Category Archives: News

PER Human Resources – July 2020

PER Human Resources – July 2020

 

 

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!

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

 

Copyright © 2020 ePlace Solutions, Inc., All rights reserved.

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.

 

PER Human Resources – June 2020

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.

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

Copyright © 2020 ePlace Solutions, Inc., All rights reserved.

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.

 

PER Human Resources – May 2020

PER Human Resources – May 2020

 

 

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!

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?
  1. A 3rd shift employee who is home during school hours.
  2. An employee who requests leave to care for his grilfriend’s child.
  3. An employee working from home with a 17-year old.
  4. 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.)

FFCRA Leave for School Closures Even During Summer Break? YES!

Are employees entitled to FFCRA leave to care for a child whose school is closed even during summer break when school would not be in session?

 

FEDERAL UPDATES

Returning Employees to Work

CDC Adds 6 More COVID-19 Symptoms to Watch For

EEOC: Employers Can Administer COVID-19 Test to Employees

Employer Obligations Surrounding Face Masks/Coverings in the Workplace

FFCRA Handbook Policies and Leave Request Forms

Updated: FFCRA Documentation to Support Leave and Obtain Tax Creditsce

STATE UPDATES
California
California Mandates COVID-19 Paid Sick Leave for Food Sector Workers

Connecticut:
Employer Extension for Connecticut Sexual Harassment Training

New Jersey:
Amendments to New Jersey’s Mini-WARN Act Provides Much Needed Relief to Employer’s Due to COVID-19 Pandemic

Pennsylvania:
Termination in Pennsylvania New Employee Notice Requirements and EMPLOYER Relief

Copyright © 2020 ePlace Solutions, Inc., All rights reserved.

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.

 

PER Human Resources – April 2020

PER Human Resources – April 2020

 

COVID-19: A Message to Our Members

We have been closely monitoring the COVID-19 pandemic and changes to state and federal law affecting your obligations as an employer. The rapidly changing situation has caused much uncertainty for your business and many of you have had to furlough or layoff your workforce for a yet-to-be determined period. Our hearts go out to all affected as we continue to see the number of infections rise across the county and businesses having to make tough decisions about their operations. While these are uncertain times, you can be certain of our unwavering commitment to provide you the best risk management services you have come to rely on and trust.

We remain available to assist you with questions regarding:

  • New state and federal paid sick leave and family leave laws recently passed
  • What you can ask employees about COVID-19 symptoms or their potential exposure
  • Whether you can take employees’ temperatures or send sick employees’ home
  • Your obligations when furloughing/laying off employees
  • Any other HR-related questions

We are here to support you and your business

The New Federal Paid Sick Leave and Expanded FMLA Leave in Practice

As you are aware from our Compliance Alert emails the last two weeks, under the Families First Coronavirus Response Act (FFCRA) all employers with fewer than 500 employees are required to provide employees with 10 days of paid sick leave and 12 weeks of expanded FMLA leave with 10 of those weeks paid.

Examples of FFCRA in Action

Federal/All States
COVID-19 and OSHA: Exposure in the Workplace

DOL Issues Guidance Clarifying Questions About FFCRA

DOL Non-Enforcement Period For FFCRA

EEOC Guidance For Navigating the ADA During the COVID-19 Pandemic

FFCRA Documentation to Support Leave and Obtain Tax Credit

FFCRA Model Notice to Employees

FFCRA Small Business Exemption

UPDATED: Compliance Alert: Families First Coronavirus Response Act

UPDATED: COVID-19: Taking Employee Temperatures

Copyright © 2020 ePlace Solutions, Inc., All rights reserved.

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.

 

PER Human Resources – March 2020

PER Human Resources – March 2020

 

 

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!

Retaliation: Recognizing A Hidden Threat in The Workplace

 

Retaliation claims are the “sleeper cells” of employment litigation. Camouflaged as an innocuous act, the retaliation claim typically remains dormant until activated by another, more egregious act. Are you able to successfully identify potential retaliation claims in your workplace? Consider the following. . .*

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

Bickering Managers + Sexual Harassment Complaint = 1 HR Headache

You have two management level employees who are constantly arguing. It is no secret they would each like to see the other fired. You heard a rumor they almost went to blows about a scheduling issue and their screaming match was witnessed by other employees and customers. Before you get a chance to talk to them. . .

Read more

FEDERAL UPDATES
DOL Issues Final Rule on Joint Employers

The Coronavirus and the Workplace

STATE UPDATES
California
California Employers: Make Sure Your Wage Statements Have Your Legal Name

California Required to Pay Employees for Time Spent Undergoing Security Checks

Colorado:
Colorado Issues New Wage Order 36

New Jersey:
Final Regulations for New Jersey Earned Sick Leave Law

New Jersey Gives Job Protection to Organ and Bone Marrow Donors

New Jersey’s New Wage Statement Requirement

New Jersey WARN Law Greatly Expanded

Copyright © 2020 ePlace Solutions, Inc., All rights reserved.

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.

 

PER Human Resources – February 2020

PER Human Resources – February 2020

 

February 2020

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!

Protecting Pregnant Employees from Themselves – I Can Do That, Right?

 

Brenda has been working as a construction worker for 10 years installing drywall. When she found out she was pregnant, she was hesitant to tell her employer and knew it was only a matter of time before her co-workers would notice she was pregnant and not just gaining weight. After telling her boss, he said she had to go on leave, immediately. “But, why? I’ve never felt better,” Brenda responded. “Because I don’t want to be responsible for you or your unborn child being hurt,” he replied. *

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

HR Myth

The HR world has no shortage of myths regarding what employers can and can’t do. Here is one we frequently see:

Myth: If an employee exceeds an employer’s policy on the maximum number of absences, the employer can discipline the employee, regardless of the reason for the absence.

Learn the Facts

FEDERAL UPDATES
New Case: Employees Don’t Need to Request “FMLA” Leave to be Protected

U.S Department of Labor announces update to the Fair Labor Standards Act – Regular Rate of Pay

STATE UPDATES
California
California Employers: Additional Flexible Spending Account Notices Now Required

District of Columbia:
DC Employers Must Post Notice of Paid Family Leave by February 1, 2020

Massachusetts:
Massachusetts: Think Your Employees Are Exempt from Premium Pay on Sundays? Maybe Not

New Jersey:
New Jersey Expands Medical Marijuana Protections

New York:
New York State Salary History Ban Guidance – Eliminating Pay Inequalities Between Men, Women, and Minorities


Copyright © 2020 ePlace Solutions, Inc., All rights reserved.

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.

 

PER Human Resources – January 2020

PER Human Resources – January 2020

 

January 2020
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 investigated a seemingly straight forward issue only to learn the situation was more complicated than you ever imagined? Ever had an investigation where practically every person interviewed had a host of their own issues, complaints, and problems? This is exactly what happened to the HR Director in this month’s edition of HR Stories from the Frontlines.*

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/All States:
New Year, New Laws: January 1, 2020

California:
CCPA: Immediate Employer Requirements for Employees and Applicants
California Employers Still Uncertain If Mandatory Arbitration Agreements Are Legal
California Workplace Discrimination Statute Extended to Three Years

New Jersey:
New Jersey’s CROWN Act

New York:
New York Eliminates Tip Credit for All But Hospitality Industry Workers

Virginia:
Virginia Passes Restrictions on Employee Nondisclosure and Confidentiality Agreements for Sexual Assault

Washington:
Washington Paid Family and Medical Leave Benefits Become Available for Employee Use

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

Bible Study Groups in the Workplace:

Question
Is praying in the workplace or conducting bible study in the workplace prohibited by law?

View the answer


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.

 

PER Human Resources – December 2019

PER Human Resources – December 2019

December 2019

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!

He-Said-She-Said . . . Finding Out What Really Happened

HR Stories From The Front Lines*

Have you ever received a “he said-she said” sexual harassment complaint? Did you reach a conclusion about what really happened? read ahead to learn how one HR Director responded to an employee’s complaint of a manager exposing himself. . .*
(*These incidents really happened; but names and other details have been changed.)

 

Stay Up to Date on the Latest Employment Legal Updates

STATE UPDATES

Illinois:
Illinois Living Donor Protection Act Goes Into Effect January 1, 2020

Maine:
Maine Employers Cannot Ask for Applicants’ Social Security Numbers

Nevada:
Nevada Paid Leave Guidance Issued by the Lead Commissioner

New York:
New York Employers May Face Civil Action if They Discriminate Based on “Reproductive Health Decision Making”
NYC Extends Protections Against Discrimination, Harassment and Retaliation to Independent Contractors and Freelancers

Oregon:
New Oregon Pregnancy Accommodation Laws
Oregon Limits Employer Use of Nondisclosure Agreements

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

Question
Everyone is Depressed Sometimes. . .
Why should I have to provide reasonable accommodation for depression?

View the answer

Brain Teaser

In the five years he has worked for the Dreamscape Resort, Alfred (the Resort’s Bookkeeper), has been a nightmare employee. He calls out excessively and, when he does come to work, he routinely arrives late. In addition, Alfred has performance issues and regularly argues with his supervisor.

While reviewing Alfred’s personnel file, Melissa (the Resort’s HR Director) realized Alfred lied on his employment application. The application states Alfred worked for Roving RVs for 10 years, but Alfred’s LinkedIn profile says he only worked there for 5 years.

The application contains the following statement:

I understand any omission or misstatement of material fact on this application or on any document used to secure employment shall be grounds for rejection of this application or for immediate discharge if I am employed, regardless of the time elapsed before discovery.

Can Melissa terminate Alfred for lying on his application?

  1. Melissa is good to go. He lied – fire away.
  2. Melissa has not reviewed every employee’s application and terminated every employee whose application contains a lie. Instead, Melissa should go through the normal disciplinary action to address the poor performance and behavioral issues.
  3. This statement says “. . .regardless of the time elapsed before discovery.” Even though it’s been a while, this statement gives the company the right to terminate.

View the answer.

 


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.

PER Human Resources – November 2019

PER Human Resources – November 2019

 

 


PER Human Resources – October 2019

PER Human Resources – October 2019

October 2019
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!

“Reality TV” at Work
HR Stories From The Front Lines* 

What do you do when your manager’s intoxicated girlfriend confronts him at work about his affair with another woman? The catch … both women are current employees, subordinates of the manager, and one is pregnant.*

Read on

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

 

Stay Up to Date on the Latest Employment Legal Updates

FEDERAL UPDATES

Are School Meetings Covered Under the FMLA? The Answer Might Surprise You
U.S. Department of Labor: Final Rule for Salary Threshold and Highly Compensated Employees

STATE UPDATES

California:
California Sexual Harassment Training Extension

Illinois:
Illinois Employees to Get Personal Panic Buttons
This is Not a Drill Anti-Harassment Training is Mandatory in Illinois

New York:
New Law: New York Workplace Amendment Protects Religious Attire and Facial Hair
New York Domestic Violence Victims Gain Stronger Discrimination Protections

Washington:
Washington’s Supreme Court: Obesity is a Disability


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

Question #1
I am the HR manager of a family-owned business with several different entities – each of which is a separate corporation owned by the family. In recent months, I have noticed a trend of former employees applying for positions at one of the other locations and some of these former employees are not subject to rehire at their previous location. To avoid this problem, can I provide a report of former employees who are not eligible for rehire to the managers of our other locations?

Question #2
Is it legal for a company to hire a new employee and put them on a 3-month probation period to see if the worker and the job are a good fit and if not a good fit is that grounds for termination?

View the Answer

Brain Teaser

You had an employee who started work for you in 2017. She was a good employee until last spring and that was reflected on her reviews. She started slipping in her performance in April. She missed deadlines, became sloppy with her work, and overall was not performing as she had in the past. You talked to her, but there wasn’t any documentation. She knew what she was doing wrong; she was just being careless. She told you she’d improve, but she didn’t. Recently, she asked for a few days off to attend a convention for her church. You let her go, but it didn’t help matters; her performance continued to slide. While she was out, you found a significant error she’d made which impacted a customer. You’d finally had it and terminated her. From your perspective, it shouldn’t have been a surprise; you had been talking to her about the problems for a while. You were shocked when you received a charge from the EEOC claiming discrimination based on religion. You didn’t fire her because of her religion; she wasn’t doing her job! You tried to explain to the EEOC. How did they respond?

Choose the best answer.

  1. They completely understood. Once you explained the course of events, they could understand why she needed to be terminated and dismissed the charge.
  2. They asked you and her supervisor a lot of questions. It seemed they were looking for ways you’d discriminated against her, making implications you didn’t feel were accurate. It was very frustrating. You didn’t feel it went well, and you don’t know what will happen next.
  3. They asked to see documentation of her performance problems. They wanted to see evidence you’d talked to her. They asked if she was disciplined for her behavior – in writing. They asked a lot of questions about her absence, and why you terminated directly after it. In the end, they concluded you had discriminated against her, and her termination was retaliation for taking the time off to attend her church conference.
  4. You hired a lawyer and spent tens of thousands of dollars to defend yourself. It got ugly and you didn’t win.

View the answer.

 

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.