Category Archives: News

News

PER Human Resources – February 2021

February 5, 2021 christina.vines

PER Human Resources – February 2021

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!

Implement an Employee Complaint Hotline and Update Your Handbook Now

The employee complaint intake process is a critical part of an employer’s efforts to address misconduct. Your employee should connect to a live person on every call and you should be immediately notified about the complaint so you can address the issue before it festers into a claim!

Once a complaint hotline is implemented, be sure to update your employee handbook complaint reporting procedure with the hotline number.

Myth: If federal, state, and local laws conflict on an issue, the employer gets to choose which one to follow.

Get the Facts

FEDERAL UPDATES

CDC Releases Guidance On COVID-19 Testing in the Workplace

DOL Opinion Letter: OT Rate When Restaurant Employee Works Two Different Jobs

EEOC Releases Claim Stats for 2020 – And How You Can Avoid Becoming One in 2021

New Case: Employers Cannot Contractually Shorten the Statute of Limitations for ADA or ADEA Claims

OSHA COVID-19 Guidance in Response to Presidential Executive Order

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.

News

PER Human Resources – January 2021

January 8, 2021 christina.vines

PER Human Resources – January 2021

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

Welcome to 2021! New Year,
New Laws – Get Informed

Congratulations on making it through 2020 and navigating the employer minefield that is COVID. Running a business during a pandemic is not for the faint of heart. While we are beginning to see a twinkling of light starting to glow at the end of the pandemic tunnel (perhaps?), employers once again have a host of new employment laws that come with the ushering of a new year.

Read on to be sure you are up to date in your state!

Q: Was the Families First Coronavirus Response Act (FFCRA) extended when the federal government signed the Coronavirus Relief Bill?

Get the Answer

FEDERAL UPDATES
DOL Issued Guidance on Posting Requirements For Remote Workers

DOL Issues Final Rule on Tips and Tip Credits

Families First Coronavirus Response Act – Voluntary Extension

STATE UPDATES
Colorado:
Colorado Ban the Box Law

Connecticut:
Connecticut Sexual Harassment Prevention Training Deadline – February 9

News

PER Human Resources – December 2020

December 14, 2020 christina.vines

PER Human Resources – December 2020

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

Can You Make Your Workplace COVID-Free and Safe by Requiring Employees to Vaccinate?

Employers across the nation are considering whether they can make their workplaces COVID-free and safe by requiring employees to be vaccinated. Requiring employees to get certain vaccines is standard in some industries, such as the healthcare sector. However, whether it is right for your business necessitates careful consideration of issues, including whether you could be liable for adverse side effects.

Read on to learn more.

Myth: Employees who quit are never entitled to unemployment benefits.

Get the Facts

FEDERAL UPDATES
Employee’s Lawsuit Under the ADA Does Not Require Proof of an Adverse Action

STATE UPDATES
California:
California: New CCPA Amendment Protects Employees, Applicants, and Independent Contractors From Discrimination

Employer Action: Cal/OSHA COVID-19 Emergency Temporary Standards

Colorado:
New Colorado Paid Family and Medical Leave

Michigan:
COVID-19 Protections That Michigan Employers and Employees Need to Know About

News

PER Human Resources – November 2020

November 9, 2020 christina.vines

PER Human Resources – November 2020

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

Handling COVID-19 Positive Cases in the Workplace

Employers must ensure they take all necessary steps to protect the identity of any employee who has tested positive for the coronavirus. Various laws protect against the release of this information. Thus, while employers should inform any affected coworkers of their possible exposure in the workplace, they should not reveal the identity of the employee(s) who tested positive.

Use our Responding to a Positive Coronavirus (COVID-19) Test Checklist and Contact Tracing in the Workplace Form to assist with properly handling the situation.

Read on and download these important tools for your workplace.

Ask The Expert

Q: I have an employee who tested positive for COVID-19. I donâ€™t want to violate the employeeâ€™s privacy rights but need to alert other employees and third parties about their potential exposure. What am I able to tell these other employees and third parties?

Get the Answers

STATE UPDATES
California:
California Changes Restrictions on Using Criminal Records in Employment Decisions

California Requires COVID-19 Workplace Exposure Notice and Reporting

Maryland:
Maryland Employers Cannot Prohibit Employees From Discussing Wages

Pennsylvania:
Pennsylvania Increases Salary Threshold For Exempt Employees; Amends Duties Tests

Wisconsin:
Wisconsin Amends Separation Notice Requirements

News

PER Human Resources – October 2020

October 13, 2020 christina.vines

PER Human Resources – October 2020

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

Employees Exhausted COVID-19 Leave Options… Now What?

Since the FFCRA went into effect on April 1, 2020, several of your employees have taken leave for various reasons, whether due to having to care for family members under isolation orders, being sick themselves, or due to having to care for their child because the child’s school or place of care was closed. What options are available to employees AND employers when FFCRA and company-provided sick leave are exhausted?

Read on to learn our HR Professionals advice.

Ask The Expert

Q: My child’s school is operating on an alternate day basis. May I take paid leave under the FFCRA in these circumstances?

Q: My child’s school is giving me a choice between having my child attend in person or participate in a remote learning program. If I choose remote learning, may I take paid leave under the FFCRA in these circumstances?

Get the Answers

FEDERAL UPDATES
Are Your Employees Still on Furlough? READ THIS

CDC Issues Guidance to Reduce Potential COVID-19-Related Workplace Violence

Is a Mandatory COVID-19 Vaccination Policy the Right Move for Your Business?

STATE UPDATES
Califonia:
Amendments to California’s Independent Contractor Test

California Employers – Sexual Harassment Training Deadline January 1

CFRA Applies to Employers with 5+ Employees, NAPL is Repealed

News

PER Human Resources – September 2020

October 13, 2020 christina.vines

PER Human Resources – September 2020

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

How to Handle Employees
Refusing to Wear a Mask or
Not Wearing it Properly

Your business requires its employees to wear a mask. There is an employee who refuses to wear a mask or wears the mask without covering both the nose and mouth, thereby defeating the purpose and violating the workplace policy.

How should employers handle these employees? What if the employee claims a medical condition?

Read on to learn our HR Professionals advice.

Myth:Employees must specifically ask for a “reasonable accommodation” for a disability.

Learn More

FEDERAL UPDATES
U.S. Department of Labor Announced Telework Pay Guidance

STATE UPDATES
Georgia:
Georgia Requires All Employers to Provide Lactation Breaks

Kansas:
The Kansas Act Against Discrimination Prohibits LGBTQ Discrimination

Maryland:
Maryland Restaurant Employers Required to Provide Wage Statements to Tipped Employees

News

PER Human Resources – August 2020

August 10, 2020 christina.vines

PER Human Resources – August 2020

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

Requiring Employees to Quarantine After Personal Travel

Felicity, an employee, went on a pre-planned vacation midst the pandemic. Brooke, the manager, wants Felicity to quarantine away from their place of business for 14 days when she returns.*

Can Brooke make that requirement?
How does Felicity manage the financial effects of being away from work for vacation AND quarantine?

Read on to learn our HR Professionals advice.

(*These incidents are based on real cases. Names and other details have been changed.)

Can an employer require employees get tested for COVID-19?

It depends.

Learn More

FEDERAL UPDATES
Department of Labor has Issued New FMLA Forms

Generalized Fear of COVID-19 Does Not Justify Work Refusals

STATE UPDATES
Colorado:
ACTION REQUIRED: Colorado Mandates Paid Sick Leave

Florida:
Florida Requires E-Verify for Some Private Employers

New York:
ACTION REMINDER: New York Paid Sick Leave

South Carolina:
South Carolina Enacts Lactation Support Act

Virginia:
Virginia Requires Employer Action to Control Spread of COVID-19

News

PER Human Resources – July 2020

July 2, 2020 christina.vines

PER Human Resources – July 2020

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

When Joking Around
Goes Too Far

Jax Auto Repair is a fun and easy-going place to work. Employees work hard and they have a good time in the process. They’re often seen laughing and kidding around with one another. Sometimes, the language gets rough, but everyone knows it’s joking around, and no harm is meant.

One day, a verbal argument broke out between two employees. One employee was heard saying, My family is off limits. They’re here legally and so am I. That’s it. You’d better back off.

Recognizing the red flag, Read on to learn how the owner and HR reviewed the situation.*

(*These incidents are based on real cases. Names and other details have been changed.)

Can an employee claim harassment when offensive jokes or other conduct are not directed specifically at them?

An employee who is offended by jokes, pictures, or office banter about sex, race, sexuality, religion, age, or other protected class can claim harassment, even if the jokes, pictures, or other conduct were not directed at them.

Learn More

FEDERAL UPDATES
DOL Online Tool to Determine FFCRA Eligibility

EEOC Provides Return-to-Work and COVID-19 Antibody Testing Guidance Under Federal Civil Rights Laws

OSHA Revises Injury Reporting Guidance for COVID-19 Cases

US Supreme Court: LGBTQ+ Employees Protected Against Employment Discrimination

STATE UPDATES
Maryland
Maryland Amends Its Mini-WARN Law

Virginia:
Virginia’s New Pay Transparency Law

Washington:
Washington Lactation Accommodation – No Doctors Note Needed

Washington Paid Family and Medical Leave Act Amendments

News

PER Human Resources – June 2020

July 2, 2020 christina.vines

PER Human Resources – June 2020

Are You Ready to Bring Employees Back to Work?

Whether you have already brought some employees back to work or are just starting your planning, there are many factors to consider from workplace safety and reducing potential COVID-19 exposure, to notifying employees of their return date and changes in duties or pay, to properly handling employee requests for disability accommodations. To assist you with returning your employees back to work, we prepared a checklist with a template notice to send to employees, as well as guidance discussing key obligations employers must satisfy to ensure they are prepared to bring employees back. Access these documents below and contact our HR Professionals for additional assistance.

Checklist: Returning Employees to Work
Template Notice to Employees
Discussion on Returning Employees to Work

We are here to support you and your business

HR Myth

The HR world has no shortage of myths regarding what employers can and can’t do. Test your knowledge about reasonable accommodations.

Myth: Employees must specifically ask for a “reasonable accommodation” for a disability.

Learn the Facts

Federal/All States
CDC Does Not Recommend Using COVID-19 Antibody Testing to Make Return to Work Decisions

CDC Issues Detailed Guidelines for Reopening

DOL Changes the Retail and Service Establishment Overtime Exemption

OSHA Issues Alert on Social Distancing

STATE UPDATES
California:
California Employers Screening Employees for COVID-19 and Taking Temperatures Need a CCPA Notice

California Executive Order Creates Presumption COVID-19 Was Contracted at Work

New Jersey:
New Jersey Issued Required Workplace Poster Regarding Worker Misclassification

New York:
New York City Bans Pre-Employment Drug Testing

New York Paid Sick Leave – Employer Action Required Before September 30, 2020

Oklahoma:
Oklahoma Gives Employers Immunity from COVID-19 Employee Lawsuits

News

PER Human Resources – May 2020

May 8, 2020 christina.vines

PER Human Resources – May 2020

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

FFCRA Leave for School Closures and Child Care – What Do You Mean THAT Employee Gets It?!

Which of these employees are entitled to take Families First Coronavirus Response Act (FFCRA) leave to care for their child?

A 3rd shift employee who is home during school hours.
An employee who requests leave to care for his grilfriend’s child.
An employee working from home with a 17-year old.
An employee whose child is a disabled adult.

Answer: All of them!

Read on to understand the nuances of FFCRA leave for school closures and child care so you don’t end up getting investigated by the US Department of Labor.*

(*These incidents are based on real cases. Names and other details have been changed.)