Equal Employment Opportunity Commission’s (EEOC) regulations on wellness programs took effect January 1, as planned, despite a last-minute attempt to halt them in court. The rules control how employers implement employee wellness programs under both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The U.S. Bates of the U.S. EEOC , No. MORE

Effective January 1, 2017, French workers won the " right to disconnect " from email, smartphones and other electronic leashes once their working day has ended.  Regulations & Public Policy Total Rewards El Khomri law email usage labor and employment law productivity right to disconnect work life balanceHow many emails do you send and receive on a daily basis? MORE

The court opinion doesn’t say why, but we assume the employer articulated a legitimate nondiscriminatory reason.). As seasoned HR professionals know, the deadline to file a charge with the EEOC is 300 days (at least in states such as Illinois that have a state or local fair employment practices agency). by Steven L. Brenneman. Charged Up. She was fired on February 1, 2012. Charge On. MORE

The new rates take effect January 1, 2017. The 2017 rate changes reflect the 1.3 Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content. The post New 2017 Exempt Classification Rates appeared first on HRWatchdog by Gail Cecchettini Whaley. Exempt/Nonexempt 2017 employment laws computer professional exemption licensed physician or surgeon exemption MORE

How might employers be impacted by immigration-related policies and practices under the Trump administration?  In part 1 of this article , I looked at areas such as Immigration and Customs Enforcement (ICE) enforcement, mandatory E-Verify, and changes to employment-based/H1-B visas.  Employer Dos and Don’ts. Employment Law BLR documentation employment President Obama MORE

The RIF of relevance to this case occurred on March 31, 2009, and terminated the employment of approximately one hundred salaried employees in over forty locations or divisions. The latter group brought a disparate-impact claim under the Age Discrimination in Employment Act against PGW. In a nutshell, the ADEA makes it unlawful for an employer to discriminate based on age. MORE

Supreme Court has agreed to hear a trio of wage and hour cases involving arbitration agreements that require workers to waive their right to pursue employment claims as a group. It first reached that conclusion in 2012, holding that an employer’s arbitration agreement violated the NLRA because it required employees to agree to dispute claims individually. Employer Takeaway. MORE

Concerned employers can visit the IRS website to get assistance with  reporting phishing and other online scams. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content. This week, the Internal Revenue Service (IRS) issued an alert to payroll and human resources professionals to warning them about an email scam. Kindly prepare the lists and email them to me asap. MORE

Department of Labor’s update to the federal salary threshold for overtime exemptions has been delayed indefinitely by a preliminary injunction, employers in New York still face similar overtime updates in 2017 on a state level. This is one of several amendments to New York employment laws set to take effect early this […]. While the U.S. MORE

Employers were given a grace period before they were required to use the new form. By January 22, employers must only use the new Form I-9 with the revision date of 11/14/2016 N. Employers should familiarize themselves with the changes to the new form. An employer then has the option of scanning the form for I-9 electronic storage purposes. This past November , the U.S. MORE

Minimum wage increases will affect numerous states across the country in January 2017. Under the Fair Labor Standards Act (FLSA), the current federal minimum wage is $7.25 per hour, but the FLSA does not supersede any state or local laws that are more favorable to employees. State minimum wage changes effective January 1, 2017. 10.50 for New York City (small employers). MORE

The Department of Labor (DOL) and the Occupational Health and Safety Administration (OSHA), for the second time in just six months, are raising the penalties for employment law violations. . Both agencies just published civil penalty increases for 2017. The Family Medical Leave Act (FMLA) penalty for violating the law’s posting requirements will increase from $163 to $166 for each separate offense — that’s after a jump from $110 this past summer. 13, 2017. MORE

California employers who provide unemployment insurance must notify all employees that they are eligible for the federal Earned Income Tax Credit (EITC).  AB 1847 , a new law effective January 1, 2017, requires these employers to also notify employees that they may be eligible for the California EITC. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content. MORE

The rules, which were scheduled to take effect December 1, 2016, would have required employers to pay overtime to employees earning less than $913 per week (which amounts to $47,476 annually). The DOL appealed the order to the 5th Circuit and final briefs are due to that court January 31, 2017. Texas, Jan. 3, 2017)). Circuit Court of Appeals. Judge Amos L. According to U.S. MORE

Accurate job descriptions are a keystone of employment law compliance. When you clearly and precisely state the essential job functions of a role, you eliminate any potential for doubt or controversy about what a candidate or employee must be able to do to meet their job requirements. Recruiting & Sourcing MORE

Because employers’ requirements would depend on where employees work, compliance could be a real challenge for companies with operations in multiple states, according to the Society for Human Resource Management (SHRM). The Patient Freedom Act of 2017 (S. Under this bill, employers’ responsibilities will be contingent on where their employees work. What it Does. with a B.A. MORE

Now, it’s time to address how it could impact employer plans. . Here’s the bottom line:  While the executive order ( here’s the full text ) may very well have a significant impact on employer plans down the road, it’s impact in next few months will likely be minimal. 28, 2017. Still, undoing the majority of the law will take Congressional action. MORE

While newly proposed workplace violence prevention regulations may never see the light of day under President Donald Trump, employers can expect the federal government to continue to require written prevention programs, training and more, without formal rules in place. Employer Requirements. Does the employer have a written workplace violence prevention program? The U.S. MORE

Among other things, the FAA allows an employer and employee to agree that all employment-related claims between them will be arbitrated (as opposed to heard in court, with a jury). These The Fifth and Eighth Circuits have agreed with employers. ” The fight card. Cue  music ]. In the red corner, we have the Federal Arbitration Act. It’s the FAA versus the NLRA. MORE

First, let’s recap where employers last left off with the rule. Employment Law FLSA (Fair Labor Standards Act) Pay and Benefits Special Report dol injunction lawsuit ot overtime overtime ruleTwo very interesting things happened involving the DOL’s overtime rule while you were out of the office over the holidays. . More recent developments. After judge Amos L. MORE

That was the stark warning given by Employment Attorney Jason Sheffield at the 29th Annual Benefits Forum & Expo in Nashville. Part of the problems is the out-of-sight, out-of-mind mentality that’s pervasive among many employers. Of course that’s a faulty assumption in many cases, and employers can wind up owing a lot of money for having that mentality. penalty. MORE

Employers can expect some relief from federal requirements under the Trump administration, especially those put in place under President Obama. On the other hand, employers are likely to see more discrimination claims than they have in the past, the attorneys noted during the December 14 event, The Trump Presidency: What Will Survive—and What Won’t—from the Obama Regulatory Agenda. MORE

Attorneys working with employment law and benefits issues. Regulations for Federal Contractors have changed. Join nettimesolutions for this important Bloomberg webinar. Whether you’ve got a handle on the new Paid Sick Leave regulations or you’re still scrambling to catch up, this is your chance to hear from a panelist of industry experts – and ask questions. This webinar will help you: Learn about recent state and local paid sick leave regulatory changes. Gain an understanding of the new DOL rule affecting federal contractors. Who should attend? Senior HR leaders. MORE

Importantly, the order applies only to FY 2017, which ends September 30. The order applies to more than just “regulations,” defining the term as “an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency.”. Employer Takeaway. MORE

5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—discussed a scenario in which an employer moved fairly slowly in engaging in the interactive process and providing reasonable accommodations. Phoebe” was employed by the Louisiana Department of Transportation and Development (LDOT). This Employer Won, But Be Cautious. by Peyton S. Irby, Jr. Timeline. MORE

And I’m sure that, at some point, we will find ourselves dealing with changes to HR law. This guide addresses the main themes facing human resources such as labor and employment, workplace flexibility, and health care reform. It outlines the status of current HR law as well as SHRM’s position on those issues. HR Law and Legislation Leadership and Management laws SHRM MORE

Two separate investigations by the DOL’s Office of Federal Contract Compliance Programs found that for several years, LexisNexis paid 26 female employees in “operational leadership” jobs substantially less than males employed in the same jobs in Boca Raton.  The company disagrees with the OFCCP’s findings and does not believe it violated any federal laws. MORE

Epcot Employment Law: The “Bona Fide Occupational Qualification” I promised you an employment-law lesson. You see, making employment decisions based on these protected classes is usually unlawful. Remember Hank the Septopus from Disney’s Finding Dory ? found his missing tentacle. And, my son ate it! Let’s hear it for the boy ! Probably. MORE

Equal Employment Opportunity Commission (EEOC), the agency announced on January 25. Lipnic’s appointment was “a no-brainer,” says Jonathan Mook , a founding partner at DiMuro Ginsberg, PC , and an editor of the Virginia Employment Law Letter. “It makes so much sense,” he said, adding that both employers and employees should fare well under her leadership. with a B.A. MORE

For the past four Noels, I've concluded my posting year with “The 12 Days of Employment Law Christmas.” As this has become a year-end tradition at the blog, I’m sharing it again (with updated links). On the first day of Christmas, my employment lawyer gave to me. On the second day of Christmas, my employment lawyer gave to me. Some musical accompaniment). yearly top 10 MORE

Supreme Court’s vacant seat may be good news for employers, according to employment law attorneys. Gorsuch is known for adhering to the letter of the law, which means he won’t be creating any new rights through judicial activism, according to John Husband , a senior partner at Holland & Hart in the judge’s hometown of Denver. He follows the law to a T. MORE

Modesto : Tuesday, February 7, 2017. Burlingame : Wednesday, March 1, 2017. Pasadena : Thursday, March 23, 2017. Sacramento : Thursday, May 11, 2017. San Diego (La Jolla) : Thursday, May 25, 2017. Santa Clara : Tuesday, June 6, 2017. Thousand Oaks : Thursday, August 24, 2017. Los Angeles : Wednesday, September 6, 2017. MORE

When we consider which of the Trump administration’s policies will have the biggest effect on businesses and employers in the U.S., Yet, there are several immigration topics “beyond the wall” that employers will want to keep an eye on, particularly as the Trump administration identifies the issues that will receive executive and agency priority in the initial days after the inauguration. MORE

The plan will dictate where the agency will focus its compliance enforcement efforts from 2017 through 2021. In other words, if the agency investigates or sues an employer, chances are it’ll be in one of the primary enforcement areas outlined in its new Strategic Enforcement Plan. The EEOC just issued its second-ever Strategic Enforcement Plan. This is a big deal. MORE

Employers have to remain vigilant that a hostile work environment won’t be tolerated — and take action to make sure the unacceptable conduct stops. Discrimination & Harassment Employment Law In this week's e-newsletter Lisa Fisher Mermaid Manor Home for Adults punitive damages Yvonne KellyA recent court ruling makes it clear: If you’re trying to rid yourself of the disease of workplace harassment, you can’t just treat the symptoms. You You need to find the cure. The case involved Lisa Fisher, a health aide at the Mermaid Manor Home for Adults. MORE

Trump noted in the order that his administration ultimately plans to repeal the ACA; but in the meantime, agencies should take steps to minimize the law’s burdens, he said. “I think it’s more symbolic than anything else,” said H. This means that employer requirements—from health plan requirements to breaks for breastfeeding mothers—are still in place for now, Beecher said. with a B.A. MORE

The agency just released proposed enforcement guidance addressing unlawful harassment under the federal employment discrimination laws. The The document explains the legal standards applicable to harassment claims under federal employment discrimination laws. Deadline for submissions is Feb. 9, 2017. Just how do you define workplace harassment? Fact-finding. MORE