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Hot Topics in Employment Law

Paycor

Wage & hour violations, family leave, discrimination, harassment – these topics continue to generate conversation throughout workplaces across the country. 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. Most organizations will define their employment policies in an employee handbook or manual , a job application or contract.

Roadmap to Better HR Compliance

CIC Plus

As employment laws and regulations increase, so does your risk of penalties for non-compliance. Staying compliant with federal, state, and local laws and regulations requires work. There’s no, “Sorry, we didn’t know that” when it comes to working with agencies, laws, policies, and other suppose-to’s. Instead, read on for some tips and approaches for keeping in the know when it comes to all the moving parts for HR compliance. At-Will employment.

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Eric’s Wild-n-Crazy HR-Compliance Road Show – Coming atcha!

The Employer Handbook

And I’ll teach you a thing or two about employment law. Here’s where we can connect IRL: If you want to get real wonky into Americans with Disabilities Act accommodations, I’m presenting an advanced-level course at SHRM Lehigh Valley’s October Conference on 10/2 in Bethlehem, PA. Two days later, on October 4, I’m presenting an update on the significant changes in 2018 in NJ employment law (e.g.,

EU Court Ruling to Shift German Religious Anti-discrimination Policy

Global People Strategist

On April 17, the court ruled that churches in EU member states should abandon their faith-based employment prerequisite when advertising and hiring staff. Germany allows its churches to be autonomous in making their decisions, but this ruling calls into question the legitimacy and integrity of German anti-discrimination laws and their compliance with EU anti-discrimination standards. Egenberger is one of many employees affected by the existing laws in Germany.

The Top HCM Compliance Issues to Watch for in 2018

Ceridian

The HCM world has seen a flurry of recent compliance changes that will continue into 2018. Employers should start planning their responses to this changing landscape over the coming year. We’ve put together a summary of major HCM compliance issues and trends we believe will be important to employers in 2018. Employers should anticipate major tax reform changes in 2018. Elimination of the employer deduction for qualified transportation fringe benefits.

Plan Sponsors Must Now Analyze 401(k) Plan Administration (Part 2)

HR Daily Advisor

The TCJA made several changes to the tax code that eliminated the ability for employers to deduct and employees to exclude from income certain fringe benefits received by the employee. The pre-2018 Code also allowed employers to reimburse employee-incurred moving expenses without including those amounts in the employee’s income. Benefits Employment Law 401(k) income IRS safe harbor

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?

Learning leaders reexamine sexual harassment prevention in light of new state laws

CLO Magazine

In the now two-year wake of the #MeToo movement, these state laws make up a smaller part of the ongoing redirection of discussions surrounding workplace culture and safety. As more states are mandating workplace harassment training, some organizations, like New York City-based Citigroup, which must remain compliant with both the state and city laws, took the moment as an opportunity to look at their current anti-harassment policies and training. Effective Jan.

Is Travel Time Compensable for Technicians Paid on an Hourly Basis?

HR Daily Advisor

The key to identifying whether travel time during the workday is compensable is determining whether the employees are engaged in travel as part of the employer’s principal activity or for the convenience of the employer. When an employer claims that there is no regular workday, the DOL generally finds that “a review of employees’ time records usually reveals work patterns sufficient to establish regular work hours.” As we previously reported , last week the U.S.

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

HR Daily Advisor

In this article, we’ll take a look at the various actions by the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Program (OFCCP). At her urging, the Office of Management and Budget (OMB) moved to suspend Component 2 of the EEO-1 report prior to Labor Day, as she had promised at the 2017 Industry Liaison Group National Conference held in August in San Antonio. Employment Law Harassment President Donald Trump

Watch What You Say: HR Manager’s Comments Send Leave Case to Trial

HR Daily Advisor

Five days later, the employer fired her for performance problems, including those listed in the HR manager’s e-mail. The employer’s request for travel receipts also could be evidence of interference, it said, noting that the requirement appeared to be ad hoc. To dispute that evidence, the employer pointed to Alexa’s performance deficiencies, listed in her termination notice. Employer Takeaway. The FMLA prohibits employers from interfering with workers’ leave rights.

2019 BCGi Summit: Speaker Spotlight #1

Biddle Consulting

Session Title: Doing Right, The Right Way: Making Lawful Race, Gender & Ethnicity Considerations. In this fast-paced and interactive presentation, OFCCP compliance experts Candee Chambers and John C. Fox will discuss how to lawfully take race, gender and ethnicity into account when making hiring and promotion decisions, lay out the pathway to “do right, the right way”, and also demystify the distinction between required Affirmative Action and voluntary diversity.

EEOC COVID-19 Testing Guidance for Return to Work

Sterling Check

That’s a question that many employers are grappling with today. During this unprecedented global pandemic, many US employers are trying to safely operate and still stay in compliance with applicable laws and regulations (see our recent blog 4 Key Legal and Regulatory Considerations to Reopen and Stay Open ). The EEOC’s job is enforce workplace anti-discrimination laws, including: the Americans with Disabilities Act (ADA).

Are paralegals entitled to overtime under the FLSA? Probably.

The Employer Handbook

Last Friday, I had the honor and privilege of presenting at the Philadelphia Association of Paralegals’ Education Conference. The class was essentially a primer on the basics of employment law, during which I emphasized both the types of claims on which paralegals may assist clients, and the employment-law issues that the audience may encounter for themselvesat work. We explored discrimination, disability accommodations, family and medical leave.

My Take: Macroeconomic uncertainty makes a return thanks to the coronavirus

GetFive

As consumers retreat from malls and airports, as conferences and other events are canceled, businesses are feeling it. Glassdoor’s anonymous review site was first launching in 2008 and didn’t have the influence on employer reputations it has today. Make sure you’re in compliance with the law. So it looked like the company was laying off older workers, which is age discrimination, which is against the law.

Sacramento City Ordinance Requires Supplemental Sick Leave, Health and Safety Protocols

HRWatchdog

As previously reported , the Sacramento City Council recently enacted its Worker Protection, Health, and Safety Act , an emergency ordinance that requires covered employers to provide supplemental paid sick leave for COVID-19-related reasons. Covered Employers/Employees.

Sacramento County’s New COVID-19-Related Ordinance

HRWatchdog

On September 1, 2020, the Sacramento County Board of Supervisors adopted an ordinance called the “ Sacramento County Worker Protection, Health, and Safety Act of 2020 ,” which contains two major components: (1) employer safety practices and protocols, and (2) supplemental paid sick leave.

Do You Play Favorites at Work? You Should.

HR Daily Advisor

I’m talking about things like discrimination on the basis of sex, race, religion, and so forth, as well as retaliation against workers who blow the whistle on wrongdoing. As Jennifer McClure of Unbridled Talent put it so well at our recent THRIVE conference in Las Vegas (which was fantastic, by the way), “We want to play favorites and reward the people who are doing great work.” and practiced in the Labor & Employment Department at Sidley & Austin, LLP in Chicago.

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. In addition, there are no federal or state laws that prohibit workplace bullying in the public and private sector. Farrell, JD, is a Legal Editor for BLR’s human resources and employment law publications.

5 Steps to Help Employers Stay Compliant with the ADA

HR Daily Advisor

To help ensure compliance with the Americans with Disabilities Act (ADA), there are five steps employers can take, according to Dana Connell of Littler Mendelson, P.C. and Matt Morris, VP of FMLASource, ComPsych Corporation—both presenters at SHRM’s 2017 Annual Conference & Exposition in New Orleans. Once an employee has indicated an employer discriminated on the basis of disability that can open the door for the EEOC to request copies of an employer’s policies.

State Minimum Wage Increases for 2019 (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 or municipality has a minimum wage that is higher than the federal minimum, employers subject to the state or local minimum wage law are obligated to pay the higher rate to employees working there. New York: New York City (NYC) large employers (11 or more) $15.00. NYC small employers (10 or fewer) $13.50; increasing to $15 12/31/19.

An Employer Toolkit for Reasonable Accommodation

HR Daily Advisor

The two spoke at SHRM’s 2017 Annual Conference & Exposition in New Orleans. Dagit noted that employers need to have tools for reasonable accommodation because one in five Americans has a disability and close to 50% of the population is dealing with a disability directly or indirectly. In addition, prospective employees and the public in general view favorably those employers that are inclusive. ADA & Disabilities employees employer JAN Reasonable Accommodation

Managing Pay Equity in the Workplace

HR Daily Advisor

Pay equity is getting more attention in the media, and as the public becomes more aware of the pay gap issue, employees are raising questions internally with employers, according to Joseph Beachboard and Lara de Leon of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Title VII of the Civil Rights Act (Title VII) – prohibits discrimination with respect to compensation because of an individual’s race, color, religion, sex, or national origin.

WIRTW #365 (the “en français” edition)

Ohio Employer's Law

When we attending Norah’s first parent/teacher conference when she was in kindergarten, I remember her French teacher telling us all about the play that would cap their year. Here’s the rest of what I read this week: Discrimination Well, that stinks! Doo-doo creates a discrimination claim. — via Eric Meyer’s The Employer Handbook Blog When Are Reasonable Accommodations NOT Required For a Disabled Employee? —

WIRTW #386 (the “onion” edition)

Ohio Employer's Law

via Eric Meyer’s The Employer Handbook Blog Fifth Circuit Establishes “Snapshot” and Contemporaneous Documentation Requirements for Employers — via Laconic Law Blog Alcoholism and the ADA — via Phil Miles’s Lawffice Space Employees Under The Influence: Disabled But Not Unfireable — via Employment Discrimination Report Can a Corporation Pursue a Retaliation Claim? — I’ve the reading the Onion for years.

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. On the checklist, we should include items such as the substantive reason for termination and special risks to consider, including possible claims of discrimination or retaliation if there are any open investigations.

Top 100 HR and Recruitment Blogs [by Organic Traffic with Top 3 Articles Each]

Ongig

This includes general HR blogs, recruiting blogs, talent acquisition blogs, employer branding blogs and more. Compliance. Employer Branding. Employer Branding. HR Management and Compliance. Glassdoor for Employers Blog. Employer Branding Blog. Employer Branding. HR Compliance. Employer Brand. HR Compliance. Employer Content. Employer Branding. The Top 5 Sites for Employer Reviews & Ratings.

Sure, She Works Here. But, Do We Employ Her?

HR Daily Advisor

Brinkerhoff, an associate in the Las Vegas office of law firm Holland & Hart LLP, offered her tips at BLR’s Advanced Employment Issues Symposium, held recently in Las Vegas. Recent Joint-Employer Test—National Labor Relations Board. The August 2015 Browning-Ferris ruling brought a new, broader joint-employer test: Is there a common-law employment relationship? Use of a written agreement will help protect against joint employer status.

Are Your Variable Pay Practices Factoring into the Gender Pay Gap?

HR Daily Advisor

Pay equity isn’t just a matter of “fairness” and doing the right thing—it’s also a compliance issue and a business issue. A number of states—including California, Massachusetts, Maryland, and New York—have laws prohibiting pay disparity based on gender, and more states are likely to follow. So, proactive employers either already have or are planning to looking at their pay practices to ensure their employees are being paid fairly. Employer Takeaway.

State Minimum Wage Increases for 2018 (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 or municipality has a minimum wage that is higher than the federal minimum, employers subject to the state or local minimum wage law are obligated to pay the higher rate to employees working there. Local laws may require different minimum wage rates. Local laws may require different minimum wage rates.