In The News

PER Human Resources – September 2019

September 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!

Untangling an Employee’s Web of Deception

HR Stories From The Front Lines*

What may seem like an employee’s far-fetched conspiracy theory that a manager is out to sabotage the employee is not a conspiracy theory at all. This is what happened when a hotel manager prompted a guest
to give a negative review about one employee’s performance.*

Read on
to learn about how one HR Director uncovered and dealt with the manager’s deception.

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

Stay Up to Date on the Latest Employment Legal Updates

STATE UPDATES

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

In a non-unionized workplace, does federal law permit an employer to prevent employees from talking about their wages? Would amending the employee handbook to prohibit the discussion of wages/salary be
the correct approach?

Question #2

The drug test came back for our newly hired employee. It was positive for marijuana. Can we fire him?
View the Answer

Brain Teaser

Your employee is an opiate addict and has been since you hired him (so much for your pre-employment screening and interview process!). His name is Oscar the Opiate Addict. He’s your in-house IT network
administrator. Unbeknownst to you, Oscar the Opiate Addict has participated in a physician-supervised, medication-assisted treatment (MAT) for the addiction since 2015. Last month, Oscar the Opiate Addict
took two weeks of his vacation time and voluntarily admitted himself to an inpatient treatment facility to eliminate the need for MAT. He successfully completed the inpatient treatment and returned to
work.

Upon his return to work, you learned that Oscar the Opiate Addict spent his vacation in a treatment program for Opiate addiction. Your understanding of the Americans with Disabilities Act is that a “recovered”
addict is no longer “disabled” under federal law nor under the law of your state. After discussing with senior management, everyone agrees: it is too risky to have an Opiate addict (even if “recovered”)
serving as the IT network administrator. After all, IT systems are the backbone of the company. Since he is no longer “disabled”, you terminate Oscar. All employees (including Oscar) are “at will”, of
course, and it says so in your employee handbook. Choose the best answer.

You just avoided a huge potential problem. You terminated Oscar the Opiate Addict when he’s not protected by the ADA. If you waited, he might start using opiates again, enter into a recover program, and
you’d be stuck. At that point, Oscar would be covered and protected by the ADA again.
You just screwed up big time. Once an addict, always an addict and protected by the ADA.

View the answer (Opens in a new window)
.

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 – August 2019

August 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!

Why You Should Never Skip the Investigation Process

HR Stories From The Front Lines*

Even small-town businesses face big city problems. Such is the case for Paperco. Tom has worked for them for three years without any issues – no verbal warnings, write-ups, or performance concerns. He’s been a model employee, but that’s all about to change.*

Read on (Opens in a new window) to learn why you should never skip the investigation process.

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

Stay Up to Date on the Latest Employment Legal Updates

FEDERAL UPDATES

FLSA Opinion Letter Addresses Rounding of Hours Worked (Opens in a new window)

STATE UPDATES
California:
California Takes First Step Toward 12 Weeks of Paid Family Leave
NEW CASE: Non-Solicitation Clauses in Employment Agreements are Unenforceable in California – Again (Opens in a new window)

Illinois:
What Employers Need to Know About Illinois’ Recreational Marijuana Law
Illinois’ Workplace Transparency Act to Establish Additional Employee Protections (Opens in a new window)

Maine:
U.S. Court of Appeals Expands Responsibility on Discrimination for Employers and Non-Employers who Share Jobsites in the State of Maine (Opens in a new window)

Massachusetts:
Massachusetts SJC Ruling: Salespeople Paid Commission or Draw are Entitled to Overtime & Sunday Pay (Opens in a new window)

New Jersey:
New Jersey Hotel Employees Get Added Protection with Panic Buttons
New Law: New Jersey Amends Medical Marijuana Law (Opens in a new window)

New York:
New York State Legislature Makes Major Changes to New York’s Harassment Laws in the Final Hours of its 2019 Legislative Session
New York, One of the Most Recent Jurisdictions to Ban Salary History Inquires (Opens in a new window)

North Carolina:
When are North Carolina Employers Required to have a Written Safety and Health Program? (Opens in a new window)

Tennessee:
Tennessee Expands Healthy Workplace Act; Creates Immunity for Private Employers (Opens in a new window)

Washington:
The State of Washington Enacts Salary History Ban and Require Pay Bands
Washington Paid Family & Medical Leave Act (“PFMLA”) (Opens in a new window)

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 recently received an anonymous report that one of our employees was arrested for sexually assaulting a minor. We were able to confirm that an arrest occurred, but have not found any information indicating that the employee was charged with this crime. We are a restaurant that serves minors and have some concerns. How should we best address this situation?Question #2
We have an employee who has been out on FMLA leave. This employee’s FMLA leave benefits expire on May 5, 2019. We received a doctor’s note from the employee on May 6th advising us that he is unable to return to work until August. How should we address this employee’s request for an extension of leave?View the Answer

What Type(s) of Leave Apply?

Brain Teaser

Managing leaves can be complex, especially when multiple leave laws may apply to a situation.

You have an employee that twists her ankle on the job:

Your employee has worked for you for two years as a server. She has worked a total of 1485 hours in the last year. You have 35 employees at one location and 25 miles away you have 40 employees at another location. She is pregnant and is planning to take time off to bond with her baby. She just slipped in the kitchen and twisted her ankle. She needs to be off of her feet for 6 weeks for her ankle to heal.

How do you handle this time off?

Family Medical Leave Act – She has a serious medical condition that prevents her from working.
State Pregnancy Disability Leave – She’s pregnant and disabled so this leave must apply.
Workers’ Compensation Leave – She was hurt on the job, so it has to be designated as workers’ comp.
Americans with Disabilities Act – Since she is disabled, she would have protections under this law.

View the answer (Opens in a new window).

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 – July 2019

July 2019

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

What To Do When A Non-Employee Is
Breaking Your Company’s Rules

HR Stories From The Front Lines*

Recently, one of our clients was struggling to unravel a mystery that had the company’s employees up in arms. Despite the company’s non-proselytizing policy, mysterious Bible verses kept appearing on the chalkboard in the employee break room.*

Read on (Opens in a new window) to learn about their surprising source and how the HR manager dealt with the situation.

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

Stay Up to Date on the Latest Employment Legal Updates

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
We have an employee who will soon be returning from a workers’ compensation injury. The employee has been released to work full time; however, due to the residual pain this employee is experiencing, she has requested to work a work schedule of 2 p.m. to 10:30 p.m. instead of her normal schedule of 4 p.m. to 12:30 a.m. We are unable to accommodate that schedule request, but can offer her a schedule of 4 p.m. to 10:30 p.m. Are we able to offer that schedule to the employee as an accommodation?View the Answer

FMLA Leave

Brain Teaser

Six weeks ago, Peter requested FMLA leave to care for his wife, who has terminal cancer. He provided medical certification and complied with all requirements for taking FMLA leave. His leave was designated as FMLA for a period of 12 weeks.

Yesterday, Julie, Peter’s coworker, told you that she saw pictures on Instagram of Peter and his wife on Waikiki Beach. Julie then showed you the pictures. Peter’s wife appears to be the picture of health and, from what you have seen, they appear to be thoroughly enjoying their Hawaiian getaway with snorkeling, surfing, kayaking, and other strenuous physical activities.

You are shocked by this information and disappointed that Peter would abuse FMLA in such a manner. Your first instinct is to terminate Peter’s employment, but is this allowable? How should you proceed?

Peter should be terminated. He was clearly lying about his need for FMLA leave.
Peter should remain on FMLA leave and should not be disciplined for how his time on FMLA was spent. Peter provided all of the required information to take FMLA leave to care for his wife. It is not your place to question his methods for providing care for his wife.
Call Peter and instruct him to return to work immediately, since the pictures prove that his wife no longer needs him to care for her.
Conduct an investigation and make a determination as to whether Peter is actually abusing FMLA leave.

View the answer (Opens in a new window).

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.

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PER has done a great job for our small business, helping us respond to our ever changing personnel and benefit needs in this challenging economy. I would wholeheartedly recommend them!

Alison - - Commercial Real Estate Law Firm - Orlando, Florida

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