In The News

PER Human Resources – May 2018

May 2018

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!

A #MeToo Dilemma: CEO aka Problem Employee

HR Stories From The Front Lines*

In your career as an HR Professional, you’ve likely handled more than your fair share of problematic situations. Usually, there’s an initial meeting, an investigation, and then a follow-up phase where you address whatever
has come to light. But what if one of your employees wasn’t forthcoming with details about a rumor-fueled workplace situation that involved the company CEO? Read on to see how one creative HR Professional handled this very
delicate and troublesome dilemma.*

(*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 Requirements for Tip Pooling Quietly Changed
Supreme Court (Finally) Rules Auto Dealership Services Advisors Are Exempt from Overtime

STATE UPDATES
California: Adopts New Test for Independent Contractors
Michigan: Invalidates Local Ban-the-Box Laws
New Jersey: Enacts Equal Pay Law
New York: New York State and New York City Amend Sexual Harassment Laws
Washington: Expands Domestic Violence Leave Law to Prohibit Employment Discrimination
Washington: Expands Equal Pay Protections
Washington: Takes a #MeToo Stand with Passage of New Laws
West Virginia: Will Allow Employees to Carry Guns in Their Vehicles

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

Question #1
We have an employee asking about bringing her emotional support dog to work with her. She works at a desk and would like him to sit under the desk with her. He is hypo allergenic and a small dog. He does have a certification for an emotional support animal, but not a service animal. We’re worried if we say yes to her, we will then have to say yes to other employees. How should we respond to this request?

Question #2
Currently, our salaried Managers work 5 days a week, 9-10 hours a day. We’re opening a new restaurant soon and funds are tight, so the owner is asking me to tell all salaried Managers that they must work 6 days a week now.

We have told him that this is not a good idea for several reasons, but he’s only concerned with knowing if this is legal or not. I understand it changes the terms of the original employment agreement with the Managers (while we have no contracts, obviously, they were hired and have been working under the understanding that their job is a 5-day a week job), but what is the law here and what can we do, legally?

If we require they work 6 days, but without any additional compensation/pay increase – is that legal? What kinds of breaks/meal & rest periods would we have to make available to an exempt salaried manager working 10 hours per day, 6 days a week. If they are told they must begin working 6 days a week and they refuse, can we fire them?

View the Answers

It’s Only a Flesh Wound…Do I File Workers’ Comp?

Brain Teaser

Four days ago, Andy, one of your employees, fell down the stairs. You asked Andy if he wanted to file a workers’ compensation claim, but he refused. Andy said that he was fine and did not need to see a doctor. Andy worked the remainder of his shift without further incident and went home. Andy then called in sick the next three days.

This morning, Andy comes to work on crutches and wearing a neck brace. Andy tells you that, after work, his neck was bothering him, so he went to Urgent Care for treatment. Andy hands you a doctor’s note, which excuses him from work for the past three days and places him on light duty for the rest of the week – a request that is granted.

You again ask Andy if he wants to file a workers’ compensation claim. Once again, Andy refuses, saying that his problems are resolved and he does not want to be a bother.

How should you handle this issue?

All injuries beyond first aid should be reported to your workers’ compensation carrier immediately – regardless of what Andy has requested.
Andy has the right to refuse to file a claim. You have fulfilled your obligation under the law by asking him if he would like to file a claim and need to take no further action.
You can ask Andy to sign a waiver. Once signed, Andy cannot later file a workers’ compensation claim for this injury.
Andy should be terminated because he did not report his injury to you immediately.

View the answer.

Conducting Effective Performance Reviews

HR Trends

Part of your job as an HR Professional is to work with your managers to provide honest, constructive feedback to your employees. An effective performance review includes providing both positive and negative feedback to employees so that they know exactly how management feels about their job performance.

Learn how both your company and employees can benefit from an effective performance review.

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 Human Resources – April 2018

April 2018

An Employee, An Outsider, and a
Giant Step Over the Line

HR Stories From The Front Lines*

As an HR Professional, you never know what a day will bring. Some situations cannot be foreseen, like a drunken non-employee disrupting the workplace. How would you handle an incident that included an employee, a manager, and an outside third party in an inebriated rage who provoked the manager to the point of physical aggression? You can’t head off every odd occurrence, but there’s wisdom to learn in the story that follows, especially when the issue of workplace violence is concerned.*

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

Stay Up to Date on the Latest Employment Legal Updates

FEDERAL UPDATES
NLRB Whiplash- Previous Joint Employer Standard Back on the Table
Supreme Court Substantially Limits Whistleblower Protections under Dodd Frank
Federal Appellate Court Rules Sexual Orientation IS Protected
The Change Continues: Transgender Status Ruled Protected Under Title VII

STATE UPDATES
California: Alert: Wage and Hour Law Just Changed – Retroactively
California: New Safety Regulations for California “Lodging Establishments”
New York: New York City Adds Safe Time to Existing Sick Leave
Texas: Austin Takes Lead as First City in Texas to Require Paid Sick Leave
Washington: NEW LAW – Spokane Enacts Ban-The-Box Legislation

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

Question #1
We have an employee who is requesting we pay him for his mandatory military training for one day.

Unless, I’m missing something, we can provide the time off, but we are not required to pay him for that day, but the employee can choose to use his vacation time if that is available.

Other than that, if he doesn’t have any PTO the day would be unpaid?

Question #2
In one of our restaurants, we recently received a job application from an individual in a wheelchair, who, after submitting the application, requested an interview. How should we respond to this applicant?

View the Answers

Get to Work!
Is Your No-Fault Attendance Policy ADA-Compliant?

Brain Teaser

You have a no-fault attendance policy where employees accrue points for absences. If an employee racks up too many points, no matter the reason, it will lead to disciplinary action up to and including possible termination. All employees are treated the same, therefore, there’s no problem with this policy right?

No problem here. You must treat employees the same to ensure there is no appearance of discrimination, so it’s really the best policy to have.
No way. Employees need to be at work and you need a way to motivate them to show up. You’re not concerned about why they’re out.
Absolutely yes! The problem with this policy is that it doesn’t take into consideration absences due to an FMLA qualifying reason or that are related to an accommodation under the American with Disabilities Act or state disability law.

View the answer.

Avoid the Hiring Minefield

HR Trends

Hiring a new employee should be easy, right? Wrong! With all of the laws governing the hiring process, there are a plethora of mistakes a hiring committee can make in the hiring process exposing the company to a potential claim. Read ahead to learn the six key tips to avoid the hiring minefield.

PER Human Resources – March 2018

March 2018

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.*

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

Stay Up to Date on the Latest Employment Legal Updates

FEDERAL UPDATES
2017 EEOC Litigation Data Released
Why Employers Should Avoid Jumping The #METOO Gun
How Not Hiring An Employee Could Hurt Your Business

STATE UPDATES
California: NEW FORM – California DIR Releases Pre-Inspection Notice Form For ICE Inspections
Missouri: NEW LAW – Kansas City Enacts Ban-The-Box Legislation
Washington: NEW LAW – Spokane Enacts Ban-The-Box Legislation

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

Question #1
We have an employee who is pregnant. She has mentioned it to her supervisor and to a few other coworkers. Her current position requires some physical activity as she works in our mill’s packaging area.
Are we able to request something from her doctor that would list any work limitations/restrictions due to her pregnancy?

Question #2
We have had to send an employee home at the end of the shift three times now for a radically different change in behavior. He doesn’t slur his speech like he’s intoxicated, but he’ll repeat himself often,
becomes very clumsy, and can be hard to follow.

When this has happened, he’s not productive behind the bar, and his coworkers have asked to send him home because they feel he is in the way. When we talked to him this afternoon, his eyes were seemed to be blood shot.
He wasn’t slurring, but he repeated himself a few times. We tried to let him know that he was safe, that he could confide in us with anything, and that we are worried about his wellbeing and mental health.

If I were to guess, I would say he had been drinking today. I don’t want to just write him up and eventually fire him for “poor job performance” because he is a great asset to the team when he’s
on his “A Game.” We are very worried about this guy. There is some chemical change in him (drinking or drugs) that is causing him to have such rapid changes in his behavior and personality.
We feel like there is some substance involved but it is a little hard to know where to go from here since it isn’t a usual alcohol or cannabis related incident necessarily. What do you recommend?

View the Answers

Handling an Expired Employment Authorization Card

Brain Teaser

Federal law requires all employers to verify employment eligibility to work in the United States when hiring individuals. When you hired Josef a year ago, he provided an Employment Authorization Document
(Form I-766) with an expiration date of March 1, 2018.

Today is March 2, 2018 and, after meeting with Josef about his expired Employment Authorization Card, he has informed you that he cannot obtain a new Employment Authorization Card with a future expiration date.

You know if you fail to properly complete, retain, and/or make available for inspection Forms I-9 as required by law, you may face civil money penalties in an amount of not less than $220 and not more than $2,191
for each violation.

How should you handle this issue?

Let Josef continue to work. Once you verify at hire you never have to re-verify documents again.
Terminate Josef since he does not have a non-expired form of employment eligibility documentation.
You may accept a List A document, a List C document, or an acceptable receipt under the receipt rule to satisfy Form I-9 reverification requirements.

View the answer.

Protect Sensitive Information in Your Workplace

HR Trends

HR Directors and managers need to protect sensitive employee and company information. Whether kept in a locked file cabinet or on their computer, sensitive information must be protected at all costs.
Distribute this poster
as a friendly reminder to your HR team and managers to remain vigilant in protecting the company’s sensitive and confidential information.

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Testimonials

The PER team is relationship driven, very responsive and just a pleasure to work with. Sunit- President of a Luxury Travel Agency, Orlando, Florida

Sunit - President - Luxury Travel Agency - Orlando, Florida

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PER Human Resources – May 2018

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