Employment Law 2020: Are You Prepared and Protected?

Ultimate Software

It’s a brand-new decade, and employment law changes are occurring at a breakneck speed right alongside technological innovation. Trends and best practices in employment law have evolved dramatically in recent years, and it can be hard for HR practitioners to keep up.

Governor Signs New Employment Laws for 2019

HRWatchdog

Governor Jerry Brown signed several key employment law bills that businesses need to be aware of for the coming year. Here are some of the new laws taking effect in January 2019 that employers should anticipate: Assembly Bills.

Wisconsin 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. However, remember that our summary is not qualified legal advice, laws are always subject to change, and they can vary from municipality to municipality.

DOL Opinion: Using FMLA Leave to Attend Child’s Special Education Meetings

HRWatchdog

California law specifically provides leave for employees to participate in a child’s school “activities,” which could potentially include IEP meetings. The school must meet regularly with IEP team members to assess and revise the plan as necessary. California Employers.

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.

Flexibility Matters - Customized Time & Attendance

nettime solutions

A comprehensive time and attendance system can give your company and it s employees the flexibility it needs in order to handle even the most complex requests with ease. These include: Employee attendance and scheduling. Employment law compliance.

It’s Time to Cozy Up to the New I-9

HR Daily Advisor

It’s time for employers to get acquainted with the new Form I-9. Citizenship and Immigration Services (USCIS) issued the form November 14 and while employers are free to use either form for now, they must use the new form beginning January 22, 2017. Time for an Audit.

The Legal Consequences of Not Paying Your Employees On Time

FingerCheck

Payroll compliance is a new topic we’ve been exploring on the blog, and this week, we’re talking about the legal repercussions of not paying your employees on time. As an employer, it is your responsibility to adhere to a regular pay schedule that is in accordance with state regulations.

“If I could press a button and instantly vaporize one sector of employment law?” (redux)

Ohio Employer's Law

Nearly six years ago, Walter Olson , writing as his Overlawyered blog, asked the following question: “If I could press a button and instantly vaporize one sector of employment law…” ? In the 70+ years that have passed, it has evolved, via a complex web of regulations and interpretations, into an anachronistic maze of rules that even the best-intentioned employer cannot hope to comply with. A regulatory scheme that is impossible to meet does not make sense to keep alive.

The opioid crisis: Is drug addiction a disability?

Business Management Daily

Drug addiction touches every employer, whether it’s finding applicants to fill open jobs or accommodating treatment and recovery. Employers absorb part of that cost in the form of lost productivity and higher healthcare costs. Any failure to meet these terms means automatic termination.

New Jersey Paid Sick Leave Act Takes Effect October 29

HR Daily Advisor

New Jersey’s new Paid Sick Leave Act, which ensures employees get paid time off to care for their own or a family member’s illness or injury, is set to take effect on October 29. The law requires all private and public New Jersey employers, regardless of size, to offer paid sick leave.

Reasonable accommodation can require additional leave

Business Management Daily

Reasonable accommodations for a disabled employee can include paid time off or unpaid time off. Taken all time in her Paid Time Off (PTO) bank? Used every bit of earned time off for vacation, sick or personal leave? That’s where time off comes into play.

No answer on legality of cutting hours under ACA: Dave & Buster’s settles ERISA suit

HR Morning

If you were hoping a court ruling on a recent ERISA lawsuit involving Dave & Buster’s would offer some clarity into whether it’s legal to cut employees’ hours to avoid having them count as full-time employees under the ACA, you’re going to be disappointed.

How many of you would risk the retaliation claim here? (I would)

The Employer Handbook

One claimed that the defendant-employer violated the New Jersey Law Against Discrimination when it fired him for participating in a workplace investigation. Both plaintiffs claimed that time was on their side. The same logic applies to any timing argument that Plaintiff No.

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). An estimated 16.1

How to support workers with ‘hidden’ disabilities

cipHR

While many HR professionals might be confident in their knowledge of employment law related to more common, visible disabilities such as mobility problems, so-called ‘hidden’ disabilities – such as dyslexia and autism – pose a much greater challenge. In a recent CIPHR employment law seminar, Matthew Huggett, partner at Carbon Law Partners , explained how employers can best support people with these conditions. . What does the law say?

Can an Employee Demand Representation While Being Disciplined?

HR Daily Advisor

Returning to our hypothetical, under the NLRB’s current interpretation of the law, Bill isn’t entitled to have “someone there” during an investigative interview because his workplace isn’t unionized. He was then directed to report for a meeting with management.

From the courtroom: Firing an employee do’s and don’ts

Business Management Daily

Before you fire her, possibly triggering a lawsuit, take the time to document why she’s not working out. But the employer told the court she was simply an incompetent worker it had inherited when it acquired a housing complex. She also was often late, left early and generally had a poor record for meeting metrics such as reducing rent delinquencies. The court dismissed the lawsuit, reasoning that the employer had legitimate discharge reasons.

The #1 Way Small and Medium Businesses Save Time

Synergy

Think back to some of the most time-consuming activities you’ve undertaken for your business. A major study from earlier this year shows that small and medium sized business owners consistently underestimate the amount of time and energy required to run their HR functions in-house.

FMLA: California Employer Put Up with Performance, Attendance Issues Long Enough

HR Daily Advisor

In addition to her attendance issues, she was frequently tardy and became a poor performer. AT&T warned her several times that she would be suspended if her attendance and performance didn’t improve. Monica took various forms of leave throughout her employment.

New Immigration Bill Called Radical and Not Proemployment

HR Daily Advisor

Although the bill, dubbed the Reforming American Immigration for Strong Employment (RAISE) Act, seeks to reward immigrants who have in-demand job skills, it’s “not a pro-employment bill,” according to an attorney who works with employers in need of foreign workers. “It

How Employers Became Legally Liable for Documentation of Employees’ Work Eligibility

HR Daily Advisor

Rather than arresting and deporting unauthorized immigrants, the government finds it easier and more effective to arrest or fine employers that hire undocumented workers, no matter how unwittingly. employers has become increasingly overbearing and burdensome.

Did Supervisor Discriminate Against Reservist Due to Possibility of Deployment?

HR Daily Advisor

Despite satisfactory performance ratings in his first 3 years with the employer, after the notification, he received an unsatisfactory performance rating and disciplinary letters. Eventually, his employment was terminated. That was the only meeting that he had missed.

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.

Employee Voluntarily Quits, Could She Be Eligible for Unemployment Benefits?

HR Daily Advisor

Shiloh Community Development Corporation hired “Raegan” to work as a part-time data manager in February 2014. She claimed that her supervisor, “Olive,” screamed at her during a meeting and prohibited her from attending a training session.

Expert’s 4-step process for managing employees with psychological disabilities

HR Morning

When it comes to accommodating psychological disabilities, most employers will agree few situations are more challenging. Many employees manage their disabilities without employers ever knowing about them. Door #3 — Scheduling and holding a reasonable accommodations meeting.

Compliance Issues That Will Dog #HR in 2017

PerformanceICreate

I attended an event at an attorney’s office in downtown Chicago. I think formally this was titled an Employment Law Update. I read blogs, newsletters, follow tweets, participate in closed Facebook groups, talk to people and attend SHRM events just to name a few.

Working People are Taking Fewer Vacations and Working More, Despite Having More Vacation Days

FingerCheck

Millions of Americans are married to their jobs and believe that taking vacation will negatively affect their employers’ perception of their commitment or productivity. Most of these fears are closely associated with the overarching fear of not meeting company goals.

Biometrics and New Privacy Concerns

HRExecutive

A recently filed class action suit in Illinois could be the signpost for “a new employment law frontier,” according to at least one law firm. Damages available under laws such as BIPA make this fertile ground for class actions as well.

Fired Learning Consultant with Performance Problems Points to Racial Bias

HR Daily Advisor

Turner later alleged that there was no evidence that she was required to perform both jobs, and even if there were, he had to travel more and his workload was heavier because of the time of year he was promoted. Employment Law Training discrimination Learning Solutions LSC managers

Was CBA Sufficient to Compel Arbitration of California Nurse’s Wage and Hour Claims?

HR Daily Advisor

A nurse filed a class action lawsuit against her former employer alleging wage and hour violations, including failure to provide meal and rest breaks and pay overtime. Read on to see if the court granted the employer’s request. .

Congress Mulls Comp Time for Private Employers

HR Daily Advisor

Lawmakers are considering a bill that would allow private employers to award workers compensatory time off in lieu of overtime pay. Under the current Fair Labor Standards Act (FLSA), employers must pay workers 1-1/2 their regular rate for all hours worked beyond 40 in a workweek.

Turns Out, There Is Political Discrimination and Harassment Too

PerformanceICreate

If they did so, they could terminate anyone who didn’t meet that behavioral standard and still sleep like a baby at night. Laws prohibiting political affiliation discrimination differ depending on location and on public or private sector employment.

ACA ruling: You can now get sued for reducing employees’ hours

HR Morning

district court ruling is a real game-changer for employers — and not in a good way. And to skirt those costs, the manager claimed the restaurant planned to cut the hours of full-time workers, which it then did, according to the suit. This U.S.

Lawsuit highlights the risk of unpaid training time

Ohio Employer's Law

Employment Law 360 reports that Hawaiian Airlines has been sued by a group of employees claiming that their mandatory unpaid 10-day customer service training course violated the Fair Labor Standards Act. Is attendance truly voluntary?

do we have to pay new hires for training time?

Ask a Manager

I’m not sure if this is legal under current wage laws (our business is located in Michigan, by the way) or if it is considered work without wage. Ah yes, gut feelings — a great way to go wrong in hiring and employment law. Employees must be paid for all time they spent working, which generally includes training time. That said, I wonder if your boss is thinking of pre-employment training. do we have to pay new hires for training time?

Back to School Concerns for Employers

HR Counselor's Corner

Now that schools are back in session around the nation, parents and legal guardians may be requesting time off to attend school functions and teacher conferences. It might if you are a covered employer. Does state law require such a leave?