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PER Human Resources – May 2019

May 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!

Don’t Ever Say This to a Pregnant Employee
HR Stories From The Front Lines*

Most people have good intentions, especially when accommodating the needs of a pregnant employee. Unfortunately, making recommendations for pregnancy leave without being asked for them can get you in hot water.*

Read on to learn how one employer mishandled this delicate situation and how you can avoid doing the same.

 

(*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 CASE: Hostile Work Environments Are Prohibited Under The Americans With Disabilities Act
NEW CASE: OSHA’s Review Commission Rules that Workplace Violence May Lead to Citations
NEW GUIDANCE: DOL Clarifies Circumstances Where Salary Basis Requirement Is Satisfied
What Can Companies Do To Prevent A Measles Outbreak In Their Workplace

STATE UPDATES
Arizona:
NEW LAW: Arizona Amends Its Wage Garnishment Law
Kentucky:
NEW LAW: Kentucky Employers May Make Signing An Arbitration Agreement A Condition To Employment
NEW LAW: Kentucky Passes New Pregnancy Accommodation Law

Maryland:
NEW LAW: Baltimore Employers Must Provide Lactation Accommodations To Nursing Employees

Massachusetts:
Massachusetts Court Has Determined that Employees Exempt from Federal Overtime Laws May Not Always Be Exempt from State Law
New Mexico:
NEW LAW: Gender-Neutral Restrooms Coming to New Mexico
NEW LAW: Kin Care Leave Coming to New Mexico
NEW LAW: New Mexico Becomes The Latest State To “Ban The Box”
NEW LAW: New Mexico Enacts The Safe Harbor For Nurses Act
NEW LAW: New Mexico minimum wage to increase to $12 by 2023
NEW LAW: New Protections for Medical Marijuana Users in New Mexico

New York:
NEW CASE: New York Appellate Court Reversal is a Huge Break for Health Care Companies
NEW GUIDANCE: Westchester County (NY) Releases FAQs And Model Notice For Earned Sick Leave Law
NEW LAW: New York Employees Get Three Hours Of Paid Voting Leave
NEW LAW: Reproductive Choices are Now a Protected Class in NYC
NEW LAW: NYC Passes Law Prohibiting Pre-Employment Drug Testing For Marijuana Use

Wisconsin:
NEW CASE: Wisconsin Supreme Court Clarifies Compensability Of Commute Home in a Company Vehicle


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
We are planning to install video surveillance in the workplace. Is posting a sign in the workplace considered sufficient notice of the surveillance to employees?

Question #2
We have an employee who has an extreme case of psoriasis and works in our deli department. Her skin condition makes it difficult for her to work around food due to health and safety requirements of the grocery store and deli. We have engaged in the interactive process with this employee, but none of the accommodations have worked. We even offered to switch the employee’s schedule so she can work the overnight shift in the warehouse instead of her usual day shift in the deli department. Do you have any other suggestions?

View the Answer

Sign This Write Up Or Else?

 

Brain Teaser

Every company has one, a difficult employee to deal with. They are late, insubordinate, poor performers and, well…just bad! To add insult to injury, you attempt to discipline this employee by writing her up. During your discussion, the employee exclaims, “I’m not signing that, it’s not true and I don’t agree with it!”

How should you handle this issue?

  1. You stop the meeting and shred the write up. What’s the point, she won’t sign it.
  2. Terminate the employee for not signing the write up. That’s insubordination.
  3. Write in “Refused to Sign” and date on the employee signature line. The disciplinary action is valid and in force.

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 April 2019

April 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!

Is an Off-Duty Lap Dance Request Cause for Alarm?
HR Stories From The Front Lines* 

Many employees moonlight to make ends meet, which is permissible as long as their other job doesn’t interfere with the workplace. What would you do if you learned that an employee’s second job caused one of your managers to engage in questionable off-duty behavior?*

Read ahead to learn how one HR Manager handled this unique situation.

 

(*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 CASE: Explains The Importance of Squashing Rumors And Gossiping At The Water Cooler
NEW CASE: Failing to Provide Lactation Accommodations Cost One Employer 1.5 Million Dollars
NEW GUIDANCE: DOL Clarifies FMLA Leave Use And Designation
NEW LAW: US DOL Increases the Penalties for Violations of Several Laws
New Tip Credit Rules – Give credit where credit is due
The DOL Publishes Proposed Rule Clarifying The Calculation Of The Regular Rate Of Pay
The DOL Strikes Back With Proposed Overtime Rule Version 2.0
The New Biometric Data Ruling You Need to Know About!
What is Your Company’s Definition of Outside Sales?

STATE UPDATES
California:
California Safeguards For Workplace Violence Investigations
Clarifying The New California Anti-Harassment Training Requirements (SB 1343)
Modern Timekeeping Warning: California Court Rules That Employee’s Imprecise Evidence Is Better Than Employer’s Lack Of Records
NEW CASE: 9th Circuit Court Appeals Rules Federal And State Background Check Disclosure Forms Are Required In California
NEW CASE: Explaining Compensable Time In California
NEW CASE: Ignoring Employees’ Sexual Harassment Complaints Costs One Employer $11 Million
NEW CASE: Limits Wage And Hour Liability For Payroll Service Providers In California
NEW LAW: Daly City Minimum Wage To Increase To $15 By 2021
NEW LAW: Fremont, CA Minimum Wage To Increase To $15 By 2020
NEW LAW: Pasadena, CA Minimum Wage To Increase To $15 By 2020
Maryland:
NEW LAW: Maryland Minimum Wage To Increase To $15 By 2025
Massachusetts:
Contingent Commissions Agreements Are Not Required to Be Paid Upon Termination Under the Massachusetts Wage Act
NEW GUIDANCE: Massachusetts Department Of Family And Medical Leave Publishes Paid Family And Medical Leave Employer Guide And Mandatory Workplace Poster
Michigan:
NEW CASE: The Michigan Court Of Appeals Reinforces Zero-Tolerance Workplace Rules
Minnesota:
NEW CASE: Minneapolis Minimum Wage Ordinance Upheld By Minnesota Court Of Appeals
Missouri:
NEW CASE: While Sexual Orientation Is NOT Protected, Missouri Supreme Court Holds Sex Stereotyping Violates Missouri Human Rights Act
New Jersey:
NEW CASE: New Jersey Federal Court Tests A Drug Testing Policy
NEW LAW: Important Changes To New Jersey Family Leave Act And The New Jersey Paid Family Leave Insurance Program
NEW LAW: Important Changes To New Jersey SAFE Act
New York:
Be In The Know: Sexual Harassment Training in New York And New York City
NOW AVAILABLE: NY City Online Anti-Sexual Harassment Training Program
NEW GUIDANCE: NY City Publishes Model Policy For NYC Lactation Room Law
NEW LAW: The Hair-Raising Adventures of Grooming Policies In New York City
Ohio:
NEW LAW: Cincinnati Passes Salary History Ban
Oregon:
NEW CASE: New Risk For Oregon Employers Encouraging Alcohol At After Work Gatherings
NEW LAW: Portland, Oregon Defends “Non-Believers”
Pennsylvania:
NEW LAW: Philadelphia Passes Predictable Scheduling Law
NEW LAW: Pregnancy Accommodation Now Required For Pittsburgh Employees And Partners
Washington:
Clarification For Washington Employers With Tipped Employees


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
Our company is currently experiencing a measles outbreak amongst our workforce. Are we able require employees stay home while they are contagious? Also, do you have any recommendations on steps we can take to prevent future outbreaks?

Question #2
We have a cook who recently returned from a medical leave of absence. The cook is on light duty, but we recently discovered that he is taking medication related to his recovery. We are concerned that the medication may have side effects (such as drowsiness or dizziness) that may place the employee in danger. What can we do to ensure that the employee remains safe at work?

View the Answer

Can You Ask This Question During An Interview?

 

Brain Teaser

You are interviewing for an all-night cashier/manager position at your convenience store. The candidate you are about to interview seems like a perfect fit for the job. She has managed other convenience stores and has no problem working the graveyard shift.

When this candidate comes in, you are quickly disappointed. You are not quite sure, but it appears she may be a few months pregnant. You are worried about her safety and the safety of her baby if she is pregnant. You want to make sure she’s able to do the job. In addition, it has been really hard to find someone to fill this position. Having her leave for a few weeks, after being newly hired would be a hardship on your business.

How should you handle this issue?

  1. You have the right to ask, especially if she’s going to take time off immediately after you hire her.
  2. You cannot ask a woman if she’s pregnant. This is discrimination.
  3. OSHA requires you to keep your employee’s safe. This job can be dangerous. You cannot put her safety at risk, or the safety of her unborn child.
  4. While asking the question is not illegal, exposure to a claim of discrimination may be established by the known information.

View the answer.

PER Human Resources – March 2019

March 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!

How to Fire an Employee Without Him Firing His Weapon
HR Stories From The Front Lines*

The news has been inundated with stories of workplace violence — from shootings, to bomb threats — and no company wants to be the next headline. As such, employers must be extremely cautious in the face of situations that may spark aggressive behavior. See how one HR Director handled the termination of a potentially violent employee…*

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

 

Stay Up to Date on the Latest Employment Legal Updates

FEDERAL UPDATES
Cautious Optimism for Holding Disabled Employees Accountable for Attendance Issues
Does Your Company Website Really Have To Be ADA Compliant?
Don’t Tell Me How To Dress, Or Can You?
Employers Beware — You Cannot Always Require Employees Exhaust Paid Leave Benefits During FMLA Leave
Federal Tip Credit and Tip Pooling Basics
Going Wild About Service Animals at Work
NEW EEOC Case Reminds Employers That Sex Discrimination Isn’t Just for Women – Men Can Be Victims Too
Turning a Blind Eye Can Cost a Company High Dollar Settlements

STATE UPDATES
California: California Employers — Are You Providing School Activities Leave?
California: NEW CASE: Employee’s Voluntary Use Of Company Vehicle For Commuting Is Not Compensable
California: NEW CASE: Major Changes to California’s Reporting Time Pay Requirements
Illinois: NEW LAW: Illinois To Incrementally Increase Minimum Wage to $15.00 Per Hour
New Jersey: NEW LAW: New Jersey To Incrementally Increase Minimum Wage to $15.00 Per Hour
New York: NEW LAW: Prohibits Discrimination Based on Gender Identity or Expression in New York
New York: NEW LAW: Coming Soon to Westchester County – Sick Leave
New York: NEW LAW: Suffolk County, New York Bans Salary History Inquiries
Pennsylvania: NEW LAW: Predictive Scheduling Coming to Philadelphia

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
We have an exempt employee who has been out on a leave of absence since mid-January. This employee has been choosing to work 2-3 hours every day. How should I compensate this employee for the time worked? Do I pay him just for the hours worked or am I required to pay the employee his full weekly salary?

Question #2
We have an employee who was recently in a (non-work-related) car accident and is going to be off work for several weeks. This employee is asking for FMLA leave. What are our responsibilities with respect to providing this employee with FMLA?

View the Answer

Deductions To An Exempt Employee’s Salary

 

Brain Teaser

You know deductions to an exempt employee’s salary are limited under federal and sometimes state law. You have an exempt employee who quit in the middle of a workweek. The employee states you must pay her for the entire week.

How should you handle this issue?

  1. You must pay the employee for the entire week.
  2. During the initial or terminal week of employment an individual’s pay may be reduced to reflect days actually worked.
  3. You are not required to pay any portion of the week since the employee ended employment in the middle of a workweek.

View the answer.

 

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