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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.

 

PER Human Resources – February 2019

February 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!

Avoid Potential Lawsuits by Calling an HR Professional
HR Stories From The Front Lines*

 

Have you ever wondered why we encourage you to call an HR Professional before every termination? Simple. 85 percent of all employment lawsuits can be prevented just by making one simple call. Sounds too good to be true, right? This story illustrates how one simple call to our HR Professionals saved a company from not one but several potential lawsuits.*

(*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: Without More, Full-Time Attendance Is Not An Essential Job Function
NEW CASE: NLRB Changes Its Independent Contractor Test
NEW GUIDANCE: DOL Reminds Employers How To Properly Calculate The Regular Rate Of Pay

STATE UPDATES
California: NEW CASE: California Employers Beware – Business Owners Can Be Held Personally Liable For Wage And Hour Violations
California: CALIFORNIA EMPLOYERS – Be Sure To Reset The Clock On Employee Sexual Harassment Training
California: NEW DEVELOPMENT: Certain Truck Drivers Exempted From California’s Rest and Meal Period Requirements
California: NEW CASE: Non-Solicitation Clauses In Employment Agreements Are Unenforceable In California
California: NEW CASE Reminds California Employers Of The Business Expense Reimbursement Requirement
Connecticut: NEW LAW: Connecticut Employers, Remember That The New Pay Equity Law Prohibits Salary History Inquiries
Connecticut: REMINDER: Connecticut Employers Must Provide Rebuttal Opportunity For Employee Discipline
Illinois: NEW LAW: Illinois Employers Are Your Handbooks Compliant With The New Sexual harassment Notice Requirements?
Massachusetts: REMINDER: Massachusetts Employers Have New Requirements For Tipped Employees
Massachusetts: NEW GUIDANCE: Massachusetts Department of Family and Medical Leave Publishes FAQs on Massachusetts Paid Family and Medical Leave Law
Michigan: NEW GUIDANCE: FAQs Regarding Michigan’s Paid Medical Leave Act Published
Ohio: NEW LAW: Cuyhoga County, Ohio Protects LGBTQ Employees From Discrimination
Pennsylvania: NEW LAW: Pennsylvania Human Rights Commission Expands Protections Of Pennsylvania Human Relations Act To Include LGBT Bias


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 three employees who have been out of work due to serious health conditions. We have not provided any of these employees with FMLA paperwork, but all of these employees have worked for the company for over a year.
Are we required to continue the employees’ healthcare benefits during their time off?
Question #2
We have an employee who requested accommodations for him to return to work or to extend his leave of absence. Right now, he has exhausted his FMLA and has been on leave for about 8 months. If it is difficult for the business to accommodate this request, could we simply extend his leave till further restrictions (like the requirement of a chair while working.) are removed?Are there any liability risks to the business that we should be aware of if we simply extend this leave?
Untangling the Protected Leave of Absence Web

 

Brain Teaser

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

You are the owner of two restaurants that are approximately 40 miles apart. You employ 35 employees at one location and 25 employees at the second location.

Sally has worked for your company for two years as a server. In the past 12 months, Sally has worked a total of 1485 hours.

Yesterday, Sally slipped in the kitchen and twisted her ankle. According to her doctor, she needs to be off of her feet for 6 weeks for her ankle to heal.

To further complicate matters, Sally is 6 months pregnant and is planning to take time off after the baby is born for post-partum recovery and baby bonding.

How do you handle Sally’s leave of absence request?

The leave of absence should be categorized as:

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

View the answer.

PER Human Resources – January 2019

January 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 Avoid a Costly Leave of Absence Mistake
HR Stories From The Front Lines*

 

 

Managing an employee’s leave of absence can be very tricky – especially when it spans several months. While you may be tempted to “cut ties” with an employee on extended leave, don’t make that move without reading this
cautionary tale
.*
Read more

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

 

Stay Up to Date on the Latest Employment Legal Updates

STATE UPDATES
All States: New Laws Effective January 2019
All States: 2019 Minimum Wage Check-Up
California: NEW CASE: California Court Approves Employer’s Rounding Practice
California: NEW GUIDANCE: California Pay Equity Task Force Issues Guidelines for Complying with the California Equal Pay Act
Michigan: NEW LAW: Michigan Amends Earned Sick Time Act
Michigan: NEW LAW: Michigan Amends Improved Workforce Opportunity Act
Oregon: NEW GUIDANCE: Final Rules Regarding Oregon’s Equal Pay Law Issued
Washington: NEW LAW: Washington Employers, Are You Ready for Washington Paid Family Medical Leave?


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 have an employee who faxed over a doctor’s note taking her out of work for a month. She is due back on 1/17/19, however she was only mailed the Notice of Eligibility and Rights and Responsibility notifications. Would it be too late to send out a Designation Notice? I am concerned she may not be counting this time off towards her FMLA leave since we never designated it.

Question #2
We have a foreman whose job performance has declined over the past several months. We have spoken to him several times about his recent job performance problems, but this employee has not shown any improvement. While we are not at the point where we are looking to terminate this employee, we are looking for suggestions on how to best proceed to address this situation.

View the Answer

Is Termination the Best Option?

 

Brain Teaser

Consider the following situation: You hired Roberta in September. She seemed fine during the interview…just a little nervous. She was the best candidate interviewed, so you extended her an offer of employment.

After she was hired, you discovered that Roberta is a slow learner (and you suspect that she might have a learning disability). She also has a difficult time receiving criticism.

Now, four months into her employment, Roberta has been having what appear to be panic attacks. You have moved her to several different positions. Unfortunately, her panic attacks have continued and hinder her ability to interact with the public, which is an essential function of her job.

While you’re always willing to give an employee a chance, you really don’t think Roberta is going to improve. You would like to terminate her; after all, she’s an at-will employee.

Is termination the best option?

  1. Absolutely; though you feel sorry for Roberta, you need people who can work, and you don’t have time to babysit her.
  2. Maybe; since Roberta has not told you she has a disability or needs an accommodation, you do not have to worry about potential disability discrimination.
  3. Yes; if Roberta had some type of physical condition or disability, you understand you’d have to accommodate her, but you cannot accommodate a mental problem.
  4. No, or at least not yet. You need to learn more about Roberta’s condition before making any decisions.

View the answer.

Testimonials

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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