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PER Human Resources – July 2019

PER Human Resources – July 2019

July 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!

What To Do When A Non-Employee Is
Breaking Your Company’s Rules

 

HR Stories From The Front Lines*

 

 

Recently, one of our clients was struggling to unravel a mystery that had the company’s employees up in arms. Despite the company’s non-proselytizing policy, mysterious Bible verses kept appearing on the chalkboard in the employee break room.*

Read on to learn about their surprising source and how the HR manager dealt with the 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

DOL Plans On Clarifying Joint Employer Relationship
Opinion Letter Address Independent Contractors In A Gig Economy
SSA No-Match Letters: A 7-Step Guide On How Employers Should Respond

STATE UPDATES
All States:
2019 Minimum Wage Check-Up
New Laws Effective July 1, 2019
Alabama:
NEW LAW – Alabama Enacts Salary History Ban
Colorado:
NEW LAW: Colorado Is The Latest State To Ban-The-Box
NEW LAW: Colorado Passes New Pay Equity Law Including Salary History Ban

Connecticut:
NEW LAW – Connecticut Expands Its Sexual Harassment Training Requirements
Indiana:
NEW LAW – Indiana Now Allows Payroll Deductions For Uniform Rentals
Maine:
NEW LAW: Maine To Require Employers Provide Mandatory Paid Leave
NEW LAW – Maine Provides Protected Leave For Veterans’ VA Appointments

Maryland:
NEW LAW: Maryland Prohibits Noncompete Agreements For “Low-Wage” Employees
NEW POSTER: Maryland Publishes New Minimum Wage Poster

Minnesota:
NEW LAW: Minnesota New Wage Theft Law Imposes New Requirements On Employers
Nevada:
NEW LAW: Nevada Becomes First State To Ban Pre-Employment Marijuana Drug Tests
NEW LAW: Nevada Defines “Health Benefits” For Purposes of Nevada’s Minimum Wage Laws
NEW LAW: Nevada Minimum Wage To Increase To $12 By 2024
NEW LAW: Nevada Passes Mandatory Paid Leave Law

New Jersey:
Groundbreaking New Jersey Transit Benefit Law
New York:
New York State Election Law Reminder

Oregon:
NEW LAW – Oregon Expands Oregon Family Leave Act To Include Leave For Living Donors
NEW LAW: Oregon Expands Protections to Pregnant Employees
NEW LAW: Oregon Modifies Its Noncompete Law
Why Should a Family Business Investigate Itself?

Tennessee:
NEW LAW – Tennessee Changes Its Independent Contractor Test To The IRS 20-Factor Test

Virgina:
NEW LAW: Virginia Employers Required To Release Personnel Records

Washington:
NEW LAW: Washington Enacts New Noncompete Law

Wisconsin:
The LIRC in Wisconsin determines that Criminal Convictions Deeply Upsetting may NOT be Substantially Related to the Job


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
We have an employee who will soon be returning from a workers’ compensation injury. The employee has been released to work full time; however, due to the residual pain this employee is experiencing, she has requested to work a work schedule of 2 p.m. to 10:30 p.m. instead of her normal schedule of 4 p.m. to 12:30 a.m. We are unable to accommodate that schedule request, but can offer her a schedule of 4 p.m. to 10:30 p.m. Are we able to offer that schedule to the employee as an accommodation?View the Answer

FMLA Leave

 

Brain Teaser

Six weeks ago, Peter requested FMLA leave to care for his wife, who has terminal cancer. He provided medical certification and complied with all requirements for taking FMLA leave. His leave was designated as FMLA for a period of 12 weeks.

Yesterday, Julie, Peter’s coworker, told you that she saw pictures on Instagram of Peter and his wife on Waikiki Beach. Julie then showed you the pictures. Peter’s wife appears to be the picture of health and, from what you have seen, they appear to be thoroughly enjoying their Hawaiian getaway with snorkeling, surfing, kayaking, and other strenuous physical activities.

You are shocked by this information and disappointed that Peter would abuse FMLA in such a manner. Your first instinct is to terminate Peter’s employment, but is this allowable? How should you proceed?

  1. Peter should be terminated. He was clearly lying about his need for FMLA leave.
  2. Peter should remain on FMLA leave and should not be disciplined for how his time on FMLA was spent. Peter provided all of the required information to take FMLA leave to care for his wife. It is not your place to question his methods for providing care for his wife.
  3. Call Peter and instruct him to return to work immediately, since the pictures prove that his wife no longer needs him to care for her.
  4. Conduct an investigation and make a determination as to whether Peter is actually abusing FMLA leave.

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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