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PER Human Resources – May 2019

PER Human Resources – May 2019

May 2019
Want to know the latest buzz in the HR arena? ┬áProfessional 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!

Don’t Ever Say This to a Pregnant Employee
HR Stories From The Front Lines*

Most people have good intentions, especially when accommodating the needs of a pregnant employee. Unfortunately, making recommendations for pregnancy leave without being asked for them can get you in hot water.*

Read on to learn how one employer mishandled this delicate situation and how you can avoid doing the same.

 

(*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: Hostile Work Environments Are Prohibited Under The Americans With Disabilities Act
NEW CASE: OSHA’s Review Commission Rules that Workplace Violence May Lead to Citations
NEW GUIDANCE: DOL Clarifies Circumstances Where Salary Basis Requirement Is Satisfied
What Can Companies Do To Prevent A Measles Outbreak In Their Workplace

STATE UPDATES
Arizona:
NEW LAW: Arizona Amends Its Wage Garnishment Law
Kentucky:
NEW LAW: Kentucky Employers May Make Signing An Arbitration Agreement A Condition To Employment
NEW LAW: Kentucky Passes New Pregnancy Accommodation Law

Maryland:
NEW LAW: Baltimore Employers Must Provide Lactation Accommodations To Nursing Employees

Massachusetts:
Massachusetts Court Has Determined that Employees Exempt from Federal Overtime Laws May Not Always Be Exempt from State Law
New Mexico:
NEW LAW: Gender-Neutral Restrooms Coming to New Mexico
NEW LAW: Kin Care Leave Coming to New Mexico
NEW LAW: New Mexico Becomes The Latest State To “Ban The Box”
NEW LAW: New Mexico Enacts The Safe Harbor For Nurses Act
NEW LAW: New Mexico minimum wage to increase to $12 by 2023
NEW LAW: New Protections for Medical Marijuana Users in New Mexico

New York:
NEW CASE: New York Appellate Court Reversal is a Huge Break for Health Care Companies
NEW GUIDANCE: Westchester County (NY) Releases FAQs And Model Notice For Earned Sick Leave Law
NEW LAW: New York Employees Get Three Hours Of Paid Voting Leave
NEW LAW: Reproductive Choices are Now a Protected Class in NYC
NEW LAW: NYC Passes Law Prohibiting Pre-Employment Drug Testing For Marijuana Use

Wisconsin:
NEW CASE: Wisconsin Supreme Court Clarifies Compensability Of Commute Home in a Company Vehicle


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 are planning to install video surveillance in the workplace. Is posting a sign in the workplace considered sufficient notice of the surveillance to employees?

Question #2
We have an employee who has an extreme case of psoriasis and works in our deli department. Her skin condition makes it difficult for her to work around food due to health and safety requirements of the grocery store and deli. We have engaged in the interactive process with this employee, but none of the accommodations have worked. We even offered to switch the employee’s schedule so she can work the overnight shift in the warehouse instead of her usual day shift in the deli department. Do you have any other suggestions?

View the Answer

Sign This Write Up Or Else?

 

Brain Teaser

Every company has one, a difficult employee to deal with. They are late, insubordinate, poor performers and, well…just bad! To add insult to injury, you attempt to discipline this employee by writing her up. During your discussion, the employee exclaims, “I’m not signing that, it’s not true and I don’t agree with it!”

How should you handle this issue?

  1. You stop the meeting and shred the write up. What’s the point, she won’t sign it.
  2. Terminate the employee for not signing the write up. That’s insubordination.
  3. Write in “Refused to Sign” and date on the employee signature line. The disciplinary action is valid and in force.

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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