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To offer some insights, I’ve been chatting with our friend and attorney Carrie Cherveny, chief compliance officer and senior vice president of strategic solutions at HUB International. If you have detailed questions, they should be addressed directly with your friendly neighborhood employmentlaw attorney.
Now California employers have a few scant months to prepare for new employmentlaws taking effect January 1, 2025. Here’s a quick look at the employmentlaw changes ahead for 2025. Discrimination or retaliation against individuals exercising their rights under the law is prohibited. per hour.
It updates and clarifies the circumstances in which an employee, under the FLSA, may have joint employers who can be held jointly and severally liable for wage and hour obligations, such as minimum wage and overtime payments. Ward, EmploymentLaw Subject Matter Expert/Legal Writer and Editor. Four-Factor Balancing Test.
Data Management: Handling large volumes of candidate data securely and in compliance with data protection regulations (e.g., Compliance and Legal Issues Regulatory Compliance: Ensuring compliance with employmentlaws and regulations is more complex with high volume hiring.
Standardize compliance and minimize the risk of a violation. The exercise can help your business grow faster in 2021. Demystify compliance. There is a compliance component to virtually every HR process. Anti-discrimination laws affect recruiting and hiring. Configure timekeeping for meals/breaks laws.
In short, if two or more companies exercise some control over the work or working conditions of an employee, those companies may all be considered to be “joint employers” under certain employmentlaws. Joint Employer Liability — Are you At Risk?
California has long been a trailblazer when it comes to employmentlaws in the United States. As of 2024, California’s employmentlaws continue to evolve, reflecting the changing needs of its workforce and the broader societal landscape. The post What Are California EmploymentLaws 2024?
In California, different tests may be applied for determining if there is a joint-employer relationship depending on the legal issue – such as wage-and-hour liability, sexual harassment, or coverage and responsibilities under the Family Medical Leave Act and the California Family Rights Act. Bianca Saad, EmploymentLaw Subject Matter Expert.
When a staffing agency and a client both exercise control over an employee, the staffing agency is usually considered the primary employer for Family and Medical Leave Act (FMLA) purposes, according to the U.S. Department of Labor (DOL). As one recent court decision shows, however, that’s not always the case. The 4th U.S.
An employee who falls under the administrative exemption, the 6 th Circuit noted, is one: Who earns at least $455 per week; Whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and.
The August 2015 Browning-Ferris ruling brought a new, broader joint-employer test: Is there a common-lawemployment relationship? Does the purported joint employer have the authority to exercise control over the terms and conditions of employment?
In short, if two or more companies exercise some control over the work or working conditions of an employee, those companies may all be considered to be “joint employers” under certain employmentlaws. Joint Employer Liability — Are you At Risk? ).
In this episode of The Workplace podcast, CalChamber employmentlaw expert Matthew Roberts sits down with CalChamber Labor Law Helpline expert Ellen Savage to discuss what has affected every Californian over the last few weeks — natural disasters and their specific impacts on workers and workplaces. Leaves of Absence.
It’s not as if I give you HR-compliance blog posts practically every weekday without asking for anything in return. Let’s see what my employment-law blogging buddy, Jon Hyman , had to say about this : Consider an employer with a strict no-solicitation policy that ignores Girl Scout cookie sales or March Madness brackets.
Section 8 of the NLRA makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7” of the NLRA. Private Contracting Around EmploymentLaws.
Simply put, healthier employees are more productive employees – if you can urge people to eat well, exercise regularly and stave off illness to the best of their abilities, you’re more likely to maintain a strong workforce over the […].
Ordinarily, this is that time of year when I recycle an old Halloween post and ensure that the best blog readers in the world are prepared for the employees that exercise poor judgment when reporting to work on Halloween. 6 tips to avoid turning your costume party into an HR nightmare from Jon Hyman at the Ohio EmployerLaw Blog.
Hiring globally opens the door to a diverse set of legal and cultural issues employers need to manage, and an effective strategy in one situation may not be applicable in the next, says Kevin Coy, a privacy law partner at Arnall Golden Gregory LLP and an expert in General Data Protection Regulation (GDPR) compliance.
Recent changes in employmentlaw have reshaped the business landscape in the UK and beyond. As of last month (April 6, 2024), labor laws in the UK give people even more rights around requesting flexible work arrangements. Flexibility isn’t just a checkbox exercise or trending topic—it’s the currency of modern employment.
(July 16, 2019) – ComplianceHR, a joint venture of Littler and Neota Logic, announces the addition of PolicySmart to its suite of intelligent, on demand, compliance applications. The post ComplianceHR Now Offers Policysmart for Employee Policy Compliance and Management appeared first on ComplianceHR.
Focusing on compliance, this blog is the last in a three part series. Navigating Employee Compliance: Handbook. The world of work has never been more difficult, or risky, for employers in the United States. This is a niche type of lawsuit—imagine the total case sum across all potential employment violations.
Under the GDPR, organizations are most likely processing employee data on the basis that it is necessary for the performance of a contract, complying with EU employmentlaws, or to pursue the legitimate interests of an organization — provided this interest is not overridden by the interests or the rights and freedoms of the employee.
Nature and Degree of Control: This factor examines the extent to which the employer controls how the worker performs their job duties. Analyze whether the employer dictates the work schedule, provides instructions on how tasks should be completed, or exercises significant oversight over the worker’s activities.
In the realm of employmentlaw, particularly in the United States, the terms “exempt” and “non-exempt” play a significant role in defining the rights, responsibilities, and compensation structures of employees. Misclassification of employees can result in costly penalties, back wages, and legal disputes.
Of course we can’t expect reasonable job seekers to waste their time on that fool’s exercise! Hmmm… Have you ever counted all the fields and questions in your employer’s job application? You agree that a 50+ question application is ridiculous and are giggling alongside me as you read this blog.
Most states require employers to provide either paid or unpaid leave to allow employees the opportunity to vote. The few states that don’t require employers to provide leave do have laws that prohibit, for example, retaliating against or interfering with employees who exercise political rights.
Employment Application Requirement & Punishment for Failure to Comply In Sec. ” However, we urge you to consult with your employmentlaw attorney for exact language appropriate for an employment application in your industry as in many cases asking about arrests of any sort on an employment application can be problematic.
As of the date of publication, the DCBA has not yet made this notice available, but employers should continue to regularly monitor the county website. Covered employers should review the ordinance and consult legal counsel with any questions to ensure compliance, and continue to monitor the county website for the required posting.
The Polish legislature is currently working on a couple of labor and employmentlaws that will take effect in 2019 and possibly ring in a new era of HR in Poland. However, the rules stipulate that they cannot use video surveillance to exercise control over the activities carried out by employees during working hours and when off-duty.
Help with Hybrid and Remote Workers With the increasing popularity of hybrid and remote workers and work environments, many people have asked if we have a remote work solution to help with employmentlaw questions surrounding hybrid and remote work. Here are a few common scenarios. Register for a demonstration.
Just as recently, I learned about the passage of a new employmentlaw in the state of Massachusetts that bans employers from inquiring about an applicant’s salary history prior to offering the individual a job. Obstacle #1 – Compliance burden for multi-state employers. Essentially, gut counts for something.
While businesses risk payroll errors and compliance-related exposures, employees are unable to plan their finances and budgets judiciously. As mentioned, accurate calculation and reporting of gross pay are essential for regulatory payroll compliance and maintaining transparency in employment compensation practices.
These badges start as low as $15 and include topics such as: HR Planning, Job Analysis, Job Description, Recruitment, Employee Relations, Employee Engagement, Performance Managment, Training and Development, Compensation, EmploymentLaws, Benefits, Labor Relations and soooo much more! Why do you need these online courses?
In one recent decision that affects most workplaces, the NLRB established a new test for evaluating an employer’s policy, rule, or handbook provision to determine if it will potentially interfere with the exercise of an employee’s NLRA rights ( The Boeing Company, 19-CA-090932 (Dec. 14, 2017)). 25-CA-163189, (Dec. 14, 2017)).
Among other things, the law brought previously exempted employment-related information within the scope of the privacy law, creating new obligations and compliance challenges for California businesses. Implement reasonable security measures with respect to personal information collected.
Legal and compliance: Employmentlaw, labor relations, diversity and inclusion , and regulatory compliance. Once you have finished introductory HR courses, you can move on to more advanced courses that offer specialized training in HR fundamentals like legal compliance, workforce planning, and other key HR areas.
They provide support in the following areas: Recruitment and selection Employee records and documentation HR policies and procedures Employee relations Learning and development Payroll and benefits administration Employee data management and reporting Compliance and legal requirements Confidentiality and data protection.
The protest raises legal issues for employers on two fronts—protected concerted activity and immigration compliance efforts. Although many associate the NLRA with unionized employers, it also applies to nonunion employees coming together to achieve a common goal. Immigration compliance. Concerted activity.
These are meetings with skilled facilitators who facilitate discussions, encourage problem-solving skills, and conduct exercises that help participants relate to one another. Farrell, JD, is a Legal Editor for BLR’s human resources and employmentlaw publications. Before coming to BLR, Ms.
Though most employers already provide access to their IIPPs, updated regulations from Cal/OSHA clarify employees’ right of access to the program and provide specific requirements for compliance. The employer must provide a written copy of the IIPP program, unless the employee agrees to receive an electronic copy. Not a member?
Legal Compliance: Many jurisdictions have legal requirements mandating a minimum notice period that employers must provide to employees before terminating their contracts. Mutual Agreement: Both parties, the employer and the employee, agree to the notice period stated in the employment contract.
Duties and responsibilities HR Generalist job description differs slightly in every organization as well as from country to country, depending on the local employmentlaws and regulations. For example: How would you ensure compliance with national laws and regulations? What does an HR generalist do?
The class was essentially a primer on the basics of employmentlaw, during which I emphasized both the types of claims on which paralegals may assist clients, and the employment-law issues that the audience may encounter for themselvesat work. Image Credit: 401(K) 2012 on Flickr.
Stock plan administration: Highly proficient in administering equity plans, including processing grants, exercises, releases, and cancellations. They ensure all HR activities support the company’s overall business objectives and establish a framework for international employment contracts.
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