Download the 2015 Midyear Employment Law Update now! California’s mandatory paid sick leave law is the story of the year. On July 1, employers had to start providing the benefit to employees. The governor also signed “clean up” amendments to the law that were effective on July 13. It’s already been a busy year with several noteworthy developments that demand employers’ attention. CalChamber’s 2015 Midyear Employment Law Update white paper recaps noteworthy employment law developments, such as important rulings in discrimination and harassment cases. MORE

Founder David Ehrenberg breaks down exactly what you need to do to protect your small business from the biggest employment risks. Why worry about employment law risks when you have enough things to focus on: building your team, getting traction, and lining up funding? This is a guest post, reprinted with permission from our friends at Early Growth Financial Services. MORE

district court ruling is a real game-changer for employers — and not in a good way. In the lawsuit, employees claim the restaurant chain violated Section 510 by reducing their hours below 30 per week to avoid Obamacare’s employer mandate to provide full-time employees with health insurance. This U.S. Turns out, you CAN now be sued for simply reducing an employee’s hours. . MORE

For the past threeNoels, I published “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. On the third day of Christmas, my employment lawyer gave to me. MORE

While we have countless country and labour laws protecting our interests based on not only culture but societal needs, newer countries to the stage offer their own challenges as lawyers and HR professionals work to foster aligning business practices globally without offending the needs of specific cultures and their inherent identity. fully global employment law does not exist. MORE

Last week the GAO released a report of findings from a two year study titled “CRIMINAL HISTORY RECORDS: Additional Actions Could Enhance the Completeness of Records Used for Employment-Related Background Checks.” The Government Accountability Office (GAO) has been busy. At the request of Congress, it’s been looking into criminal background checks. MORE

Employment Law In this week's e-newsletter Management Retention & Turnover bully management prima donnas top performersIf there’s one species of employee managers dread dealing with, it’s the prima donna. Here’s a look at what makes these people tick — and how they can be stopped. Prima donnas are likely the most irritating people in the workforce. MORE

This employer thought its COBRA notices fulfilled its legal obligations. But this recent legal spat revealed two areas employers have to double-check.  . Employment Law In this week's e-newsletter Pay and Benefits benefits COBRA COBRA noticeit failed to adequately provide an explanation of the plan’s COBRA election process. Corrective measures. MORE

There are potential changes to several other employer-related laws that you may need to prepare for. 1. In order to avoid paying overtime compensation, many employers are misclassifying their employees as independent contractors or exempt. If the Department of Labor (DOL) finds out, noncompliant employers could face substantial penalties. Changes in marijuana laws. MORE

For the past two Noels, I published “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). Some musical accompaniment) On the first day of Christmas, my employment lawyer gave to me a lawsuit for my company. On the fifth day of Christmas, my employment lawyer gave to me. Merry Christmas MORE

We’ve answered questions before related to employment laws about giving notice and final paychecks. He is telling us that, due to California law, the company owes him the accrued PTO. As a general rule, what employment laws apply to an employee? Paris] It could be any of the above or all of the above plus don’t forget about federal laws. Final question. MORE

New York City Mayor Bill de Blasio recently signed into law the Stop Credit Discrimination in Employment Act which goes into effect September 1, 2015. It amends the New York City Human Rights Law to prohibit employers from requesting or using an individual’s consumer credit history in making employment decisions. Five news items to pay attention to in HR. MORE

Coverage from the recent budget announcement have confirmed that the government will implement a new National Living Wage for workers The post Employment law update appeared first on. Insurance employment law sick pay MORE

” Me? I’m an employment lawyer whose blogging arsenal consists of strikethroughs , overused Vince McMahon references , and fart jokes. Frankly, I can imagine only one way that our names would ever be in the same sentence: “Eric, do you think that Justice Scalia ever read The Employer Handbook blog?” I really need to create a new meme. ” “No.” MORE

Check out this great infographic from G&A Partners highlighting the costs of FLSA non-compliance to employers in 2014. Infographic Thursday Labor and Employment Law Fair Labor Standards Act FLSA hr human resources As always, if you like this infographic then follow its author here. Best, Rory. MORE

But there’s a clear warning in it for employers as well: Follow OSHA’s reporting requirements or pay dearly. Under OSHA’s new reporting rules, which took effect in 2015, here’s what employers are required to: Report the death of an employee as a result of a work-related incident within eight hours. 1904.39 — to its inspectors. How to report? Inspections. MORE

The EEOC’s latest proposed guidance covers a topic a lot of employers probably think they already know well: national origin discrimination. But the new guidance throws in a few wrinkles about what’s considered discriminatory — and how to stay in compliance — that employers need to know. . But some interesting new ground was covered as well. MORE

Immediately after this year’s reporting season ended, the IRS went to work switching some things up on employers for next year. This year, non-compliance penalties could be waived if an employer showed it made a “good faith” effort to comply with the regulations and deadlines. Talk about no rest for the weary. What changed? New COBRA-related coding. MORE

The ADA’s interactive process has been one of the more vexing aspects of employment law recently. . Not only has the EEOC ramped up its oversight of this complex area, but the regulations surrounding the interactive process don’t paint a black-and-white picture of what exactly employers need to do. The benefit to employers. Interactive process: a definition. MORE

Governor Brown signed significant employment-related legislation into law for 2016. For clear explanations of your employer obligations, take a seat at one of CalChamber’s 2016 Employment Law Updates seminars in January. Join our employment law experts for a comprehensive review and discussion of recent legislation, including changes to California’ gender wage equality laws and employee leave protections, amendments to the paid sick leave law, enhanced enforcement powers for the Labor Commissioner and much more. MORE

For starters, the changes to the FLSA’s overtime regulations are likely to exacerbate an already troubling issue for employers: timesheet fraud. But timesheet fraud is a real problem that can take a huge chunk out of employers’ bottom lines — especially for those in industries and jobs where it’s easy for workers to cheat. Employer safeguards. Timesheet fraud. MORE

Like most things in the law, the answer is, “It depends” on the law about which you are concerned. There are also potential common law claims under states law (e.g., If it’s discrimination liability, there is no issue for the individuals under since Title VII and the other federal employment discrimination laws, none of which provide for any individual liability. Here is the part, however, to which Ohio employers must pay attention. Related Stories Company expands leave benefits for working mom, but what about the dads?! MORE

The FMLA penalty for violating the law’s posting requirements will increase from $110 to $163 for each separate offense. It’s increasing the penalties for employers who knowingly employ an unauthorized worker and employers who commit other immigration-related violations. Example: The minimum penalty for knowingly employing an unauthorized worker will increase from $375 to $539 per worker. Employment Law In this week's e-newsletter ada dol eeoc erisa FMLA (Family Medical Leave Act) penaltiesWhat’s behind all of this? . MORE

And it has led a lot of employers to ask: Can workers who engage in such political protests be punished? If you’re a private employer, you can punish workers for engaging in protests similar to Kaepernick’s if the protests violate an organizational rule or expectation, and/or causes a disruption in the business, or paints the organization in a negative light. Social media. MORE

One federal agency continues to take the shredder to common, and seemingly harmless, employer policies. The National Labor Relations Board (NLRB) just issued another ruling that  all employers — not just unionized shops — have to abide by, according to federal law. And this time, it may have made its most head-scratching move of them all. . Cue the facepalms. . MORE

Regardless the reason, my favorite band gets billing as the honoree of this month’s Employment Law Blog Carnival, as we look at the month’s best blog posts through the swarthy lens of some of the Old 97’s best songs. Employment Essentials has some suggestions, in The EEOC Asks: Is Your Corporate Wellness Program Really Voluntary? Dill at Walcheske & Luzi, in Wisconsin Supreme Court Adds New Twist to Restrictive Covenant Law , and Heather Bussing at HR Examiner, in People Are Not Trade Secrets , offer some suggestions. Narcotics and one-night stands. Jesse R. MORE

The California Chamber of Commerce today released the list of  new employment laws  scheduled to take effect in 2016 or earlier that will have an impact on businesses in California. The CalChamber also reminds employers that the minimum wage increases on January 1, 2016, to $10 an hour. Employers have been hit with multimillion-dollar lawsuits for minor violations.”. MORE

Employment law is a scary enough theme. What happens when employer discovers that former employee is working for a competitor? Janette Levey Frisch, the EmpLAWyerologist, offers a more positive take on employees competing against their former employers. In his first post Doug tackles commute time in FLSA FAQ: Commuting in an Employer-Provided Vehicle. Scary stuff. MORE

<www.chicagobookclinic.org> …So this morning I was reading the DOL website and came across this piece highlighting a $275k plus back wages settlement levied against Staples Contract and Commercial for failing to properly notify an executive of his right to take job protected leave under the  Family and Medical Leave Act  prior to discharging his employment. Happy Friday, Rory. MORE

Change is sweeping through employment law, and small businesses are finding themselves caught in the riptide. Talent Acquisition employment lawWith an increase of lawyers filing Fair Credit Reporting Act (FCRA) class action lawsuits. Visit site for full story. MORE

We’re smack in the middle of a vicious cycle for employer policy making — the more the NLRB continues to broadly interpret the speech protections of the National Labor Relations Act (NLRA), the more labor charges it receives on the issue. The result for employers:  more communication policies  are being tagged “illegal.” What’s on the chopping block now? MORE

The DOL’s changes to the FLSA white collar overtime exemption regulations aren’t just going to be a financial headache for employers; they’re also going to be a managerial dilemma. Odds are the average worker’s going to blame you, their employer. Are you ready for the three most difficult conversations you’ve had in a while? . Comp conundrum. ” 3. MORE

Continuing its tradition, California rings in the new year with changes to employment laws. Did you also know that employers can now be accountable for wage-and-hour violations when they use staffing agencies or other labor contractors to hire workers? Fortunately, it’s not too late to learn more about these and other noteworthy new laws. On January 29, CalChamber’s annual employment law updates webinar reviews new requirements, relevant court cases from 2014, as well as pending court cases and regulatory changes. Webinar:  2015 Employment Law Updates. MORE

People seem to like lists, so here’s one to kick off this month’s Employment Law Blog Carnival. So, for this month’s Carnival, I present employment law according to the greatest band of the last 20 years, the White Stripes. Don’t be a rat to your employer (current or former) by blabbing this stuff. The 1960s — The Beatles (with apologies to the Rolling Stones). MORE

former DOL administrator recently opened a lot of employers’ eyes with what she had to say about the new rule. . So she has a unique handle and perspective on how the new overtime rule will be enforced and how employers can go about complying with it. She’s now an employment law attorney with the firm Littler Mendelson, P.C. Think $913, not $47,476. MORE

To help employers craft handbooks that don’t violate the National Labor Relations Act, the National Labor Relations Board has issued a compilation of rules it has found to be illegal — and rewritten them to illustrate how they can comply with the law. to “help employers to review their handbooks and other rules, and conform them, if necessary, to ensure they are lawful.” ” Specifically, the memorandum points out employer policies found to violate and conform to Section 7 of the NLRA. Griffin, Jr. The main area of concern. MORE

Here, we in HR are going back to school too with lessons taught us in the Employment Law Blog Carnival, hosted by Blogging4Jobs. You have an opportunity to learn about dealing with medical marijuana, I-9 forms, and the sticky area of California employment law. So check it out and learn some law, it will do you some good. I learn a lot from lawyers. You can too. MORE

The employment law attorneys at  Foley & Lardner LLP  put together a handy  guide for HR pros to follow when they need to interview a staff member following an employee complaint. The reason: An employer’s concern with protecting the integrity of the investigation isn’t always sufficient to outweigh employee rights. Here are the highlights. …and closing the loop. MORE

By Michael J. Lotito and Ilyse Schuman. HR Management HR News HR Trends Labor Relations Legal, Compliance & Policies MORE

The DOL has said that by the end of 2018, it plans to audit every employer covered by the ACA for compliance with the healthcare reform law. Realistic or not, it sent a strong message to employers. . What’s bound to get employers in trouble when the feds come knocking? Employment Law Healthcare Reform Special Report ACA dol healthcare reform Obamacare penalties MORE