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PER Human Resources – August 2019

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 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

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

Illinois:
What Employers Need to Know About Illinois’ Recreational Marijuana Law
Illinois’ Workplace Transparency Act to Establish Additional Employee Protections

Maine:
U.S. Court of Appeals Expands Responsibility on Discrimination for Employers and Non-Employers who Share Jobsites in the State of Maine

Massachusetts:
Massachusetts SJC Ruling: Salespeople Paid Commission or Draw are Entitled to Overtime & Sunday Pay

New Jersey:
New Jersey Hotel Employees Get Added Protection with Panic Buttons
New Law: New Jersey Amends Medical Marijuana Law

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

North Carolina:
When are North Carolina Employers Required to have a Written Safety and Health Program?

Tennessee:
Tennessee Expands Healthy Workplace Act; Creates Immunity for Private Employers

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


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?

  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.

 


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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I appreciate the efficient, friendly and knowledgeable service we receive from PER. The PER team backs up their tag line “When Service Counts”! They are helpful in all aspects of HR and this allows us to concentrate on running our business.

Sherry - Controller - Restaurant and Entertainment Management Company - Orlando, Florida

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