CALL TOLL FREE TODAY

888.599.4991

In The News

PER Human Resources – July 2017

July 2017
Want to know the latest buzz in the HR arena?  Professional Employer Resources has a world of information in our newsletter. Not only is it fun it’s resourceful! Including, important changes to federal and state employment practices.

Eighty five percent (85%) of all employment lawsuits can be prevented!

Sick on Monday Again! Handling Employees Who Rewrite the Workweek
HR Stories From The Front Lines* 

One of the most frustrating aspects of managing employees involves dealing with an obviously bogus excuse for being absent, showing up late, or not showing up at all. What’s the best way to address the liar?
Read on to see how one HR professional handled a habitual liar the right way.

Let’s join “HR Stories from the Frontlines” in progress.

Read more

(*These incidents really happened; but names and other details have been changed.)

 

Stay Up to Date on the Latest Employment Legal Updates

FEDERAL UPDATES
New NLRB Ruling = Cautionary Tale for Employers
DOL Overtime Rule Update – R.I.P. Overtime Rule?
Further Clarification Regarding The DOL Overtime Rule
Good News for Franchisors – DOL’s Joint Employer Guidance Has Been Withdrawn
The Cost Of An Accommodation Does Not Make it Unreasonable – Even if the Cost is $120K

STATE UPDATES
All States: 2017 Minimum Wage Mid-Year Check-Up
All States: New Laws Effective July 2017
Arizona: Arizona Employers – Are You Prepared For The New Paid Sick Time Law?
Arizona: Industrial Commission of Arizona Issues Additional Paid Sick Leave FAQs
California: New DFEH Regulations Regarding Criminal Background Checks Effective July 1, 2017
California: Wage Statement Obligations Clarified for California Employers
California: A New Take Regarding When California Law Applies To Non-Residents
Delaware: NEW LAW – Delaware Prohibits Past Salary History Inquiries
Florida: NEW LAW – Florida Passes Medical Marijuana Law
Illinois: Cook County Employers – Are You Prepared For The New Earned Sick Leave Ordinance?
Massachusetts: Violation of Massachusetts “Blue Laws” May Result in Triple Damages
Minnesota: Minneapolis And Saint Paul Employers – Are You Prepared For The New Sick And Safe Leave Laws?
Nevada: NEW LAW – Nevada Pregnant Workers’ Fairness Act
New York: New Wage and Hour Restrictions For NY City Fast Food And Retail Industry Employers
Texas: NEW LAW – Texting While Driving Now Unlawful in Texas
Vermont: NEW LAW – Vermont to Require Accommodations for Pregnant Employees
West Virginia: NEW LAW – West Virginia Medical Cannabis Act
West Virginia: NEW LAW – West Virginia Safer Workplace Act Goes Into Effect July 7, 2017
Wisconsin: NEW LAW – Wisconsin Updates Child Labor Law Requirements


Do you have an HR question keeping you up at night?
The following questions were submitted to our HR Professionals in the past month …

Question #1
We have a client who provides different cell phone reimbursements to their employees. Owners and managers receive $100 per month while everyone else receives $50 per month.
Is this an acceptable practice or should all employees receive the same amount?

Question #2
An employee recently told us he was unable to make deliveries to a medical facility because he is a germaphobe.
Yesterday, this employee reported to work unshaven and not wearing the required uniform. This is a violation of company policy. How should we handle this situation?

View the Answers 

Bickering Managers + Sexual Harassment Complaint
= 1 HR Headache

 

Brain Teaser

You have two management level employees (Brad and Jennifer) who are constantly arguing. It is no secret they would each like to see the other fired.

You heard a rumor that they almost went to blows about a scheduling issue and their screaming match was witnessed by other employees and customers. You plan to bring them both into your office and discuss their behavior and discipline them for their unprofessional behavior.

Before you get a chance to talk to them, Jennifer comes to your office and complains that two former employees abruptly quit because Brad had created a hostile working environment. Jennifer claims Brad sexually harassed these employees and he had propositioned one of the former employees in exchange for a raise.

What should you do?

  1. Do nothing about the sexual harassment complaint since the complaint is hearsay about former employees and continue with the planned meeting regarding the managers’ unprofessional behavior;
  2. Do nothing about the sexual harassment complaint since the complaining manager is not credible and discipline them both for their unprofessional behavior;
  3. Investigate the sexual harassment and continue with the planned meeting with both managers about their behavior.
    Regardless of the outcome of the meeting with the managers, you cannot discipline the female manager because she brought a sexual harassment complaint to your attention;
  4. Investigate the sexual harassment complaint and address the unprofessional behavior of both managers.
    Upon completion of the meeting with the managers, take whatever disciplinary action is appropriate.

View the answer.

 

 

The Key to Managing the Unmanageable Leave
HR Trends

What is a company required to do when an employee fails to return to work after a leave of absence, but won’t respond to the HR Director’s repeated attempts to contact the employee?
Can the company simply claim that the employee has abandoned their job? Is the company allowed to replace the employee?

Read More.


This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.

Opt out of receiving similar emails in the future.

PER Human Resources – June 2017

June 2017
Want to know the latest buzz in the HR arena?  Professional Employer Resources has a world of information in our newsletter. Not only is it fun it’s resourceful! Including, important changes to federal and state employment practices.Eighty five percent (85%) of all employment lawsuits can be prevented!

Rising Above the HR Investigation Nightmare
HR Stories From The Front Lines* 

Have you ever investigated a seemingly straight-forward issue only to learn the situation was more complicated than you imagined?
Where practically every person interviewed had a host of their own issues, complaints and problems? Discover how one HR Director rose above the chaos and confustion to complete her investigation.
Read more

(*These incidents really happened; but names and other details have been changed.)

 

Stay Up to Date on the Latest Employment Legal Updates

FEDERAL UPDATES
Could Your Organization Potentially be Accused of Employment Discrimination?
“He Didn’t Say Hi To Me!” The Reality Of Retaliation
Court Finds Employee’s 4-letter Word Facebook Rant is Protected Concerted Activity
HELP! My Employee Keeps Submitting Ambiguous Doctor’s Notes Extending Her Leave of Absence!
New EEOC Lawsuit Reminds Employers To Avoid Discriminatory Practices
Non-Union Employees Right to a Witness during an Investigation Finally Resolved

STATE UPDATES
Alabama: Workers’ Compensation Act Is Unconstitutional
Arizona: Proposed Regulations for Arizona Paid Sick Leave Published
California: Clarifies its Paid Sick Leave Frequently Asked Questions
California: “Day of Rest” Statute Clarified
California: DFEH Publishes a Revised Sexual Harassment Brochure For California Employers
California: Attention California Employers — The California Wage Orders Have Been Updated
California: Hot Off the Presses – New Workplace Guidance for CA Employers
Georgia: Coming Soon – “Family Caregiver” Leave
Georgia: Localities Requiring “Predictive Pay” Prohibited in Georgia
Indiana: Localities “Banning The Box” Is Banned In Indiana
Rhode Island: New Medical Marijuana Case Impacts Rhode Island Employers
Wisconsin: Wisconsin Employers Beware – Disciplining an Employee for Misconduct Caused by Disability Can be Discrimination


Do you have an HR question that has been keeping you up at night?
The following questions were submitted to our HR Professionals in the past month …
Question #1
We approve a lot of unpaid time off around here. In fact, we have approved over 1,100 hours of unpaid time off since 1/1/17. That’s way too much!

The flip side of our savings in unpaid wages is a loss of productivity as this practice puts a burden on other employees and on operations in general.

Can we impose a penalty for taking unpaid time off? Negative vacation accrual? No bonus at year end? What are we able to do to get a handle on this problem?

Question #2
We have an employee that has an old football injury. He said he did some research and he feels that a stand-up desk could be helpful to him.
He is inquiring as to whether the firm will buy this for him and, if not, if he can purchase one on his own. What would you recommend?

View the Answers

Religious Accommodation in the
Communal Refrigerator?

 

Brain Teaser

QTPi Production Company provides employees with a refrigerator to use in the employee break room/kitchen.

Except for the occasional complaint, (e.g. “My leftover meatloaf is missing!”) there have not been any significant issues – until now.

Samuel, a new employee has gone to Susie, the HR Manager, and requested that the company prohibit employees from storing non-kosher meats in the lunch room refrigerator.
When Susie asks why, Samuel explains his religious beliefs forbid him from storing his food with non-kosher foods.

Susie immediately recognizes that religious accommodations are required and jumps into action.
Susie assures Samuel that the company will make the change immediately. After Samuel leaves, Susie prepares a sign, “NO MEAT ALLOWED IN REFRIGERATOR – effective immediately” and sticks it to the refrigerator.

Within minutes, Susie’s in-box is full of emails from other employees complaining about the new policy.

What, if anything, should Susie have done differently?

  1. Nothing.
  2. Speak with Samuel about his religious beliefs to determine if there is a solution that will satisfy him and other employees.
  3. There is no reason to talk to Samuel any further. Take the sign off the refrigerator and buy him a small refrigerator where he can store his food.
  4. Send a reply to the complaining employees and explain that they should take up their issues with Samuel. After all, it was his request.

View the answer.

 

 Avoid These Top Mistakes in
Your Employment Application

HR Trends

Is your organization hiring in the near future? Do you plan to use a job application to vet your applicants? To assist you in the preparation of your employment application, we have compiled a list of the top 10 mistakes organizations make in job applications.
Review this list before preparing your next application.

Read More.


This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.Opt out of receiving similar emails in the future.

PER Human Resources – May 2017

May 2017
Want to know the latest buzz in the HR arena?  Professional Employer Resources has a world of information in our newsletter. Not only is it fun it’s resourceful! Including, important changes to federal and state employment practices.

Eighty five percent (85%) of all employment lawsuits can be prevented!

Excuses Don’t Fly When It Comes
To Sexual Harassment
HR Stories From The Front Lines*

 

Employers that rarely encounter claims of inappropriate behavior or sexual harassment can be stumped on how to proceed or what to do when they receive this information. In some instances, these employers may consider “excusing” an employee’s conduct because, under the circumstances (e.g. the employee’s age, sexual orientation, etc.), the employee could not have intended to engage in sexual harassment. However, this tactic will likely result in a sexual harassment claim. Read ahead to learn how our HR Professionals saved two employers from a potential lawsuit.

Read more

(*These incidents really happened; but names and other details have been changed.)

 

Stay Up to Date on the Latest Employment Legal Updates

FEDERAL UPDATES
EEOC Reminds Employer that an Employee’s Request for Religious Accommodation is a Protected Activity Under Title VII
Even Mickey Mouse Isn’t Immune to Wage and Hour Missteps
Remember Employers – Religious Accommodation is Not Optional
An Expensive Seat at the Table for Abercrombie and Fitch Co. Inc.
The Verdict Is In — Sexual Orientation is a Protected Class Under Title VII
“Magic Words” Are Not Necessary When Requesting FMLA or Reasonable Accommodation
UPDATE – DOL Overtime Rule
Houston Manufacturing Facility Learns a $150K Lesson About Religious Discrimination and Retaliation

STATE UPDATES
California: DFEH Publishes a Revised Sexual Harassment Brochure for California Employers
California: Important California Bill to Watch – AB 1565
California: California Healthcare Employers – Are You Complying with the New Workplace Violence Safety Order?
California: Employers – Are You Complying with California’s Meal and Rest Period Law?
Connecticut: Employers – Do You Consider Your Delivery Drivers Eligible for a “Tip Credit”?
Connecticut: Clarification on Independent Contractor Classification for Employers
Iowa: New Law Prohibits Local Municipalities from Enacting Local Minimum Wage
Maine: High Times in Maine? Not Until February 2018
Michigan: New Michigan Civil Rights Poster
New Mexico: Good News for New Mexico Employers – No Increased Minimum Wage for 2018
Nevada: Good News for Nevada Employers – No Increased Minimum Wage for 2017
South Carolina: New Law Prohibits Local Municipalities from Passing Paid Leave Requirements
South Carolina: Employer Learns a $45 Million Lesson About Retaliation
Texas: Texas Roadhouse Learns a $12 Million Lesson About Age Discrimination


Do you have an HR question that has been keeping you up at night?
The following questions were submitted to our HR Professionals in the past month …

Question #1
We have an employee who will be returning from non-FMLA maternity leave. I have two questions regarding breast feeding breaks:

  1. How much time should be alloted, in terms of frequency and length of time, to accommodate the employee to breast feed?
  2. Would a doctor’s note be required for breast feeding breaks?

Question #2
My employee has been out of work since February 9, 2017. Yesterday, she brought me a doctor’s note stating that she will need to be off work for another 4 weeks at least, which will be around May 10, 2017 at the earliest.
At this point we need someone to do her job. This employee is not eligible for FMLA, what are our options?

View the Answers

Double Dipping

 

Brain Teaser

Suzy, the payroll manager at Dot’s Ice Cream, came across an interesting problem while reconciling the company’s bank account after the last payroll. She noticed that one of the employees, Joe, had cashed his paycheck twice.

The first time, the check was cashed through a mobile banking app; and the second time, the check was cashed at a check cashing store. After speaking with the check cashing store and reviewing their surveillance footage, Suzy confirmed that Joe had cashed the check.

Suzy then asked Joe about the transactions and he could not provide a reasonable explanation. His only response was “Oops!”

Based on the evidence, Suzy concluded Joe had intentionally cashed his paycheck check twice and recommended that Joe’s employment be terminated. While the owner agrees with Suzy’s recommendation, he also wants to deduct the “overpayment” from Joe’s final paycheck?

Can the company recoup the double payment?

  1. No. The bank made a mistake by allowing Joe to cash his paycheck twice. Joe cannot be penalized for the bank’s error.
  2. No. The company should file a police report and recoup the stolen monies from Joe using the legal system.
  3. It depends on the location of the business. Before making any deduction, Suzy should check the laws in her state to see if such a deduction is permissible.
  4. Yes. By cashing his paycheck twice, Joe stole from the company and the company may recoup its losses.

View the answer.

 

Handling Suspected Drug/Alcohol
Use in the Workplace
HR Trends

To date, 29 states (plus Washington DC) have legalized marijuana use for medicinal and 8 states (plus Washington DC) have legalized marijuana use for recreational purposes. In light of this trend, employers are concerned about em-ployees reporting to work under the influence of marijuana and looking for ways to handle this growing problem. Read ahead for best practices on handling suspected drugs and/or alcohol use in the workplace.

Read More.


This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.

Opt out of receiving similar emails in the future.

Testimonials

With PER you feel like family. All of the personnel are always willing to help. Every time I call, I never hang up dissatisfied. They have my back in times of distress.

Tracy - Manager - Real Estate Management Company - Orlando, Florida

More Testimonials