HRWatchdog

NOVEMBER 21, 2017

The Department of Fair Employment and Housing , the state agency charged with enforcing California’s civil rights laws, has developed the poster. The correct version is dated November 2017, but the posting is not mandatory until January 1, 2018. Gail Cecchettini Whaley, CalChamber Senior Employment Law Counsel.

Sexual Harassment 55

Sexual Harassment Harassment Compliance Training Employment Law 55

The Employer Handbook

NOVEMBER 15, 2017

And check the sign-up stats for the free “2017 Employment Law In Review” webinar I’m hosting on December 7, 2017, from 12-1 pm EST with five of the top employment-law bloggers in the universe. Department of Labor’s Wage and Hour Division administers both federal laws.

Employment Law 51

Employment Law Company Report Hiring 51

Workplace Psychology

JULY 1, 2018

Indeed, there’s evidence supporting the use of print over digital textbooks (Alexander & Singer, 2017; Baron, 2016; Crum, 2015). From the organization’s perspective, this principle is integral to the success of the training program” (Levy, 2017, p. sent me a hard/print copy. 7]; (3) predictors used to make employee selections [Ch.

Industry 72

Industry Hiring Software Interview Software Compliance Training 72

Namely

JANUARY 30, 2018

. * HR West 2018 Oakland, CA | March 5-7 Brought to you by the Northern California Human Resources Association (NCHRA), HR West covers topics particularly relevant to practitioners in the San Francisco Bay Area, such as globalization, the hi-tech boom, and ever-evolving definitions of work. 2018 registrations open soon!

Conference 80

Conference HR Software HR Planning Hiring Software 80

HR Daily Advisor

JULY 25, 2017

In June 2017, the DOL announced that it would be reinstating the use of Opinion Letters going forward. The DOL stated in its June 27 th press release: “The action allows the department’s Wage and Hour Division to use opinion letters as one of its methods for providing guidance to covered employers and employees. Prince, J.D.,

Employment Law 52

Employment Law Compensation Discrimination Conference 52

HR Daily Advisor

AUGUST 30, 2017

First, the court observed that liability under the FMLA may attach to any “employer,” and the statute broadly defines the term “employer” to include “any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer.” Because the U.S.

Sexual Harassment 0

Sexual Harassment Harassment Exercises Employment Law 0

HR Daily Advisor

FEBRUARY 19, 2018

was enough under the definition. But the law did allow the court some leeway. Maslanka is an editor of Texas Employment Law Letter and can be reached at Michael.Maslanka@FisherBroyles.com. The post $608 in Unpaid Overtime Cost Texas Employer $41,333 in Attorneys’ Fees appeared first on HR Daily Advisor.

Employment Law 56

Employment Law Wellness ATS Compensation 56

ComplianceHR

FEBRUARY 20, 2019

Probably not, under the definition in the 2016 Final Rule. DOL declined both times as doing so is unnecessary as, by definition, part-time employees do not work over 40 hours per week, and thus are not due any overtime. I follow two daily employment law publications: Law360 and Bloomberg Law.

Bonuses and Incentives 61

Bonuses and Incentives ATS Employment Law Report 61

HR Daily Advisor

JUNE 29, 2017

25, 2017)). 25, 2017), the 4th Circuit adopted a broad new test for determining whether two employers are jointly liable for back pay and damages, making it easier for workers to show a joint employment relationship. See Appeals Court Expands Definition of ‘Joint Employer’ in Wage Claims.). 15-1915 (Jan.

Employment Law 43

Employment Law Study Report Company 43

HR Daily Advisor

NOVEMBER 29, 2017

Loading… State Minimum Wage Changes Effective December 31, 2017. Hours worked includes time during which an employee is “necessarily required to be on the employer’s premises, on duty or at a prescribed work place” (29 C.F.R. What state minimum wage changes have already taken place in 2017? New York: $11.00

Wage and Hour Training 30

Wage and Hour Training Compensation Employment Law Discrimination 30

HR Daily Advisor

MARCH 29, 2018

Gulf asked for summary judgment (dismissal without a trial), arguing that Angus and Norm met the definition of “highly compensated employee” and were exempt from overtime requirements under the FLSA and Ohio law. The district court granted Gulf’s motion for summary judgment. Gulf Interstate Field Services, Case No.

Compensation 62

Compensation Employment Law Meeting ATS 62

HRWatchdog

APRIL 30, 2018

California’s Fair Employment and Housing Council (FEHC) proposed amendments in 2017 to the state Fair Employment and Housing Act (FEHA) to specifically address national origin protections. The definition of national origin is also expanded. Gail Cecchettini Whaley, CalChamber Senior Employment Law Counsel .

Harassment 40

Harassment Discrimination Employment Law Compliance Training 40

HRWatchdog

MARCH 17, 2017

March 10, 2017)). Usually, the franchisor licenses its trademark and sets some standards relating to products and quality, but the franchisee is solely responsible for all employment decisions, such as hiring, firing, supervising, paying wages, etc. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content.

Wage and Hour Training 47

Wage and Hour Training ATS Employment Law Exercises 47

HR Daily Advisor

JUNE 21, 2017

The “regarded as” disabled prong of the definition of disability is, by design, easy to meet. And an “impairment,” according to the appendix of the EEOC’s own regulations, “does not include characteristic predisposition to illness or disease,” the employer argued ( EEOC v. 8:17-CV-977 (June 5, 2017, M.D. BNSF Railway Co. ,

Employment Law 43

Employment Law Discrimination Study Report 43

HR Daily Advisor

JUNE 20, 2017

The definition of “church plan” came in two distinct phases, noted the Court. But in 1980, Congress amended the statute to expand the definition. Now, for purposes of the church-plan definition, an “employee of a church” includes an employee of a church-affiliated organization, such as the hospitals in this case. Stapleton, U.S.

HR Planning 46

HR Planning Planning Tools Employment Law Retirement 46

HR Daily Advisor

MAY 25, 2017

However, the Minnesota Court of Appeals recently heard a claim in which a former employee was denied unemployment benefits due to the fact that “fiancée” doesn’t fall within the statutory definition of “immediate family member.” “Spouse” describes a person’s husband or wife by lawful marriage.

HR Software 43

HR Software Immedis Employment Law Wellness 43

HR Daily Advisor

MAY 3, 2017

It also may be the case when temp agencies send their employees on interviews: a federal district court judge ruled in 2010 that California law entitles workers to pay for that time and the employer in the case paid $2.75 And they did not meet that definition because they didn’t perform any work. million to settle the claims.

Compensation 60

Compensation Training Compliance Training Immedis 60

HR Daily Advisor

SEPTEMBER 27, 2017

15-3231, 2017 WL 2818134 (2nd Cir., June 30, 2017). This 2nd Circuit decision makes it clear that employers shouldn’t take a hypertechnical view of “serious health conditions.” Catalano, an editor of New York Employment Law Letter , can be reached at acatalano@cglawoffices.com or 607-723-9511.

Certification 49

Certification Policies Employment Law Wellness 49

HRWatchdog

SEPTEMBER 19, 2017

The proposed regulations include the following: Expanded definition of national origin to include anyone who is a member of or in association with a group, school, temple or other institutions generally associated with a national group. September 27, 2017. Written comments can also be mailed to: Fair Employment and Housing Council.

Discrimination 40

Discrimination E-Recruitment Employment Law Groups 40

HR Morning

DECEMBER 21, 2017

At the tail end of the year, the NLRB handed down four decisions that show the agency’s looking to chip away at Obama-era union protections and create a more employer-friendly climate for businesses. Note: The National Law Review offers an excellent breakdown of all four rulings). 156 (2017). 154 (2017).

Handbook 47

Handbook Exercises Policies Immedis 47

HRWatchdog

SEPTEMBER 18, 2018

which drastically broadened the definition of a “joint employer” and categorized many more entities as joint employers. The Board in fact did overturn the Browning-Ferris case in its December 2017 decision, Hy-Brand Industrial Contractors, Ltd. Bianca Saad, Employment Law Subject Matter Expert. Not a member?

Employment Law 44

Employment Law Immedis Exercises Industry 44

Ohio Employer's Law

MAY 4, 2018

Sexual Harassment has a major impact on NYC employers — via Mike Haberman’s Omega HR Solutions. Age Discrimination Suit Because Job Posting Asked for “No More Than ‘X’ Years of Experience” — via Michigan Employment Law Advisor. The employer’s side of the story. — via Robin Shea’s Employment & Labor Insider.

Sexual Harassment 36

Sexual Harassment Wage and Hour Training Harassment HR Software 36

HR Daily Advisor

MARCH 10, 2017

In the absence of a statutorily required duration, the definition of “reasonable” often depends on the content of the employee’s request. Equal Employment Opportunity Commission (EEOC) has said in guidance that requests such as “sometime during the end of September” or “around October 1” can be reasonable. 16-1807 (Feb.

Time and Attendance 54

Time and Attendance Employment Law Conference Study 54

HR Daily Advisor

SEPTEMBER 7, 2017

Last month, a federal trial court in Massachusetts also held that a former employee was entitled to unpaid commissions under the Wage Act despite an explicit statement in the employer’s commission policy that employees who voluntarily resigned were ineligible for incentive payments. When Is a Commission Not a Commission?

Bonuses and Incentives 43

Bonuses and Incentives Compensation Employment Law Trends 43

HR Daily Advisor

OCTOBER 3, 2017

20, 2017)). Using that definition, the court reasoned that “the term ‘reasonable accommodation’ is expressly limited to those measures that will enable the employee to work. Farrell, JD, is a Legal Editor for BLR’s human resources and employment law publications. Heartland Woodcraft, Inc., 15-3754 (7th Cir.

Compliance 46

Compliance Employment Law HR Software Discrimination 46

HR Daily Advisor

MAY 10, 2017

This will particularly be the case in an employment setting where the policy has been absent or lacking. Join Catherine Mattice and Jerry Carbo as they present, “ Civility at Work: Build a Legally Enforceable Culture of Respect, ” on Wednesday, May 24, 2017. You can visit his law office’s Facebook page – The Law Offices of Jerry A.

Harassment 49

Harassment Sexual Harassment Policies Employment Law 49

HR Daily Advisor

OCTOBER 10, 2017

Those new rules, which became final in January 2017, apply to all claims for disability benefits filed on or after January 1, 2018. You may prefer to change the definition of “disability” in your retirement plans to simplify plan administration. New Rules for Disability Benefits Claims.

Compliance 46

Compliance Retirement Employment Law Groups 46

HR Daily Advisor

MARCH 20, 2018

Thus, it was simply too early to conclude that her condition failed to meet the statute’s definition of a covered disability. 3:15-cv-00828 (December 4, 2017). This case demonstrates how easily an employer can be forced to defend a lawsuit. The court concluded that Allison’s FMLA claims should also move forward.

Discrimination 46

Discrimination Policies Employment Law Compliance 46

ComplianceHR

FEBRUARY 20, 2019

Probably not, under the definition in the 2016 Final Rule. DOL declined both times as doing so is unnecessary as, by definition, part-time employees do not work over 40 hours per week, and thus are not due any overtime. I follow two daily employment law publications: Law360 and Bloomberg Law.

Bonuses and Incentives 40

Bonuses and Incentives ATS Employment Law Report 40

HR Daily Advisor

JULY 28, 2017

Curiously, the court focused only on one statutory definition of “disability”—an impairment that substantially limits a major life activity. It did not discuss an alternate statutory definition that includes cases in which employees are misclassified as having a qualifying impairment. 7167 (April 28, 2017).

Discrimination 43

Discrimination Employment Law Company ATS 43

HR Daily Advisor

NOVEMBER 7, 2017

How about quintupled worksite enforcement efforts, an unprecedented monetary penalty, and a brand-new state law wrinkle in, where else, California? TheaDesign / iStock / Getty Images Plus; There’s definitely a bit of a chill in the air, so let’s get out of the cold and right to the point with a quick DO, a DON’T, and an FYI.

Hiring Software 46

Hiring Software Compliance Employment Law Hiring 46

HR Daily Advisor

AUGUST 16, 2017

that she be transferred to an alternative position) and determined that she did not meet the definition of “qualified individual.” One question employers often ask is whether they must create a new position or move another employee to create a vacancy for a disabled employee. Exelon Nuclear Security, No. 14 C 4756 (N.D.

Background screening 47

Background screening Assessment Software HR Software Employment Law 47

Sterling Check

JANUARY 16, 2018

It is important for both employers and employees to understand that the legalization of marijuana law in California does not impact employers’ rights to maintain and enforce drug-free workplace policies and drug testing policies.

Hiring Software 42

Hiring Software Policies Assessment Software Screening 42

HR Daily Advisor

JUNE 4, 2018

When the Tax Cuts and Jobs Act (TCJA) was signed into law December 22, 2017, several proposed changes to the federal tax code that would have affected tax-qualified retirement plans were dropped. Tomorrow we will look at part 2 of this article, including compensation definition and hardship distributions.

Retirement 61

Retirement Handbook Compliance Compensation 61

HR Morning

JUNE 6, 2018

Now that employers have been notified of their potential ACA shared-responsibility penalties by the IRS, the agency is offering guidance on how they should respond. And HR pros will definitely want to take note of their options.

Assessment Software 44

Assessment Software HR Software Compliance Training Tools 44

HR Daily Advisor

AUGUST 16, 2017

There is no specific test or set of duties, responsibilities, or factors that will definitively establish an in loco parentis relationship. So, if the “if” is just that—a big if—why is this technicality important for employers to get right? 9, 2017)), an employer denied an employee’s request for FMLA leave to care for his grandfather.

Compliance 50

Compliance Exercises Employment Law Policies 50

HR Daily Advisor

JULY 11, 2017

Though the ADA’s definition of “disability” is interpreted quite broadly under the Americans with Disabilities Act Amendments Act (ADAAA), there may still be plenty of “normal” pregnancies that wouldn’t give rise to accommodation rights. SB 5835; Chapter 294, 2017 Laws ). Covered employers. Washington.

Immedis 46

Immedis Policies Compliance Employment Law 46