Employment law changes to watch in 2021

Insperity

The new calendar year always rings in some employment law changes, and 2021 is no different. All these employment law changes are effective Jan. Federal employment law changes in 2021. Coronavirus-related leave laws. New laws on equal pay.

Documenting employee discipline: how to document misconduct

myhrtoolkit

Why do employers need to document employee discipline and how is it best to go about documenting misconduct issues? Find out more in this general guide from experienced employment law solicitor Toby Pochron of Freeths. Employment law HR documents

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Compliance Check: Employment Law in 2021 | BerniePortal

BerniePortal

Maintaining compliance is one of the most important ongoing tasks that HR teams face, especially during a time when many workforces are still operating remotely and labor law is evolving due to COVID-19. Employers should display this poster to inform workers of their USERRA rights.

Governor Newsom Signs New 2020 Employment Laws

HRWatchdog

Employers need to be aware of a few significant new 2020 employment laws that may affect their daily business operations, policies and employees. Some new laws make significant changes while others make smaller changes to existing law. Expanding Statute of Limitations for FEHA Claims: Someone alleging violation of the Fair Employment and Housing Act (FEHA) currently has one year to file a complaint with the Department of Fair Employment and Housing (DFEH).

UK employment law 2020: what’s on the horizon?

cipHR

From likely UK case law developments to changes to annual leave calculations and employees’ entitlement to written statements of particulars , ESP Law’s team of legal experts look ahead to what 2020 has in store for employment law . Case law decisions .

Fair Credit Reporting Act—Employment Law Basics

HR Daily Advisor

‘Consumer Reports’ and ‘Investigative Consumer Reports’ In the employment context, a consumer report is any written, oral, or other communication of any information by a consumer reporting agency bearing on an individual’s employment. An investigative consumer report in the employment context is information about an employee or applicant obtained through personal interviews with neighbors, friends, or associates.

Required FFCRA Documentation, Recordkeeping for New Federal Paid Leave (COVID-19)

HRWatchdog

The new FFCRA regulations require employees to provide notice to their employers about their need to take either paid sick leave or expanded family and medical leave. But, in order to obtain the tax credits, the IRS requires some additional information from employers.

Organizing I-9 documents: Keeping your employee paperwork compliant and secure

Business Management Daily

The post Organizing I-9 documents: Keeping your employee paperwork compliant and secure appeared first on Business Management Daily. Centerpiece Employment Law Human Resources

The most common employee documents used at trial

Business Management Daily

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. laws require companies to keep documents for specific timeframes. Employment test results.

Reminder: Properly Document FFCRA Leave to Claim Tax Credits

HRWatchdog

Employers need to maintain proper documentation to claim the new tax credits from the IRS. Employers will report this on their Form 941, Employer’s Quarterly Federal Tax Return. The IRS requires certain documentation to claim the credits.

Retaliation—The Marcia Brady Of Employment Law

HR Daily Advisor

neither can employers seem to escape claims of retaliation by their employees. Everywhere employers turn, there’s another retaliation claim being made against them under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), or another state or federal statute. The trial court entered judgment in favor of the employer, and Jan appealed to the U.S. Pretext involves more than just faulty reasoning or mistaken judgment on the part of the employer.

LifeWorks

     

Reconstructed Travel Logs Inadequate for Documenting Mileage

HR Daily Advisor

Although the case involves the business expenses of a sole proprietor, it should be noted that the same rules also apply to vehicle benefits provided by an employer. Furthermore, the calendar petitioner used to create the logs is absent from the record, and the credit card statements and other documents in evidence are insufficient to corroborate the business purpose or location of petitioner’s expenditures.”. Employment Law business deductions evidence IRS

How to fire someone fairly: Document your decision

Business Management Daily

The post How to fire someone fairly: Document your decision appeared first on Business Management Daily. Centerpiece Employment Law Firing Human ResourcesNo matter how fair you have been, always assume an employee who has been disciplined will sue, alleging some form of discrimination. Be prepared!

Harassment in the workplace: Document details and track complaints

Business Management Daily

The post Harassment in the workplace: Document details and track complaints appeared first on Business Management Daily. Centerpiece Discrimination and Harassment Employment Law Human ResourcesThis recent sexual harassment lawsuit case proves that if the matter gets to court, the more details you can provide, the better.

Upcoming Changes in Poland’s Labor and Employment Law

Global People Strategist

The Polish legislature is currently working on a couple of labor and employment laws that will take effect in 2019 and possibly ring in a new era of HR in Poland. The new law surrounding the monitoring of employees in the workplace seeks to regulate and outline rules for both email and video surveillance. Notably, the use of both monitoring services is strictly restricted, to be used by employers only when necessary. Employer’s Course of Action.

3 costly mistakes that could be lurking in your documentation

HR Morning

It’s not always what’s missing from employee documentation that could get you in trouble. It’s also what may already be in your documentation that could land you on the wrong end of a lawsuit. . Recently, employment law attorneys shared some of the costliest mistakes they’ve spotted in employersdocumentation. When documenting employee conduct, managers should avoid using legal characterizations, says attorney Kevin A.

HR documentation: A step-by-step guide

Insperity

At first, HR documentation can feel like a series of tedious administrative tasks you have to do as part of running a business. However, thorough HR documentation is incredibly important to your business. Here’s why: It’s the story of your company’s interaction with each employee, from the start to end of employment. It’s your assurance that you’re in compliance with federal, state and local employment laws and regulations. The goal of HR documentation.

When a previously good performer starts to slide, carefully document decline

Business Management Daily

When an employer fires a worker for poor performance and the worker sues alleging some sort of discrimination, the employer must be ready to explain any apparent decline in its performance appraisals. The post When a previously good performer starts to slide, carefully document decline appeared first on Business Management Daily. Centerpiece Employment Law Human Resources

Ironclad Employment Documentation: A Q&A with Susan Fentin

HR Daily Advisor

Will you have the employment documentation to back up your decision and avoid a costly lawsuit? It’s your word against the word of the employee—unless you have solid employment documentation to support the reasons for your decision. The Equal Employment Opportunity Commission, a judge, or the jury will want to examine your records of the steps and actions that led to the firing, discipline, or other adverse employment action.

Keeping Employee Records Secure – Ask #HR Bartender

HR Bartender

In a personnel file, is it required to have no sensitive information (such as social security numbers) on any documents and/or other forms? Mark, are there laws regarding how organizations should maintain employee records? And if so, are the laws federal, state or both? Neuberger] There are so many differing record retention requirements depending upon the federal state or even local law.

Coronavirus Q&A

HR Counselor's Corner

Employers should send the employee home and require them to stay home until they are able to return under CDC guidance. Employers should review the CDC’s website for guidance. A good CDC reference for employers can be found here: [link].

2021 State Drug Testing Law Updates for Employers

Cisive

The web of workplace drug and alcohol testing compliance continues to grow and has become increasingly impactful to employers. Several states have adopted new laws, with more states considering similar actions in the coming months. ” The new law takes effect on January 1, 2022.

Recruiting Within the Boundaries of Equal Opportunity Employment Law

Hospital Recruiting

It is crucial that healthcare recruiters understand how personal bias (or the employer’s bias) can lead to some dangerous hiring techniques that could leave them not only open to litigation, but also pass over heaps of well-qualified applicants. The federal rules to prevent hiring discrimination are known as the Federal Equal Employment Opportunity (EEO) Laws in which the U.S. Equal Employment Opportunity Commission (EEOC) enforces and provides regulation oversight.

Do we have to pay employees who clock in early?

Business Management Daily

This is a common problem with non- exempt employees , and as the employer, you must walk the line between following labor laws and ensuring your employees follow company policy. Employment Law Labor Laws

How Do I Verify Form I-9 Documents for Remote Employee?

HRWatchdog

This can be a very difficult situation, since the law makes no exception for a remote employee — the employer must have the Form I-9 completed within the first three days of the employee beginning employment. In prior years, employers routinely used the services of a notary public to complete the Form I-9 , but that option has eroded. Indeed, California even has a law that requires an individual doing this task be bonded as an immigration consultant.

Reminder to California Employers: Law Requires Electronic Filing/Payment of Payroll Taxes

HRWatchdog

The California Chamber of Commerce is reminding employers with 10 or more employees that employment tax returns, wage reports and payroll tax deposits must be submitted electronically to the Employment Development Department (EDD). The requirement began January 1 for employers with 10 or more employees. The bill also requires employers to remit contributions for unemployment insurance taxes by electronic funds transfer.

5 Tips for Accommodating Depression, PTSD, and Other Mental Illnesses

HR Daily Advisor

The Equal Employment Opportunity Commission (EEOC) recently released information to help explain the workplace rights of employees with mental health conditions under the Americans with Disabilities Act (ADA). Tip #3: Ask for documentation. You may also request a letter from the employee’s healthcare provider documenting her mental condition and stating that she needs a workplace accommodation because of it. An estimated 16.1

How to Avoid Common Form I-9 Violations

HR Daily Advisor

Fines for knowingly hiring or continuing to employ unauthorized workers can reach as much as $16,000 per violation , while substantive and uncorrected technical violations can be as much as $1,100 per violation. Here are 4 important areas employers need to understand in order to avoid common Form I-9 violations. Improper destruction of documents. Don’t make the mistake that some employers have made and unilaterally destroy I-9 documents after three years have passed.

9 FMLA record keeping requirements employers need to know

HR Morning

Employment law attorneys recommend periodic internal audits of all record keeping practices. That way, if there’s ever a dispute, you’ll be able to produce the required documentation — not to mention stay in compliance with federal laws. It’s especially important to be on top of your game since, according to the law, the burden of establishing eligibility for FMLA leave is on the employer.

Arizona Makes Misrepresenting Pet as Service Animal Illegal

HR Daily Advisor

While the new law, which took effect August 3, is a relief to many employers and business owners, they must be careful how they inquire whether an animal is a legitimate service animal. The law doesn’t change what constitutes a permissible inquiry, so businesses must understand what constitutes a service animal, and they must know how to make appropriate inquiries when the nature of the service isn’t obvious. Effects of New Law.

COVID litigation, lessons for businesses from the courtroom

Business Management Daily

To date, about 10,000 employer-focused lawsuits have been filed — with more coming every day. While many of these cases are still pending, each lawsuit offers important lessons for employers who want to avoid being the next target. Fortunately for this employer, the case was dismissed.

Business law basics for HR: 8 things every HR professional needs to know

Business Management Daily

Business law isn’t just for lawyers, HR professionals also need to know the basics. But a good grounding in business law can prevent or ameliorate most problems. From the Constitution to contracts and employment law, here are some top do’s and don’ts.

Was employee’s firing for delaying leave documentation OK?

HR Daily Advisor

What can employers do when an employee is slow to provide documentation and respond to medical exam requests? In a recent case, a federal appeals court ruled that an employer was justified in firing an employee for failing to cooperate with its FMLA leave approval process. The 10th Circuit concluded that Dalpiaz was discharged because she was obstinate in the face of her employer’s directions and requests, not because she exercised her FMLA rights.

Top 10 Talent Management & Employment Screening Blogs from 2020

Cisive

From remote work to onboarding to contact tracing , we worked endlessly with our team and partners to provide timely resources for employers and clients on how to address the growing challenges presented by the pandemic.

Sumser: How the EU rules on AI will alter HR’s relationship with tech

HRExecutive

The number of agencies that regulate HR is about to grow—and the accompanying penalties facing employers can make EEO compliance look tame. state and federal laws that will inevitably follow. Employment lawyers and technology go together like oysters and cupcakes.

Human resources tech trends to watch in 2021

Business Management Daily

From time tracking to virtual onboarding, HR tools can help make life easier for employers and employees. HRIS systems can also manage company documents like employee handbooks and safety procedures. Employment Law Human Resources Development People Management

FCRA Disclosure May Be Part of Application and Include Authorization

SHRM Resources

While the Fair Credit Reporting Act (FCRA) requires that a disclosure of rights be provided in a separate document, it may include lines for signature and date, and be part of an application packet, the 9th U.S. Background Investigations Employment Law