PER Human Resources April 2019

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

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?

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
NEW LAW: Maryland Minimum Wage To Increase To $15 By 2025
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
NEW CASE: The Michigan Court Of Appeals Reinforces Zero-Tolerance Workplace Rules
NEW CASE: Minneapolis Minimum Wage Ordinance Upheld By Minnesota Court Of Appeals
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
NEW LAW: Cincinnati Passes Salary History Ban
NEW CASE: New Risk For Oregon Employers Encouraging Alcohol At After Work Gatherings
NEW LAW: Portland, Oregon Defends “Non-Believers”
NEW LAW: Philadelphia Passes Predictable Scheduling Law
NEW LAW: Pregnancy Accommodation Now Required For Pittsburgh Employees And Partners
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 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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