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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.

 

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.

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