new laws made significant changes while others made small changes to existing law. Workplace safety and workers’ compensation.

Trends in State Employment Law

Affinity HR Group

Many state and local legislatures are taking action in several areas of employment law due to the confusion, sluggishness, and/or inaction on the federal level. Some laws passed are part of long-evolving trends such as restricting inquiries into criminal and pay history, while others are responses to new social movements such as #MeToo. The following is a list of the prevailing laws that are popular. May need to notify law enforcement.

Trends in State Employment Law

Affinity HR Group

Many state and local legislatures are taking action in several areas of employment law due to the confusion, sluggishness, and/or inaction on the federal level. Some laws passed are part of long-evolving trends such as restricting inquiries into criminal and pay history, while others are responses to new social movements such as #MeToo. The following is a list of the prevailing laws that are popular. May need to notify law enforcement.

CalChamber-Opposed Employment Law Bills Await Action by Governor

HRWatchdog

October 15 is the last day for the Governor to act. 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. Two of the bills are particularly damaging to businesses, and CalChamber has identified them as Job Killers. Work at a worksite where there is at least 20 employees within a 75 mile radius.

Holiday Parties and Harassment

HR Counselor's Corner

It’s that time of the year again when companies are throwing holiday parties to thank their employees and celebrate the season! But with holiday parties come the potential for a few legal pitfalls for employers. Ditch the open bar!

Hot Topics in Employment Law

Paycor

Wage & hour violations, family leave, discrimination, harassment – these topics continue to generate conversation throughout workplaces across the country. No matter the size of your business, at some point you will encounter one of these regulations. For that reason, it’s important for supervisors and managers to understand the basics of employment laws and regulations to maintain proper compliance. At-Will Employment.

New Jersey Employment Laws Business Owners Should Know

Homebase

It’s important to stay up to date on all of the employment laws in your state so that you can maintain compliance in your business. We did some of the hard work for you and put some of the most important New Jersey statutes in one place so you can either learn them for the first time or give yourself a refresher. . It’s up to you to make sure you’re compliant with all laws and statutes in your area. New Jersey Employer Handbook .

Equal Pay: #Metoo Is Not Just About Sexual Harassment

HR Daily Advisor

The #MeToo movement has focused on sexual harassment in the workplace, but employers should be cognizant of another major gender issue that has been the focus of regulatory agencies in recent years—equal pay. The Equal Pay Act (EPA) and Title VII of the Civil Rights Act of 1964 both prohibit discriminatory pay and pay disparities based on sex. Ultimately, whether sex motivated the pay disparity was a matter for a jury to decide.

LifeWorks

     

The most common employee documents used at trial

Business Management Daily

How do you protect your company in the event you go to trial? Maintaining HR documents is an essential step in protecting your company, and yourself, in the event you go to court for civil litigation, criminal charges, or other investigations. In the U.S., Training.

EEOC issues 2017 enforcement plan: 6 areas it’s targeting next

HR Morning

The EEOC just issued its second-ever Strategic Enforcement Plan. The plan will dictate where the agency will focus its compliance enforcement efforts from 2017 through 2021. In other words, if the agency investigates or sues an employer, chances are it’ll be in one of the primary enforcement areas outlined in its new Strategic Enforcement Plan. This has occurred for two reasons: the EEOC is filing a lot of charges in that area, and.

5 new California laws for 2018 that could affect all HR pros soon

HR Morning

With the new year came new rules for California employers. And even if you don’t do business in the Golden State, it’s a good idea to familiarize yourself with these new regulations, which could wind up affecting your state sooner rather than later. . Here are five new California laws that went into effect January 1st. If conviction history is used to deny an applicant, the employer must explain why they were disqualified.

Sexual Harassment: Lessons for Employers Following Recent Decisions

HR Daily Advisor

Verified accounts of sexual harassment in the entertainment industry and political arena have spiraled out of control. Unfortunately, most of the accusations do not involve one-time events that can be chalked up to mistakes in judgment. Instead, employers and others in control took a head-in-the-sand approach, hoping the harassing behavior would magically go away on its own. ‘Banter’ Not Enough for Harassment Claim.

China: Employers Urged to Review Policies Against Sexual Harassment

Global People Strategist

The anti-sexual harassment movement, commonly referred to on social media as the #MeToo movement, continues to gain momentum as it sweeps the world. More and more countries have become aware of this movement and are beginning to set in place rules and regulations for the workplace that will help protect employees from sexual harassment. The Jiangsu Province recently issued special regulations on the labor protection of female employees.

Remind bosses: Reckless behavior can bring personal liability

Business Management Daily

Federal laws permit employees to sue their discriminating, cheating, or negligent employers. A few laws also let employees go after a manager or supervisor’s personal assets. The U.S. The FLSA and FMLA both allow personal liability claims in some cases.

China: Employers Urged to Review Policies Against Sexual Harassment

Global People Strategist

The anti-sexual harassment movement, commonly referred to on social media as the #MeToo movement, continues to gain momentum as it sweeps the world. More and more countries have become aware of this movement and are beginning to set in place rules and regulations for the workplace that will help protect employees from sexual harassment. The Jiangsu Province recently issued special regulations on the labor protection of female employees.

Fired because she has a disabled daughter? That’ll cost firm $165k

HR Morning

There’s a little-known form of workplace bias that can cost employers big, as one company recently learned. The concept is this: Employers can’t take an adverse employment action against an individual because he or she may have to care for — or is closely linked to — a disabled individual. The EEOC claimed NMOA passed Valencia over because there was a strong possibility that she would have to take time off to care for her daughter.

Fired Learning Consultant with Performance Problems Points to Racial Bias

HR Daily Advisor

A recent case highlights the importance of making sure that supervisors and managers are properly trained on documenting performance problems and personnel decisions. As a sales representative, he sold educational products, including textbooks, to instructors and administrators at colleges in Florida. Seeking a promotion, he applied for three internal learning solutions consultant (LSC) positions. Eventually, he was offered the position—but at a salary of $85,000.

At-will employment: What are the exceptions? 

Homebase

Every state except for Montana follows theat-will employmentlaw. This means it is legal to terminate an at-will employee for any reason outside of federal and state law protections without being required to establish cause for termination. .

Expanding Your Business – 9 Things You Need to Know

Tandem HR

However, have you considered the employer and employee elements? Additionally, 14 states and the District of Columbia contain cities and counties that also impose an income tax. You will need to be educated on the differences and establish an accurate tracking system. The rules are complicated, and the penalties for noncompliance are severe. Employment laws: Every state has its own set of employment laws.

Is Workplace Bullying Illegal?

HR Counselor's Corner

Workplace bullying is on the rise. Merriam-Webster’s dictionary defines bullying as “abuse and mistreatment of someone vulnerable by someone stronger or more powerful,” In the workplace, that could include verbal or written teasing, intimidation, or threats to cause harm. It might take the form of public reprimand, belittling or regularly excluding someone from meetings or social gatherings of their peers. Believe the accuser until proven otherwise.

English-Only Policies Are Presumptively Unlawful Under New FEHA Regs

HR Daily Advisor

California leads the United States in foreign-born and non-English- speaking residents. According to data from the U.S. Census Bureau, almost half of all Californians speak a language other than English at home. Nearly one-third of the state’s population is foreign-born (10 million people), which accounts for about a quarter of the foreign-born population in the entire country. Employment Law business discrimination Training undocumented workers

Compensation: Can A Constructive Discharge Claim Be Based On Unequal Pay?

HR Daily Advisor

There has been considerable publicity about the “pay gap” between men and women. A recent case from the federal trial court in Hattiesburg dealt with a constructive discharge claim based on a claim of unequal pay. Let’s see how the court ruled. What was the aggravating factor? “Maggie” was the administrator and director of nursing at the Hattiesburg and Biloxi locations of St. by Martin J. Regimbal.

Recordkeeping: What you must keep – and for how long

HR Morning

The trouble with recordkeeping at a lot of companies: You don’t know how complete your records are until you get involved in litigation or an audit. That’s why it’s essential to know — before you find yourself in some kind of legal dispute — what documents you need to hold onto and what you can trash without putting your company at risk. That’s sound advice — if you’ve got the storage and personnel to keep track of all those docs for that long. Compensation.

Bad Publicity Leads to Recruiting Challenges

HRWatchdog

Many well-known companies are making news lately for alleged employment violations, including sexual harassment allegations, wage-and-hour violations and independent contractor issues. Besides the human cost to the employees involved and the monetary costs to the company, such as legal fees, potential fines, penalties or other damages and decreased productivity, one other large cost affects companies: damage to company brand.

The Devastating Result of a Single Word

HR Daily Advisor

A car wash company provided its employees with a handbook setting forth its employment policies. The handbook was written in both English and Spanish, it required arbitration of employment disputes, and it denied an employee’s right to bring an action under the California Private Attorneys General Act (PAGA). The English version stated that the denial of the right to bring a PAGA action was severable if a court found the denial unenforceable.

Was Inconsistent Treatment of Asian USPS Worker Discrimination?

HR Daily Advisor

In 1997, the Equal Employment Opportunity Commission (EEOC) accepted 16,394 charges alleging retaliation under Title VII of the Civil Rights Act of 1964, but that number swelled to 33,082 in 2016. The steady increase in retaliation claims is likely due to a number of factors, including the fact that an employee doesn’t have to prove that she was discriminated against or harassed to proceed, and potentially succeed, on a retaliation claim.

The Importance for HR Managers to Understand the Law

Get Hppy

The job of HR managers is not just limited to hiring competent staff, ensuring a healthy work culture, and conducting appraisals. Knowing the laws will help them take steps against discrimination, abuse, avoid liability and handle legal issues in human resource management. .

Develop a plan to address negative publicity

Business Management Daily

Employment law violations can result in lawsuits, but that isn’t the only kind of negative fallout. Employers increasingly find themselves in the crosshairs of advocacy groups and media outlets eager to expose perceived wrongdoing. Don’t hide from the exposure.

My Boss Sexually Harassed Me After Work

Evil HR Lady

Well, Im not, but thats the perception of all of us in HR. Need to explain to someone why, even after working their rear end off all year, that their annual increase is 2.7%? So, come join me on the Evil Side. Monday, July 19, 2010 My Boss Sexually Harassed Me After Work Dear Evil HR Lady, Im a female in my mid-thirties. During the night we were also texting. Yesterday at work he cornered me in the hallway and caught me completely off-guard.

M&A Friday! This Week’s HR Deals and Trending #HotInHR News

Advos

Our weekly recap of fundings, mergers & acquisition, partnership and other interesting news from the human resource, recruitment and employee benefits marketplace. Asana, a work management platform for teams, nabs $50M growth round at a $1.5B Wizbii, a Grenoble, France-based provider of a platform for youth employment and entrepreneurship, raised €10m . Special Counsel, a Legal Staffing Solutions Provider, Embraces The Cloud With RelativityOne Investment.

EEOC Examines Strategies to Reduce Retaliation in the Workplace

HRWatchdog

A panel of experts recently met with the commissioners of the federal Equal Employment Opportunity Commission (EEOC) to discuss ways to prevent and rectify retaliation in the workplace. Every year, claims of retaliation top the list of the most frequent charges filed with the EEOC, accounting for almost 43 percent of all claims filed in 2014. “Such efforts benefit workers and employers and make good business sense.”

EEOC Examines Strategies to Reduce Retaliation in the Workplace

HRWatchdog

A panel of experts recently met with the commissioners of the federal Equal Employment Opportunity Commission (EEOC) to discuss ways to prevent and rectify retaliation in the workplace. Every year, claims of retaliation top the list of the most frequent charges filed with the EEOC, accounting for almost 43 percent of all claims filed in 2014. “Such efforts benefit workers and employers and make good business sense.”

What your business can do NOW to prepare for the DOL ‘Blacklisting’ rules and guidance.

The Employer Handbook

In 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order. Folks like me on the management-side refer to this Order as the Blacklisting rules. In general terms (I’ll get a little more specific below), the Blacklisting rules require prospective federal contractors and subcontractors to disclose anything that may appear on a laundry list of labor-and-employment-law faux pas. Who is covered by the Blacklisting rules?

Review of the Trump Administration’s First Year: Aggressive Agency Action

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. In part one of this article series , we discussed the various agency appointments, and lack thereof, as well as a few Obama-era Executive Orders that were put on the chopping block.