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.

New Employment Laws in Ireland

Global People Strategist

The year 2020 bought crucial changes to the employment laws in Ireland. New updates include work-life balance provisions, employment record-keeping, legal representation, and more. Cost of Employment. The cost of employing staff was meant to rise in 2020.


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“Liberal” Supreme Court Justice Breyer is retiring. Herees he joined “conservative” justices when deciding employment law cases are three tim

The Employer Handbook

Yesterday, several news outlets reported that Supreme Court Justice Stephen Breyer will retire at the end of this term. But did you know that some (or all) of the “conservative” justices joined in significant employment law decisions that Justice Breyer authored?

The 5 Employment Laws Every Manager Must Know

Cornerstone On Demand - Talent Management

Employment law is complicated and can have big repercussions for your company if employees fail to adhere to it—either out of ignorance or neglect. million to settle a lawsuit over unpaid overtime—a violation of employment law. While you can't expect everyone at your company to be experts in the law (that's why you should have an attorney on retainer), your managers should be trained on the basics. Here are the five crucial laws every manager must know.

Penalties for employment law violations just increased … again

HR Morning

The Department of Labor (DOL) and the Occupational Health and Safety Administration (OSHA), for the second time in just six months, are raising the penalties for employment law violations. . The Family Medical Leave Act (FMLA) penalty for violating the law’s posting requirements will increase from $163 to $166 for each separate offense — that’s after a jump from $110 this past summer.

The best employment law podcast is back! Tune in to the Hostile Work Environment podcast.

The Employer Handbook

So, Mark and his co-host Dennis decided to retire the podcast while they focused on their 9-5’s. Meanwhile, Marc is now refocused on starting his own law practice. So Marc and Kate together discussing employment law on a podcast is like peanut butter and jelly.

Bookmark This! How many employees must we have to be covered under certain employment laws?

The Employer Handbook

With so many employment laws out there, it’s not easy to keep track of what those laws say — let alone which ones you may have to follow. Also, I probably missed a few employment laws on this list. Employee Retirement Income Security Act (ERISA).

Kavanaugh appointment unlikely to skew employment law cases

Business Management Daily

Supreme Court, replacing retiring Justice Anthony Kennedy, it probably won’t signal a significant shift in how the court approaches employment law cases. The post Kavanaugh appointment unlikely to skew employment law cases appeared first on Business Management Daily. If Judge Brett Kavanaugh is confirmed to join the U.S.

Here’s why employment law violations are going to start costing even more

HR Morning

The FMLA penalty for violating the law’s posting requirements will increase from $110 to $163 for each separate offense. It’s increasing the penalties for employers who knowingly employ an unauthorized worker and employers who commit other immigration-related violations. Example: The minimum penalty for knowingly employing an unauthorized worker will increase from $375 to $539 per worker.

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. A] growing number of Americans are working without a safety net and have difficulty planning and saving for retirement, health care needs, or on-the-job injuries,” said Sen. 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.

What’s new with retirement legislation

Business Management Daily

That’s a dramatic drop in a very short time—a 71% decline since 1979, when about four in 10 workers could count on receiving a monthly check directly from an employer-funded pension when they retired. Almost all American workers now depend on defined-contribution plans such as 401(k)s and 403(b)s to fund their retirements. State and the federal government have been taking significant steps to make it easier for more employers to set up 401 (k) retirement plans.

Retirement: The Unique Status of California’s Largest Employer

HR Daily Advisor

In a recent case, the court of appeal agreed with a public university, which also happens to be one of California’s largest employer, that certain laws regulating the retirement status and rights of peace officers do not apply to the university under its own retirement plan—even after the university reversed its own practice of complying with those laws. In the view of the courts, the law is the law—even before any court issues a decision interpreting it.

DOL Proposal Can Help Small Employers Offer Retirement Plans, But Risks Remain

HR Daily Advisor

Department of Labor (DOL) is proposing a mechanism to help small businesses offer retirement plans to their employees, but although the proposal may ease the way for some employers, it doesn’t eliminate all complications. In announcing the proposal, Labor Secretary Alexander Acosta said the plans would provide “a simple and less burdensome way” for employers to offer retirement benefits. Which Employers Will Benefit? The U.S.

Company’s mandatory retirement policy cost it $47K

HR Morning

Professional Endodontics, an oral surgery practice in Michigan, had a policy requiring all employees to retire at age 65. Karen Ruerat worked for Professional Endodontics for 37 years, and had no plans to retire at 65. The EEOC filed a lawsuit , claiming this policy –and Ruerat’s firing– is a violation of the Age Discrimination in Employment Act (ADEA). Hyman says that many employers don’t realize that a mandatory retirement age is illegal.

Three Employment Law State Trends that Every Employer Should Know


We’re seeing momentum build around several areas of employment law, and during a recent webcast , I spoke about three: Paid Leave, Retirement Programs (“Auto-IRAs”) and fair scheduling. When states take the reins in the absence of a federal framework, employers – especially large, multi-state businesses – face an even greater challenge. But when others follow suit, the impact snowballs, leaving employers juggling up to 50 different requirements.

Forced retirement is an age discrimination no-no

Ohio Employer's Law

While not necessarily on point, this case does segue into an important issue—mandatory retirement. It’s still a fairly popular misconception that businesses can force employees to retire at a certain age. In truth, with the exception of a few limited circumstances, mandatory retirement ages are about as close to a slam dunk case of illegal age discrimination you can find. at age 55 for publicly employed firefighters and law enforcement officers.

How to steer clear of Age Discrimination in Employment Act lawsuits

Business Management Daily

Let’s take a closer look at the current laws governing age nondiscrimination so you can steer clear of potential lawsuits. Discrimination occurs when age is used as a factor in employment decisions such as hiring, promotions, and terminations. Staying on the right side of the law.

‘HRE’ seeks speakers for 2022 Health & Benefits Leadership Conference


Advertisement Conference organizers are looking for employers that are doing innovative things, solving big challenges and committed to helping employees in trying times—and that are willing to share their strategies, successes, challenges and lessons learned.

Court Ruling on CalSavers Means Employers of 50> Face Deadline


Do employers still need to register? The Howard Jarvis Taxpayers Association (HJTA) and two of its employees filed an action against the CalSavers Retirement Savings Program (CalSavers) ( HJTA v. 408(p) Savings Incentive Match Plan for Employees of Small Employers (SIMPLE) IRA Plan.

Is Disability Retirement ‘Honorable’ if Retiring Police Officer is Facing Termination?

HR Daily Advisor

After the internal investigation was completed and the notice of intent to impose discipline was sent, the officer’s lawyer tried to extend the deadline to respond to the notice so that the officer could complete an industrial disability retirement application for a recent back injury. Was the officer eligible for disability retirement if he was in the process of being terminated? Officer Applies for Disability Retirement While Recommendation Pending.

How a PEO Provides Growth Opportunities for Small Business

Tandem HR

It’s essential to attract and retain employees and remain compliant with the ever-increasing landscape of employment laws. PEO stands for Professional Employer Organization, which is a fancy term for an HR outsourcing partner. Retirement plans.

Protect your company with a sound termination policy

Business Management Daily

Regardless of whether the choice to terminate the employment relationship is the choice of the employee or the company, there are procedures that need to be set in place to make the process as smooth as possible for each party. Your employment at [Company] is considered “at-will”.

How can you transition older workers if you can’t force them to retire?

Ohio Employer's Law

The agency alleged that it violated the ADEA by maintaining a policy that required employees to retire at at 65. According to Kenneth Bird, regional attorney for the EEOC’s Indianapolis District Office, “December 2017 marked the 50th anniversary of the ADEA, Five decades later, the EEOC remains committed to vigorously enforcing that all-important law. Private employers need to understand that mandatory retirement policies run afoul of the ADEA and will be met with challenge.”.

Understanding Employee vs. Independent Contractor


Common law test: There are three specific, common law test questions that can help you identify certain aspects of the worker and can help classify them. Employees: Employees are workers who work directly for an employer or business.

Compliance Checklist: Federal Employment Laws You Need To Know At Every Stage Of Your Company’s Growth


Here’s a quick checklist of some major federal laws you’ll need to tackle at different employee thresholds in your growth. Employers must properly classify and pay employees a corresponding minimum wage, while following overtime and child labor standards. Employers may only hire those who can legally work in the United States and must maintain up-to-date I-9 forms for all employees. Employment Retirement Income Security Act (ERISA) , via DoL.

Big No-No: Questioning Employees about Their Retirement Plans

HR Daily Advisor

In all honesty, we would like him to retire because of the toxic attitude. May we ask him about his retirement plans? A No—asking employees about their retirement plans is not a good idea. While South Dakota doesn’t have any state statute prohibiting discrimination on the basis of age, the federal Age Discrimination in Employment Act (ADEA) is certainly alive and well. In fact, the ADEA, signed into law by President Lyndon B.

70 Is the New 65: Is the Retirement Age Increasing?


Are older employees financially prepared for retirement? workers ages 60 and older don’t plan to retire until age 70 or older, according to a recent CareerBuilder survey. Another 20 percent don’t know if they will ever be able to retire. Financial reasons typically are the top reason workers are postponing retirement, as older workers try to ensure a sufficient nest egg. Separations from employment must happen for reasons other than reaching a certain age.

New 1099-NEC forms: The myths and the need-to-know

Business Management Daily

Myth #3: Employees who do side work for their employers always get 1099-NEC forms. Reality: The general rule is that employees should receive W-2 forms for all of their work for the same employer. The employee retired or was terminated and returned to work in a different capacity.

HR record keeping requirements — stay in compliance

Business Management Daily

Human resource departments have extensive record-keeping obligations under the Fair Labor Standards Act ( FLSA ), the Family and Medical Leave Act ( FMLA ), the Occupational Safety and Health Act (OSHA Act), Title VII of the Civil Rights Act, and other state and federal laws.

W-2 vs. 1099: Which workers get which?

Business Management Daily

As the gig economy continues to expand, employers now more than ever need to possess a thorough understanding of the classification for each person performing services for the company. Employers retain Copy D in their records for a period of four years.

Monetizing employees may not be illegal, but it’s not a good practice

Business Management Daily

However, according to the Consumer Financial Protection Bureau , employees can become indebted to their employers for the cost of essential tools and employer-mandated training. It’s not uncommon for an employer to, say, pick up a new hire’s moving expenses and then to forgive the debt ratably over, say, five years. Payback agreements for mandated employer-provided training, however, aren’t quite the same thing as a voluntary fringe. Employment Law Labor Laws

The do’s and don’ts of ADA accommodations: 3 new rulings

HR Morning

Employers are facing more disability discrimination lawsuits than ever – despite their best compliance efforts. . Workers and employers can have a very different idea of how a disability should be accommodated. And while each disability needs to be evaluated on a case by case basis, several recent court rulings shed further light on employers’ ADA accommodation responsibilities. Sharbono was forced to retire, and he sued for ADA violation.

What to include in an employee termination form

Business Management Daily

There is no federal law requiring companies to issue a termination letter. As well, having a written notification of why the relationship between the employer and employee ended, is just good practice. Include information about health insurance, retirement, stock options, etc.

The ultimate employee termination checklist

Business Management Daily

You’ll want to provide any relevant end of employment paperwork digitally or in paper format. Retirement plan options. Contact information can be needed for sending tax forms and contact them about any post-employment agreements. Employment Law Termination

6 ways managers can be held personally liable in lawsuits

Business Management Daily

Many federal laws, such as the Americans with Disabilities Act and the Civil Rights Act of 1964, protect managers from personal liability lawsuits. However, some laws allow for personal liability, including the: Family and Medical Leave Act. Employment Law Labor Laws

Future Of Work 2018: 10 Predictions You Can’t Ignore


Consequently, the basic challenges of HCM are constant: getting the right people in the right roles and providing them with the right work environments while complying with employment laws. This concept is changing due to shifting skill shortages, global labor pools, and a massive rise in virtual work and contract employment. Companies will ditch all-or-nothing retirement. The start of winter is often referred to as the “holiday season.”

Be Aware of Common Mistakes in Employee Retirement Plans

HR Daily Advisor

Employee benefits and retirement plans must comply with various laws and regulations to maintain their tax-qualified status. Many employers regularly perform voluntary plan audits that can uncover errors. Below are some of the most common employee benefits and retirement plan mistakes. Some employers hire a third-party administrator (TPA) to manage their plan. Occasionally, an employer fails to comply with the specific IRS rules on how to fix a failure.

Simple sample termination letter to an employee templates

Business Management Daily

Benefits to discuss include retirement and health insurance through the COBRA program along with what happens to the vacation days and sick days they’ve accumulated. Last day of employment. Termination of employment without cause letter sample. Employment Law Termination

Should Millennials Be Concerned About Age Bias – Ask #HR Bartender

HR Bartender

The regular conversations about generations in the workplace raise an issue for candidates, employees, and employers – age bias. Jon is also the author of the Ohio Employer’s Law Blog , which is in the American Bar Association’s Blawg Hall of Fame and which the ABA has recognized for the past six years as one of the top 100 legal blogs. we have a law protecting people from age discrimination.

CalSavers Large Employer Registration Deadline Extended


The deadline for eligible employers with more than 100 employees to register for the CalSavers program has been extended to September 30, 2020. As previously reported , eligible employers had to register by a certain date, which was determined by how many employees they had.