# BeAuditSecure

> You Cannot Be Audit Proof, But You Can Be Audit-Secure!


## Posts

- [SBS 023: Can I Require Employees to Share Hotel Rooms?](https://helpdesksuites.com/2015/08/20/sbs-023-can-i-require-employees-to-share-hotel-rooms/): You’re sending employees out to a conference. Overnight hotel rooms need to be booked. Saving money by sharing hotel rooms may seem like a great idea. But, is it? Come on in and find out. I can’t promise to take this topic easily. So, buckle up! Who will be my HR Superstar today? Stick around and find out! Hint: Do you wish you were Big? Here are some cool and helpful links! Hostile work environment Big Millennials in the Workplace – a Positive View   Now,  you can also use SpeakPipe to record your questions! When I use your question on one […]
- [SBS 022: Withholding Medical Records and HIPAA](https://helpdesksuites.com/2015/08/18/sbs-022-withholding-medical-records-and-hipaa/): When medical records are requested , can we withhold them pending payment of our required fee? Good question! That one came in from a medical practice employee that recently listed to one of my audio conferences on HIPAA. Wanna know the answer? Get ready. I’m pretty passionate on this topic. Who will be my HR Superstar today? Stick around and find out!Hint: Houston, we have a problem! Here are some cool and helpful links! http://www.lamblawoffice.com/medical-records-copying-charges.html HIPAA site Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free […]
- [HR Made Me Fat! Part Three](https://helpdesksuites.com/2015/08/10/hr-made-me-fat-part-three/): HR Made Me FAT! Part Three Ok. I know you’re pretty  fed up (no pun) with my delaying in telling you what my Dr. discovered after reviewing the lab-work I told you about in Part Two. The HR Fat Dragon has been uncovered!
- [SBS 021: Lessons from Tonight Show’s Jimmy Fallon](https://helpdesksuites.com/2015/08/06/sbs-021-lessons-from-tonight-shows-jimmy-fallon/): Jimmy Fallon should teach management and communications courses. Better yet, let’s just take a look at what he does well and apply the techniques to our businesses. Who will be my HR Superstar today? Stick around and find out!Hint: He took it on the chin! Here are some cool and helpful links! Applied Improvisation Yes And Jay Leno Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! or send an email here. When I use your question on one of my episodes, you will receive a free T-shirt! So, be certain to leave […]
- [Andere Seminars is Approved and Preferred for HRCI and SHRM Credits](https://helpdesksuites.com/2015/08/05/approved-hrci-and-shrm-credits/): Are you Approved or Preferred? Effective July 31, 2015 Andere Seminars, the creator of BeAuditSecure.com, is now listed as a SHRM Preferred Provider and a HRCI Approved Provider. So, what does all of that mean? Good Question!
- [Free Live Webinar: How to Become a Successful HR Seminar Speaker and Beyond](https://helpdesksuites.com/2015/08/05/succeed-as-a-seminar-speaker/): How to Become a Successful HR Seminar Speaker and Beyond Seminar Speakers are in the unique position of earning a living, traveling around the world, building businesses and helping others all at the same time. But, this is not a ‘Get Rich Quick’ and several people fail in this process. Why? Mainly because they do not take the time to learn from the mistakes of those who have made it happen for themselves.
- [SBS 020: Paid Sick Leave Law and Domestic Violence Leave](https://helpdesksuites.com/2015/08/04/sbs-020-paid-sick-leave-law-and-domestic-violence-leave/): Many States have enacted paid sick leave laws that also add protections for paid time off related to domestic violence and other issues employees face. Tune in and find out what may be coming to your state and is the law already there? Who will be my HR Superstar today? Stick around and find out! Hint: To the moon Alice! Here are some cool and helpful links! California Paid Leave Laws Other paid leave laws by state Astronaut Wives Club  Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your […]
- [SBS 019: Wage and Hour Lawsuits](https://helpdesksuites.com/2015/07/30/sbs-019-wage-and-hour-lawsuits/): The Department of Labor expects wage and hour suits to increase dramatically over the next year or so. The new exempt status classification guidelines and salary increase may likely spark controversy in many organizations! Tune in to hear more about this situation and how employers can prepare now! Who will be my HR Superstar today? Stick around and find out! Hint: Gone HIPAA? Here are some cool and helpful links! Overtime Exemptions Gone   Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you […]
- [HR Made Me Fat! Part Two](https://helpdesksuites.com/2015/07/30/hr-made-me-fat-part-two/): HR Made Me FAT! Part Two Ok – Let’s talk turkey. In Part One, I promised you I would talk about my struggle to find the secret to taming the HR Fat Dragon. I believe I have found it, but the final results are not in yet. So, let me start by telling you what I have tried on my way.
- [SBS 018: July 2015 Independent Contractors Classification](https://helpdesksuites.com/2015/07/28/sbs-018-july-2015-independent-contractors-classification/): July 2015 has been a hot month! The US Department of Labor issued two very important items this month. Employers who use independent contractors or, workers not on payroll, will want to pay close attention to this episode! The winds they are a changing’! Who will be my HR Superstar today? Stick around and find out! Hint: Your uncle is sometimes your Ant! Here are some cool and helpful links! DOL: Independent Contractor vs. Employee Memo Ant Man Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your question on […]
- [SBS 017: Want to BE a Human Resources Consultant?](https://helpdesksuites.com/2015/07/23/sbs-017-want-to-be-a-human-resources-consultant/): Tired of making money for other people? Do you dream of self-employment and being truly valued for your expertise? Maybe it’s time to be the human resources consultant! Who is our HR Superstar today? Hint: Clickety Clack – She ain’t fat! Here are some cool and helpful links! Authority Devil Wears Prada Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! So, be certain to leave me your contact information. I need to know where to aim […]
- [SBS 016: DOL Overtime Rules and Next Steps](https://helpdesksuites.com/2015/07/21/sbs-016-dol-overtime-rules-and-next-steps/): The Department of Labor finally issued the proposed overtime rules for the re-vamping of overtime exemptions. What should employers do to prepare? Listen in and find out! Who is our HR Superstar today? Hint: So bad it can’t be real. Here are some cool and helpful links! Free Webinar UnReal   Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! So, be certain to leave me your contact information. I need to know where to aim my […]
- [HR Made Me Fat! Part One](https://helpdesksuites.com/2015/07/20/hr-made-me-fat/): HR Made Me FAT!  On this point I will not negotiate. I was a lovely young maiden back in the day. I married, had two children and managed to keep my girlish figure. Then one day I moved into a position requiring me to perform many human resources related duties. Boom! I started to gain weight and lost that girlish figure. Oh yeah, I also had my third and final child. The baby girl. 🙂
- [Who's the Boss? Determining "Employer" Status](https://helpdesksuites.com/2015/07/16/determining-employer-status/): Is it possible to hold an employee of a company responsible for damages  and penalties  in  a lawsuit  or audit because they hold “employer” status? Who’s the boss anyway? In the recently published Administrator’s Interpretation Dr. David Weil, Department of Labor Administrator,  mentioned the definition of the word “employer”. He quoted the Fair Labor Standards Act, or FLSA, defining an employer as ““any person acting directly or indirectly in the interest of an employer in relation to an employee,” 29 U.S.C. 203(d).
- [SBS 014: SCOTUS Same Sex Marriage Ruling](https://helpdesksuites.com/2015/07/16/sbs-015-same-sex-marriage-vs-opposite-sex-marriage-in-the-workplace/): Here all about the SCOTUS ruling on same-sex marriage. Please leave a comment and rating on iTunes! Listen to Small Business Spoonfuls below:
- [BREAKING NEWS: DOL Issues Independent Contractor vs. Employee Classification Memo](https://helpdesksuites.com/2015/07/11/dol-independent-contractor-vs-employee-classification-administrators-interpretation/): On July 15th 2015, Department of Labor (DOL) Administrator, David Weil, issued the much anticipated Administrator’s Interpretation 2015-1 clarifying the DOL position regarding the independent contractor vs. employee debate.
- [GINA and the Poopie Employee](https://helpdesksuites.com/2015/07/11/disc-go-wrong-2/): “The Employer Needed Pooper Scooper” may be a better title for this post! So what is GINA and why am I talking about poop? Hang in there and let me explain.
- [Q and A Today Webinar From May](https://helpdesksuites.com/2015/07/09/q-and-a-today-webinar/): Q & A Today Replay Group Coaching with Lisa Smith Focus: Payroll department stumbling blocks. Live presentation: May 2015 Webinars are great! A focused topic that teaches us “How to” or maybe ‘How not to”.  We get answers to the questions the webinar developer believes we need. But, sometimes we just need a little more. We need OUR questions answered. Group Coaching is EVEN BETTER! Welcome to Q & A Today: Group Coaching with Lisa Smith! In this series of meet-ups (or hang-outs), I will take your questions and give you the answers that work for you. The focus of this […]
- [SBS 013: Is Human Resources allowed to fire an employee for Facebook comments?](https://helpdesksuites.com/2015/07/09/sbs-013-is-human-resources-allowed-to-fire-an-employee-for-facebook-comments/): Employees who post Facebook comments that speak negatively about the company  or even a boss have become major concerns to employers. Can I have a policy  forbidding this activity? What happens if I  fire a worker? Tune in and let’s discuss this sticky legal matter. Who  is our HR Superstar today? Hint: Working nine to five  isn’t everyone’s fantasy. Here are some cool and helpful links! Andere Foundation NCADV Partnership Corporate Training Protected Activity in Social Media Nine to Five Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your […]
- [You're getting Overtime Pay and so are YOU, YOU and YOU!](https://helpdesksuites.com/2015/07/08/youre-getting-overtime-pay/): Now here’s something all will love to hear:  “You may be getting a pay raise if you make less than $50,440 a year (before taxes)!” 
- [SBS 012: IRS Addresses Questionable Employment Tax Practices](https://helpdesksuites.com/2015/07/07/sbs-012-irs-addresses-questionable-employment-tax-practices/): The QETP (Questionable Employment Tax Practices Initiative) is a very serious program that may cause your  business to endure multiple audits all at the same  time. Listen in as I  explain the QETP and help you evaluate the risk your small business may be facing. Who  is our HR Superstar today? Hint: Just go with it! Here are some cool and helpful links! QETP Just go with it! Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! […]
- [Where DISC we go wrong?](https://helpdesksuites.com/2015/07/06/disc-go-wrong/): According to Wikipedia, “DISC is a behavior assessment tool based on the DISC theory of psychologist William Moulton Marston, which centers on four different behavioral traits: Dominance, inducement, submission, and compliance. It is not a personality assessment, it shows your behavior when the person is in a particular environment.”   Nowadays, many people in the corporate world, who are applying for jobs, must take this type test as a part of the interviewing process and assessment. Based on its results, they can be considered or not for a position.   However, this could be a double-edged sword when it comes to choosing the “right” candidate. […]
- [Free Webinars Promote Better Employment Law Compliance for Small Businesses](https://helpdesksuites.com/2015/07/02/free-webinars-promote-better-employment-law-compliance-small-businesses/): Employment law compliance is like a merry-go-round that is spinning out  of control. Employers and HR/Payroll managers are struggling to keep up with the breaking news and understand what all of these changes mean for them. Training is KEY to understanding, implementing and complying with the regulation changes and updates that can land your organization in the  middle of a costly audit, inspection, or employee lawsuit. Training can be costly. But, a lot of training these days is very inexpensive and some is  FREE! I love the Quick and Dirty Tips podcast on iTunes. So, my QDT for you today is […]
- [SBS 011: Medical Mary Jane (Medical Marijuana) : A Firing Offense?](https://helpdesksuites.com/2015/07/02/sbs-011-medical-mary-jane-medical-marijuana-a-firing-offense/): Are you  in a Medical Marijuana state? As an employer, you may be wondering if you can terminate a worker who  is treated with Medical Mary Jane by a physician for  an ADA protected disability. Tune in for the breaking news related to a recent Colorado Supreme Court decision that will affect employers across the nation! Who  is our HR Superstar today? Hint: Everything is a game. Know how to play socially. Here are some cool and helpful links! Medical Marijuana Decision Fired for Dancing with Mary Jane? Social Network Please leave a comment and rating on iTunes! Listen to Small Business […]
- [Connecticut: Employers Pay  Double Damages for Minimum Wage and Overtime Violations](https://helpdesksuites.com/2015/07/01/minimum-wage-in-connecticut/): Minimum wage in Connecticut just got  real. Employers in Connecticut will be paying double damages PLUS court costs and attorney’s fees for wage and hour violations as of October 1st, 2015. In a recent article, Littler Mendelson attorneys published the following explanation:
- [FREE Webinar:Proposed Changes to Overtime Regulations Overview](https://helpdesksuites.com/2015/06/30/overtime-webinar/): FREE Webinar: Proposed Changes to the Overtime Regulations The DOL has issued the Proposed Rule we have all been anticipating. Join us for an overview of the proposed changes and find out which are more likely to stick than others.
- [Training as a Voluntary Benefit? Hmmmmm](https://helpdesksuites.com/2015/06/30/training-voluntary-benefit/): Whose job is it to pay for training? We have always assumed the employer will develop staff and encourage them to grow professionally by supplying training. But, is that true today? Was it ever really true at all? Is this assumption even fair?
- [SBS 010: Must HR Provide Employee Benefits for Paid Sick Leave?](https://helpdesksuites.com/2015/06/30/sbs-010-must-hr-provide-employee-benefits-for-paid-sick-leave/): Paid sick leave is sweeping the nation. Built into many of these new laws is also paid time  off  for a death and paid domestic violence leave. How does this effect your organization? Tune in and find out! Who  is our HR Superstar today? Hint: That’s what  she  said. Here are some cool and helpful links! Paid Bereavement Leave Paid Leave Info Document Michael Scott’s HR  Training FAIL Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! […]
- [Naughty Girls Need Minimum Wage and Overtime Too!](https://helpdesksuites.com/2015/06/29/naughty-girls-need-minimum-wage-overtime/): OK. So, Samantha Fox may not have actually sang those words back in the late ’80’s. But, the operators of Florida and Ohio strip club chain Scarlett’s Cabaret agreed on June 26th to pay up to $6 million to end a wage-and-hour class action brought by current and former exotic dancers.
- [Bonus: Supreme Court on ACA and Same Sex Marriage](https://helpdesksuites.com/2015/06/26/bonus-supreme-court-on-aca-and-same-sex-marriage/): Bonus: Breaking news episode! The Supreme Court of the USA has ruled on the Affordable Care Act and Same sex Marriage. Tune in and get the bonus information! You heard it here first. Employers will have some homework effective TODAY! Here are some cool and helpful links! Supreme Court Ruling on ACA Supreme Court Ruling on Same-sex Marriage Please leave a comment and rating on iTunes! Now, you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! So, be certain to leave me your contact information. […]
- [Breaking News: Supreme Court Ruling on Same-sex Marriage](https://helpdesksuites.com/2015/06/26/supreme-court-same-sex-marriage/): The U.S. Supreme Court has ruled ruled that there is a constitutional right to same sex marriage under the 14th Amendment, striking down state-level bans on the practice. In a 5-4 decision, the court majority ruled that the equal protections granted by the 14th Amendment extend to the right to marry regardless of whether a marriage involves same sex or opposite sex partners.
- [Breaking News: Supreme Court Ruling on ACA Means Little Change for Employers](https://helpdesksuites.com/2015/06/25/supreme-court-aca/): Today  the Supreme Court released its ruling upholding  the ACA Subsidies  for Coverage Purchased on the Federally Facilitated Health Care Exchanges. This means that individuals may continue  receiving  subsidies under federal exchanges and employer ARE still subject to  “Pay or “Play” penalties. Katelyn D. Winslow from FordHarrison.com gave the following explanation today.
- [Spoonful of HR: Rule of 3s](https://helpdesksuites.com/2015/06/25/rule-3s/)
- [SBS 009: Should HR Managers Consider Sexual Harassment Training Necessary?](https://helpdesksuites.com/2015/06/25/sbs-009-should-hr-managers-consider-sexual-harassment-training-necessary/): Do your employees understand Sexual Harassment? Title VII is the Civil Rights Act of 1964. Sexual Harassment is covered until this historic act and as an employer or manager you are required to know how the Supreme Court of the US rules on matters related to all subjects of this nature. So, tune in and let’s discuss the necessity (or not) of Sexual Harassment training in your organization. Who is our HR Superstar today? Hint: The corporate battle for power and control can be explosive! Here are some cool and helpful links! Supreme Court Ruling Training Cornerstone Halt and Catch Fire! […]
- [Be the Hero on a Budget: Training your workforce for FREE!](https://helpdesksuites.com/2015/06/24/training-your-workforce-for-free/): In a perfect world employees would provide training for themselves and do it willingly. Workers would take professional development seriously and seek to keep digital skills current. Topics like communication  and problem solving would be on the tips of lips around the water  cooler. That isn’t the case today. So, are employers missing something? With so many options for online professional development the question has become: Why is training viewed  as an “employer only” responsibility? Want to know the  answer? Cool. You have come to the  right place.
- [Do You Have a PAID Bereavement Leave Policy?](https://helpdesksuites.com/2015/06/24/paid-bereavement-leave-policy/): How about a PAID leave policy for time off due to domestic violence issues? Most employers will answer NO! But, in Oregon both are mandatory as per this new law. Read the  following article and think about how you will handle this type of legislation when it comes to your state.  Enjoy! Lisa
- [Spoonful of HR: What is considered overtime in Texas?](https://helpdesksuites.com/2015/06/24/considered-overtime-texas/)
- [How to Audit-Secure Your Business](https://helpdesksuites.com/2015/06/23/audit-secure-business/): An 8 step formula to surviving an audit or lawsuit Oh my goodness! Will someone please address the problems with FLSA before this whole country explodes!
- [SBS 008: Big Boss Won’t Pay Overtime.](https://helpdesksuites.com/2015/06/23/sbs-008-big-boss-wont-pay-overtime/): Has the question of overtime payment come up in your organization? Sometimes the concern over budget tries to override  the reality that employers MUST pay  overtime when a worker clocks over 40 hours in a 7 day work-week. Tune  in to this episode and find out how you can view this issue  and handle it responsibly in your business. Who  is our HR Superstar today? Hint: Sometimes we can’t see the forest for the trees! Here are some cool and helpful links! Employee Misclassification Ecolab Suit Overtime Legislation Imminent Wayward Pines Please leave a comment and rating on iTunes! Listen to Small […]
- [Spoonfuls of HR: How many work hours are in a typical day?](https://helpdesksuites.com/2015/06/23/many-work-hours-typical-day/)
- [Spoonful of HR: What is Full-time?](https://helpdesksuites.com/2015/06/22/full-time/)
- [Millennials in the Workplace: How they are changing the game?](https://helpdesksuites.com/2015/06/22/millennials-in-the-workplace/):             How they are changing the game. As the team of young people called millennials soon become the largest group in the workforce, more attention is being directed to their perspectives, goals, and desires. Millennial’s most noticeable characteristic is the extensive use of  technology ranging from mobile devices, and communication apps, to modern gadgets, face-to-face meetings and social networking tools. The younger you are, the more eager you are to devote time and energy into new tools and practices that promise higher productivity and connection. Deloitte Global fourth annual Millennial Survey was just released, and it shows what the […]
- [Spoonful of HR: Paid Time Off](https://helpdesksuites.com/2015/06/19/paid-time/)
- [SBS 007: How soon must payroll processors implement an employee’s new W-4?](https://helpdesksuites.com/2015/06/18/sbs-007-how-soon-must-payroll-processors-implement-an-employees-new-w-4/): Sometimes implementing a W-4 change can be a real task; especially when employees change the game time  after time to juggle taxation. So, the question always comes up: Do I have to reflect the change immediately or is there a grace period for a payroll processor? Tune in and find out exactly what the IRS says you can do with this basic, but sometimes frustrating situation. Who  is our HR Superstar today? Hint: “There are a lot of sick tickets in this town!” Here are some cool and helpful links! W-4 Completion IRS w-4 Guidelines Steel Magnolias Please leave a comment and […]
- [Spoonful of HR: What is the minimum wage?](https://helpdesksuites.com/2015/06/18/minimum-wage/)
- [ASTV: Employees Who Won't](https://helpdesksuites.com/2015/06/17/astv-employees-wont/): The concept of employees who refuse to follow the policies and procedures is beyond my comprehension. Listen in as I discuss this matter that many managers struggle with.
- [Spoonful of HR: How soon must an employee be paid after resignation or termination?](https://helpdesksuites.com/2015/06/17/soon-must-employee-paid-resignation-termination/)
- [SBS 006: Deductions payroll can dock from an employees pay.](https://helpdesksuites.com/2015/06/16/sbs-006-deductions-payroll-can-dock-from-an-employees-pay/): Payroll processors, you know deducting money from an employee’s paycheck is a touchy subject. Determining the type of worker you are dealing with is job one. Some worker classifications carry little room for docking money from pay. Today I will discuss this question and give a variety of items to  consider before deducting any money your employee has earned. Who  is our HR Superstar today? Hint: Burnt down bar owner seeks baby-sitter. Here are some cool and helpful links! Exempt worker pay docking Free Content Library Nolan Ross Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When […]
- [Spoonful of HR: Parental Leave](https://helpdesksuites.com/2015/06/16/parental-leave/)
- [ASTV: OSHA Healthcare Inspections](https://helpdesksuites.com/2015/06/15/astv-osha-healthcare-inspections/): OSHA Announces Intent to Increase Inspections of Healthcare Facilities Click here > 8 Questions You MUST Ask about the New OSHA Record-keeping to download the e-book I mentioned in the video! It’s inside the free library. About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com. Smarter is Better Solutions for a Smarter Compliance Strategy Here’s what we’ve got for you: Over 20 Video and Audio Solutions to start you on an Audit-Secure action plan for […]
- [Spoonful of HR: Meals and Breaks](https://helpdesksuites.com/2015/06/15/meals-breaks/)
- [Spoonful of HR: How often must my employer raise my pay?](https://helpdesksuites.com/2015/06/14/often-must-employer-raise-pay/)
- [SBS 005: Is Human Resources using the wrong I-9 form?](https://helpdesksuites.com/2015/06/11/sbs-005-is-human-resources-using-the-wrong-i-9-form/): Using the wrong I-9 form? Uh, Oh! Well several people made this  mistake.  Correct the errors now before ICE does it for you. In this episode I will discuss the How To’s of facing this and other I-9 challenges. Who  is our HR Superstar today? Hint: She is one spicy lawyer who will make you laugh until you want to fire her boss! Here are some cool and helpful links! I-9 Central Correct version of the I-9 Cristella Leave us a comment or send us a question in the section below! Now,  you can also use SpeakPipe to record your questions! When I […]
- [FMLA Errors Equal $275,000 Fine for Staples](https://helpdesksuites.com/2015/06/10/fmla-errors-equal-275000-fine-staples/): Ouch! Somebody got Stapled. I was 5 years old. In kindergarten when Mrs. Cash told me she would staple my mouth shut for talking to much and asking too many questions. I told her that my daddy  would call the police and she would be in jail if she did that. She spanked me. It was her job to nurture and protect me. To take care of me and guide me. I guess in my mind I did get Stapled!
- [SBS 004: DOL Audit Alert: Independent Contractor Misclassification](https://helpdesksuites.com/2015/06/09/episode-4-dol-audit-alert-independent-contractor-misclassification/): In this episode I will discuss some key factors you must consider before classifying a worker as an independent contractor or  1099 worker. Do you know your ABCs? Huh? Exactly! Listen in and find out if you’re “doing it right”. Who is out HR Superstar for today? Well, all I can tell you is this: a super smart person may have a blast in HR. But, that’s just my hypothesis. Cool and Helpful Links: Misclassification of Exotic Dancers! Helpful article on the importance of a W-9 Big Bang Theory  Leave us a comment or send us a question in the section […]
- [Breaking News: BIG DOL Announcements Imminent!](https://helpdesksuites.com/2015/06/08/breaking-news-dol-announcements-imminent/): OMG! The DOL has promised us the new proposed guidelines for classifying Exempt workers No-Later-Than June 18th of this year. That’s pretty exciting stuff for employment law geeks like me! But, WAIT! There’s more………….
- [SBS 003: Wage Garnishments](https://helpdesksuites.com/2015/06/04/episode-3-wage-garnishments/): Join me for this Q & A about how to handle the tricky situations that arise when dealing with employee wage garnishments. I will be offering some awesome tips for making the process run a little easier in the payroll office. Who is my HR Superstar for todays’s episode? I’ll give you a hint: She may be your secretary, but never ask her to serve you Tea! Got it? No? Then get in here and solve the mystery! I’ll see ya’ on the inside! Cool and Helpful Links: Garnishment laws by state are in HelpDesk for AR Professionals Madam Secretary  Leave […]
- [Breaking News: FMLA Forms are Ready!](https://helpdesksuites.com/2015/06/02/breaking-news-fmla-forms-ready/): That crazy DOL! Boy can they play with employers when they want.
- [Atlanta Law Firm Charged with Exempt Employee Misclassification](https://helpdesksuites.com/2015/06/01/atlanta-law-firm-charged-with-exempt-employee-misclassification/): Uh oh! Even the attorneys get it wrong sometimes. Exempt Employee Misclassification is not joke! The case has not actually been decided. But, the claim sounds reasonable. The thing that makes this case so intriguing and not just a little bit scary is the fact that this particular law firm advertises Wage and Hour Law as one of their specialties. Read the article below posted by attorney Lawrence J. Buckfire. Then, you make the call!
- [Generation Frustration - 4 generations in the workplace today](https://helpdesksuites.com/2015/06/01/generation-frustration-4-generations-workplace-today-may-frustrate-one-another/): Nowadays, companies find themselves handling four generations of American workers. Each group has its own distinctive characteristics, ethics, and approaches toward work, based on its generation’s life experiences. Let’s take a look at the 4 generations in the workplace and how they interact with one another: Veterans (Born between 1925 and 1946) Baby Boomers (Born between 1946 and 1964) Generation Xers (Born between 1965 and 1980) Generation Ys or Millennials (born after 1980) As these four generations collide in the workplace, companies can no longer abide by traditional rules of leadership and management. In order to stop the generational collisions from happening, managers and leaders […]
- [SBS 002: Should I trust my attorney?](https://helpdesksuites.com/2015/06/01/episode-2-should-i-trust-my-attorney/): What happens when you get conflicting information? Do you trust your attorney if s/he conflict with other sources you consult? Listen in as I discuss the Pros and Cons of trusting only one source; even if that source is your attorney! Plus find out who I have awarded HR Superstar for Episode 2! Want a clue? Ok – a family business isn’t always easy. Sometimes your brother is a real dictator! Cool and helpful Links: Atlanta law firm accused Reasonable Basis Rule of 3s Tyrant Leave a comment or send me a question in the section below! Soon, you will be […]
- [SBS 001: Can all of my employees be salaried exempt?](https://helpdesksuites.com/2015/05/28/episode-1-can-all-of-my-employees-be-salaried-exempt/): In today’s Spoonful I am discussing the basic criteria a position in your company must meet in order to be classified as Exempt from minimum wage and overtime laws. Can everyone in your organization be Salaried Exempt? Listen in and find out the answer to this question and more! Also, stick around and find out which TV show made the cut today for HR Superstar status! Maybe it’s a good example and maybe I bestowed this honor for being a cautionary tale to us all. Either way, you will go mad when you see how this one ends! Cool and Helpful Links: […]
- [Gamer-mind: Understanding a misunderstood generation](https://helpdesksuites.com/2015/05/28/gamer-mind-understanding-misunderstood-generation/):   What skills are necessary to be a good/great gamer?   Think of Gamers as antisocial, introvert slackers? Think again. According to the 2014 Essential Facts report by the Entertainment Software Association (ESA) 59 percent of Americans play video games. The average gamer is 31 years old, and 71 percent are age 18 or older. When you look at this facts you realize that the gamer mentality is out there, and it’s a big part of the people who belong to your organization. Gamers like to win on average, they believe that winning is everything but they also understand failure, and they ok with it because […]
- [Spoonful of HR: Show Up Pay](https://helpdesksuites.com/2015/05/26/spoonful-show-pay/)
- [Bloodborne Pathogens Training](https://helpdesksuites.com/2015/05/26/blood-borne-pathogens-training/)
- [Massachusetts Employer Held Liable for Actions of Ex-rep](https://helpdesksuites.com/2015/04/28/massachusetts-employer-held-liable-actions-ex-rep/): Employers! Watch your associates – past and present – because they may determine your future. The following is an article published today by Michael Felsen – the Labor Department’s regional solicitor of labor in Boston. test this change We often rely on the testimony of workers, who observed or were affected by safety and health violations, when a company contests OSHA citations before an administrative law judge of the Occupational Safety and Health Review Commission.  Employee cooperation and candor are crucial to these efforts.  Just as important, employees who give testimony are protected by the Occupational Safety and Health Act from retaliation […]
- [HR, Employees and Social Media](https://helpdesksuites.com/2015/02/27/hr-employees-social-media/): I recently came across an article by Bernard Marr that described a few good ways to ruin your career. He basically says underestimating the power of social media is one of the main ways to lose your job. For instance, a public relations executive posted multiple offensive comments that finally  lead to one super thoughtless tweet. How about the sexist firefighters in Toronto who made degrading comments about women?
- [Paid Sick Days and the City (of Brotherly Love)](https://helpdesksuites.com/2015/02/26/paid-sick-days-city-brotherly-love/): Philadelphia Enacts Paid Sick Leave Ordinance for Virtually All Employers The following article was published by Litter Mendelson on February 14, 2015 Authors: Ben Huggett and Barbara Rittinger Rigo After seven years and two previous vetoes, on February 12, 2015, Philadelphia City Council passed, and Mayor Michael Nutter promptly signed into law, the Promoting Healthy Families and Workplaces Ordinance (“the Ordinance”) with a May 13, 2015 effective date.  With this action, Philadelphia becomes the 17th major city1 to mandate that most employers provide paid sick leave to employees, joining several municipalities in neighboring New Jersey, as well as the states of […]
- [DOL Redefines the FMLA "Spouse"](https://helpdesksuites.com/2015/02/23/dol-redefines-fmla-spouse/): US Labor Department updates Family and Medical Leave Act’s definition of spouse  Effective March 27, 2015, workers in legal, same-sex marriages, regardless of the state in which they live, will now have the same rights as those in opposite-sex marriages to federal job-protected leave under the Family and Medical Leave Act (FMLA) to care for a spouse with a serious health condition.
- [Supreme Court Decision Proves: You MUST Audit-Secure© your Business!](https://helpdesksuites.com/2015/02/20/supreme-court-decision-proves-must-audit-secure-business/): What does it mean to Audit-Secure© your business? I am glad you asked. When you take steps to tap into credible resources for  establishing policies  and procedures that govern your organization you are becoming Audit-Secure©. When  you educate yourself and provide training to all of your employees over a variety of compliance topics you are becoming Audit-Secure©. Sure, this process is going to take some time and cost a few bucks here  and there. But, you will rest easy  knowing you are able to defend your actions in court, if necessary. What is the alternative? Going to court and trying to explain why […]
- [He's Having a Baby!](https://helpdesksuites.com/2015/02/20/hes-baby/): And he needs time off. Well, it’s a good thing Massachusetts has replaced the state Maternity Leave Act with the Parental Leave Act. Effective April 7, 2015, the Massachusetts Maternity Leave Act will be replaced by the Parental Leave Act (“PLA”) which broadens the scope of the Maternity Leave Act by providing parental leave rights to men.
- [Audit-Secure the Framily: Beware the Crazy Cousin!](https://helpdesksuites.com/2015/01/20/audit-secure-framily/): Hello all! Thank you so very much for taking the opportunity to BeAuditSecure with us! When I speak about audit-security, I am very careful to note the fact that I chose the term secure instead of proof  for an important reason. Often, I have heard consultants and ‘experts’ say “Let’s audit-proof your business!” The fact is, no business can be audit-proof. Sure, you may ‘proof’ some numbers. 1+1=2 is surely a fact. However, with most employment law issues the hope of being audit-proof is more of a dream that may turn into a nightmare if you’re not careful. 
- [Meet Big Boss!](https://helpdesksuites.com/2015/01/13/meet-big-boss/): Who is Big Boss? Well, for me Big Boss was the business owner who would not listen. He asked me to do a job. No, wait. He demanded I do many jobs. I never received a title or the compensation customary in other organizations for comparable work. I tried to tell Big Boss that we were doing it wrong. He just told me to pipe down. He said, “You don’t make those decisions around here.”
- [Attention Employers!](https://helpdesksuites.com/2015/01/13/attention-employers-follow-californias-lead-define-abusive-conduct/): Should You Follow California’s Lead – Define Abusive Conduct? California AB 1825 has required two hours of harassment training every two years for all employees. Last year, the California governor signed AB2053, requiring abusive conduct training be added to the content. So what’s abusive conduct, according to AB 2053? “Abusive conduct” means, “…conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.” As with harassment, a single act is not abusive conduct, unless of course it’s “severe and egregious.” The descriptive language of AB […]
- [Attention Employees: Abuse is coming to a workplace near you!](https://helpdesksuites.com/2015/01/13/attention-employees-abuse-coming-workplace-near/): In recent months, the world has been made well aware of the abusive conduct of some well-known NFL players; Adrian Peterson (of the Minnesota Vikings) and Ray Rice (of the Baltimore Ravens) have been the most visible. On the football field – their workplace- abusive conduct and tendencies are a mandate of the position they were hired to fulfill. The aggressive and highly charged performances they are required to give every week are entertaining, draw big crowds and praised by their employers. However, this very conduct, when brought into a more normal work environment, is extremely unacceptable. No sane employer would […]
- [Four Audits Every Payroll Department Should Perform!](https://helpdesksuites.com/2014/10/29/four-audits-every-payroll-department-perform/)
- [FLSA – A 77 Year Old Law](https://helpdesksuites.com/2014/10/29/flsa-75-year-old-law/): Oh my goodness! Will someone please address the problems with FLSA before this whole country explodes! Have you heard the news lately? Do you know how many lawsuits and DOL cases are pending against employers in the U.S. right now? Ok, I don’t know the exact number, but I did read a blog by a reputable law firm in West Virginia that said employee vs. employer suits have increased by 400% since 2010. They also went on to say that as of June 2013, the number of employment law suits had doubled the 2012 total number. So, what is up you’re […]
- [W-9 Woes](https://helpdesksuites.com/2014/10/29/w-9-woes/): So, you’re having trouble getting a W-9 from your contractors. Here are a few tips to help clean up the process. 1.  Write a policy and procedure for on-boarding a new contractor. Specify who is in charge of obtaining the W-9 and signed contract. Be sure everyone understands their responsibilities. 2.  Have a policy that states “No payment will be issued without a W-9. Follow through and do not bend the rules for anyone. Management MUST be in agreement with this vital policy. 3. Create your own W-9. Yes, you can! As long as the same information is on your home-made […]
- [ICE ICE Baby!](https://helpdesksuites.com/2014/10/29/ice-ice-baby/): March 8, 2013 was the day many of us had been waiting for and most of us didn't know was even coming. The long-awaited update to the USCIS I-9 form arrived! Many people in the seminar classes I teach ask, "Is this a good thing or should we be worried?" I always say, "Both!" So, let's break it down. Here are two very important tips for surviving the I-9. I'll give you the bad news first. Many people do not realize ALL employees MUST have an I-9 on file during the entire time of employment. If your employee has worked for you on […]
- [W-4 Compliance Tips!](https://helpdesksuites.com/2014/10/29/w-4-compliance-tips/): So, you give your new employee a W-4. What is the first question they ask you? “How do I fill this out?  What is a deduction?” Exactly.  Hopefully, your response is something like this –  “I’m sorry. I can’t advise you on completion of your W-4. If you have questions, you should ask the person who advises you on your annual tax return.” I know how hard it is to give such an answer. It’s even harder to tell them to read those awful instructions. But, you have no other choice. In addition to the fact that payroll professionals must not […]
- [The Power of Yes...and!](https://helpdesksuites.com/2014/10/29/power-yes/): For years, professional improvisers have been working as teams on stage. In order to move the improvised scenes forward and create an entertaining experience for the audience, these teammates have developed excellent communication, collaboration, and in-the-moment problem solving skills which translate nicely into the workplace. This movement of teaching the business world to use the same skill-set as improvisers is called Applied Improvisation.   In the 1970’s British playwright, Keith Johnstone, wrote about his theory of Yes…and. He basically said that forward movement relies on the idea of mentally saying “Yes, I accept the offer and from here I will take […]
- [Does your FMLA Policy Meet DOL’s Latest Requirements? ](https://helpdesksuites.com/2016/06/23/fmla-policy-requirements-2/): The DOL’s latest move has made reviewing your FMLA policy and procedure mandatory, unless you enjoy paying fines. The DOL recently issued a new General FMLA Notice for employers to display in the workplace. They also said that using the new version of the notice (poster) is optional for those who are already using the 2013 version, there was one more little reminder that employers must pay attention to and implement immediately. 
- [VIP Content: Tax Treatment of Wellness Program Benefits](https://helpdesksuites.com/2016/06/21/wellness-program-benefits/): Listen up Payroll and HR professionals. The IRS recently released clarification regarding the tax treatment of wellness program benefits. 
- [VIP Content: Does your FMLA Policy Meet DOL’s Latest Requirements? ](https://helpdesksuites.com/2016/06/19/fmla-policy-requirements/): The DOL’s latest move has made reviewing your FMLA policy and procedure mandatory, unless you enjoy paying fines. The DOL recently issued a new General FMLA Notice for employers to display in the workplace. They also said that using the new version of the notice (poster) is optional for those who are already using the 2013 version, there was one more little reminder that employers must pay attention to and implement immediately. 
- [FedEx Independent Contractor Misclassification of Drivers: $200+ million ... Again!](https://helpdesksuites.com/2016/06/17/fedex-independent-contractor/): FedEx independent contractor classification has turned into an agreement to pay $240 million to settle lawsuits brought by their drivers in 20 states, putting to rest a long legal dispute over whether they were FedEx employees or their independent contractors.
- [VIP Content: DOL Issues Updated FMLA Poster and Guide for 2016](https://helpdesksuites.com/2016/06/14/fmla-poster-and-guide-2016/): The Department of Labor (DOL) has issued a brand new FLMA poster and guide for 2016. Regarding this new FMLA guide, attorney and author of FMLA Insights, Jeff Nowack writes: “While the guide helps explain the FMLA regulations in a user-friendly manner, the Guide primarily is meant to answer common questions about the FMLA, so it leaves unanswered leave issues that continue to frustrate employers in their administration of the FMLA.  However, the Guide is likely to have some benefit to employers when administering the FMLA.  For instance, the Guide: Follows the FMLA regulations and the course of a typical leave request in a relative orderly […]
- [Employee Lawsuits May Have Just Gotten Easier](https://helpdesksuites.com/2016/06/03/employee-lawsuits-may-have-just-gotten-easier/): The Supreme Court of the United States just set forth a ruling that may make it easier for employee lawsuits to stand up in court. Employers are not going to be happy about this. :/
- [DOL Final Rule on Overtime Exemptions: Webinar Replay May 2016](https://helpdesksuites.com/2016/05/28/final-rule-on-overtime-exemptions-webinar-replay/): UPDATE: (February 2017) This Final Rule has been placed on hold and is all but dead. Please view my Pop-up Webinars for quick updates as they happen. Have you taken time out to review the details of the Final Rule on Overtime Exemptions released by  DOL on May 18, 2016? If so, are you  set with  a determination process for how you will classify workers going forward? How about existing workers? Do you have a plan for December 1, 2016? Do you need a little more explanation on the whole  thing? Well, you have  come to the right place.  Enjoy the replay […]
- [VIP Content: DOL Overtime Exemption Final Rule Q&A](https://helpdesksuites.com/2016/05/27/overtime-exemption-final-rule-qa/): The DOL has held webinars and is attempting to answer the many questions that are pouring in about the overtime exemption final rule. Here is a Q/A page they issued yesterday – May 26th. Since you are our awesome members – it’s yours first and foremost! Hope this answers some of your questions! New Overtime Rule Q&A May 26 Until Next Time, Be Audit-Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at […]
- [Stockholm Syndrome: Do you have an employee who suffers?](https://helpdesksuites.com/2016/05/18/stockholm-syndrome-employee-who-suffers/): Have you ever dealt with an employee who had signs and symptoms of domestic abuse, but loved, defended and protected the abuser? Some experts call this reaction Stockholm Syndrome or Trauma Bond. While hard to understand, the realities exist that an employee who suffers violently from abuse at home may allow this situation to escalate to the point that your workplace is affected. But, what exactly is Stockholm Syndrome and why does it develop? Trigger Warning: This article contains accounts of abuse that may serve as a trigger to some readers.
- [Religious Accommodation and The Church of the Flying Spaghetti Monster](https://helpdesksuites.com/2016/05/04/religious-accommodation-flying-spaghetti-monster/): Have you ever dealt with an employee who had religious beliefs you thought were odd? Have you made a religious accommodation that you felt was personally unnecessary or a bit strange? Well, meet The Church of the Flying Spaghetti Monster!
- [ASTV: Study Says New Overtime Rule May Create a Generation of Moonlighters](https://helpdesksuites.com/2016/04/21/astv-new-overtime-rule-moonlighters/): The DOL’s new overtime rule may cause employers to make very tough decisions in order to maintain an operating budget that is reasonable. These tough choices may leave workers with no other option except moonlighting to make ends meet. Tune in and listen as I discuss the study that lead to this concern and offer some best practices to help employers prepare. Send your questions to me – lisa@beauditsecure.com Until Next Time, Be Audit Secure! Lisa Smith    
- [Just in Case: Falling by the Sword](https://helpdesksuites.com/2016/04/13/just-in-case-were-short-staffed-2/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [California Increases Pay During Family Medical Leave](https://helpdesksuites.com/2016/04/12/california-increases-pay-during-family-medical-leave/): Only a week after signing legislation to increase the California minimum wage, Governor Jerry Brown signed another law that increases pay during family medical leave. 
- [ASTV: Q & A Today I-9 Compliance](https://helpdesksuites.com/2016/04/08/astv-i-9-compliance/): People often write in with questions about I-9 compliance. Listen in as I discuss 2 of the most common questions I get! Do you have a question? Drop me a line! lisa@beauditsecure.com Until Next Time, Be Audit Secure! Lisa Smith    
- [San Francisco Paid Parental Leave Law Approved](https://helpdesksuites.com/2016/04/05/san-francisco-paid-parental-leave-law/): Good Morning San Francisco! No, this isn’t a failed attempt at a Full House throw-back-Thursday on a Wednesday. This is the hot new happening in San Francisco! On Thursday, March 31st, 2016 the city’s board of supervisors unanimously approved legislation requiring businesses to provide employees with six weeks of fully paid parental leave.  This makes the San Francisco paid parental leave law the first of it’s kind in the U.S. to be legislated by a city.
- [Expired I-9: What Now?](https://helpdesksuites.com/2016/04/01/expired-i9/): Happy Friday ! April 1st, 2016 is here and this is no Joke! We now have an expired I-9. The I-9 which was issued in 2013 has officially hit its expiration date of March 31, 2016. Now, what? Have you heard there is a new I-9 with around 9 pages of instructions?
- [Audio Spoonfuls of HR: Do You Have a Crazy Cousin in the Workplace](https://helpdesksuites.com/2016/03/25/crazy-cousin-audio/): We would like to believe the people we work with are friends and family. (Framily) Sadly, we sometimes hire the crazy cousin who can  be lethal if we are not careful. Listen in and learn how to watch for and handle the Crazy Cousin!     Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be Audit-Secure! Lisa Smith
- [Audio Spoonfuls of HR: Big Boss and the Framily](https://helpdesksuites.com/2016/03/24/big-boss-and-the-framily-audio/):   Have you met BIG BOSS? Are you  BIG BOSS? We always like to believe we are one big happy FRAMILY. This may be true – until  it’s not. Listen in as I  discuss what it means  to be a part of the Framily  and how to be a kind BIG BOSS!   Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be […]
- [Audio Spoonfuls of HR: Pregnancy Disability Question](https://helpdesksuites.com/2016/03/23/pregnancy-disability-audio/): Is pregnancy a disability ….. or something like it? Listen in as I  explain how we are to view our pregnant employees under the law! Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be Audit-Secure! Lisa Smith
- [SCOTUS: Accurate Time Keeping Records Are a Must-Have](https://helpdesksuites.com/2016/03/22/scotus-accurate-time-keeping-records/): Employers regularly ask me the question regarding accurate time keeping records, “Are handwritten time cards legal?” The answer is actually Yes. However, making sure the time cards are detailed and accurate is very important. Even electronic time cards are subject to inaccuracies and may not be as valuable as hoped in a court of law. So, what’s an employer to do?
- [Audio Spoonfuls of HR: NLRB Rules on Legality of Employee Conversations](https://helpdesksuites.com/2016/03/22/legality-of-employee-conversations/): Do your employees like to chat about their wages with one another? How about those conversations after work about how bad  they have it at your shop! I say we fire ’em all!! Hold up!!!  Listen to this podcast before you go acting too hasty on this particular subject. We have a court case to consider! Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated […]
- [Audio Spoonfuls of HR: Working While on FMLA](https://helpdesksuites.com/2016/03/21/working-while-on-fmla-2/): Have some of your workers been engaged to work while out on FMLA – Family and Medical Leave Act – unpaid leave? What now? Should they be paid? Maybe “they” is YOU! Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be Audit-Secure! Lisa Smith
- [Audio Spoonfuls of HR: Top Ten Tips for Employers](https://helpdesksuites.com/2016/03/21/top-ten-tips-for-employers/): Think you have employment law covered? Tune in and listen to some of the most needed advice for small and larger employers, alike! Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be Audit-Secure! Lisa Smith
- [Micro-Learning in the Workplace: Effective Employee Training Methods](https://helpdesksuites.com/2016/03/18/effective-employee-training/): How to train your GOLDFISH. What?? Effective employee training is all the  talk these days! A colleague sent this article to me recently from the Wall Street Journal. The hot talk these days in the training world revolves around two big topics: 1. Why do some employers skimp on training in the face of mounting law suits and government audits? 2. How do you train a workforce that is so distracted due to an increase in individual work responsibilities and an attention span that now equals that of a goldfish? I am not trying to be offensive. Our  attentions spans have dropped to […]
- [Audio Spoonfuls of HR: FMLA Document Transmission Ruling May Affect Your Organization](https://helpdesksuites.com/2016/03/18/fmla-document-transmission/): Do you email FMLA  (Family and Medical Leave Act) notices to your employees? This is becoming risky business. Listen in as I discuss a recent court case that has changed the game!   Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be Audit-Secure! Lisa Smith
- [Audio Spoonfuls of HR: 3 Worst Mistakes an Employer Makes During an Investigation](https://helpdesksuites.com/2016/03/17/3-worst-mistakes-employer-makes-during-investigation/): Have you ever been INVESTIGATED? One day you may hear the knock at the door. Will you know what to expect? Will you make one of the 3 WORST mistakes? Listen in and find out what NOT to do. Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be Audit-Secure! Lisa Smith
- [Personal Liability in the Workplace: Hospice Administrator Faces 5 years and $250k](https://helpdesksuites.com/2016/03/16/personal-liability-in-the-workplace/): When I talk about personal liability in the workplace, sometimes people doubt my warnings are valid. Many laws are written to include penalties for not only the Big Boss leadership (owners), but also individual workers. “Following orders” is no excuse for breaking the law. Sometimes the violation in question may seem a little ambiguous as to whom the guilt really belongs. Then sometimes all I can say is “C’MON MAN!”…
- [Spoonful of HR: 4 Audits Every Payroll Office Must Perform](https://helpdesksuites.com/2016/03/16/4-audits-every-payroll-office-must-perform/): Enjoy one of our older videos. The format may be dated, but the content is 100% valid! Be Audit-Secure! Lisa Smith
- [Spoonful of HR: 3 Main Questions Your Auditor Will Ask](https://helpdesksuites.com/2016/03/15/3-main-questions-your-auditor-will-ask/): Enjoy one of our older videos. The format may be dated, but the content is 100% valid! Be Audit-Secure! Lisa Smith
- [Spoonful of HR: Fair Labor Standards Act (FLSA) Part 2](https://helpdesksuites.com/2016/03/14/flsa-2/)
- [Spoonful of HR: Fair Labor Standards Act (FLSA) Part 1](https://helpdesksuites.com/2016/03/14/flsa-1/)
- [Expanded Philadelphia Ban the Box Law Effective March 14, 2016](https://helpdesksuites.com/2016/03/11/philadelphia-ban-the-box-law/): Key changes to the Philadelphia Ban the Box law are set to take effect March 14, 2016. The amended law adds several restrictions to employers who  perform background checks. Read on for the  details…
- [Vermont Paid Sick Leave Law Signed](https://helpdesksuites.com/2016/03/11/vermont-paid-sick-leave-law-signed/): President Obama praised Vermont and Gov. Peter Shumlin for making paid sick leave a reality for working Vermonters.
- [Audio Spoonfuls of HR: He-Man Woman Haters Club](https://helpdesksuites.com/2016/03/11/he-man-woman-haters-club-2/): Join me here for a throw-back episode from one of my 2015 podcast attempts. LOL Tune in and listen as I talk about the generation gap in the workplace and why people of all ages should make an  effort to know about the other generations in their particular workplace. We’ll start with the He-man Woman Haters Club! Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future […]
- [Spoonful of HR: Are You Doing it Wrong?](https://helpdesksuites.com/2016/03/11/are-you-doing-it-wrong/): Remember the 1970’s movie Mr. Mom? In this movie, Jack Butler (Michael Keaton) was a dad who  learned a hard lesson about how important a mother’s job  really is to the entire family. He thought the mundane duties of the day like making breakfast, changing diapers and driving carpool were up for interpretation and he knew best how to take on the job. Man, was he in for a rude awakening! Watch this video and ask  yourself “What am I taking for granted that may result in a “Doing it wrong” scenario. Are you (or your boss) guilty of trying to […]
- [Safety and Security in the Workplace](https://helpdesksuites.com/2016/03/10/safety-and-security-in-the-workplace/): You don’t have to be in the hotel business to understand why the Erin Andrews case has really opened up quite a discussion in the world of HR and OSHA compliance. Ms. Andrews was video taped nude without her knowledge by a stalker who obtained her name and room number from the hotel staff. We talk a lot about OSHA compliance for our employees and HIPAA for our patients, employees and some of our customers. But, how are we viewing the entire scope of safety and security in the workplace?
- [BREAKING NEWS: DOL Confirms July Release of Overtime Exemption Final Rule](https://helpdesksuites.com/2016/02/20/dol-confirms-july-release-overtime-final-rule/): Listen up Employers, Managers and Supervisors! The Department of Labor’s Solicitor of Labor, Patricia Smith, confirmed the release and implementation plans for the much anticipated White Collar Overtime Exemption Final Rule during her speech at the American Bar Association’s mid-winter meeting of the Federal Labor Standards Legislation Committee. This is truly BREAKING NEWS that all employers must pay  attention to and prepare for now!
- [Old Navy to Pay  $3.5 Million in Wage and Hour Class Action](https://helpdesksuites.com/2016/02/19/old-navy-wage-and-hour-suit/): Every day a new wage and hour class action is filed and/or settled somewhere in the USA. Why is it so hard to just do it right? Do what right, you ask? Well….. all of it. Pay workers a fair wage plus overtime – for starters. Use some reason. If it sounds unfair to the worker, it probably is.
- [Overtime Exemptions: Even the Big Guys are Doing it Wrong!](https://helpdesksuites.com/2016/02/17/overtime-exemptions-big-guys/): Overtime exemptions can be difficult to determine. Have you ever thought you might just call up your friend who works for a large nationally known corporation and ask how they classify certain types of workers? I mean, after all, the big guys have all of the money and can afford to pay expert employment law attorneys to advise them on such tricky matters as whether or not overtime must be paid to particular workers. Right? Read on and find out the answer many people dread to hear.
- [Correctly Calculating Overtime When Bonuses are Paid](https://helpdesksuites.com/2016/02/15/correctly-calculating-overtime-when-bonuses-are-paid/): Calculating overtime is always a source of litigation when you open most any law blog. Complicating the various methods of calculation required by either a federal or state law is the addition of payments such as bonuses which may affect the overtime rate. I came across this court case which nicely spelled out the calculations used federally and by the state of California. Read on and see if you would have chosen the correct method. Maybe you will learn something you never knew!
- [The Workplace Gossip: Vital or Viral?](https://helpdesksuites.com/2016/02/01/workplace-gossip-vital-or-viral/): The workplace gossip (as in the person) can be such an annoyance. However, a few HR “experts” believe the workplace gossip is necessary and even a sought after skill. What do you think? Do we need people with this so-called “social skill”? Read the article below and decide for yourself.  
- [New FLSA Overtime Exemptions Coming in July?](https://helpdesksuites.com/2016/02/01/flsa-overtime-exemptions-in-july/): The new FLSA overtime exemptions are the source of anxiety for many  employers who are waiting on edge for the release of  the Final Rule. We were supposed to get this new guidance in late 2015, but were told at the last minute we would likely see the release in late 2016. So, what has changed? Will we really be getting the new Rule in July? Read the article below and see what the attorneys believe.
- [Attorney Urges Employers to Address Domestic Violence](https://helpdesksuites.com/2016/02/01/employers-urged-to-address-domestic-violence/): Domestic Violence is an epidemic. 25% (or more) of women and almost as many men are victims of violence at the hand of an intimate partner or family member. Look around your workplace and remember this statistic. I love to write about the reality of Domestic Violence and how your workplace is affected. Sadly, I get rolling eyes and very uncomfortable faces when I  discuss this topic in HR law classes I often conduct. The attitude “that only happens to other people” has proved deadly for hundreds of thousands of men and women who work somewhere. Maybe they work for you. […]
- [The Zika Virus: What is an Employer's Responsibility](https://helpdesksuites.com/2016/02/01/zika-virus-employers-responsibility/): As the news spreads of the sad effects of the Zika Virus on a developing fetus, all women of childbearing age are looking for ways to protect themselves from coming into contact with the seemingly invisible (but deadly) mosquitoes carrying Zika. Employers are also concerned with the possible responsibilities they bear under employment laws such as OSHA and ADA regarding this very  serious public health concern.
- [How to Write Solid Job Descriptions PDQ](https://helpdesksuites.com/2016/02/01/write-solid-job-descriptions-pdq/): Job description creation is time consuming and requires a lot of research. Managers and employers struggle to find the time to do this task properly. And, of course, when this item pops up on the “to do” list the boss wants it done PDQ! (Pretty Darn Quick) So, what’s a manager to do?
- [Be the Kate McKinnon of Compliance](https://helpdesksuites.com/2016/01/27/kate-mckinnon-of-compliance/): So, I watch the  Tonight Show with Jimmy Fallon every night. If you read my blog or listen to my podcast you may have picked up on what a huge fan I am. Last night he had Kate McKinnon on the show. I LUV her, so I was mos def watching. The lessons I pulled out of this episode were so great, I couldn’t wait to write this post!
- [Just in Case: This is Getting Old](https://helpdesksuites.com/2016/01/27/just-in-case-this-is-getting-old/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [Just in Case: We're Short Staffed](https://helpdesksuites.com/2016/01/27/just-in-case-were-short-staffed/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [Just in Case: FMLA Trip Gone Sour](https://helpdesksuites.com/2016/01/27/just-in-case-fmla-trip-gone-sour/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [BREAKING NEWS: Joint Employment Clarification Issued by DOL](https://helpdesksuites.com/2016/01/26/joint-employment-clarification-dol/): *** JUNE 7, 2017 THIS ADMINISTRATORS INTERP LETTER WAS REMOVED BY DOL. *** Joint employment exists when a person is employed by two or more employers such that the employers are responsible, both individually and jointly, for compliance with a statute. This has been a point of pretty serious confusion for many employers across the nation. The DOL recognized this issue and published an Administrators Interpretation on January 20, 2016. Read on to review the basics of the interp in a Q/A format. 1. Q. What is an Administrator’s Interpretation? A. The Wage and Hour Division (WHD) constantly seeks opportunities to […]
- [Payroll Jeopardy](https://helpdesksuites.com/2016/01/26/payroll-jeopardy/): Hey Compliance Warriors! Payroll Law Jeopardy 2016 is a fun way to train your clerks, managers and supervisors on what it takes to Be Audit-Secure in your payroll department! To navigate the game, choose your question and then click on the  screen to reveal the questions and answers line by line. Use the arrows (when available) to navigate back to the game board. Use my game or create your own to fit specific knowledge required for your industry or state. Enjoy and Be Audit-Secure!
- [Really?? & C'MON Man!: International Yoga Guru Found Guilty of Sexual Harassment](https://helpdesksuites.com/2016/01/25/yoga-guru-guilty-sexual-harassment/): Hey HR Compliance Warriors! This is really one for the Idiot Book. Famous international yoga guru Bikram Choudhury and his yoga college must pay at least $924,000 in damages for sexually harassing his former legal adviser and wrongfully firing her for investigating sexual discrimination and assault claims against him, a California jury concluded Monday. Really?? C’MON Man!  Read on…
- [Just in Case: Prayer Breaks](https://helpdesksuites.com/2016/01/25/just-in-case-prayer-breaks/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [How Do Snow Days Affect FMLA Leave](https://helpdesksuites.com/2016/01/25/snow-days-affect-fmla-leave/): Winter is here and in full swing for 2016! Many employers with 50+ employees (or less in some states) are asking the question: FMLA Leave and Snow Days: How does this work?
- [The Gig Economy and Independent Contractor vs. Employee Classification](https://helpdesksuites.com/2016/01/22/gig-economy-and-independent-contractor-vs-employee-classification/): The Gig Economy is a Hot Topic in many areas of business. But, what does it mean to your
- [Breaking News: IRS Employee Transit Benefit Rule](https://helpdesksuites.com/2016/01/18/irs-employee-transit-benefit-rule/): Just when you thought it was safe to send your W-2s:  The IRS employee transit benefit rule has arrived! On December 18, 2015, Public Law No. 114-113 was born.This new law amended the Internal Revenue Code to retroactively (and permanently) adjust the limits on qualified transportation fringe benefits. On January 11, 2016, the Internal Revenue Service issued Notice 2016-6 to address employers’ questions regarding the implications of this law and the correction of employment tax withheld in 2015 on money which is now tax free.
- [Interview Questions You Cannot Ask](https://helpdesksuites.com/2016/01/18/interview-questions-you-cannot-ask/): Formulating interview questions can be a daunting task. Which questions will get me sued and how can I phrase this so I get the answers I need without breaking the law? 
- [Labor and Employment Law in 2016: 16 Resolutions Employers Must Make](https://helpdesksuites.com/2016/01/15/labor-and-employment-law-2016-resolutions/): Labor and employment law issues were big news in 2015. Some folks believed that in 2016 much of this activity would die down a bit as we all become preoccupied with the coming election. Yeah, Right!!   Attorney  Alizah Z. Diamond  of the lawfirm  Schnader Harrison Segal & Lewis LLP, issued an article a few days ago making several good points and listing 16 resolutions employers must make going into 2016 in order to maintain compliance. So, here are some fun facts about employment law in 2016 to round out  your week! 
- [Workers' Compensation Insurance: 10 Must Ask Questions](https://helpdesksuites.com/2016/01/12/workers-compensation-insurance-10-must-ask-questions/): Many employers view Workers’ Compensation Insurance as a necessary evil! Don’t get me wrong. We need the coverage and we want to take care of the people who work hard to make our entrepreneurial dreams come true. But, some employers get confused when it comes to making the range of  decisions necessary to implement a solid program. So, I have created “10 MUST ASK Questions Before Purchasing Workers’ Comp”. Enjoy!
- [Leadership Training: Lessons We Can Learn From Jimmy Fallon](https://helpdesksuites.com/2016/01/11/leadership-training-lessons-from-jimmy-fallon/): 2016 is the year you become a leader. “I’m already a leader”, you say. Yes, but are you as effective as you would like to be? Is leadership training one of the least items on your long list of things to do this year? Do you struggle with the blocks in your pyramid crumbling and pushing against one another? Do you ever wonder why customer service and satisfaction scores aren’t great in your organization? Is negativity in your workplace and passive-aggressive behavior an ongoing battle? Do you wish communication was better and people just said what they meant? (and meant what they […]
- [HelpDesk OSHA Compliance Tool-Kits Updated for 2016](https://helpdesksuites.com/2016/01/10/helpdesk-osha-compliance-toolkits-are-updated-for-2016/): Hello HelpDesk Framily! So, 2016 is HERE and I am super excited to announce: HelpDesk OSHA Compliance Tool-Kits are Updated for 2016! With thousands of HelpDesk Compliance Warriors on our rolls, we get feedback asking for particular “help” to be added to the already populous job aids and reference pieces. We listen to your requests and our attention to your needs is very evident in the new releases of our resources. So, thank you for your input. You make us better than the rest! So, let’s recap and then I will outline the updates for you.
- [Employment Law Compliance: REALLY?? and Come On Man!](https://helpdesksuites.com/2016/01/08/employment-law-compliance/): Employers Beware: Employment Law Compliance Gurus are Doing it Wrong! This is one of those “Come on Man!” moments. Or, like Seth Myers and Amy Poehler used to say: REALLY?? On December 16, 2015 American Futures Systems (aka Progressive Business Publications) and its owner Edward Satell were handed FLSA violation fines requiring them to pay back wages totaling $1.75 million to employees who were deprived of minimum wage and overtime pay. So, why do we care? Well, I care because this company publishes employment law compliance newsletters that tell us how to do it right. I, personally, have spent a lot […]
- [OSHA Fines Dollar General Location $162,800](https://helpdesksuites.com/2016/01/07/osha-fines-one-dollar-general/): Happy New Year to Dollar General, or NOT! On December 31, 2015 OSHA fines to one Dollar General location is Sherman Texas totaled: $162,800. Man, that DG location must have killed a worker to get a fine that big, right? NOPE! But, the chain in general has been on the repeat offender list for years. The fines this time are related to very common violations that can be found in many workplaces across America. So, read the details and ask yourself: Is my workplace OSHA compliant? Can I afford a fine of over $100,00?  Enjoy!
- [HelpDesk Tool-Kits Updated for 2016](https://helpdesksuites.com/2016/01/05/helpdesk-toolkits-are-updated-for-2016/): Hello HelpDesk Framily! So, 2016 is HERE and I am super excited to announce: HelpDesk Tool-Kits are Updated for 2016! With thousands of HelpDesk Compliance Warriors on our rolls, we get feedback asking for particular “help” to be added to the already populous job aids and reference pieces. We listen to your requests and our attention to your needs is very evident in the new releases of our resources. So, thank you for your input. You make us better than the rest! So, let’s recap and then I will outline the updates for you.
- [What's up with the ACA Requirements for 2016?](https://helpdesksuites.com/2016/01/05/aca-requirements-for-2016/): Hey Warriors! The Affordable Care Act is controversial (and that is putting it mildly)! Many of you are asking me if possibly it will be repealed in 2016. The short answer is probably not. But, depending on how the election goes in November, we may very well see changes in 2017. So, plan to abide by the ACA when setting goals throughout 2016 and on into 2017. But, watch and listen for possibly fast-paced changes as the year progresses. For now read the very detailed article below – by attorneys Ilyse W. Schuman, Russell D. Chapman and Steven J. Friedman of […]
- [OSHA Guidelines to Update in 2016](https://helpdesksuites.com/2015/12/30/osha-guidelines-updating-2016/): Hey OSHA Compliance Warriors! Do you ever get frustrated and say, “I guess if they had wanted my opinion they would have asked for it.”? Well, OSHA guidelines are updating in 2016 and they are asking for your opinion on the proposed new Safety and Health Program Management Guidelines.
- [ACA Reporting Delayed in 2016](https://helpdesksuites.com/2015/12/30/aca-reporting-delayed-2016/): Hey Employers! This time each year Compliance Warriors look closely to see what last minute laws are signed or changed for the upcoming year.  Today, I have some good news as we enter the employment law 2016 season.
- [Medical Marijuana 2015: One Step Closer to LEGAL](https://helpdesksuites.com/2015/12/21/medical-marijuana-2015/): For years, medical marijuana dispensers have been raided and arrested in states that legally allow the use, growth, and sale of marijuana for medical reasons. But, a few days ago, Congress once again renewed the ban on the use of federal funds for the  purpose of investigating and prosecuting the use of medical marijuana in states where it has been legalized. Nothing has been said officially about the federal stance on medical marijuana and the ADA, FMLA, OSHA or other employment laws that address the treatment of employees who Dance with Medical Mary Jane to treat a disabling condition. Nevertheless, this […]
- [Restauranteurs Take Notice: Are No Tipping Policies the Way of the Future?](https://helpdesksuites.com/2015/12/16/no-tipping-policies/): Imagine going to eat at a restaurant and NOT leaving a tip! Ok, some folks may already have this habit. But, now imagine not leaving the tip and no one is angry. Everywhere you go, you never tip!  Why? Because No Tipping Policies are in effect and tipping is not required, nor is it expected. For real? Yup! Read the following article for a full explanation.
- [Employment Law Update 2016 by State](https://helpdesksuites.com/2015/12/14/employment-law-update-2016-by-state/): Hey Compliance Warriors! As 2016 approaches, we are preparing to update our tables and other reference sources. But, here is a sneak peek of the Employment Law Update 2016 we obtained from one of the law firms we use for guidance and case law interpretation. Enjoy!
- [I-9 Compliance in 2016](https://helpdesksuites.com/2015/12/14/i-9-compliance-in-2016/): Yes, once again, we are anticipating some serious changes to I-9 Compliance in 2016. The updates are expected to occur when the  current form expires at the end of March 2016.
- [VIP Compliance Update Dec.10, 2015:  2016 Employment Law Update by State](https://helpdesksuites.com/2015/12/10/members-only-vip-compliance-update/): Today’s Release: 14 page Table of 2016 Employment Law Changes: Federally and By State
- [USDOL Says Retail Employers are CHEATING Workers](https://helpdesksuites.com/2015/12/07/usdol-says-employers-cheat-employees/): Last week, the USDOL issued a statement regarding their view of the treatment of retail employees in the workplace. The US DOL believes employees are being cheated out of minimum wage and overtime protections and they are doing something to help single out the offending employers.
- [HelpDesk Updates Coming in 2016](https://helpdesksuites.com/2015/12/04/helpdesk-updates-coming-in-2016/): Hello HelpDesk Framily! So, 2016 is just around the bend and I am super excited to do some serious updating to our HelpDesk line of tool-kits! With thousands of HelpDesk Compliance Warriors on our rolls, we get feedback asking for particular “help” to be added to the populous job aids and reference pieces. So, thank you for your input. Keep it coming!
- [DOL Overtime Rule Delayed Until Late 2016](https://helpdesksuites.com/2015/11/19/dol-overtime-rule-delayed-2016/): Well, bummer! I have been so excited to see the Final Overtime Rule promised by the DOL and now my dreams are dashed for possibly another year. What’s a girl to do?  Read the SHRM article below for all of the details and try not to cry…..
- [Tough Conversations: Domestic Violence in Your Workplace](https://helpdesksuites.com/2015/11/12/domestic-violence/): I understand that you may really hate the idea of discussing things like racism, religious tolerance, bad attitudes and many other difficult or hot-button topics that cause friction between co-workers. But, we do it anyway, right?  Even more difficult are the topics surrounding Workplace Violence. We are dodging at least one very crucial topic that could mean the difference between life and death in our own workplaces. Domestic Violence.
- [Workplace Policies and Procedures: Inconsistency Kills](https://helpdesksuites.com/2015/11/12/workplace-policies/): Some employers view written workplace policies and procedures as a noisy hindrance to their freedom as business owners. I have actually had people across the country tell me they refuse to follow a book that bosses them around. But, the thing is, those same employers have a tendency to treat employees differently in same or similar circumstances. That’s inconsistency and it KILLS! Read the post below and consider how close to the bulls-eye your company is on maintaining consistency.
- [Audit Secure Series: Steps 7 and 8 Training and Internal Audits](https://helpdesksuites.com/2015/11/05/audit-secure-series-step-7-8-training-and-internal-audits/): Step 7  Training     Step 8 Internal Audits Let me know what you think in the comments below. Smarter is Better Solutions for a Smarter Compliance Strategy Here’s what we’ve got for you: Over 20 Video and Audio Solutions to start you on an Audit-Secure action plan for your business. OSHA 101  in to begin your Audit-Secure employee training program, today! Discounts on Premium eLearning courses providing an affordable path to Audit-Security. Click the button below and join now it’s free:  
- [EEOC Issues Proposed Rule to Amend Title II of GINA](https://helpdesksuites.com/2015/11/02/eeoc-proposed-rule/): On Friday, October 30, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to amend the regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA) as they relate to employer wellness programs that are part of group health plans. The proposed rule would allow employers who offer wellness programs as part of group health plans to provide limited financial and other incentives in exchange for an employee’s spouse providing information about his or her current or past health status.
- [SAFE Act Introduced to Protect Domestic Violence Survivors in the Workplace](https://helpdesksuites.com/2015/11/01/domestic-violence-safe-act/): Women and men across the country are driven from their jobs and homes annually due to relentless abusers. My hope is that one day soon employers will realize the severity of domestic violence realities and willingly participate in the effort to protect workers who stand to lose everything. On October 27, 2015, Senator Patty Murray (D-WA) announced the introduction of the Security and Financial Empowerment (SAFE) Act of 2015, building on the Violence Against Women Act (VAWA) and the Affordable Care Act (ACA). Click the link below to read the entire article on this very important subject. https://www.yahoo.com/health/safe-act-introduced-to-protect-domestic-violence-172535844.html Until Next Time, […]
- [Will Fall Back Affect Your Time Clocks: Yes or No?](https://helpdesksuites.com/2015/10/30/fall-back-2015/): This weekend (Sunday around 2am to be exact) we will roll back our clocks. Many call this the “Fall Back” procedure. In a few months we will “Spring Forward”. So, why do we performs these annual procedures? How does Falling and Springing affect your time clocks? Should we be concerned that an employee will be over paid or under paid? These are all valid questions. So, let’s break it down!
- [Breaking News: IRS Proposed Rule Clarifying the Laws for Same Sex Marriage](https://helpdesksuites.com/2015/10/24/irs-definition-of-spouse/): Employers! You no longer need to hold  your breath hoping you are “doing  it right” regarding same sex marriage equality laws. On October 23rd, 2015, the question of how employers and other entities must handle the definition of marriage for IRS tax purposes was answered in the new IRS proposed rule regarding implementation of the Windsor and Obergefell v. Hodges based laws for same sex marriage. Also clarified was treatment of domestic partnerships and civil unions for IRS tax purposes. This clarification reaches out and touches many other issues you face regarding civil unions, domestic partnerships and opposite sex relationships of […]
- [Audit Secure Series: Step 6 of 8 Communication](https://helpdesksuites.com/2015/10/20/audit-secure-series-step-6-8-communication/): Smarter is Better Solutions for a Smarter Compliance Strategy Here’s what we’ve got for you: Over 20 Video and Audio Solutions to start you on an Audit-Secure action plan for your business. OSHA 101  in English and Spanish to begin your Audit-Secure employee training program, today! Discounts on Premium eLearning courses providing an affordable path to Audit-Security. Click the button below and join now it’s free: JOIN NOW
- [Audit Secure Series: Step 5 of 8 Standard Operating Procedures](https://helpdesksuites.com/2015/10/14/audit-secure-series-standard-operating-procedures/): Smarter is Better Solutions for a Smarter Compliance Strategy Here’s what we’ve got for you: Over 20 Video and Audio Solutions to start you on an Audit-Secure action plan for your business. OSHA 101  in English and Spanish to begin your Audit-Secure employee training program, today! Discounts on Premium eLearning courses providing an affordable path to Audit-Security. Click the button below and join now it’s free: JOIN NOW
- [Just in Case: "Workplace Cliques"](https://helpdesksuites.com/2015/10/14/just-case-workplace-cliques/)
- [Just in Case: "Really Unpaid Jury Duty"](https://helpdesksuites.com/2015/10/12/just-case-unpaid-jury-duty/)
- [Breaking News: Georgia Wage Garnishment Question Answered](https://helpdesksuites.com/2015/10/08/georgia-wage-garnishment/): On October 5th, 2015, the question of how employers must handle a wage garnishment and the  monies returned by various Georgia counties was somewhat put to rest. Leanne Mehrman and Henry Warrnock, attorneys in the  FordHarrison,LLP Atlanta law offices published the following update with some good direction for the near future. Read and enjoy!
- [Just in Case: "Unapproved Overtime"](https://helpdesksuites.com/2015/10/08/just-case-unapproved-overtime/)
- [Just in Case: "A Bag of Chips"](https://helpdesksuites.com/2015/10/06/just-case-bag-chips/)
- [Audit Secure Series: Step 4 of 8 Policies and Procedures](https://helpdesksuites.com/2015/10/01/audit-secure-series-step-4-policies-and-procedures/): Hey folks.  I am Lisa Smith and we are talking about the cornerstones of Be Audit Secure. Here we go. I get really passionate about policies and procedures in your workplace. Oh my.  I had an organization that came to class one day and I won’t tell you who, where, what any of that.  But, if you go to the condiment aisle at one of your major grocers and you just kind of do this, (looking around) you will eventually see their product. That’s all I can say.  That being not said, they came to class and we started talking about […]
- [Audit Secure Series: Step 3 Rule of 3s](https://helpdesksuites.com/2015/09/24/audit-secure-series-part-3-rule-of-3s/): Hi, I’m Lisa Smith. Here at BeAuditSecure.com, we have a few foundational beliefs about how we approach payroll and human resources.  I want to share those with you today.  One of my very most foundational, non-negotiable, must do things for my business and yours is the rule of 3’s. Yep, the rule of 3’s.   What is that?  Let me just briefly tell you.  Before I teach, before I believe, before I recommend or before I implement any policy, procedure, guideline, in any of my classes, business, any of my clients I make sure I get the same answer verified from 3 […]
- [Audit Secure Series: Step 2 of 8 Reasonable Basis](https://helpdesksuites.com/2015/09/14/step-2-8-reasonable-basis/): In this video, I am talking about Reasonable Basis. There is no negotiation on Reasonable Basis.  So, what is it?  The hardest question I had to answer, as I sat across the table from an investigator.  Yeah, that’s right.  I had to sit across the table from an investigator who said to me, “What made you think this was the right way to do “X”? Oh my goodness! Hopefully you have never had to have that question come at you. But beware of that question, because if your answer is going to be something like mine which was,  “Well, um, I just kind of got put […]
- [Health Care Tax Credits for Small Businesses – Have you checked this out?](https://helpdesksuites.com/2015/09/14/health-care-tax-credits/): The IRS is informing all small business owners of the possible eligibility you may have for the Small Business Health Care Tax Credits, which can give you more room to breathe, amongst other Small Business taxes you already pay.  Your first question may be: How will this help my small business?
- [You’re Fired! Medical Marijuana Use Challenged](https://helpdesksuites.com/2015/09/10/medical-marijuana/): Dancing with Mary Jane? We all know that Colorado is known for having legalized marijuana that is used recreationally or medically since the winter of 2012.  In the business world, Colorado has laws that do not allow employers from terminating employees for enacting lawful activities outside of work.  However, let’s decipher the following case that occurred in mid-June of this year.
- [8 Part Video Series: How to Be Audit Secure - Intro](https://helpdesksuites.com/2015/09/08/how-to-be-audit-secure-intro/):     About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.   Smarter is Better Solutions for a Smarter Compliance Strategy Here’s what we’ve got for you: 8 Step Video Series with an Audit-Secure action plan for your business. OSHA 101, FLSA 2 part series, 4 Audits Every Payroll Office Should Perform! Payroll Audit Checklists, W-4 Completion 3 part course, 3 Questions Your Auditor Will Ask . […]
- [Breaking News: Executive Order Mandating Paid Sick Leave for Federal Contractors](https://helpdesksuites.com/2015/09/07/paid-sick-leave/): Federal Contractors awoke to a Labor Day game-changer. President Obama signed an Executive Order on Monday, September 7th, 2015 mandating paid sick leave for employees working on federal contracts. This new mandate will affect all federal contracts beginning in 2017.
- [Exempt or Non-Exempt? Comment Period Ends Today!](https://helpdesksuites.com/2015/09/04/exempt-or-nonexempt/): What will the verdict be? The comment period for the Department of Labor’s Proposed Rule to re-vamp the minimum wage and overtime laws for salaried-exempt workers is up today! If you have not yet made your opinions known, there is still time. But, you had better hurry. At midnight this baby turns into a pumpkin.
- [SBS 025: Dating in the Workplace](https://helpdesksuites.com/2015/09/03/sbs-025-dating-in-the-workplace/): Hello! I am on break right now playing with my two new grand-babies! So, enjoy some of my pre-Small Business Spoonfuls recordings. I’ll be back soon. In this episode I am discussing the basics managers need to understand when employees are dating in the workplace. Here are some cool and helpful links! Good Advice Article!   Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! So, be certain to leave me your contact information. I need to know where to aim my T-shirt canon! Listen […]
- [SBS 024: The 3 Worst Mistakes a Manger Can Make While Interviewing](https://helpdesksuites.com/2015/09/01/sbs-024-the-3-worst-mistakes-a-manger-can-make-while-interviewing/): Hello! I am on break right now playing with my two new grand-babies! So, enjoy some of my pre-Small Business Spoonfuls recordings. I’ll be back soon. In this episode I am outlining 3 of the worst interview mistakes employers make. Sure there are many more to watch out for, but consider these 3 checked off the list! Here are some cool and helpful links! Here are ten more! Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! So, be certain to leave me your […]
- [Chicago News: Minimum Wage Increased](https://helpdesksuites.com/2015/08/24/chicago-minimum-wage-increased/): I’ll take 10! $10 per hour that is!  Up until June 30th, 2015, employees received a minimum wage of $8.25 per hour and if there are employers that comply with federal minimum wage laws, then, their employees made $7.25 per hour.  Beginning, July 1st, 2015, and every year thereafter (until further notice) there will be a minimum wage increase!  This did not cater to the “I want $15 per hour!” chant that ran across the streets of Chicago, but hey, it has progressed from the $8.25 per hour Chicago residents are used to getting.
- [Breaking News: DOL Will Not Pursue 2016 Final Rule for Overtime Exemptions - UPDATE](https://helpdesksuites.com/2017/09/11/breaking-news-dol-will-not-pursue-2016-final-rule-for-overtime-exemptions-update/): Hey Compliance Warriors! The U.S. Department of Labor (DOL) has finalized decisions not to defend the overtime rule finalized under the Obama Administration. Instead, the DOL has begun a new rulemaking process. Read on…
- [How to Conduct a Training Needs Assessment - Part 4: Organizational Performance Gap Analysis](https://helpdesksuites.com/2017/08/30/how-to-conduct-a-training-needs-assessment-part-4-organizational-performance-gap-analysis/): The starting point for identifying performance gaps is the strategy of the organization. By isolating the strategic objectives of the organization it is possible to identify the performance objectives that will be required.
- [How to Conduct a Training Needs Assessment - Part 3: Performing a Training Needs Analysis.](https://helpdesksuites.com/2017/08/23/how-to-conduct-a-training-needs-assessment-part-3-performing-a-training-needs-analysis/): It is our experience, that trainers always discuss the requirement to perform a training needs analysis but few will show how you can do it easily.
- [Use of Fluctuating Workweek Limited by Fifth Circuit](https://helpdesksuites.com/2017/08/18/use-fluctuating-workweek-limited-fifth-circuit/): As far as the U.S. Department of Labor is concerned, the “fluctuating workweek” method of calculating overtime pay has always been something of a negative. That likely has something to do with the fact that this calculation can greatly reduce an employer’s overtime liability. 
- [HelpDesk Tool-Kits - HR Tool-Kit Updates - August 2017](https://helpdesksuites.com/2017/08/18/helpdesk-tool-kits-hr-tool-kit-updates-august-2017/): Hey, New York Employers! We have recently made updates to our HelpDesk Compliance Tool-Kits for HR. Read on…
- [How to Conduct a Training Needs Assessment - Part 2: What is a Needs Analysis?](https://helpdesksuites.com/2017/08/17/how-to-conduct-a-training-needs-assessment-part-2-what-is-a-needs-analysis/): Now that you have a better understanding of training within organizations, it is important that we turn our attention to training needs analysis in more detail.  Although there are many different approaches, it is important that we first have a good working definition of what is a training needs analysis. 
- [How to Conduct a Training Needs Assessment - Part 1: What is Training?](https://helpdesksuites.com/2017/08/09/how-to-conduct-a-training-needs-assessment-part-1-what-is-training/):  Almost all managers will have the experience of being part of a training needs analysis in order to solve a problem, resolve a dilemma or bring about some change within an organization through training. However, how many managers or supervisors can actually define “training”?
- [HelpDesk Tool-Kits - Payroll and HR Updates - July 2017](https://helpdesksuites.com/2017/07/18/payroll-and-hr-updates-july-2017/): We have recently made several Payroll and HR updates to our HelpDesk Tool-Kits. Specifically, “by state” wage and hour law updates (Payroll Tool-Kit) and 8 more forms and document samples/templates (HR Tool-Kit). But, that’s not all!  Read on… Read on to see how seriously we take suggestions and requests sent in by our members and re-sellers. HelpDesk for Payroll Professionals Jury Duty Laws by State Voting Laws by State Family Medical Leave Laws by State School-Related Parental Leave Laws by State Updated I-9 Form and Instruction Booklet (July  2017) Added Templates for Tracking Time Worked and Time Off – 6 in a .zip file […]
- [Breaking News: Revised Form I-9 to Be Published July 17, 2017](https://helpdesksuites.com/2017/07/17/revised-form-i-9-to-be-published-july-17-2017/): Hey Compliance Warriors! Well, USCIS has gone and done it again! We have a new I-9! Read on…
- [Breaking News: Minimum Wage Increases Across the Country Effective July 1st, 2017](https://helpdesksuites.com/2017/07/06/breaking-news-minimum-wage-increases-across-the-country-effective-july-1st-2017/): Hey Compliance Warriors! The minimum wageiMinimum laws changed in many states – AND CITIES – on July 1st, 2017. Are your employees due a pay increase?  Read on…
- [Breaking News: DOL Will Not Pursue 2016 Final Rule for Overtime Exemptions](https://helpdesksuites.com/2017/07/05/breaking-news-dol-will-not-pursue-2016-final-rule-for-overtime-exemptions/): Hey Compliance Warriors! The U.S. Department of Labor (DOL) has decided not to defend the overtime rule finalized under the Obama Administration. Instead, the DOL will begin a new rulemaking process. Read on…
- [Members Only: Free Webinar for Wage and Hour Compliance](https://helpdesksuites.com/2017/06/30/members-only-free-webinar-for-wage-and-hour-compliance/): Wage and hour disputes have become the most common source of substantial, employment-related liability facing employers today. Ongoing changes in federal regulations and expanding state regulations add to the compliance challenges facing employers. In this new webinar series, Wage and Hour Practice Group attorneys will offer their perspective on the latest legal developments to make sure employers are well-informed. Read on to register…
- [States Increase Overtime Exempt Salary Thresholds](https://helpdesksuites.com/2017/06/22/states-increase-overtime-exempt-salary-thresholds/): Are you in New York, California, or Iowa? These are just a few of the states that require a specific rate of pay for Overtime-Exempt workers.
- [What? Repetitive Motion](https://helpdesksuites.com/2017/06/08/what-repetitive-motion/): WARNING: The content in this case is adult themed and may possibly offend some individuals. I have included this case in the WHAT? series to show how  insane and unbelievable some cases can be. NEVER say NEVER when it comes to who might sue whom for WHAT. About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [Breaking News: US SECRETARY OF LABOR WITHDRAWS JOINT EMPLOYMENT, INDEPENDENT CONTRACTOR INFORMAL GUIDANCE](https://helpdesksuites.com/2017/06/07/breaking-news-us-secretary-of-labor-withdraws-joint-employment-independent-contractor-informal-guidance/): Hey Compliance Warriors! On June 7, 2017 the Department of Labor ( DOL ) made a big announcement regarding two very hot topics! Read on…
- [What? Employee Spanky Panky](https://helpdesksuites.com/2017/06/01/what-employee-spanky-panky/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [Important Issues Regarding a Restaurant's Tip Credit](https://helpdesksuites.com/2017/05/30/important-issues-regarding-a-restaurants-tip-credit/): Restaurants: Do your employees know that you take the tip credit? If not, read on because you could be in hot water!
- [Video: 5 Steps to Managing Costly Human Resources Issues](https://helpdesksuites.com/2017/05/25/5-steps-to-managing-costly-human-resources-issues/): The Human Resources department manages issues that can cost companies a tremendous amount of money if not handled properly by all managers, supervisors and employees in an organization. Below are 5 tips that will help your company navigate tricky HR issues and hopefully avoid a costly audit, investigation or lawsuit.
- [Members Only: Free Webinar for Businesses With Employees in Arizona](https://helpdesksuites.com/2017/05/24/members-only-free-webinar-for-businesses-with-employees-in-arizona/): Arizona employers listen up! Do  you have all of the necessary information regarding your upcoming paid sick time law? Join the FREE Webinar presented by attorney firm Littler Mendelson P.C. and find out what  you need to know. When: June 6, 2017: Diagnoses and Prescriptions: Top Ten Things Employers Need to Know About Arizona Paid Sick Time Before July 1, 2017 Read on to register…
- [Pittsburgh's Paid Sick Leave Law: The Fight is On!](https://helpdesksuites.com/2017/05/22/pittsburghs-paid-sick-leave-law-the-fight-is-on/): Pittsburgh’s paid sick leave law suffered another loss on May 17th when Commonwealth Court rejected the city’s appeal of a lower court’s ruling. But wait…there’s more!
- [What? Motivational Waterboarding](https://helpdesksuites.com/2017/05/19/what-motivational-waterboarding/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [5 Cities and States to Watch as Minimum Wage Debates Continue](https://helpdesksuites.com/2017/05/18/5-cities-and-states-to-watch-as-minimum-wage-debates-continue/): Minimum wage increases are a fact of life that many – if not most – employers in America must realize. However, the debates continue on this subject in many states across the country. Let’s look at 5 states and cities undergoing these very debates. Read on…
- [How to Get an I.C.E. Inspection or "Storm"](https://helpdesksuites.com/2017/05/04/temporary-comp-time-bill-under-consideration-in-2017-2/):  Have you ever wondered what would cause you to get inspected by the I-9 folks (a.k.a. I.C.E.)? Read on…
- [Pryor Learning Solutions Vlog #12: Is the Use of Volunteers Legal or Not?](https://helpdesksuites.com/2017/05/03/pryor-learning-solutions-vlog-12-is-the-use-of-volunteers-legal-or-not/): In this video, Lisa Smith discusses the basics of legally using volunteers in the workplace.
- ["Healthcare Employers" in California Must Know New Cal/OSHA Requirements](https://helpdesksuites.com/2017/05/02/healthcare-employers-in-california-must-know-new-calosha-requirements/): On April, 1, 2017 “Healthcare Employers” in California fell under a whole slew of new requirements. If you are under Cal/OSHA then read this new set of requirements and make sure you know whether you are “healthcare” or not. Read on…
- [Pryor Learning Solutions Vlog #11: Employee Termination - 3 Tips for Success](https://helpdesksuites.com/2017/04/28/pryor-learning-solutions-vlog-11-employee-termination-3-tips-for-success/): In this video, Lisa Smith discusses three key factors to remember when terminating an employee.
- [Members Only: Pop-Up Webinar #6 - Another Update on the Final Rule for Overtime Exemptions](https://helpdesksuites.com/2017/04/27/members-only-pop-up-webinar-6-another-update-on-the-final-rule-for-overtime-exemptions/): Welcome to another Members Only Pop-up Webinars for 2017. Today, I am updating you on the latest info regarding the Final Rule for Overtime Exemptions that has been keeping us hanging for months!
- [Pryor Learning Solutions Vlog #10: Do You Provide Paid Leave?](https://helpdesksuites.com/2017/04/26/pryor-learning-solutions-vlog-10-do-you-provide-paid-leave/): In this video, Lisa Smith discusses the issue of Paid Leave around the country.
- [Members Only: Pop-Up Webinar #5 - What Have You Learned from Bill O'Reilly?](https://helpdesksuites.com/2017/04/25/members-only-pop-up-webinar-5-what-have-you-learned-from-bill-o-reilly/): What have you learned from the FOX News – Bill O’Reilly sexual harassment situations?
- [Breaking News: USCIS Will Issue Redesigned Green Cards and Employment Authorization Documents](https://helpdesksuites.com/2017/04/24/breaking-news-luscis-will-issue-redesigned-green-cards-and-employment-authorization-documents/): Hey Compliance Warriors! On April 19th, 2017 USCIS announced they will be redesigning the “Green Card”.  Will it be “green”? 
- [Pryor Learning Solutions Vlog #9: Update on the Overtime Exemptions Final Rule](https://helpdesksuites.com/2017/04/21/pryor-learning-solutions-vlog-9-update-on-the-overtime-exemptions-final-rule/): UPDATE: This final rule has been put on hold until DOL has an opportunity to appeal or submit a new rule. Update expected in 2019. In this video, Lisa Smith provides an update on the Overtime Exemptions Final Rule.
- [Pryor Learning Solutions Vlog #8: USCIS Increases I-9 Penalties](https://helpdesksuites.com/2017/04/20/pryor-learning-solutions-vlog-8-uscis-increases-i-9-penalties/): In this video, Lisa Smith covers the increase in I-9 penalties for noncompliance.
- [Pryor Learning Solutions Vlog #7: USCIS Issues a New I-9](https://helpdesksuites.com/2017/04/19/pryor-learning-solutions-vlog-7-uscis-issues-a-new-i-9/): In this video, learn about the new I-9 form released this year.
- [Members Only: Free Webinar for Businesses Using Independent Contractors](https://helpdesksuites.com/2017/04/18/members-only-free-webinar-for-businesses-using-independent-contractors/): Do you use independent contractors? If so, then you may know the DOL has been super concerned about the use or misuse of independent workers. Join the FREE Webinar presented by attorney firm Littler Mendelson P.C. and find out what  you need to know. When: April 25, 2017: The Trump administration: Will the attack on independent contracting continue? Read on to register…
- [Temporary Comp Time Bill Under Consideration in 2017](https://helpdesksuites.com/2017/04/17/temporary-comp-time-bill-under-consideration-in-2017/): DEC. 2019 UPDATE: THIS BILL HAS STALLED AND NO FURTHER ACTION HAS BEEN TAKEN. An illegal, but sometimes common payroll practice is once again being considered by lawmakers.  Many employers would love to legally substitute extra paid time off for actual overtime paid as it is worked. But, currently this practice is outside of the law. The U.S. House of Representatives is looking to change all of that… at least temporarily. Read on…
- [6 Things Employers Must Know About Jury Duty in Texas](https://helpdesksuites.com/2017/04/08/6-things-employers-must-know-about-jury-duty-in-texas/): Hey Texas Warriors! I recently had a question from on of our BeAuditSecure.com framily members regarding the employment laws surrounding jury duty in Texas. So, I decided to make a short video and post the Texas law below. For our members who do not reside in my home state, never fear. You are not forgotten. I have posted a link to a By State breakdown of jury duty laws just below the video.  Enjoy!
- [Members Only: Pop-up Webinar #4 Federal Court Ruling on Title VII for LGBT](https://helpdesksuites.com/2017/04/06/members-only-pop-up-webinar-4-federal-court-ruling-on-title-vii-for-lgbt/): Hey Warriors! Welcome to another Members Only Pop-up Webinars for 2017. Today, I am updating you on the latest Federal Court Ruling on Title VII for LGBT workers. Enjoy and BeAuditSecure!   Lisa Smith
- [Do you employee Pastafarians or Onionheads?](https://helpdesksuites.com/2017/04/06/do-you-employee-pastafarians-or-onionheads/): From time to time, funny – strange court cases pop across the wires. Here are two that dealt with religious accommodations and the right to freedom FROM religious practices. Do you employee Pastafarians or Onionheads? Read on…
- [Breaking News: Landmark 7th Circuit Ruling Extends Title VII Protections To Sexual Orientation](https://helpdesksuites.com/2017/04/05/breaking-news-landmark-7th-circuit-ruling-extends-title-vii-protections-to-sexual-orientation/): Hey Compliance Warriors! Pay attention. This is a BIG deal. On April 4th, 2017 a federal court in Chicago became the first U.S. appellate court in the country to rule that LGBT employees are protected from workplace discrimination under the 1964 Civil Rights Act.
- [Members Only: 4 Mistakes Even Smart Managers Make (3 min. Video)](https://helpdesksuites.com/2017/04/04/members-only-4-mistakes-even-smart-managers-make/): Hey Warriors! Are you SMART MANAGERS? I’m sure you are, but there are 4 big mistakes that even SMART managers make. Watch this short video and do a little self evaluation. Then, let me know what you think! Enjoy and BeAuditSecure! Transcript: 4 Mistakes Even Smart Managers Make Managing a business is tough work. Many managers and business owners struggle with work-life balance to the point of jeopardizing the business. Sadly, their family life and personal health often suffer, as well. Brother International has surveyed  small business owners annually for the last six years. In its 2015 survey of 500 U.S. small […]
- [Arizona’s Voter-Approved Minimum Wage and Paid Sick Leave Law](https://helpdesksuites.com/2017/03/22/arizonas-voter-approved-minimum-wage-and-paid-sick-leave-law/): Arizona employers listen up! Your Supreme Court has ruled that your disputed minimum wage increase will hold and you will be providing paid sick leave. Read on…
- [How to Defend Your Actions When Undergoing and Audit or Lawsuit](https://helpdesksuites.com/2017/03/14/how-to-defend-your-actions-when-undergoing-and-audit-or-lawsuit/): One of the scariest moments an employer can have is sitting with an auditor, investigator or litigator and failing to properly answer the #1 question they will ask: “What made you think you could do it this way?”  Properly answering this question can mean that you pay what it costs to fix  the problem, but are not charged extra expensive penalties and damages.
- [OSHA Top 10 Most Cited Safety Issues in 2016](https://helpdesksuites.com/2017/03/08/osha-top-10-most-cited-safety-issues-in-2016/): Labor’s Occupational Safety and Health Administration releases a preliminary list of the 10 most frequently cited safety and health violations for the fiscal year, compiled from nearly 32,000 inspections of workplaces by federal OSHA staff. One remarkable thing about the list is that it rarely changes.
- [Members Only: Break Time for Nursing Mothers](https://helpdesksuites.com/2017/03/07/members-only-break-time-for-nursing-mothers/): Hey Warriors! Welcome to another Members Only special post. Today, I am providing you with a little more info on the Nursing Mothers Break requirements most of you should be observing when necessary. I have included a short explainer video and a FAQ sheet you are able to download in pdf format. Please comment and let me know if you have questions.
- [Do You Have a Nursing Mothers Policy and Procedure?](https://helpdesksuites.com/2017/03/06/do-you-have-a-nursing-mothers-policy-and-procedure/): Here is a chance to audit-secure one of your policies! Do You Have a Nursing Mothers Policy and Procedure? Do you allow nursing mothers to express milk as per federal law? Does your private location for this activity meet federal and state specific guidelines? When the mother exercises her right to this break, does anyone in your workplace “retaliate”? Have you trained all managers and supervisors on this specific type of break? If you can’t answer all of these questions in a manner that benefits the worker, you may be in violation of this very important federal protection for your mothers who […]
- [Do You Know What Your Rights are Under I9 Laws?](https://helpdesksuites.com/2017/03/02/do-you-know-what-your-rights-are-under-i9-laws/): Do you assume you know your rights and what your employee’s rights are under I9 Law? Take a short quiz (15 questions) and see how much you really do know. Some of the answers may surprise you!
- [How to Calculate Overtime When a Worker has 2 Rates of Pay](https://helpdesksuites.com/2017/02/28/how-to-calculate-overtime-when-a-worker-has-2-rates-of-pay/): Have you ever wondered how to calculate overtime when a worker has 2 rates of pay? Well, today is the day you find out! Here is a link to an easy breezy way to calculate overtime when a worker has two rates of pay. This is a calculator sponsored by the Texas Workforce Commission. Very reliable for most states. However, some states like California and Alaska have special overtime rules based on the 8+ hour day. In this case, please do not rely on this calculator, as it assumes you are following overtime rules for the 40 hour work week. Enjoy! […]
- [Members Only: Pop-up Webinar #3 Update on the Status of the Final Rule for Overtime Exemptions](https://helpdesksuites.com/2017/02/27/members-pop-webinar-3-final-rule-update/): Hey Warriors! Welcome to another Members Only Pop-up Webinars for 2017. Today, I am updating you on the latest happenings with the Final Rule for Overtime Exemptions. Please comment and let me know if you have questions. Enjoy and BeAuditSecure! Transcript: Hey good morning compliance warriors, it’s Lisa Smith, just touching base with you on a little bit of an update on the overtime rules for the exempt status personnel that you employ. So we know that I did a pop up webinar a few weeks ago talking about how the overtime rule was put off from the December first deadline and […]
- [Members Only: Pop-up Webinar #2 Our New I-9 and Penalties for Technical Errors](https://helpdesksuites.com/2017/02/06/members-pop-webinar-2-new-i-9/): Hey Warriors! Welcome to another Members Only Pop-up Webinars for 2017. Today, I am reminding you of a few basics and explaining the increased penalties for “technical” errors that e-Verify will NOT protect you from incurring! Please comment and let me know if you have questions. Enjoy and BeAuditSecure! Transcript: Hey compliance warriors, Lisa Smith here with another pop up webinar. So I hope things are going well for you on this Monday February 6th and I wanted to talk to you a little bit because we are about two weeks or so now into the implementation of our new I-9 and so […]
- [HelpDesk Tool-Kits - Payroll and HR Updates - January 2017](https://helpdesksuites.com/2017/01/19/payroll-and-hr-updates-january-2017/): We have recently made several Payroll and HR updates to our HelpDesk Tool-Kits. Specifically, “by state” wage and hour law updates for 2017 (Payroll Tool-Kit) and human resources law updates: federal and by state (HR Tool-Kit). Do you want to see specific tools or other HELP in one of our Tool-Kits? Please, contact us and tell us what you need. We want to put all of  the Help we can on your Desk! Read on to see how seriously we take suggestions and requests sent in by our members and re-sellers. HelpDesk for Payroll Professionals 2017 Minimum wage laws by state 2017 Meal […]
- [Members Only: Pop-up Webinar #1 Update on the Final Rule for Overtime Exemptions](https://helpdesksuites.com/2017/01/05/members-pop-webinar-1-update-final-rule-overtime-exemptions/): Hey Warriors! Welcome to the first of my new Members Only Pop-up Webinars for 2017. I am planning to do these when news is breaking or when there is just a really great topic I need to address. Please comment and let me know if you like this format. They will be short and you are welcome to ask questions in the comment section. Yay! Enjoy and BeAuditSecure! Transcript: Hey compliance warriors, Lisa Smith here. I am just getting started with my new project for 2017, which is going to be pop up webinars. I have been thinking about this for […]
- [State Minimum Wage Changes for 2017](https://helpdesksuites.com/2016/12/08/state-minimum-wage-changes-for-2017/): The New Year is approaching and it is time to raise the pay of your minimum wage employees in more than 20 states and local areas. Are you ready? Check out these State Minimum Wage Changes for 2017. Alaska: $9.80 per hour. Arizona: $10.00 per hour. The minimum wage is also scheduled to increase to $10.50 per hour on January 1, 2018. Arkansas: $8.50 per hour. California: $10.50 per hour. The minimum wage is also scheduled to increase to $11.00 per hour on January 1, 2018. Colorado: $9.30 per hour. The minimum wage is also scheduled to increase to $10.20 per hour […]
- [Blocked Overtime Rules Leave Employers with a Dilemma](https://helpdesksuites.com/2016/12/06/blocked-overtime-rules-leave-employers-with-a-dilemma/): Did you announce new classifications and pay increases that you now want to take back? If so, you are not alone. But, what now?
- [Mexico Minimum Wage Increase for 2017](https://helpdesksuites.com/2016/12/06/mexico-minimum-wage-increase-for-2017/): Do you have employees in Mexico? If so, listen up! The Mexico Minimum Wage Increase for 2017 was announced on December 1, 2016!
- [Breaking News: November 22, 2016 - Texas Judge Blocked Federal Overtime Rules](https://helpdesksuites.com/2016/11/22/breaking-news-texas-judge-blocked-federal-overtime-rules/): Oh my! Today – November 22, 2016 – a judge in Texas blocked federal overtime rules that would have opened up the way for pay increases and overtime pay for millions of workers across the nation. The new rule was set to go live on December 1, 2016. Read on for the details…
- [HelpDesk Tool-Kits - Payroll and Accounts Receivable Updates - November 2016](https://helpdesksuites.com/2016/11/16/payroll-and-accounts-receivable-updates-november-2016/): We have recently made several updates to our HelpDesk Tool-Kits. Specifically, Accounts Receivable Collections and I-9 Compliance updates to our A/R and Payroll Compliance Tool-Kits. Do you want to see specific tools or other HELP in one of our Tool-Kits? Please, contact us and tell us what you need. We want to put all of  the Help we can on your Desk! Read on to see how seriously we take suggestions and requests sent in by our members and re-sellers.
- [Breaking News: I-9 Penalties Increase Effective Immediately](https://helpdesksuites.com/2016/11/16/i-9-penalties-increase-effective-immediately/): Well, the fun just never ends. USCIS has announced increases to the penalties for errors made on completion of Form I-9, along with penalties for many other infractions. One of the most common penalty types has nearly DOUBLED. Read on to see how this may affect your I-9 practices.
- [Pryor Learning Solutions Vlog #6: DOL Penalized for Overtime Violations](https://helpdesksuites.com/2016/11/15/pryor-learning-solutions-vlog-6dol-penalized-for-overtime-violations/): Wage and hour issues are a serious subject with the Department of Labor. No employer wants to be in a position to pay heavy fines and penalties because they violated overtime laws or possibly didn’t classify an employee properly. But guess what. Employers aren’t the only folks out there that have to be concerned about upkeeping their wage and hour policies and procedures.
- [Breaking News: USCIS Issues the NEW I-9](https://helpdesksuites.com/2016/11/15/uscis-issues-the-new-i-9/): Hey Compliance Warriors! USCIS told us to expect the new I-9 on November 22, 2016. SURPRISE! They posted it yesterday afternoon, November 14, 2016. Read on…
- [Docking the pay of Your Overtime Exempt Workers](https://helpdesksuites.com/2016/11/07/docking-the-pay-of-your-overtime-exempt-workers/): The FLSA pay-docking rules are fairly unclear. Usually, they don’t permit deductions from an overtime exempt employee’s salary. The regulations state that the amount of money an overtime exempt employee earns cannot be dependent on the number of days or hours they’ve worked. Also, you cannot deduct money based on the quality or quantity of work produced. However, there are a few ways to legally dock pay if you have written policies in place BEFORE the pay-docking situation occurs.
- [DOL Overtime Rule Sparks Difficult Conversations](https://helpdesksuites.com/2016/11/05/dol-overtime-rule-difficult-conversations/): Well folks, it’s just about that time. The implementation of the DOL Overtime Rule is upon us and if you have not already had a few difficult conversations, you are one of very few affected employers. Guess what? These difficult conversations are not going to stop after December 1, 2016. Going forward you may encounter employees who previously had been assigned as an Overtime-Exempt worker, but will be Overtime-Eligible going  forward. Explaining this may be the difficult conversation I am discussing today.
- [Survey: Which TV Boss are You?](https://helpdesksuites.com/2016/11/04/survey-tv-boss/): A couple of years ago, Career Builder created a cool survey / quiz: “Which TV boss is your boss?” I thought it was pretty funny and telling. So, I would like to turn the tables and  share it with you all. But, instead of looking outside at others, take a minute and look inside. Which TV Boss are You?
- [Pryor Learning Solutions Vlog #5: Employee Retention - 3 Make or Break Factors](https://helpdesksuites.com/2016/10/20/pryor-learning-solutions-vlog-5-employee-retention-3-make-or-break-factors/): Do you sometimes struggle with recruitment and retention issues in your organization? Well, if you do, I have a survey that you’ll enjoy.
- [Pryor Learning Solutions Vlog #4: Employers Must Have a Written FMLA Policy](https://helpdesksuites.com/2016/10/14/pryor-learning-solutions-vlog-4-employers-must-have-a-written-fmla-policy/): Does your organization currently have a written FMLA policy? In the short video below, Lisa Smith discusses the Department of Labor’s new FMLA requirement.
- [Lunch ‘n Learn: OSHA’s Workplace Violence Program Requirements: Domestic Violence](https://helpdesksuites.com/2016/10/13/oshas-workplace-violence-program-domestic-violence/): In this course you will learn: OSHA’s definition of violence and aggression What the risks are for violence by a personal relationship How to recognize the signs of domestic abuse in a co-worker The items employers must address in a workplace violence action plan
- [Gig Economy: Why DOL is Concerned About Freelancers](https://helpdesksuites.com/2016/10/13/gig-economy-why-dol-is-concerned-about-freelancers/): So, what is this Gig Economy we hear so much about? Have you heard of Lyft, Uber, Fiverr or UpWork? These are just of couple of the websites businesses can turn to when filling a specific need for a short-term (or even long-term) project. The freelancers (on-demand workers) on these sites are the bricks in the wall of this new Gig Economy. Check out the updated info in this post and then think very hard about your classification of non-W-2 (independent) workers.
- [5 Reasons All Employers Must Have an Employee Policy Manual](https://helpdesksuites.com/2016/10/07/all-employers-must-have-an-employee-policy-manual/): Wage and hour complaints are one of the fastest rising issues in employment law. An employee policy manual is one major  way employers can show they made significant efforts to “clearly communicate” to all employees the intent to obey the law on all issues. That is of course assuming the policy manual is written to obey the law.
- [Members Only: FREE Webinars for ASAP Members Only](https://helpdesksuites.com/2016/10/07/free-webinars-for-asap-members-only/): Hey ASAP Members! If you subscribe to our HelpDesk Suite of Compliance Tool-Kits or have recently joined our Audit-Secure Assistant Program, you may know that on occasion we provide FREE webinars as part of your program. Well, it’s time again. In October we are offering a Wednesday afternoon webinar on Workplace Violence: How to identify victims of domestic violence in your workplace. This is never a happy topic, but it is necessary. OSHA says so and so does plain old common decency. October is DV Awareness month and I am presenting this webinar as a Survivor of a 12 year marriage […]
- [Voting Laws by State](https://helpdesksuites.com/2016/10/06/voting-laws-by-state-2/): The BIG 2016 Presidential Election is only  a few weeks away. How will you handle employees who wish to vote on election day? Voting laws vary from state to state. Does your company have a written policy and procedure that accurately reflects the voting laws in your state?
- [Members Only: Voting Laws by State](https://helpdesksuites.com/2016/10/01/voting-laws-by-state/): The BIG 2016 Presidential Election is only  a few weeks away. How will you handle employees who wish to vote on election day? Voting laws vary from state to state. Does your company have a written policy and procedure that accurately reflects the voting laws in your state?
- [Breaking News: 21 States Challenge DOL’s New Overtime Rules](https://helpdesksuites.com/2016/09/20/breaking-news-21-states-challenge-new-overtime-rules/): Some say the overtime rules will never see implementation in December. Is this true? Who is trying to block the rules? Read one…
- [I-9 Update and HelpDesk for Payroll](https://helpdesksuites.com/2016/09/16/9-update-helpdesk-payroll/)
- [Breaking News: USCIS Announces New Form I-9](https://helpdesksuites.com/2016/09/15/breaking-news-uscis-announces-new-form-i-9/): Hey Warriors, We have been wondering about the new I-9. Well wonder no more…….  just read on!
- [Do You Know the Definition of Willful ?](https://helpdesksuites.com/2016/09/07/dols-latest-definition-of-willful-2/): USDOL is famous for requiring three years’ of payroll information during a FLSA investigation. They often assess civil money penalties when FLSA violations are determined to be “willful”. So, what is the actual definition of the word willful?
- [DOL's Latest Definition of "Willful"](https://helpdesksuites.com/2016/09/02/dols-latest-definition-of-willful/): USDOL is famous for requiring three years’ of payroll information during a FLSA investigation. They often assess civil money penalties when FLSA violations are determined to be “willful”. So, what is the actual definition of the word “willful”?
- [Pay Overtime or Pay Double Damages](https://helpdesksuites.com/2016/09/01/pay-overtime-or-pay-double-damages/): Read this account of a recent investigation by the Department of Labor (DOL). A small convenience store in New Hampshire found out the hard way employers must Pay Overtime or Pay Double Damages.
- [4 Mistakes Even Smart Managers Make](https://helpdesksuites.com/2016/09/01/4-mistakes-even-smart-managers-make/): Take a look at these 4 mistakes even smart managers make that can cause burnout. If not kept in check, these things will sabotage a career and a business. Managing a business is tough work. Brother International–the maker of printers, scanners, and other office gear–has surveyed small business owners annually for the last six years. In its 2015 survey of 500 U.S. small business owners with fewer than 100 employees, the 4 worst business habits of folks who own and/or manager small businesses were revealed. Let’s take a peek at what they found and do some self-evaluation. 1. Trying to do it all One […]
- [HelpDesk Tool-Kits - FLSA and FMLA Updates - August 2016](https://helpdesksuites.com/2016/08/30/flsa-and-fmla-updates-2016/): August 2016 saw several updates to our HelpDesk Tool-Kits. Specifically, FLSA and FMLA updates to our Human Resources and Payroll Tool-Kits. Do you want to see specific tools or other HELP in one of our Tool-Kits? Please, contact us and tell us what you need. We want to put all of  the Help we can on your Desk! Read on to see how seriously we take suggestions and requests sent in by our members and re-sellers.
- [Employees Who Refuse Flu Shots](https://helpdesksuites.com/2016/08/26/employees-refuse-flu-shots/): Can you fire an employee who refuses a flu shot? Read on…
- [Breaking News: DOL Releases New FLSA Poster and EPPA Poster](https://helpdesksuites.com/2016/08/25/new-flsa-poster-eppa-poster/): Hey Warriors, Have you updated your FLSA poster and EPPA poster?  I’m not trying to  sell you any…lol. This is for real!
- [DOL Overtime Pay Dispute Costs $7 Million](https://helpdesksuites.com/2016/08/25/dol-overtime-pay-dispute/): “Do as we say not as we do.” This could be the new DOL message when penalizing employers across the country. It seems the DOL is also guilty of “doing it wrong”. This overtime pay dispute with about 3000 DOL employees is only the  tip of  the iceberg. Read on…
- [Pryor Learning Solutions Vlog #3: Overtime Exemptions Final Rule: Next Steps](https://helpdesksuites.com/2016/08/24/fred-pryor-seminars-2-2/): UPDATE: This final rule has been put on hold until DOL has an opportunity to appeal or submit a new rule. Update expected in 2019. Do you know and understand the overtime exemption rule recently released by the Department of Labor? In this video, Lisa Smith gives an overview of a few important “next steps” employers should take in order to be ready for the December 1st, 2016 implementation.
- [Pryor Learning Solutions Vlog #2: Overtime Exemptions Final Rule: The Duties Test](https://helpdesksuites.com/2016/08/22/fred-pryor-seminars-2/): Do you know and understand the overtime exemption rule recently released by the Department of Labor? In this video, Lisa Smith gives an overview of which duties qualify an individual for exemption. The DOL’s new overtime final rule is here. May 18, 2016 saw the release of the long awaited details employers may or may not be required to follow in a few months. Tune in and find out what I mean by “may not”. Send your questions to me – lisa@beauditsecure.com Until Next Time, Be Audit Secure! Lisa Smith *This video first appeared on Fred Pryor Seminars YouTube site: https://youtu.be/galJFXpcSoY […]
- [Breaking News: Massachusetts Lawmakers Approve Pay Equity Bill](https://helpdesksuites.com/2016/08/19/massachusetts-lawmakers-approve-pay-equity-bill/): Hey Massachusetts! Get  ready to audit-secure your pay practices. Equal pay is  the  hot topic due to a bill approved on July 23rd, 2016. Get the details here…
- [New OSHA Training Rule - How to Comply](https://helpdesksuites.com/2016/08/18/new-osha-training-rule-how-to-comply/): Check out this article by Safety First Consulting. New OSHA Training Rule Can Be Avoided If You Do This One Thing Until Next Time, Be Audit-Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Development, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [10 Ways to Reduce Turnover in your Organization](https://helpdesksuites.com/2016/08/17/10-ways-to-reduce-turnover-in-your-organization/): Recently, the Society for Human Resources Management polled U.S. employees regarding factors that contribute to their overall job satisfaction. Check out the results and learn what you can do to reduce turnover in your organization!
- [5 Personalities that will Sabotage your Meetings](https://helpdesksuites.com/2016/08/16/5-personalities-that-will-sabotage-your-meetings/): While meetings and brainstorming sessions can generate great results, it takes only one bad seed with a negative personality to turn these sessions unpleasant and unproductive. Here are the most common of the negative personalities, according to a new book, SmartStorming.
- [Pryor Learning Solutions Vlog #1: Overtime Exemptions Final Rule](https://helpdesksuites.com/2016/08/16/fred-pryor-seminars-1/): UPDATE: This final rule has been put on hold until DOL has an opportunity to appeal or submit a new rule. Update expected in 2019. Is your company aware of the recent release of the final rule for FLSA overtime exemption? Be sure you are up to date with all the new FLSA updates. In this video, Lisa Smith goes into a brief overview of the ruling.
- [How to Motivate Creative Thinking in the Workplace](https://helpdesksuites.com/2016/08/15/10-ways-to-encourage-creative-thinking-in-the-workplace/):   Motivating creativity is important to the productivity and cohesiveness in a company. The Marketing Donut listed 10 ways to encourage creative thinking in the workplace. Check it out!
- [7 Strangest Employee Behaviors HR Managers Have Dealt with This Year](https://helpdesksuites.com/2016/08/12/7-strangest-employee-behaviors/): Careerbuilder.com recently conducted a survey to find out which challenges with employees HR managers have dealt with this year. Managers reported some pretty out-there behaviors while on the clock. Here are the  7 strangest employee behaviors the  survey picked up.
- [Lazy Learners, Paid Leave and Recreational Marijuana](https://helpdesksuites.com/2016/08/11/lazy-learners-paid-leave-and-recreational-marijuana/): Lazy Learners, Paid Leave and Recreational Marijuana – 3 articles you do NOT want to miss.
- [5 Ways Managers Are Driving Their Employees Insane](https://helpdesksuites.com/2016/08/10/5-ways-managers-are-driving-their-employees-insane/): Managers will inevitably drive their employees crazy. They’re people too. They aren’t perfect. Andrew Saunders, writing on the U.K.-based website Management Today, recently compiled a list of the kind of behaviors managers, even if unknowingly, fall into. Enjoy and learn from these 5 ways managers are driving their employees insane.
- [Massachusetts Non-Compete Bill is Stuck Again!](https://helpdesksuites.com/2016/08/09/massachusetts-noncompete-bill-is-stuck-again/): A Massachusetts non-compete bill is stuck again! Lawmakers have failed, once again, to come to an agreement on legislation that would clarify the use of non-compete agreements by employers.
- [FMLA and ADA - When They Clash and Why Employers Should Care](https://helpdesksuites.com/2016/08/04/when-they-clash/): So, your employee has requested intermittent FMLA leave with an altered work schedule. Sounds fairly easy. But, what are the hidden issues that may not be mentioned during this conversation?  FMLA and ADA? Why should you care?
- [3 Things to NEVER Do When Dealing with an Unexpected Resignation](https://helpdesksuites.com/2016/07/27/3-things-to-never-do-when-dealing-with-an-unexpected-resignation/): It never fails! It’s a busy Monday morning and Joe approaches you in a huff. The day has already started with busy phones, angry clients and now you are being told that your (normally) most reliable employee is done. No notice, no letter of resignation – just DONE! What now? The next few decisions you make could prove to be the smartest or the least advisable when trying to navigate this sudden transition smoothly.
- [Federal and State Employment Laws That May Affect Your Business After 07/01/2016](https://helpdesksuites.com/2016/07/11/federal-and-state-employment-laws-2016/): Are you aware of federal and state employment laws that may may  have changed in  your state or local area? Read on to be sure you are in the  know for this last half of 2016!
- [Employment Law Blog Feed](https://helpdesksuites.com/2016/07/08/employment-law-blog-feed/): Hello Compliance Warriors! This section of BeAuditSecure.com is dedicated to blogs written by the top employment law firms in the country. [popup type=”iframe” link_text=”Ford-Harrison Webinar Schedule” href=”http://www.fordharrison.com/webinars.aspx” /] [popup type=”iframe” link_text=”Ford Harrison Legal Alerts” href=”http://www.fordharrison.com/legalalerts” /]
- [Rapper T.I. Sued by Employees for Wage and Hour Violations](https://helpdesksuites.com/2016/07/06/rapper-ti-sued-for-wage-and-hour-violations/): Let’s play “Spot the Error(s)”. Headline: Atlanta based rapper T.I. sued by employees at Scales 925, his downtown Atlanta restaurant. Read the article below and see how many violations you can spot.
- [Negative Attitudes In The Workplace: How to Deal](https://helpdesksuites.com/2016/07/05/negative-attitudes-in-the-workplace/): In every workplace, there are negative attitudes that eat away at the productivity of everyone associated with the company. These people may go unidentified for some time, all the while causing major damage.  
- [Tax Treatment of Wellness Program Benefits](https://helpdesksuites.com/2016/06/25/wellness-program-benefits-2/): Listen up Payroll and HR professionals. The IRS recently released clarification regarding the tax treatment of wellness program benefits. 
- [California's Employers Ability To Allow ICE Into The Workplace Challenged By DOJ](https://helpdesksuites.com/2018/04/05/californias-employers-ability-to-allow-ice-into-the-workplace-challenged-by-doj/): Hey Compliance Warriors! The Department of Justice is challenging the ability to allow Immigration and Customs Enforcement in the workplace. Read on for the details…
- [IRS Releases The Revenue Procedure For 2018](https://helpdesksuites.com/2018/04/04/irs-releases-the-revenue-procedure-for-2018/): Hey Compliance Warriors! With the Revenue Procedure for 2018 there are some changes to HSA maximum contribution limit and others. Read on for the details…
- [Religious Discrimination Case Over Flu Vaccine Settles](https://helpdesksuites.com/2018/04/03/religious-discrimination-case-over-flu-vaccine-settles/): Hey Compliance Warriors! The flu vaccine can be a controversial subject. With the flu so common and so dangerous It’s become a requirement for hospital personnel. There are however loop holes in defense of religious beliefs. Read on about this court case on this topic that was settled in North Carolina…
- [Should Employers Offer Egg Freezing As A Benefit?](https://helpdesksuites.com/2018/04/02/should-employers-offer-egg-freezing-as-a-benefit/): Hey Compliance Warriors! With the idea of of women freezing their eggs this day and age becoming more and more popular should employers consider offering benefits that would cover this? Here are some factors to consider. Read on…
- [Can Bill Murray's "Groundhog Day" Movie Be A Lesson For Employers When Considering Pay Apps?](https://helpdesksuites.com/2018/03/29/can-bill-murrays-groundhog-day-movie-be-a-lesson-for-employers-when-considering-pay-apps/): Hey Compliance Warriors! Pay apps can be a blessing and a curse for employers. What lesson can the movie “groundhog day” teach us when it comes to this? Read on…
- [Clarifications Of The Statue Of Limitations Under The Colorado Wage Act](https://helpdesksuites.com/2018/03/29/clarifications-of-the-statue-of-limitations-under-the-colorado-wage-act/): Hey Compliance Warriors! The Colorado Supreme Court has given limitations for wage claims in the state of Colorado. Meaning that any claim has to be made within two or three years of when the wages are issued. Read on for all the details on this…
- [DOL Postpones New Disability Claim Rules](https://helpdesksuites.com/2018/03/27/dol-postpones-new-disability-claim-rules/): Hey Compliance Warriors! The new rules for the procedures on how to handle disability claims have been delayed from being effective January 1, 2018 to April 1, 2018. Read on for more on this…
- [FMLA Tax Credit For Employers Who Offer Paid Sick Leave](https://helpdesksuites.com/2018/03/21/fmla-tax-credit-for-employers-who-offer-paid-sick-leave/): Hey Compliance Warriors! As an employer during tax season we all love to hear the word “credit.” If you’ll consider offering paid family and medical leave to your employees you may be eligible for a tax credit! Read on for the details…
- [California's New Overtime Rules Will Most Likely Cause Payroll Problems](https://helpdesksuites.com/2018/03/20/californias-new-overtime-rules-will-most-likely-cause-payroll-problems/): Hey Compliance Warriors! California recently ruled on new overtime bonus rules. However, this may cause problems for payroll going forward. Read on…
- [Wage and Hour Division Trying Out New Program Pertaining to FLSA](https://helpdesksuites.com/2018/03/19/wage-and-hour-division-trying-out-new-program-pertaining-to-flsa/): Hey Compliance Warriors! FLSA litigation can take forever it seems. The Wage and Hour Division is testing a program called The Payroll Audit Independent Determination program (PAID). PAID is a new pilot program that’s being tested for 6 months hoping to speed up the process. Read on for more information…
- [Should Paternity Leave Be Equal to Maternity Leave? EEOC Weighs In](https://helpdesksuites.com/2018/03/16/should-paternity-leave-be-equal-to-maternity-leave-eeoc-weighs-in/): Hey Compliance Warriors! The EEOC has settled on a case regarding paternity leave. Read on to see what the ruling was…
- [California Supreme Court Implements A New Formula For Calculating Overtime Pay](https://helpdesksuites.com/2018/03/15/california-supreme-court-implements-a-new-formula-for-calculating-overtime-pay/): Hey Compliance Warriors! This new formula for calculating overtime pay in California is employee-friendly. Read on for the details…
- [Ex-Google Employee's Wrongful Termination Gets Ruling](https://helpdesksuites.com/2018/03/14/ex-google-employees-wrongful-termination-gets-ruling/): Hey Compliance Warriors! National Labor Relations Board has an interesting ruling on this wrongful termination complaint by Ex-Google employee. Read on for the details…
- [Workers Comp: Reasons the Employer Wouldn't Have To Pay](https://helpdesksuites.com/2018/03/13/workers-comp-reasons-employer-wouldnt-pay/): Hey Compliance Warriors! Workers Comp can be tricky sometimes. The courts clarify some situations where the employer wouldn’t have to pay to injuries. Read on…
- [Does FMLA Cover The Death Of A Pet?](https://helpdesksuites.com/2018/03/12/fmla-cover-death-pet/): Hey Compliance Warriors! If you’re a pet owner, your pet is no doubt a huge part of your family. Does your company see it that way though? Read on to see what the courts say…
- [4 Ways To Make Sure Your Company Is I-9 Compliant](https://helpdesksuites.com/2018/03/09/4-ways-make-sure-company-9-compliant/): Hey Compliance Warriors! Are you reviewing your company to make sure you’re I-9 compliant? Read on for some tips on what to look for…
- [Sexual Orientation Discrimination- Is It illegal?](https://helpdesksuites.com/2018/03/08/sexual-orientation-discrimination-illegal/): Hey Compliance Warriors! Last year the Supreme Court declined to rule on the issue of sexual orientation discrimination, but theres another court case that may take this issue right back up to the supreme court. Read on…
- [New W-4 Form and Calculator Issued By The I.R.S.](https://helpdesksuites.com/2018/03/07/new-w-4-form-calculator-issued-r-s/)
- [Supreme Court Ruling On Dodd- Frank Act](https://helpdesksuites.com/2018/03/06/supreme-court-ruling-dodd-frank-act/): Hey Compliance Warriors! Here’s an interesting change to the Dodd-Frank Act that changes up the whistleblower protections, making them narrower. Read on…
- [Pay Equity Efforts Increase](https://helpdesksuites.com/2018/03/05/pay-equity-efforts-increase/): Hey Compliance Warriors! We know that pay equity is a big topic right now. In 2017 there was more than 100 bills trying to be passed to narrow the pay gap between men and women. Looks like in 2018 we will see even more initiative. Read on…
- [The "Gig Economy" Benefits Grubhub In Court Case](https://helpdesksuites.com/2018/03/01/gig-economy-benefits-grubhub-court-case/): Hey Compliance Warriors! The “Gig economy” we live in today is very prevalent. It has it’s pros and cons for many companies. In this case Grubhub benefited greatly. Read on…
- [ FMLA: Does Covered Employer Equal Covered Employees?](https://helpdesksuites.com/2018/02/28/fmla-covered-employer-equal-covered-employees/): Hey Compliance Warriors! Public and Private Employers Subject to 50 Employee Threshold Under the FMLA: Does Unconditional Language in Employee Manual Create a Jury Question? Read on..
- [Austin Texas Adopts Paid Sick Leave](https://helpdesksuites.com/2018/02/27/austin-texas-adopts-paid-sick-leave/): Hey Compliance Warriors! Austin Texas is the most recent city to join the paid sick leave train. Read on for the details…
- [Do You Have An Employment Practices Liability Policy?](https://helpdesksuites.com/2018/02/27/employment-practices-liability-policy/): Hey Compliance Warriors! If you do have employment practices liability coverage, have you read all of the exclusions? Are you sure they will pay? Read on to see what one court had to say…
- [Statistics Show Hiring Could Become More Difficult In 2018](https://helpdesksuites.com/2018/02/26/statistics-show-hiring-become-difficult-2018/): Hey Compliance Warriors! You know the old saying: “good help is hard to find?” Well in 2018 we may see that even more as it seems to show its getting harder and harder to find skilled employees. Read on…
- [Maryland: Sick Leave Laws Raise Questions For Out-Of-State Employers](https://helpdesksuites.com/2018/02/23/maryland-sick-leave-laws-raise-questions-state-employers/): Hey Compliance Warriors! Maryland is now the 9th state to have enacted paid sick leave laws. Some out of state employers are wondering is certain laws apply to them. Here’s an article that provides some clarity on this topic.
- [Good Intentions Toward FLSA Could Actually Result In Violations](https://helpdesksuites.com/2018/02/22/good-intentions-toward-flsa-actually-result-violations/): Hey Compliance Warriors! Here’s some interesting situations in the work place where employers have great intentions but could result in being considered a violation of FLSA. Read on…
- [Employee Benefits Update for 2018](https://helpdesksuites.com/2018/02/21/employee-benefits-update-2018/): Hey Compliance Warriors! Here’s some more up date on Employee Benefits for 2018. Read on…
- [ERISA And Other DOL Penalties Have Been Increased For 2018](https://helpdesksuites.com/2018/02/20/erisa-dol-penalties-increased-2018/): Hey Compliance Warriors! Starting January 2nd the fine for not giving our employees the proper benefits has gone up. All the more reason to make sure we are treating our employees right! Read on…
- [Is an Extended Leave of Absence a Reasonable Accommodation Required by the ADA?](https://helpdesksuites.com/2018/02/19/extended-leave-absence-reasonable-accommodation-required-ada/): Hey Compliance Warriors! Here’s an interesting question regarding extended leave of absences. The rules on when an employee should return to work with reasonable accommodation can be blurred toward the end of the leave. Read on to find out more…
- [Tom Brady Played Through A Work Related Injury. Should your employees do the same?](https://helpdesksuites.com/2018/02/16/tom-brady-played-work-related-injury-employees/): Hey Compliance Warriors! If you’re an NFL fan you no doubt heard about Tom Brady’s injury in the playoffs this year. Despite that he still played through the injury but did you know that this can actually be a violation of FMLA? Read on…
- [Should Companies Be Offering "Pawternity leave?"](https://helpdesksuites.com/2018/02/15/companies-offering-pawternity-leave/): Hey Compliance Warriors! This day and age there’s so many seemingly obscure reasons for employees to take time off. Would “pawternity leave” fall under that category? Read on and you decide…
- [Guidance on Meal and Rest Periods for Ambulance Attendants in California](https://helpdesksuites.com/2018/02/14/guidance-on-meal-and-rest-periods-for-ambulance-attendants-in-california/): Hey Compliance Warriors! The ninth circuit is seeking clarification on meal and rest periods from the California supreme court. These are the questions they’re looking to get guidance on. Read on…
- [Understanding California "Split-Shift" Pay](https://helpdesksuites.com/2018/02/13/understanding-california-split-shift-pay/): Hey Compliance Warriors! In California employees can be entitled to pay for time they haven’t even worked. Here’s some interesting information on how Split-shift” pay works and how to report it. Read on…
- [5 Employment Law Predictions For 2018](https://helpdesksuites.com/2018/02/12/5-employment-law-predictions-for-2018/): Hey Compliance Warriors! Since were settled into the new year we all want to not only get ourselves caught up, but also stay ahead of the game. So take a look at these predictions on employment law for 2018. Read on…
- [Wage Disparity Issues In Hollywood](https://helpdesksuites.com/2018/02/09/wage-disparity-issues-in-hollywood/): Hey Compliance Warriors! With all that’s been going on in Hollywood with allegations of sexual assault against multiple men in high places there’s also another issue that’s going on pertaining to wage disparity. This is one great information to help us stay informed as to what this is and what’s going on. Read on…
- [New Hampshire Top Labor Law Violations](https://helpdesksuites.com/2018/02/08/new-hampshire-top-labor-law-violations/): Hey Compliance Warriors! We’re all looking to make sure that we’re in compliance, especially when beginning a new year. If you’re in New Hampshire here’s some top violations . Read on…
- [DOL Proposes Association Health Plan Regulation](https://helpdesksuites.com/2018/02/07/dol-proposes-association-health-plan-regulation/): Hey Compliance Warriors! Here’s some new information detailing the DOL’s proposed Association Heath Plan Regulation. Read on…
- [California Law Changes Affecting Employment Regulations](https://helpdesksuites.com/2018/02/06/california-law-changes-affecting-employment-regulations/): Hey Compliance Warriors! Due to some recent legislation in California some employment regulations have been affected. If you’re in California you’ll want to be up to date on these! Read on…
- [The DOL Reissues 17 Previously Withdrawn Opinion Letters](https://helpdesksuites.com/2018/02/05/the-dol-reissues-17-previously-withdrawn-opinion-letters/): Hey Compliance Warriors! The DOL has a recently decided to reissue the 2009 withdrawn opinion letters. They are used to provide clarity for employers on wage and hour laws. Read on for more information…
- [New York Paid Leave Laws Are Now In Effect](https://helpdesksuites.com/2018/02/02/new-york-paid-leave-laws-are-now-in-effect/): Hey Compliance Warriors! For those of you in New York the new guidelines for the paid leave laws have now taken effect. Here’s some information detailing what you need to “be audit secure.” Read on…
- [Update: Form 1095-C Furnishing Deadline Extended](https://helpdesksuites.com/2018/02/01/update-form-1095-c-furnishing-deadline-extended/): Hey Compliance Warriors! It’s rare to want to thank the IRS but they have extended an important deadline for employers to furnish the 1095-C for to their employees. For more information read on…
- [Miami Beach's Recent Effort For Mandatory Minimum Wage Denied.](https://helpdesksuites.com/2018/01/31/maimi-beachs-recent-effort-mandatory-minimum-wage-denied/): Hey Compliance Warriors! Florida appellate court has recently denied the movement to initiate a mandatory minimum wage. Read on…
- [Convincing New I-9 Scam Causing Problems For Employers](https://helpdesksuites.com/2018/01/30/convincingnewi-9scamcausingproblemsforemployers/): Hey Compliance Warriors! There’s currently a new email scam targeting I-9 employers. You may want to beware of this because these emails can be coming from the USCIS and be very convincing. For more information, read on… Article via http://www.hrmorning.com/
- [Members Only: New Laws Concerning Labor and Employment Passed By The California Legislature](https://helpdesksuites.com/2018/01/29/members-new-laws-concerning-labor-employment-passed-california-legislature/)
- [Q & A On California Salary History Ban](https://helpdesksuites.com/2018/01/29/q-a-on-california-salary-history-ban/): Hey Compliance Warriors! Here’s an interesting Q & A on California’s salary history ban. Read on..
- [Pennsylvania Looking To Update Their Overtime Rules](https://helpdesksuites.com/2018/01/26/pennsylvania-looking-to-update-their-overtime-rules/): Hey Compliance Warriors! On January 17,2017 Tom Wolf, the governor of Pennsylvania, announced that they would be making an initiative to update their overtime rules. For more information on this read on…
- [New California Restrictions On Criminal History Inquiries For New Job Applicants](https://helpdesksuites.com/2018/01/25/new-california-restrictions-on-criminal-history-inquiries-for-new-job-applicants/): Hey Compliance Warriors! California has officially joined the “ban-the-box” train. Read on for the details…
- [Update On Employment Laws For Oklahoma, Missouri, and Kansas](https://helpdesksuites.com/2018/01/23/update-on-employment-laws-for-oklahoma-missouri-and-kansas/): Hey Compliance Warriors! Here’s an update on some key Employment laws for Oklahoma, Kansas and Missouri. Read on…
- ["Bright-Line" Interpretation Of Compensable Time](https://helpdesksuites.com/2018/01/22/bright-line-interpretation-of-compensable-time/): Hey Compliance Warriors! The blurred line of how much time under the FLSA of how much time an employer has to pay it’s employee’s for their breaks can be confusing to all of us. Here’s a bit of clarification. Read on…
- [Interns Sue Hearst Corporation and Lose](https://helpdesksuites.com/2018/01/18/interns-sue-hearst-corporation-lose/): Hey Compliance Warriors! Do you use interns in your organization? If so, this is an interesting article to make sure we’re doing it correctly…
- [The Do's and Don'ts Of Employee Incentive Programs](https://helpdesksuites.com/2018/01/17/dos-donts-employee-incentive-programs/): Hey Compliance Warriors! Does your organization have employee incentive programs? If so, may want to take a look at these tips on if we’re doing it right…
- [Why Having Positive Corporate Culture Is Vital](https://helpdesksuites.com/2018/01/16/positive-corporate-culture-vital/): Hey Compliance Warriors! Is your organization influencing “corporate culture?” Read on to see 6 factors on how we can be a positive influence…
- [Are Full Time Employees of Staffing Companies Exempt?](https://helpdesksuites.com/2018/01/15/full-time-employees-staffing-companies-exempt/): Hey Compliance Warriors! Here’s an answer to another interesting question. This came from a 6th circuit court case on whether full time employees of staffing companies are exempt from overtime. Read on…
- [How To Handle Tricky Questions in FMLA Intermittent Leave](https://helpdesksuites.com/2018/01/13/handle-tricky-questions-fmla-intermittent-leave/): Hey Compliance Warriors! It’s no secret that intermittent FMLA leave can be really troubling for employers. Not all scenarios are the same. Take a look at how to handle some of the most common scenarios. Read on…
- [Pay Equity Class Action Complaint Against Google Dismissed](https://helpdesksuites.com/2018/01/12/pay-equity-class-action-complaint-google-dismissed/): Hey Compliance Warriors! Pay equity class action complaints can be very ambiguous. Look at the results of this complaint against Google…
- [Internship Programs Under the Fair Labor Standards Act](https://helpdesksuites.com/2018/01/11/internship-programs-under-the-fair-labor-standards-act/): The Department of Labor recently updated their fact sheet addressing the test for classifying workers of “for-profit” organizations as interns. Over the last few years, this has been a very hot topic. Is the DOL easing up a bit? 
- [Exempt Employee Pay Minimums To Increase In 2018 In Various States](https://helpdesksuites.com/2018/01/11/exempt-employee-pay-minimums-increase-2018-various-states/): Hey Compliance Warriors! If you haven’t seen this may want to take note. Pay minimums will be going up for certain types of employees in 2018. Read on…
- [If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?](https://helpdesksuites.com/2018/01/10/employee-racks-fmla-and-unexcused-absences-can-terminated/): Hey Compliance Warriors! Here’s an interesting riddle: Can an employee can be terminated if they have too many FMLA and unexcused absences? Read on for the answer…
- [Temporary Furloughs May Trigger California WARN Act Notice Obligations](https://helpdesksuites.com/2018/01/09/temporary-furloughs-may-trigger-california-warn-act-notice-obligations/): Hey Compliance Warriors! A California Court of Appeals recently said temporary furloughs trigger notice obligations under the California Workers Adjustment and Retraining Notification Act (CA-WARN). Will this ruling apply to your California employees? Read on…
- [ALERTS AND UPDATES](https://helpdesksuites.com/2018/01/08/alerts-updates/): January 2021 DOL Issues Field Assistance Bulletin Regarding Electronic Posters December 2020 BREAKING NEWS: FFCRA WILL END ON DECEMBER 31st, 2020. EMPLOYERS MAY CHOOSE TO CONTINUE FFCRA LEAVE THROUGH MARCH 31st, 2021 FOR EMPLOYEES WHO HAVE NOT YET EXHAUSTED THEIR LEAVE. TAX CREDITS WILL APPLY. READ ARTICLE HERE Massachusetts Rolls Back Its COVID-19 Reopening Plan for Second Time in December Massachusetts Jackson Lewis PC To slow the spread of COVID-19 and to avoid overwhelming Massachusetts hospitals, Governor Charlie Baker ordered (No. 59) further limitations on… DOL’s final ERISA proxy voting rule largely changed to principles-based approach Morgan Lewis & Bockius LLP The […]
- [Walmart Will Be Allowing Employees To Have Early Pay](https://helpdesksuites.com/2018/01/08/walmart-will-allowing-employees-early-pay/): Hey Compliance Warriors! Walmart stores are currently working with two different technology start-ups to start allowing their workers to take their own salary early incase of emergency. Read on… Article via https://www.bloomberg.com
- [Members Only: 5 Tips to Consider When Hiring an Independent Contractor](https://helpdesksuites.com/2018/01/06/members-only-5-tips-to-consider-when-hiring-an-independent-contractor/): Until Next Time, Be Audit Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Development, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.  
- [After Investigation, Department Of Labor Making Chicago Restaurant Pay  $339,418 In Back Wages](https://helpdesksuites.com/2018/01/05/investigation-department-labor-making-chicago-restaurant-pay-339418-back-wages/): Hey Complaince Warriors! Check out this new release about the trouble a Chicago restaurant is in after a department of labor investigation. Read on to see how costly not being compliant can actually be… Article via https://www.dol.gov
- [8 Workplace Bully Personality Types](https://helpdesksuites.com/2018/01/04/8-workplace-bully-personality-types/): Hey Compliance Warriors! Workplace bullies can really kill the productivity in the company. Read on about these 8 personality types to look out for… Article via http://www.hrmorning.com
- [Compliance Deadline For Real ID Act Approaching Quickly](https://helpdesksuites.com/2018/01/03/compliance-deadline-real-id-act-approaching-quickly/): On January 22, 2018 phase 4 of the Real ID Act implemented in 2005 will take affect meaning states that haven’t been granted an extension will have to have an alternative form of acceptable identification for domestic air travel in order to board flights. Read on for more on this and see if it affects you…
- [Members Only: 5 Time Management Tips for Busy Employers](https://helpdesksuites.com/2018/01/02/members-only-5-time-management-tips-for-busy-employersoblemsforemployers-2/):     Until Next Time, Be Audit Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Development, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.  
- [New Year Brings New Employment Laws In New York](https://helpdesksuites.com/2017/12/30/new-year-brings-new-employment-laws-new-york/): Hey Compliance Warriors! Here’s an update on some new employment laws coming to New York starting December 31, 2017. Read on for the updates…
- [New York Paid Family Leave Law Starts January 1st, 2018](https://helpdesksuites.com/2017/12/29/new-york-paid-family-leave-law-starts-january-1st-2018/): Hey Compliance Warriors! Starting January 1st, 2018 the New York Paid Family Leave Law (NYPFL) will take effect. Employers will be able to take payroll deductions to fund this. Read on…
- [Mixed-Fleet Interstate Truck Drivers May Be Entitled to Overtime Pay](https://helpdesksuites.com/2017/12/28/mixed-fleet-interstate-truck-drivers-may-entitled-overtime-pay/): Hey Compliance Warriors! A new rule has come down from the fourth circuit courts stating that “mixed fleet” truck drivers may be owed overtime time pay. The term “mixed fleet” means all trucks under and over 10,000 pounds. These smaller vehicles weren’t previously receiving this pay. Read on for more information…
- [Last Minute Change In Paid Sick Leave Law In Seattle!](https://helpdesksuites.com/2017/12/27/last-minute-change-paid-sick-leave-law-seattle/): Hey Compliance Warriors! Paid sick leave in Seattle laws have changed. The changes will take effect on January 1st, 2018. Read on…
- [Minimum Wage Rates to Increase In Minnesota Starting January 1, 2018](https://helpdesksuites.com/2017/12/26/minimum-wage-rates-increase-minnesota-starting-january-1-2018/): Hey Compliance Warriors! The minimum wage rates in Minnesota are going up! If you’re in Minnesota you may want to take note of the change. Read on…
- [Members Only: 2018 Minimum Wage Rates](https://helpdesksuites.com/2017/12/22/members-2018-minimum-wage-rates/): Hey Compliance Warriors! As the new year approaches, we are all thinking about the new minimum wage rates and how our employees will be affected. Check out this article and chart of wage rates by state and see if you will need to make any adjustments!  Read on…
- [New North Carolina Law Concerning Worker Misclassification](https://helpdesksuites.com/2017/12/21/new-north-carolina-law-concerning-worker-misclassification/): Hey Compliance Warriors! North Carolina passed a law called Employee Fair Classification Act on August 11,2017. This will take effect on December 31, 2017. It’s allowing Employees to more easily prosecute employers that are misclassifying their workers as independent contractors. Although this is being passed in NC, this is still really good information for all those wondering if their workers are considered employees or independent contractors. Also check out one of our latest Small Business Spoonful Podcasts link at the end of this article for more on this topic. Read on…
- [Members Only: IRS Begins Enforcing Employer Mandate](https://helpdesksuites.com/2017/12/20/members-irs-begins-enforcing-employer-mandate/)
- [A Holiday Pay Q&A](https://helpdesksuites.com/2017/12/20/holiday-pay-qa/): Hey Compliance Warriors! Here’s a great Q&A concerning holiday pay that may answer some important questions…
- [Paid Sick Leave Hours To Increase In Santa Monica Starting 2018](https://helpdesksuites.com/2017/12/19/paid-sick-leave-hours-increase-santa-monica-starting-2018/): Article via https://www.disabilityleavelaw.com
- [Members Only: Arizona Publishes Final Sick Leave Rules](https://helpdesksuites.com/2017/12/19/memebers-arizona-publishes-final-sick-leave-rules/): Hey Compliance Warriors! The Industrial Commission of Arizona has published the “final rules” for the Fair Wages and Healthy Families Act. Read on to see what this all entails…
- [Members Only: Employment Law Blogs Curated for You - December 2017](https://helpdesksuites.com/2017/12/18/members-only-employment-law-blogs-curated-december-2017/): Hey  Compliance Warriors! Here is a new feature of BeAuditSecure.com for HelpDesk Members Only. Each week, we will search out a variety of interesting and helpful employment law posts made by the top attorney firms in the nation and collect them into one spot just for you! Watch your email because we will be alerting you to specific changes in the law as they occur.  Read on… 1 New California Labor And Employment Laws For 2018 The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. United States Holland & Knight Linda Auerbach […]
- [Holiday Parties: What's Fun And What's Considered Fiasco](https://helpdesksuites.com/2017/12/18/holiday-parties-whats-fun-whats-considered-fiasco/): Hey Complaince Warriors! As the end of the year approaches we’re all looking forward to our holiday parties where we can kick back and have a good time with our co-workers. As employers though we want to make sure we don’t let things get out of hand. Here’s some helpful information to make sure we stay above board. Read on…
- [Breaking News: Spokane City Council Approves "Ban-The-Box" Ordinance For Private Sector Employers](https://helpdesksuites.com/2017/12/15/breaking-news-spokane-city-council-approves-ban-box-ordinance-private-sector-employers/): Hey Compliance Warriors! Breaking news coming out of Spokane City approving the “Ban-The-Box” ordinance. Meaning job applicants will no long be required to disclose former criminal history until after an interview. Read on for more on this… Article via https://www.disabilityleavelaw.com “Mayor David Condon has until December 14, 2017 to sign or veto the ordinance. If passed, Spokane employers will have until July 2018 to comply with the new ordinance, although the City will not enforce it until 2019. Coverage The ordinance applies to all private employers in the Spokane city limits, but does not apply to the following: to any employer hiring […]
- [Members Only: Questions About Job Applicants' Salary History Are Now Off-Limits In New York City](https://helpdesksuites.com/2017/12/15/questions-job-applicants-salary-history-now-limits-new-york-city/): Hey Compliance Warriors! On October 31, 2017, New York City Local Law No. 67 which is concerning human rights was changed not allowing future employers to ask questions regarding the interviewee’s salary history. For more information on the logistics of this read on…
- [HR Teams: Planning For 2018!](https://helpdesksuites.com/2017/12/14/hrteamsplanningfor2018/): Hey Compliance Warriors!   Planning for the new year can be a daunting task. But, it can also be a time for fresh ideas to engage and motivate your employees. This article will help you with both! Enjoy….
- [Senate Approves Tax Bill Concerning Paid Leave and Sexual Harassment Settlement Nondisclosures](https://helpdesksuites.com/2017/12/13/senateapprovestaxbillconcerningpaidleaveandsexualharassmentsettlementnondisclosures/): Hey Compliance Warriors! Here’s some new information on a tax bill approved by the senate concerning paid leave and sexual harassment settlement nondisclosures. Read on…
- [Webinar: New York State's Paid Family Leave Laws](https://helpdesksuites.com/2017/12/13/webinar-new-york-states-paid-family-leave-laws/): Hey Compliance Warriors! New York State’s Paid Family Leave Laws are causing quite a stir. Here is information on a FREE webinar you will not want to miss if you have employees in NY!   Read on…
- [DOL Proposes New Tip Sharing Restrictions](https://helpdesksuites.com/2017/12/12/dolproposesnewtipsharingrestrictions/): Hey Compliance Warriors! DOL is doing it again! Check out the new proposed tip sharing guidelines.  Read on…
- [SNL Tackles Sexual Harassment with "Claire" from HR](https://helpdesksuites.com/2017/11/12/snl-tackles-sexual-harassment-with-claire-from-hr/): Hey Compliance Warriors! No doubt you have heard about all of the sexual harassment, misconduct, and assault charges discussed in the news recently. It’s very sad and disgusting that we have to actually discuss whether certain actions of this nature are right or wrong. I’ll cut to the chase: They are WRONG! As HR professionals, we are tasked with educating our workforce about these issues so that the lines are clearly drawn. But, sometimes we just have to wonder why people don’t seem to understand the most basic elements of acceptable v. unacceptable behaviors. SNL tackled the topic on Saturday night’s […]
- [Breaking News: California Restricts Employer’s Ability to Make Decisions Based on Criminal History](https://helpdesksuites.com/2017/11/07/breaking-news-california-restricts-employers-ability-to-make-decisions-based-on-criminal-history/): Hey Compliance Warriors! We all know California employment law is a constant challenge. Here is an update on an employer’s ability to hire or not based on criminal history.  Read on…
- [Breaking News: DOL Appeals Obama Overtime Rule](https://helpdesksuites.com/2017/11/01/breaking-news-dol-appeals-obama-overtime-rule/): Hey Compliance Warriors! Just when we thought we knew what is going on with the Obama Overtime Rule, they change the game on us and reopen the appeals process. This argument is not in play because the DOL wants the Obama Rule to stand as is. However, the DOL is defending the August 2017 ruling that the salary level in the Overtime Rule exceeded the Department’s authority, and concluded that the Final Rule is invalid. On October 30, 2017, the Department of Justice, on behalf of the Department of Labor, filed a notice to appeal this decision to the U.S. Court […]
- [HelpDesk Tool-Kits - HR Tool-Kit COBRA Updates -October 2017](https://helpdesksuites.com/2017/10/23/helpdesk-tool-kits-hr-tool-kit-cobra-updates-october-2017/): We have recently made several updates to our HelpDesk Tool-Kits. Specifically, we have added HR updates regarding COBRA laws. Read on…
- [Breaking News: New York City Council Expands Paid Sick Time to Include Safe Time](https://helpdesksuites.com/2017/10/20/breaking-news-new-york-city-council-expands-paid-sick-time-to-include-safe-time/): Hey Compliance Warriors! October is Cancer Awareness Month. Such an important cause and we should all be paying attention. October is also Domestic Violence Awareness Month.  Some of you know that this is a topic very close to my heart. I survived a 12-year marriage where  violence was inflicted weekly – sometimes daily. So, when I see governments making provisions for the assistance of victims and survivors of abuse, my heart swells. The NYC Council has made a move that will greatly benefit men, women, and children who suffer – often in silence. Remember, about 20-30 percent of our population has been […]
- [HelpDesk Tool-Kits - Payroll Tool-Kit Updates -October 2017](https://helpdesksuites.com/2017/10/17/helpdesk-tool-kits-payroll-tool-kit-updates-october-2017/): We have recently made several updates to our HelpDesk Tool-Kits. Specifically, we have added payroll updates regarding sick leave laws. But, that’s not all!  Read on…
- [Auto Dealership Service Advisers: Exempt or Not?!](https://helpdesksuites.com/2017/10/16/auto-dealership-service-advisers-exempt-or-not/): Hey Compliance Warriors! On September 28, 2017, the U.S. Supreme Court agreed to hear a case in regarding the FLSA’s overtime exemption covering “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles.” The case is Encino Motorcars v. Navarro, No. 16-1362.  Read on…
- [Predictive or Fair Scheduling Laws: Explanation](https://helpdesksuites.com/2017/10/13/predictive-or-fair-scheduling-laws-explanation/): Hey Compliance Warriors! Predictive or fair scheduling laws have become the norm on the West Coast in cities like Emeryville, California; San Francisco, California; San Jose, California; Seattle, Washington; and the whole state of Oregon. New York City has also adopted fair scheduling requirements. In this podcast, Littler attorney Deidra A. Nguyen provides a 12-minute overview of these laws and how they impact your organization. Listen to the podcast and then read Deidra’s in-depth Insight where she provides additional specific information with regard to how these laws are impacting your workplace.
- [Can an Employer Discipline an Employee for "Kneeling" During the National Anthem?](https://helpdesksuites.com/2017/10/11/can-an-employer-discipline-an-employee-for-kneeling-during-the-national-anthem/): Hey Compliance Warriors! Are your employees political? Do they support “kneeling” or other similar activities and you – the employer do – not? Is “kneeling” a protected activity at work? All of these questions are very unclear to most people in the United States these days. This article is a very detailed explanation of all the issues we need to consider before disciplining a worker for this sort of protest. Read on…
- [Breaking News: USCIS Issues DACA Update](https://helpdesksuites.com/2017/09/20/breaking-news-uscis-issues-daca-update/): Hey Compliance Warriors! Today, USCIS issued updated guidance regarding DACA.This will affect many workers – employers across the nation, effective immediately!  Read on…
- [HelpDesk Tool-Kits - HR Tool-Kit Updates -September 2017](https://helpdesksuites.com/2017/09/17/helpdesk-tool-kits-hr-tool-kit-updates-september-2017/): We have recently made several updates to our HelpDesk Tool-Kits. Specifically, we have added a few more sample forms and documents to the HR  Tool-Kit and the HIPAA compliance section has undergone a major overhaul after a few months of work. But, that’s not all – We have slightly modified the color!  Read on…
- [Clarifying Oregon's Newest Employment Law Developments](https://helpdesksuites.com/2017/09/14/clarifying-oregons-newest-employment-law-developments/): Over the last few years, Oregon employers have been faced with the task of keeping up with not just a few changing labor laws. Maintaining the latest information and ensuring compliance with these new state, local, and federal laws is an ongoing and very serious responsibility for employers and HR/Payroll professionals. Here is a little help to clarify Oregon’s newest employment law developments.
- [Are You Getting the Most Out of Your Employee Handbook?](https://helpdesksuites.com/2017/09/13/are-you-getting-the-most-out-of-your-employee-handbook/): Protect your company against issues related to errors with your employee handbook.  Here are five questions you should ask to make sure you’re getting the most protection from your employee handbook.
- [Hey California Employers! Are you all caught up on recent changes to employment law?](https://helpdesksuites.com/2017/09/12/hey-california-employers-are-you-all-caught-up-on-recent-changes-to-employment-law/): California employers are faced with the task of keeping up with some of the most complicated labor laws in the U.S. Most years, summer brings a whole new round of labor laws and regulations. This year is no exception.  Maintaining the latest information and ensuring compliance with these new state, local, and federal laws is an ongoing and very serious responsibility for employers and HR/Payroll professionals. Here is a little help to keep you straight.
- [Dealerships: Are you classifying Dealer-Trade Correctly?](https://helpdesksuites.com/2018/10/26/dealerships-are-you-classifying-dealer-trade-correctly/): Hey Compliance Warriors! This day and age with the “Gig economy” we live in, classification can be tricky sometimes. Here’s a situation where car dealerships could be susceptible  to misclassification. Read on…
- [Sexual Harassment is Discrimination and is Illegal in NYC](https://helpdesksuites.com/2018/10/25/118265/): Hey Compliance Warriors! If your in NYC here’s all the guidelines of the “Stop Sexual Harassment Act.”  Read on…
- [Mandatory Paid Sick Leave in New Jersey](https://helpdesksuites.com/2018/10/24/mandatory-paid-sick-leave-in-new-jersey/): Hey Compliance Warriors! New Jersey employers are getting closer to having to provide mandatory paid sick leave. Read on…
- [Is Obesity defined under the Anti-Discrimination Law?](https://helpdesksuites.com/2018/10/23/is-obesity-defined-under-the-anti-discrimination-law/): Hey Compliance Warriors! Washington supreme court has weighed in on whether obesity constitutes an impairment under Anti-Discrimination Law. Read on for the details…
- [Delaware Employee Sexual Harassment Training](https://helpdesksuites.com/2018/10/22/delaware-employee-sexual-harassment-training/): Hey Compliance Warriors! Sexual harassment training is definitely important for employees in the workplace. In fact Delaware believes in its importance so much that they’ve enacted a law requiring it. Read on…
- [Halting Sexual Harassment: 7 Rules of the Road - Fun Video](https://helpdesksuites.com/2018/10/18/halting-sexual-harassment-7-rules-of-the-road-fun-video/): Learn the “7 Rules of the Road” for halting sexual harassment in the workplace, presented by attorneys Jennifer Gefsky and Ian Carleton Schaefer: Rule #1: Don’t Be Creepy Rule #2: Minimize Touching Rule #3: It’s Not About You – It’s About Me Rule #4: No Dreams and Definitely No Beds Rule #5: One Free Compliment Rule #6: Keep Your Clothes On Rule #7: Apply the Rules Equally This video was prepared as part of Halting Harassment: Rules of the Road for a Respectful and Inclusive Workplace, an interactive e-learning solution to newly enacted mandatory training requirements created by law firm Epstein Becker Green. […]
- [Ruling on Employee Not Returning Severance Pay If Suing Company](https://helpdesksuites.com/2018/10/18/ruling-on-employee-not-returning-severance-pay-if-suing-company/): Hey Compliance Warriors! The Sixth Circuit has made a decision on if employees who decide to sue a company for wrongful termination have to return the severance pay they may have received and the answer is simply no. Read on for the details on this…
- [Pennsylvania's Take On Proposed Amendments To The Commonwealth's White Collar Exemption Regulations](https://helpdesksuites.com/2018/10/17/pennsylvanias-take-on-proposed-amendments-to-the-commonwealths-white-collar-exemption-regulations/): Hey Compliance Warriors! The Pennsylvania IRRC has made comments about these proposed regulation. Read on…
- [What's New with the HelpDesk Deluxe Suite of Compliance Tool-Kits?](https://helpdesksuites.com/2018/10/16/whats-new-with-the-helpdesk-deluxe-suite-of-compliance-tool-kits/): Hey Compliance Warriors! We have been working like crazy this year and have recently added some cool new features and content to our Helpdesk DELUXE Suite of Compliance Tool-Kits. Check out the new additions below and let us know what you think and what else we can do to put HELP on your DESK! My Favorite Pages. Our site is growing in content every day. This poses a problem for users who find the information they need but forget later where it lives. In response to this concern, we have added a new feature called “My Favorite Pages”. Now you can save […]
- [California Law Update For September](https://helpdesksuites.com/2018/10/16/california-law-update-for-september/): Hey Compliance Warriors! For those in California here’s the newest laws for September. Read on…
- [Earned Safe and Sick Time Rules Amended in NYC](https://helpdesksuites.com/2018/10/15/earned-safe-and-sick-time-rules-amended-in-nyc/): Hey Compliance Warriors! The Earned Safe and Sick Time Act rules have been amended as of September 20th, 2018. Read on for all the details…
- [ACA Penalties](https://helpdesksuites.com/2018/10/12/aca-penalties/): Hey Compliance Warriors! The next wave of ACA (Affordable Care Act) penalties are coming. Read on for all the details…
- [California Meal and Rest Break Laws Under Hazmat Drivers](https://helpdesksuites.com/2018/10/11/california-meal-and-rest-break-laws-under-hazmat-drivers/): Hey Compliance Warriors! Here’s the guidelines from the DOT set out for workers who transport hazardous materials in California. Read on…
- ["Fair Workweek" Being Considered In Philadelphia](https://helpdesksuites.com/2018/10/10/fair-workweek-being-considered-in-philadelphia/): Hey Compliance Warriors! The city of Philadelphia is considering a Fair Workweek ordinance that could affect 130,000 people. Read on for the details on this…
- [DOL Overtime Rule Listening Sessions: Update](https://helpdesksuites.com/2018/10/09/overtime-rule-listening-sessions-2/): Until Next Time, Be Audit-Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com  
- [Can Individuals Be Held Personally Liable For Wage and Hour Violations?](https://helpdesksuites.com/2018/10/09/can-individuals-be-held-personally-liable-for-wage-and-hour-violations/): Hey Compliance Warriors! California Court of appeals has answered this question. Check out the case in the article below. Read on…
- [Under New IRS Guidance, Meals Continue To Be A Deduction](https://helpdesksuites.com/2018/10/08/under-new-irs-guidance-meals-continue-to-be-a-deduction/): Hey Compliance Warriors! Here’s some great guidance from the IRS clarifying meal deductions on your taxes when pertaining to business. Read on…
- [Sexual Harassment Protections and Required Training in Delaware](https://helpdesksuites.com/2018/10/04/sexual-harassment-protections-and-required-training-in-delaware/): Hey Compliance Warriors! Delaware Governor signed into law on August 29th, 2018 a bill that prohibits and defines sexual harassment.  The bill also provides requirements for employee training on sexual harassment. Read on…
- [2019 Minimum Wage Increase for Federal Contractors](https://helpdesksuites.com/2018/10/03/2019-minimum-wage-increase-for-federal-contractors/): Hey Compliance Warriors! The DOL announced that beginning January 1st, 2019 the minimum wage will go up for federal contractors. Read on…
- [Domestic Worker Ordinance Signed into Law in Seattle](https://helpdesksuites.com/2018/10/02/domestic-worker-ordinance-signed-into-law-in-seattle/): Hey Compliance Warriors! The Domestic Worker Ordinance was signed into law by Seattle Mayor Jenny Durkan on July 27th, 2018 and will take effect July 1st, 2019. Read on for the details on this ordinance…
- [FLSA Employer-Friendly Opinion Letters](https://helpdesksuites.com/2018/10/01/flsa-employer-friendly-opinion-letters/): Hey Compliance Warriors! The DOL has put out four new opinion letters that may be of to help certain employers. Read on…
- [Recording Conversations At Work Q & A](https://helpdesksuites.com/2018/09/28/recording-conversations-at-work-q-a/): Hey Compliance Warriors! This is an interesting question. You may be surprised by the answer. Read on…
- [Court Case Regarding Not Hiring Person Who Uses Medical Marijuana](https://helpdesksuites.com/2018/09/27/court-case-regarding-not-hiring-person-who-uses-medical-marijuana/): Hey Compliance Warriors! This day and age discrimination comes in all forms. This Case sheds some light on refusal to hire someone  who uses medical marijuana. Read on..
- [California Governor to Sign Bills Regarding Sexual Harassment and Other](https://helpdesksuites.com/2018/09/26/california-governor-to-sign-bills-regarding-sexual-harassment-and-other/): Hey Compliance Warriors! The California is Awaiting 12+ bills to be signed by the deadline of September 30th related to Sexual Harassment. Read on for the details on these bills…
- [Michigan: Paid Sick and Safe Leave; Raises Minimum Wage](https://helpdesksuites.com/2018/09/25/michigan-paid-sick-and-safe-leave-raises-minimum-wage/): Hey Compliance Warriors! Michigan is the latest state to adopt new paid sick and safe leave laws. They’re also going to be raising the minimum wage over the next couple years. Read on for all the details…
- [DOL Opinion Letter for 2018 Addresses No-Fault Attendance Policies](https://helpdesksuites.com/2018/09/24/dol-opinion-letter-for-2018-addresses-no-fault-attendance-policies/): Hey Compliance Warriors! Here’s an interesting article addressing “no-fault attendance control policies.” Read on…
- [September 2018 California Employment Law Notes](https://helpdesksuites.com/2018/09/15/september-2018-california-employment-law-notes/): By Tony Oncidi on September 12, 2018 Posted in California Labor & Employment Law, Employment Law Notes We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employer Must Obtain Written Authorization To Conduct Background Check Some Of California’s “Sanctuary State” Employer Obligations Are Struck Down No-Employment Provision In Settlement Agreement Is An Unenforceable Restraint  Court Affirms $500,000 Jury Award To Employee Who Stutters Member Of Tribe Could Proceed With Whistleblower Suit  Professional Golf Caddies May Be Required To Wear Bibs Containing Advertisements Employee May Recover For Breach Of Contract, But Not For […]
- [New York State DOL Releases a Draft of a New Sexual Harassment Prevention Policy](https://helpdesksuites.com/2018/09/14/new-york-state-dol-releases-a-draft-of-a-new-sexual-harassment-prevention-policy/): Hey Compliance Warriors! The New York State DOL is trying to put out some great materials to help companies bring their sexual harassment policies up to speed. Read on for the details…
- [California Legislation Trying to Sign Bills into Law Helping to Address #MeToo](https://helpdesksuites.com/2018/09/13/california-legislation-trying-to-sign-bills-into-law-helping-to-address-metoo/): Hey Compliance Warriors! We’ve all heard of the #MeToo movement by now. It’s a great movement that has really made some strides in the last year. California Legislation is looking to help even more with new proposing new bills. Read on…
- [Does An Employee Have to Give Back Severance Pay Before Suing?](https://helpdesksuites.com/2018/09/12/does-an-employee-have-to-give-back-severance-pay-before-suing/): Hey Compliance Warriors! Here’s an interesting Question: If an employee signs a a severance agreement and gets the severance pay but, then turns around and decides to sue the company saying they were coercing into signing the agreement, do they have to give back the severance pay they received? Read on….
- [DOL Wants Your Comments - TODAY!](https://helpdesksuites.com/2018/09/11/dol-wants-your-comments-today/): The Department seeks public input on questions such as: What is the appropriate salary level (or range of salary levels) above which the overtime exemptions for bona fide executive, administrative, or professional employees may apply? Why? What benefits and costs to employees and employers might accompany an increased salary level? How would an increased salary level affect real wages (e.g., increasing overtime pay for employees whose current salaries are below a new level but above the current threshold)? Could an increased salary level reduce litigation costs by reducing the number of employees whose exemption status is unclear? Could this additional certainty […]
- [Wage and Hour Division Wants to Hear From You!](https://helpdesksuites.com/2018/09/11/wage-and-hour-division-wants-to-hear-from-you/): Hey Compliance Warriors! The WHD is trying to gather information for what their final rule on salary level exemptions, that got put on hold, should be. We’ll be attending one of these seminars below in Denver this week. Read on…
- [U.S. Department of Labor Announces New Office of Compliance Initiatives to Expand Compliance Outreach](https://helpdesksuites.com/2018/09/11/u-s-department-of-labor-announces-new-office-of-compliance-initiatives-to-expand-compliance-outreach/): Hey Compliance Warriors! U.S. Secretary of Labor Alexander Acosta announced the U.S. Department of Labor’s new Office of Compliance Initiatives (OCI) during a speech today at the Voluntary Protection Programs Participants’ Association’s 2018 Safety+ National Symposium. Coordinated by the Office of the Assistant Secretary for Policy, this cross-agency effort complements the Department’s enforcement activities by strengthening and innovating compliance assistance outreach. Part of this initiative is the launch of worker.gov and employer.gov, two websites with resources to assess compliance with the law. Until Next Time, Be Audit-Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content […]
- [California Housekeepers Fact Sheet By CAL/OSHA](https://helpdesksuites.com/2018/09/10/california-house-keepers-fact-sheet-by-cal-osha/): Hey Compliance Warriors! Cal/OSHA has published a fact sheet poster regarding their new requirement to create a Hotel Housekeeping Musculoskeletal Injury Program. Read on for the details!
- [Hawaii to Ban Salary History Inquiries](https://helpdesksuites.com/2018/09/06/hawaii-to-ban-salary-history-inquiries/): Hey Compliance Warriors! Many states have already hopped aboard the inquiry about salary history ban. Hawaii will now be joining as well. Read on for all the details on this…
- [Added Protection For Nursing Mother in the Workplace in Illinois](https://helpdesksuites.com/2018/08/31/added-protection-for-nursing-mother-in-the-workplace-in-illinois/): Hey Compliance Warriors! The Governor of Illinois has made some changes the Mothers in the Workplace Act that came into effect in 2001. Read on for the details….
- [Anti-Sexual Harassment Model Policy for New York](https://helpdesksuites.com/2018/08/30/anti-sexual-harassment-model-policy-for-new-york/): Hey Compliance Warriors! New York is making it easier to develop an anti-sexual harassment policy by providing a model for it. Here’s all the details on what that entails. Read on…
- [Unpaid Wage Claim Case in Colorado](https://helpdesksuites.com/2018/08/22/unpaid-wage-claim-case-in-colorado/): Hey Compliance Warriors! Unpaid wage claim lawsuits can be costly. Take a look at the ruling on this case in Colorado. Read on…
- [De Minimis Exemption Under FLSA](https://helpdesksuites.com/2018/08/21/deminimis-exemption-under-flsa/): Hey Compliance Warriors! Here’s a Starbucks case that sheds some clarification on De Minimis exemption. Read on…
- [Final Paycheck Error Leads to Large Fees](https://helpdesksuites.com/2018/08/20/final-paycheck-error-leads-to-large-fees/): Hey Compliance Warriors! For employers, when issuing final paychecks to terminated employees you want to double and triple check it’s the correct amount. Here is why. Read on…
- [California Supreme Court Cracking Down on Time Keeping Practices](https://helpdesksuites.com/2018/08/17/california-supreme-court-cracking-down-on-time-keeping-practices/): Hey Compliance Warriors! If your in California you may want to take a look at this case regarding time keeping. Read on…
- [Exempt Employee Salary Threshold State by State Breakdown](https://helpdesksuites.com/2018/08/15/exempt-employee-salary-threshold-state-by-state-breakdown/): Hey Compliance Warriors! The exempt employee salary threshold has risen across the United States. Here’s a state by state break down will information on this. Read on…
- [Biometric Time-Clock Q & A](https://helpdesksuites.com/2018/08/14/biometric-time-clock-q-a/): Hey Compliance Warriors! Are you still using punch card time clocks in your business? Have you though about switching to biometric time-clocks. Here’s some great information about how they work.
- [Saving Costs On Business Processes](https://helpdesksuites.com/2018/08/09/saving-costs-on-business-processes/): Hey Compliance Warriors! Business is always rapidly moving and can get out of hand if not handled efficiently. Here’s some great tips on how to save costs while managing your business. Read on…
- [Tips For Improving Job Posts](https://helpdesksuites.com/2018/08/08/tips-for-improving-job-posts/): Hey Compliance Warriors! Are you having trouble finding the right job applicant based on your job posts? Here’s some tips. Read on..
- [Gaining Weight at Work?](https://helpdesksuites.com/2018/08/07/gaining-weight-at-work/): Hey Compliance Warriors! Are you having trouble with weight gain at work? Well you’re not alone. Here’s great information on how why this is happening and how you can curb it. Read on…
- [Would a 4-Day Work Week Business Model Be Beneficial?](https://helpdesksuites.com/2018/08/06/would-a-4-day-work-week-business-model-be-beneficial/): Hey Compliance Warriors! Some companies have found that they can be more successful under this 4-Day work week business model. Read on to see what some of the benefits are…
- [Classifying Under California's New Independent Contractor Test](https://helpdesksuites.com/2018/08/05/classifying-under-californias-new-independent-contractor-test/): Hey Compliance Warriors! California is helping to clear up the blurred lines of who is an independent contractor and who is not. Read on…
- [How are Athletes and HR professionals Similar?](https://helpdesksuites.com/2018/08/03/how-are-athletes-and-hr-professionals-similar/): Hey Compliance Warriors! From the surface HR professionals may seem totally different from a professional athlete. However, here’s an interesting article that show how they can actually relate in more ways than you’d think. Read on…
- [Employee or Applicant "Ghosting"](https://helpdesksuites.com/2018/08/02/employee-or-applicant-ghosting/): Hey Compliance Warriors! The term “Ghosting” has become more and more prevalent in the dating world. However did you know that the same term can be used in the employment world? Read on to find out exactly what this term means…
- [Big Win to "Gig Economy" Business in NY](https://helpdesksuites.com/2018/07/31/big-win-to-gig-economy-business-in-ny/): Hey Compliance Warriors! Post-mates have recently benefited from being in the “gig economy” after a courier doing work for them was terminated. The courier was trying to apply for unemployment and was denied because the person was deemed an independent contractor and not eligible for these benefits. Read on for details as to why and how this is possible…
- [What is the Regular Rate Under "Grand Bargain" legislation in Massachusetts?](https://helpdesksuites.com/2018/07/30/what-is-the-regular-rate-under-grand-bargain-legislation-in-massachusetts/): Hey Compliance Warriors! With all the changes to minimum wages in Massachusetts  there comes a slight complication with the overtime pay. Take a look at this article for the details on this…
- [Possible Enforcement of Law Affecting Fast Food Employers in NYC](https://helpdesksuites.com/2018/07/27/possible-enforcement-of-law-affecting-fast-food-employers-in-nyc/): Hey Compliance Warriors! New York City may start enforcing its law requiring fast food employers to facilitate payroll deductions to fund contributions to certain not-for-profit organizations. Read on for all the details on this…
- [Top Ten FMLA Mistakes that Employers Make](https://helpdesksuites.com/2018/07/26/top-ten-fmla-mistakes-that-employers-make/): Hey Compliance Warriors! Here are 10 common mistakes to avoid with FMLA to remain compliant. Read on…
- [Rounding Rules Reaffirmed and Extended by California](https://helpdesksuites.com/2018/07/25/rounding-rules-reaffirmed-and-extended-by-california/): Hey Compliance Warriors! Rounding the time-clock can be a a sticky situation. Here’s how California feels on these rules. Read on…
- [Should "Gig" Workers Be Eligible for Benefits?](https://helpdesksuites.com/2018/07/13/should-gig-workers-be-eligible-for-benefits/): Hey Compliance Warriors! We all hear about this “gig” economy we live in today. It certainly has it’s benefits for employers but would it be continue to be beneficial if employers had to offer the “gig” workers benefits? Take a look at this article for some information.
- [How To Handle 401(K) Accounts From Terminated Or Retired Employees](https://helpdesksuites.com/2018/07/12/how-to-handle-401k-accounts-from-terminated-or-retired-employees/): Hey Compliance Warriors! Orphaned 401(K) accounts may not be something we think about. Here’s some great information on how to handed these accounts to make your business even more efficient. Read on…
- [Hourly Minimum Wage For Tipped Employees In DC Set to Increase](https://helpdesksuites.com/2018/07/11/hourly-minimum-wage-for-tipped-employees-in-dc-set-to-increase/): Hey Compliance Warriors! Tipped employees are set to get a big pay raise over the next 8 years. On June 19, 2018 Initiative Number 77 was approved. Read on for all the details…
- [DOL Announces Final Rule Regarding Association Health Plans](https://helpdesksuites.com/2018/07/10/dol-announces-final-rule-regarding-association-health-plans/): Hey Compliance Warriors! On June 19, 2018 the DoL released the final rule regarding association health plans regulations. All the information is below. Read on…
- [Minimum Wage Bill Passed in Massachusetts](https://helpdesksuites.com/2018/07/09/minimum-wage-bill-passed-in-massachusetts/): Hey Compliance Warriors! Minimum wage is going to be gradually going up in Massachusetts along with some other changes! Look at this article for all the details on the “grand bargain” bill.
- [New Labor Laws by State Coming Into Effect](https://helpdesksuites.com/2018/06/26/new-labor-laws-by-state-coming-into-effect/): Hey Compliance Warriors! Apparently July is the new January! Here’s a by state breakdown of new labor laws coming into effect soon. Read on…
- [Supreme Court In Nevada Defines Health Insurance For Minimum Wage Law](https://helpdesksuites.com/2018/06/25/supreme-court-in-nevada-defines-health-insurance-for-minimum-wage-law/): Hey Compliance Warriors! Here’s some clarification on health benefit requirements for minimum wage workers. Read on…
- [FMLA Mistakes](https://helpdesksuites.com/2018/06/22/fmla-mistakes/): Hey Compliance Warriors! Here’s some great information on common FMLA mistakes companies make. Read on..
- [Georgia Court Of Appeals Rules On "Continuous Employment" Cases](https://helpdesksuites.com/2018/06/21/gerogia-court-of-appeals-rules-on-continuous-employment-cases/): Hey Compliance Warriors! Here’s a couple interesting court cases on “continuous employment.” This shows where exactly they stand on the matter and could clarify it for other states as well. Read on…
- ["Personal Events" Accommodation Requirement For New York Employers](https://helpdesksuites.com/2018/06/20/personal-events-accommodation-requirement-for-new-york-employers/): Hey Compliance Warriors! A new requirement on accommodating employee’s for “personal events” is going to effect in New York soon! Read on for the details…
- [Highlights From Missouri's 2018 Legislative Session](https://helpdesksuites.com/2018/06/19/highlights-from-missouris-2018-legislative-session/): Hey Compliance Warriors! Here’s some information on some of the bills passed recently in Missouri. Read on…
- [Equal Pay Act for New Jersey](https://helpdesksuites.com/2018/06/18/equal-pay-act-for-new-jersey/): Hey Compliance Warriors! Here’s another update on equal pay. Starting July 1st 2018 a big change is coming for New Jersey. Read on for the details…
- [More Paid Sick Leave in Minnesota](https://helpdesksuites.com/2018/06/15/more-paid-sick-leave-in-minnesota/): Hey Compliance Warriors! Duluth, MN is the latest city to join the paid sick leave train in Minnesota. Read on for all the details..
- [Revised Employee Benefit Plan For 2018](https://helpdesksuites.com/2018/06/14/revised-employee-benefit-plan-for-2018/): Hey Compliance Warriors! The IRS has put out their revised employee benefit plan for 2018. You’ll be able to see the changes from 2017 in the charts below. Read on…
- [New Holiday In California?](https://helpdesksuites.com/2018/06/13/new-holiday-in-california/): Hey Compliance Warriors! We all certainly love time off from work or school! Well look at this new bill that’s been proposed in California. Read on…
- [Clarification on San Francisco Sick Leave](https://helpdesksuites.com/2018/06/12/clarification-on-san-fransisco-sick-leave/): Hey Compliance Warriors! On June 7th San Francisco’s new sick leave rules took effect. Here’s all the details on what’s changed…
- [The Facts about Termination Pay Penalties](https://helpdesksuites.com/2018/06/11/the-facts-about-termination-pay-penalties/): Hey Compliance Warriors! Termination pay penalties can be somewhat of a thorn in the side for companies. Here’s some great information regarding this…
- [Employee Lawsuits: How To Protect Your Company](https://helpdesksuites.com/2018/06/08/employee-lawsuits-how-to-protect-your-company/): Hey Compliance Warriors! You never want to find yourself in a situation where an employee is trying to sue your company. Here’s some good information on how you can protect yourself…
- [What To Do When There Is An Accident At The Workplace](https://helpdesksuites.com/2018/06/07/what-to-do-when-there-is-an-accident-at-the-workplace/): Hey Compliance Warriors! From time to time accidents occur within the workplace where someone may be hurt. Here’s some good information on what action can be take after something happens. Read on…
- [7 Tips for staying Organized](https://helpdesksuites.com/2018/06/06/7-tips-for-staying-organized/): Hey Compliance Warriors! In a business setting keeping yourself organized is key to success. Here’s some tips to help with that. Read on…
- [Pros and Cons of Using The Cloud in HR](https://helpdesksuites.com/2018/06/05/pros-and-cons-of-using-the-cloud-in-hr/): Hey Compliance Warriors! Storing information in the cloud is very prevelant this day and age. There are always pros and cons that come along with these tools though. Take look at this article to see how it can help or hinder us in our industry. Read on…
- [How Do Electronic Payment Systems Work?](https://helpdesksuites.com/2018/06/04/how-do-electronic-payment-systems-work/): Hey Compliance Warriors! Convenience is one of the biggest benefits in this digital era we live in. Take a look at this article that explains all you need to know about electronic payment systems. Read on…
- [Where Are We With Employee Engagement?](https://helpdesksuites.com/2018/05/17/where-are-we-with-employee-engagement/): Hey Compliance Warriors! Good news, employee engagement is at an all time high! It took a dip in 2016 but, numbers are showing an upswing for 2017. Read on…
- [Myths About Career Advancement](https://helpdesksuites.com/2018/05/16/myths-about-career-advancement/): Hey Compliance Warriors! Career advancement and opportunities at first glance may seem like something everyone is looking for. Take a look at this article to see some myths pertaining to career advancement. Read on..
- [Court Of Appeals In Pennsylvania Helps The "Gig Economy"](https://helpdesksuites.com/2018/05/15/court-of-appeals-in-pennsylvania-helps-the-gig-economy/): Hey Compliance Warriors! You may remember hearing about this case from last year about a man who lost his unemployment benefits because he started driving for Uber. Well that decision has changed. Read on…
- [New Jersey Paid Sick And Safe Leave Bill To Be Signed](https://helpdesksuites.com/2018/05/14/new-jersey-paid-sick-and-safe-leave-bill-to-be-signed/): Hey Compliance Warriors! Looks like New Jersey is the latest state to join the mandatory paid sick and safe leave train. Read on for the details…
- [Sexual Harassment Law Might Be Changing In Minnesota?](https://helpdesksuites.com/2018/05/11/sexual-harassment-law-might-be-changing-in-minnesota/): Hey Compliance Warriors! Minnesota Legislature has proposed a big change to their sexual harassment laws. Read on…
- [How Should We Handle An Employee Showing Signs of Cognitive Decline?](https://helpdesksuites.com/2018/05/10/how-should-we-handle-an-employee-showing-signs-of-cognitive-decline/): Hey Compliance Warriors! Cognitive Decline may be a rare problem and probably not something we think of a whole lot. Here’s a great Q and A on this subject and how to handle it.
- [Are Health Savings Accounts Effective?](https://helpdesksuites.com/2018/05/07/are-health-savings-accounts-effective/): Hey Compliance Warriors! Health savings accounts can be tricky subject to see if it’s really going to be a cost saving plan for employer to offers this benefit. Here’s some good research about how they can be managed and their effectivness. Read on…
- [Pregnancy Leave Requirements In New Hampshire](https://helpdesksuites.com/2018/05/04/pregnancy-leave-requirements-in-new-hampshire/): Hey Compliance Warriors! For those in New Hampshire here’s some great information on clarifying the pregnancy leave requirements for employees. Read on…
- [Developments In Laws For Wage and Hour](https://helpdesksuites.com/2018/05/03/developments-in-laws-for-wage-and-hour/): Hey Compliance Warriors! Here’s a good quarterly summary of wage and hour developments. Read on…
- [Is There Such Thing As A Good Audit?](https://helpdesksuites.com/2018/05/01/is-there-such-thing-as-a-good-audit/): Hey Compliance Warriors! We all know it tax season and there’s always a chance for a dreaded audit. However there can be a good audit. How so? It’s called and internal audit. Read on to see some tips on conducting internal audits from the FLSA.
- [Movement On Gender Pay Gap](https://helpdesksuites.com/2018/04/30/movement-on-gender-pay-gap/): Hey Compliance Warriors! The gender pay gap is continuing to close in on equality. Though there’s still a ways to go there’s been improvement. Read on…
- [Colorado Supreme Court Sets Limit For Unpaid Wage Claims](https://helpdesksuites.com/2018/04/27/colorado-supreme-court-sets-limit-for-unpaid-wage-claims/): Hey Compliance Warriors! Unpaid wage claims can be haunting to employers. In Colorado, the Supreme Court has set a limit for how far back employee can try to file wage claims. Read on…
- [Supreme Court Rules On Overtime Case On The Side Of Employer](https://helpdesksuites.com/2018/04/26/supreme-court-rules-on-overtime-case-on-the-side-of-employer/): Hey Compliance Warriors! For employers a wage and hour lawsuit can be a nightmare. This supreme court case signals that there may be a pro-employer shift. Read on…
- [Tip Pooling: New Guidelines For Employers](https://helpdesksuites.com/2018/04/25/tip-pooling-new-guidelines-for-employers/): Hey Compliance Warriors! The FLSA has issued new tip pooling guidelines for employers to follow. Check out the article below to see what the old rules were compared to the new rules. Read on…
- [Supreme Court: Service Advisors Are Exempt From Federal Overtime Laws Under The FLSA](https://helpdesksuites.com/2018/04/24/supreme-court-service-advisors-are-exempt-from-federal-overtime-laws-under-the-flsa/): Hey Compliance Warriors! If you’re in the Auto sales and service industry you may want to take a look at this ruling by the supreme court. Read on…
- [DOL Helps Employees Of Houlihan's Restaurants To Receive Back Wages](https://helpdesksuites.com/2018/04/23/dol-helps-employees-of-houlihans-restaurants-to-receive-back-wages/): Hey Compliance Warriors! The DOL has established a hotline to help former employees Houlihan’s Restaurant chain in NY and NJ to recover their back wages owed. Read on…
- [Ohio Roofing Company In Trouble With The DOL](https://helpdesksuites.com/2018/04/20/ohio-roofing-company-in-trouble-with-the-dol/): Hey Compliance Warriors! The DOL has found that an Ohio roofing company is exposing their employees to dangerous situations situation without any safety equipment. Read on for more details…
- [Federal Judge Rules A Case Pertaining To Wage Violations](https://helpdesksuites.com/2018/04/19/federal-judge-rules-a-case-pertaining-to-wage-violations/): Hey Compliance Warriors! Federal judge orders the owner of a California drywall company to cooperate with a DOL probe of alleged wage violations. Read on for the details…
- [DOL Issues Assistance On Filing FECA Claims](https://helpdesksuites.com/2018/04/18/dol-issues-assistance-on-filing-feca-claims/): Hey Compliance Warriors! The DOL has launched a Webpage to assist those filing FECA claims in connection with 9/11 injuries. Read on for more details on this…
- [New Wage And Hours Opinion Letters](https://helpdesksuites.com/2018/04/17/new-wage-and-hours-opinion-letters/): Hey Compliance Warriors! The DOL has issued some new opinion letters. Check out the press release below to see what these new letters are pertaining to…
- [Is HR Making You Fat? Part 3](https://helpdesksuites.com/2018/04/16/is-hr-making-you-fat-part-3/): Ok. I know you’re pretty fed up (no pun) with my delaying in telling you what my Dr. discovered after reviewing the lab-work I told you about in Part Two. The HR Fat Dragon has been uncovered! My Name is Lisa and I am a Carb-o-Holic! We have all heard and read the low-carb diet plans. The Atkins diet is one of the most famous or infamous depending on your point of view. But, what’s the truth about low-carb and why does it work for so many people? Would it work for me, I wondered? After researching the science of low-carb eating habits, I […]
- [Is HR Making You Fat? Part 2](https://helpdesksuites.com/2018/04/13/is-hr-making-you-fat-part-2/): Ok – Let’s talk turkey. In Part One, I promised you I would talk about my struggle to find the secret to taming the HR Fat Dragon. I believe I have found it, but the final results are not in yet. So, let me start by telling you what I have tried on my way. Diets So, I have read a thousand different diet ideas and really they all make sense. Have you had this problem? I believe if it makes sense it must work. I guess that’s how the diet gurus make their money. Take it from a veteran dieter, just […]
- [Is HR Making You Fat?](https://helpdesksuites.com/2018/04/12/is-hr-making-you-fat/): HR Made Me FAT!  On this point I will not negotiate. I was a lovely young maiden back in the day. I married, had two children and managed to keep my girlish figure. Then one day I moved into a position requiring me to perform many human resources related duties. Boom! I started to gain weight and lost that girlish figure. Oh yeah, I also had my third and final child. The baby girl. 🙂 HR or Baby Weight? I get it. I can see how you might be drawn in by the fact I had another baby during this time. But, […]
- [DOL Issues New Guidance on the Payment of FLSA Subminimum Wages](https://helpdesksuites.com/2019/03/18/dol-issues-new-guidance-on-the-payment-of-flsa-subminimum-wages/): Hey Compliance Warriors! The U.S. Department of Labor’s Wage and Hour Division (WHD) recently published three documents providing guidance on the payment of subminimum wages under section 14(c) of the Fair Labor Standards Act (FLSA).  The first two are related to the impact of Rehabilitation Act section 511 and third provides general guidance on the administration of section 14(c). Read on… The first is Field Assistance Bulletin (FAB) No. 2019-1 concerning the definition of subminimum wages under section 511 and WHD’s enforcement of the limitations on the payment of those wages under section 14(c). The second is a revised Fact Sheet #39H: The Workforce […]
- [DOL Issues New Update on Tipped Employees and "Dual Jobs"](https://helpdesksuites.com/2019/03/15/dol-issues-new-update-on-tipped-employees-and-dual-jobs/): Hey Compliance Warriors! A recent change to Field Operations Handbook (FOH) 30d00(f) contains the Wage and Hour Division’s (WHD) interpretation concerning whether tipped employees are working “dual jobs.”  Read on… TIPPED EMPLOYEES: Specifically, Field Assistance Bulletin (FAB) No. 2019-2 explains that, consistent with WHD Opinion Letter FLSA2018-27 (Nov. 8, 2018), WHD will no longer prohibit an employer from taking a tip credit based on the amount of time an employee spends performing duties related to a tip-producing occupation that are performed contemporaneously with direct customer-service duties or for a reasonable time immediately before or after performing such direct-service duties.  WHD has updated FOH 30d00(f) accordingly. Employers remain prohibited […]
- [DOL Issues New Opinion Letters](https://helpdesksuites.com/2019/03/14/dol-issues-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor’s Wage and Hour Division (WHD) announced today that it has issued three new opinion letters. This release demonstrates the agency’s continued commitment to providing meaningful compliance assistance to help employees understand their rights and ensure that employers have the information they need to comply with federal labor laws. Read on… One letter released today addresses the following compliance issues under the Family and Medical Leave Act (FMLA):   The obligation to designate FMLA-qualifying leave and prohibition on expanding FMLA leave   Two letters released today address the following compliance issues under the Fair Labor Standards Act (FLSA): […]
- [SBS 214: Traits of Great Managers](https://helpdesksuites.com/2019/03/13/traits-of-great-managers/): Hey Compliance Warriors! Today we call back to an earlier episodes and breakdown traits of what makes a great manager! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [DOL Issues New Proposed Rule for Overtime Exemptions](https://helpdesksuites.com/2019/03/11/new-proposed-rule-overtime/): Hey Compliance Warriors! So, we have the new overtime rule in our site. What does it say and what does it mean? How does all of this compare to the 2016 Rule and what will we need to change compared to today’s rule? Read on to find out!
- [Michigan Court of Appeals Makes a Big Decision Regarding the Medical Marihuana Act](https://helpdesksuites.com/2019/03/08/michigan-court-of-appeals-makes-a-big-decision-regarding-the-medical-marihuana-act/): Hey Compliance Warriors! The Michigan Court of Appeals has stated that when an employer rescinds a conditional offer of employment based on a positive drug test it is not violating Section 4 of the “MMMA.” Read on for the details on this….
- [BREAKING NEWS: U.S. DEPARTMENT OF LABOR RELEASES OVERTIME UPDATE PROPOSAL](https://helpdesksuites.com/2019/03/07/proposed-overtime-rule-published/): Hey Compliance Warriors! It’s what we have all been waiting for! The DOL has released the NPRM for the new Overtime Rule. Read on…
- [Illinois Makes Recent Changes to Human Rights Act](https://helpdesksuites.com/2019/03/07/illinois-makes-recent-changes-to-human-rights-act/): Hey Compliance Warriors! There have been a number of changes to the Human Rights Act in Illinois. Here’s a breakdown of what’s happening. Read on…
- [Guidance on Hair Discrimination in New York City](https://helpdesksuites.com/2019/03/06/guidance-on-hair-discrimination-in-new-york-city/): Hey Compliance Warriors! The Commission of Human rights in NYC has released some information banning discrimination when it comes to a person’s hair. Read on….
- [SBS 213: Does a POA for an Uncle qualify as FMLA?](https://helpdesksuites.com/2019/03/06/does-a-poa-for-an-uncle-qualify-as-fmla/): Hey Compliance Warriors! Today we discuss another listener question: Does a POA for an Uncle qualify as FMLA? Listen in as we talk about how to handle a situation like this. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [New Mexico is Looking to Prohibit Local Right-to-Work](https://helpdesksuites.com/2019/03/05/new-mexico-is-looking-to-prohibit-local-right-to-work/): Hey Compliance Warriors! New Mexico is trying to take matters into their own hands when it comes the to right-to-work ordinance. Read on for the details…
- [Should Employer Preserve Employee Cell Phone Data](https://helpdesksuites.com/2019/03/04/should-employer-preserve-employee-cell-phone-data/): Hey Compliance Warriors! As we know a lot of employers provide their employees with a “work phone” or more commonly these days,  pay part of their personal phone bill to be able to use their phone for work. That begs the question though… What are your responsibilities as the employer in keeping data records. Here’s some great information regarding this. Read on…
- [HelpDesk Deluxe Suite Members Have a Newly Updated Mobile App!](https://helpdesksuites.com/2019/03/01/protections-for-transgender-non-binary-gender-non-conforming-workers-expanded-in-new-york-2/): Hey Compliance Warriors! We have updated our DELUXE SUITE members  iOS and Android Mobile App and added some super cool features. If you are in California, you are really going to appreciate the blended overtime calculators that also allow for non-discretionary bonus calculations too! Yep, we are using the new calculation formula now required in CA. Google Play: https://play.google.com/store/apps/details?id=com.companyname.HelpDesk App Store: https://itunes.apple.com/us/app/helpdesksuites/id1444755967?mt=8 Check it out! Until Next Time, Be Audit-Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more in her […]
- [Protections for Transgender, Non-Binary, Gender Non-Conforming Workers Expanded in New York](https://helpdesksuites.com/2019/03/01/protections-for-transgender-non-binary-gender-non-conforming-workers-expanded-in-new-york/): Hey Compliance Warriors! As of February 25, 2019, New York State has enacted the Gender Expression Non-Discrimination Act (GENDA). Also changes to the New York City Human Rights Law (NYCHRL) is going to expand the horizon of prohibited discriminatory conduct. Here’s all the details of what this will entail. Read on…
- [Legislature in California to be Addressed This Year](https://helpdesksuites.com/2019/02/28/legislature-in-california-to-be-addressed-this-year/): Hey Compliance Warriors! There is a lot of legislature that is to be addressed in California this year. Here’s a breakdown of what’s coming. Read on…
- [SBS 212: Reasonable Accommodation: Hearing Aid vs. Standing Desk](https://helpdesksuites.com/2019/02/27/reasonable-accommodation-hearing-aid-vs-standing-desk/): Hey Compliance Warriors! Today we take a listener question on Reasonable accommodation in the workplace and what is “Reasonable” and what is not. Click HERE to Download “7 Tips for a Successful Interactive Process!“ Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [Courts Reject NYC's Payroll Deduction Law Challenge From Fast Food Companies](https://helpdesksuites.com/2019/02/26/courts-reject-nycs-payroll-deduction-law/): Hey Compliance Warriors! A New York City Federal Judge has rejected a challenge from fast food companies that were wanting to forward voluntary deductions from employee paychecks to nonprofit organizations. Read on for more details on this… 
- [2019 Cases That Are Pending With The California Supreme Court](https://helpdesksuites.com/2019/02/25/2019-cases-that-are-pending-with-the-california-supreme-court/): Hey Compliance Warriors! Here’s a breakdown of cases in California that are currently pending. Read on…
- [DOL Retracts 80/20 Rule On Tipped Employees](https://helpdesksuites.com/2019/02/21/dol-retracts-80-20-rule-on-tipped-employees/): Hey Compliance Warriors! Back in November the Department of Labor released an opinion letter easing up on restrictions for tipped employees when it comes to the 80/20 rule. Read on for all the details on this…
- [Keeping a Great Zero Tolerance Harassment Policy in the #Metoo Era](https://helpdesksuites.com/2019/02/20/keeping-a-great-zero-tolerance-harassment-in-the-metoo-era/): Hey Compliance Warriors! In this day and age when I comes to harassment in the workplace have a great policy is key. Here’s some information on how to help you develop these policies. Read on….
- [SBS 211: Defining Workplace Bullying](https://helpdesksuites.com/2019/02/20/sbs-211-defining-workplace-bullying/): Hey Compliance Warriors! Today we talk about the differences between harassment and bullying in the workplace, how to identify it, and most of all what you can do about it. You can CLICK HERE to go Download the FREE E-Book talked about in this episode. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [Protective Comprehensive Data Privacy Act in Washington State](https://helpdesksuites.com/2019/02/18/protective-comprehensive-data-privacy-act-in-washington-state/): Hey Compliance Warriors! Washington state is considering adding to the Comprehensive Data Privacy Act to protect personal information as well. Read on for the details on this…
- [Guidance On How to Conduct Criminal Background Checks Properly](https://helpdesksuites.com/2019/02/15/guidance-on-how-to-conduct-criminal-background-checks-properly/): Hey Compliance Warriors! This is always a topic that can get tricky. If you don’t conduct a criminal background check properly it could cause major problems for your organization. Read on…
- [New Jersey Minimum Wage Increase Signed Into Law](https://helpdesksuites.com/2019/02/14/new-jersey-minimum-wage-increase-singed-into-law/): Hey Compliance Warriors! Starting July 1st 2019 New Jersey will have new minimum wage laws that will gradually start to take effect over the next few years. Read on for the breakdown on how it will all go down…
- [Marijuana Laws and Drug Testing Policies](https://helpdesksuites.com/2019/02/13/marijuana-laws-and-drug-testing-policies/): Hey Compliance Warriors! With medical Marijuana being widely used to treat different medical conditions this day and age, there’s no doubt that employers will run into this at the workplace. So here’s some great information on how to maintain a safe healthy, and legal workplace. Read on…
- [SBS 210: Successful Leadership in the Workplace](https://helpdesksuites.com/2019/02/13/sbs-210-successful-leadership-in-the-workplace/): Hey Compliance Warriors! Today we interview Sarah Bohner a General Manager of a restaurant. She shares her experience in being the head over at least 30 employees and how she is successful in dealing with what can be a stressful environment. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [Supreme Court's on Arbitrations Agreements](https://helpdesksuites.com/2019/02/12/supreme-courts-on-arbitrations-agreements/): Hey Compliance Warriors! Here’s some guidance on mandating arbitration for solving employment disputes from the Supreme Court. Read on…
- [Is Physician's Pay Data a Secret?](https://helpdesksuites.com/2019/02/11/is-physician-pay-data-a-secret/): Hey Compliance Warriors! Some hospitals think that it’s okay to keep their physicians pay data a secret. However, a Florida federal court came down with a different decision. Read on…
- [Prior Independent Contractor Standards Reinstated by NLRB](https://helpdesksuites.com/2019/02/08/prior-independent-contractor-standards-reinstated-by-nlrb/): Hey Compliance Warriors! The NLRB (National Labor and Relations Board) has returned to its prior standard for independent contractors. Here’s the details on this. Read on…
- [Illinois Bans Salary History](https://helpdesksuites.com/2019/02/07/illinois-bans-salary-history/): Hey Compliance Warriors! Illinois is among the latest wave of states to ban salary history. Here’s some great information on this  and what it entails. Read on…
- [Coming Soon: Michigan’s Paid Medical Leave Act](https://helpdesksuites.com/2019/02/06/coming-soon-michigans-paid-medical-leave-act/): Hey Compliance Warriors! Michigan has a new paid medical leave act and its going to be here before we know it. So if you’re in Michigan you need to be prepared. Here’s some good information to help with that. Read on…
- [SBS 209: Sexual Harassment in the Workplace](https://helpdesksuites.com/2019/02/06/sbs-209-sexual-harassment-in-the-workplace/): Today we breakdown Sexual Harassment in the Workplace. We talk about what it is, how we can prevent, and also steps to take to make sure employees are trained properly. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [Flight Attendants in CA Get Huge Settlement](https://helpdesksuites.com/2019/02/05/flight-attendants-in-ca-get-huge-settlement/): Hey Compliance Warriors! Flight attendants win a big case against and airline paying out $77 million in damages. Read on…
- [7th Circuit's Decision On Age Bias Theory](https://helpdesksuites.com/2019/02/04/7th-circuits-decision-on-age-bias-theory/): Hey Compliance Warriors! The 7th circuit ruled in favor of the employer on this particular case of age bias. Read on for the details…
- [Fair Workweek in Philadelphia](https://helpdesksuites.com/2019/02/01/fair-workweek-in-philadelphia/): Hey Compliance Warriors! Philadelphia has enacted “Fair Workweek Standards.” Read on for the details on this…
- [Connecticut Prohibits Salary Inquiries](https://helpdesksuites.com/2019/01/31/connecticut-prohibits-salary-inquiries/): Hey Compliance Warriors! Salary inquiries have been a hot topic recently. As of January 1st Connecticut was the latest state to take a stance of prohibiting this. Read on…
- [$21.5 Million Awarded to Employee Due To Employer Ignoring Employee's Religious Beliefs](https://helpdesksuites.com/2019/01/30/21-5-million-awarded-to-employee-due-to-employer-ignoring-employees-religious-beliefs/): Hey Compliance Warriors! Here’s an important one company had to learn the hard way when it comes to an employee and their religious beliefs. Read on…
- [SBS 208: Records Retention Questions - What goes in the Personnel File?](https://helpdesksuites.com/2019/01/30/sbs-208-records-retention-questions-what-goes-in-the-personnel-file/): Hey Compliance Warriors! Today on Small Business Spoonfuls we discuss what goes into the employee personnel file. Click HERE to download the “8 Types of Employee Files” we talk about on the show. Until next time, Be Audit Secure!
- [Michigan LGBT Protections and Banning of Salary History](https://helpdesksuites.com/2019/01/29/michigan-lgbt-protections-and-banning-of-salary-history/): Hey Compliance Warriors! The new governor of Michigan Gretchen Whitmer is not wasting any time bringing new requirements in the employment field on executive branch state employees and some contractors and grant and loan recipients. Read on for the details on this…
- [Medical Marijuana Accommodations in the Workplace](https://helpdesksuites.com/2019/01/28/medical-marijuana-accommodations-in-the-workplace/): Hey Compliance Warriors! Are Medical Marijuana accommodations necessary at work? New Jersey weighs in on their decision. Read on… 
- [Religious Bias at Work: How to Navigate the Many Religious Requirements and Preferences](https://helpdesksuites.com/2019/01/28/religious-bias-at-work-how-to-navigate-the-many-religious-requirements-and-preferences/): Hey Compliance Warriors! Religious bias and accommodation is always in the news. But, how do you know the difference between your rights and their rights when you both have rights? Oh boy… 
- [Age Discrimination Via Social Media Job Targeting Q&A](https://helpdesksuites.com/2019/01/25/age-discrimination-via-social-media-job-targeting-qa/): Hey Compliance Warriors! Here’s and interesting question. Read on…
- [Transgender Discrimination in New York](https://helpdesksuites.com/2019/01/24/transgender-discrimination-in-new-york/): Hey Compliance Warriors! Here’s some information on a statute that went into effect January 15 regarding transgender discrimination in the workplace. Read on…
- [Verify Employment Records](https://helpdesksuites.com/2019/01/23/verify-employment-records/): Hey Compliance Warriors! Here’s some great information on the importance of verifying employment records. Read on…
- [SBS 207: How Do I Discuss Body Odor With A Difficult Employee?](https://helpdesksuites.com/2019/01/23/how-do-i-discuss-body-odor-with-a-difficult-employee/): Hey Compliance Warriors! We’re back again with a listener question! How Do I Discuss Body Odor With A Difficult Employee? This can be a tricky subject and you can’t just say “You Stink! Go home and shower!” Listen in as Lisa and Mason discuss this subject and how to handle it! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! [activecampaign form=1]
- [Are You Doing it Right? A Common FMLA Mistake](https://helpdesksuites.com/2019/01/22/are-you-doing-it-right-a-common-fmla-mistake/): Hey Compliance Warriors! Here’s some great information on a common FMLA mistake. Read on…
- [Minimum Wage Increase Proposed: $8.55 is on the Table](https://helpdesksuites.com/2019/01/22/minimum-wage-increase-855/): Hey Compliance Warriors! Democrats have plans to raise the federal minimum wage from $7.25 to $8.55 later this year, then walk it up to $15.00/hr by 2024. We hear chatter like this often, but what are the chances it will really happen this time and what other implications might this proposed Act have? Read on…
- [Supreme Court Decides Certain Types of Transport Companies Are Exempt From FAA](https://helpdesksuites.com/2019/01/21/supreme-court-decides-certain-types-of-transport-companies-are-exempt-from-faa/): Hey Compliance Warriors! The Supreme Court has decided that the FAA Section 1 exemption applies to transportation workers whether they are independent contractors or an employee. Read on for the details on this…
- [Importance of Good Job Descriptions](https://helpdesksuites.com/2019/01/18/importance-of-good-job-descriptions/): Hey Compliance Warriors! As Employers we want to make sure we use the employees that we hire to their fullest potential. That starts with good job descriptions. Here’s some great information on what mistakes not to make when assembling job descriptions. Read on…
- [Why Should You Be Compliant With COBRA?](https://helpdesksuites.com/2019/01/17/why-should-you-be-compliant-with-cobra/): Hey Compliance Warriors! COBRA can be difficult to navigate and can be hard on employers at times. However here are 12 reasons why we should be compliant with COBRA. Read on…
- [Mandatory Vacation Time For NYC Employees Proposed](https://helpdesksuites.com/2019/01/16/mandatory-vacation-time-for-nyc-employees-proposed/): If you’re in New York City you may want to take keep an eye on this. It could signal big changes for employees and employers. Read on…
- [E-VERIFY and the Government Shutdown](https://helpdesksuites.com/2019/01/16/e-verify-government-shutdown/): Hey Compliance Warriors! The government shutdown has many employers writing in and asking “What do we do about E-Verify?” Read on…
- [SBS: 206 What Goes in the W-2 Box 12?](https://helpdesksuites.com/2019/01/16/sbs-206-what-goes-in-the-w-2-box/): Hey Compliance Warriors! Today on the podcast we talk about how to navigate the sometimes confusing box 12 on the W2. Don”t forget to rate, review and subscribe! Enjoy and until next time, Be Audit Secure!
- [Government Shutdown's Affect on Businesses](https://helpdesksuites.com/2019/01/15/government-shutdowns-affect-on-businesses/): Hey Compliance Warriors! The government shutdown is having effects that are sweeping the nation. Here’s some information as to what’s currently happening. Read on…
- [BREAKING NEWS: USDOL Sends New Proposed Overtime Rule to the White House](https://helpdesksuites.com/2019/01/14/usdol-sends-new-proposed-overtime-rule-to-the-white-house/): Hey Compliance Warriors! On Friday, January 11th, the U.S. Department of Labor sent proposed changes to the white-collar exemptions (Overtime Rule) to the Office of Management and Budget! What does this mean? Read on…
- [Tips on Avoiding Discrimination Claims from Clients or Customers](https://helpdesksuites.com/2019/01/10/tips-on-avoiding-discrimination-claims-from-clients-or-customers/): Hey Compliance Warriors! Here’s some information on how we can avoid negative interactions with customers or clients to avoid a possible discrimination claims. Read on…
- [Pay Equity Law in Connecticut](https://helpdesksuites.com/2019/01/09/pay-equity-law-in-connecticut/): Hey Compliance Warriors! Starting in 2019 Connecticut’s pay equity law prohibits employers from asking about salary history. Read on for more on this….
- [SBS 205: Minimum Wage Update 2019](https://helpdesksuites.com/2019/01/09/sbs-205-minimum-wage-update-2019/): Hey Compliance Warriors! Today we talk the 2019 minimum wage updates sweeping the nation! Click here to download the minimum wage update chart we talk about on the show. Enjoy and until next time, Be Audit Secure!
- [Employee Reimbursement of Business Expenses in Illinois](https://helpdesksuites.com/2019/01/08/employee-reimbursement-on-business-expenses-in-illinois/): Hey Compliance Warriors! Effective January 1st, 2019 Illinois employers have new employee reimbursement responsibilities. Read on for the details on this…
- [New California Employment Law Changes For 2019](https://helpdesksuites.com/2019/01/07/new-california-employment-law-changes-for-2019/): Hey Compliance Warriors! If you’re in California here’s a round up of some changes effective in January. Read on…
- [State Specific Employment Relationship Laws in New Hampshire](https://helpdesksuites.com/2019/01/04/state-specific-employment-relationship-laws-in-new-hampshire/): Hey Compliance Warriors! If you’re located in New Hampshire here’s some great information regarding Employment Relationship Laws. Read on…
- [Leadership as a Service](https://helpdesksuites.com/2019/01/03/leadership-styles-can-make-or-break-a-compliance-program-2/): Hey Compliance Warriors! In the second part of our Leadership series, we are looking at Service Style Leadership. Read on…
- [SBS 204: Misunderstanding Leave Laws](https://helpdesksuites.com/2019/01/02/sbs-204-misunderstanding-leave-laws/): Today we talk some misunderstandings when it comes to leave laws. Don’t forget to Subscribe, Rate and Review! Visit HelpDeskSuites.com
- [Leadership Styles Can Make or Break a Compliance Program](https://helpdesksuites.com/2019/01/02/leadership-styles-can-make-or-break-a-compliance-program/): Hey Compliance Warriors! A big part of a solid compliance program is a solid leadership approach. We are beginning a new year and it’s time to review our leadership goals for 2019. Let’s look at what it takes to become a leader that people respect and consider to be “likable”. Not a pushover. But, a leader who inspires confidence and motivates employees to want to improve and achieve personal and company goals – Compliance Goals! Read on…
- [SBS 203: DOL Listening Sessions Update](https://helpdesksuites.com/2018/12/26/sbs-203-dol-listening-sessions-update/): Today we give an update to the DOL listening sessions we attended back in September. We discuss what the matter was and where they’re at with it now. Here is an extra video we mention in this episode: https://helpdesksuites.com/2018/10/09/overtime-rule-listening-sessions-2/ Don’t forget to Subscribe, Rate and Review! Visit HelpDeskSuites.com
- [Union Bargaining Over Safety Clothing Rule](https://helpdesksuites.com/2018/12/21/union-bargaining-over-safety-clothing-rule/): Hey Compliance Warriors! You may think requiring an employee to wear safety clothing is a something you’re doing to protect them. While this is good you want to make sure your bases are covered. Read on for the details…
- [Work Related Accidents](https://helpdesksuites.com/2018/12/20/work-related-accidents/): Hey Compliance Warriors! Here’s some interesting information as far as what can be considered a work related accident. Read on…
- [Gig Economy Classification Ruling in Oregon](https://helpdesksuites.com/2018/12/19/gig-economy-classification-ruling-in-oregon/): Hey Compliance Warriors! It was a bad week for the gig economy in Oregon. Read on for the details….
- [Holiday Parties and #METOO](https://helpdesksuites.com/2018/12/18/holiday-parties-and-metoo/): Hey Compliance Warriors! Holiday parties can be fun and a nice time to get your company together to enjoy social time. However, there can be some liabilities to look out for. Here’s some tips on how to protect yourself and your organization. Read on…
- [SBS 202: Meal Breaks in New York State](https://helpdesksuites.com/2018/12/18/sbs-episode-2-meal-breaks-in-new-york-state/): We take another user question regarding navigating New York state meal breaks on the podcast this week. Don’t forget to Subscribe, Rate and Review! Visit HelpDeskSuites.com
- [Michigan Paid Sick Leave Act and Minimum Wage UPDATE](https://helpdesksuites.com/2018/12/18/osha-between-general-contractor-and-subcontractor-employees-2/): Hey Compliance Warriors! Here is an update to the ever-changing Michigan Paid Sick Leave Law. Read on…
- [OSHA Between General Contractor and Subcontractor Employees](https://helpdesksuites.com/2018/12/17/osha-between-general-contractor-and-subcontractor-employees/): Hey Compliance Warriors! This is an interesting case to see where the 5th Circuit stands on a hazardous conditions and OSHA’s multi-employer policy. Read on…
- [Lactation Rooms and Written Policy Requirement for New York City Employers](https://helpdesksuites.com/2018/12/13/lactation-rooms-and-written-policy-requirement-for-new-york-city-employers/): Hey Compliance Warriors! If you’re in NYC there’s new a new requirement for breast feeding moms coming in March. Read on…
- [SBS 201: I-9 Question: General Contractor vs Subcontractor](https://helpdesksuites.com/2018/12/13/sbs-episode-1-i-9-general-contractor-vs-subcontractor/): In this weeks episode, we take a user question pertaining to a problem between a general contractor and a subcontractors employee. Don’t forget to Subscribe, Rate and Review on Apple Podcasts! Visit HelpDeskSuites.com Announcer: Small Business Spoonfuls is a weekly Q&A with Lisa Smith and Mason Merrell providing the answers to questions you have about running your small business.  This podcast is sponsored by HelpDeskSuites.com.  If you are a busy employer, we are your employment law compliance help desk.  Visit HelpDeskSuites.com to find out more and become a member.  Now, here’s your host, Lisa Smith and Mason Merrell. Lisa Smith (LS): […]
- [Michigan Employers and Occupational Safety and Health in the Workplace](https://helpdesksuites.com/2018/12/12/michigan-employers-and-occupational-safety-and-health-in-the-workplace/): Hey Compliance Warriors! Employers should always be looking to keep their workplace as safe as possible. Here’s some great reminders for Employers in Michigan. Read on…
- [Missouri's New Medical Marijuana Law](https://helpdesksuites.com/2018/12/11/missouris-new-medical-marijuana-law/): Hey Compliance Warriors! Missouri is going green and there are some things employers need to know about this new medical marijuana law. Read on…
- [Employee Safety Policy Q & A](https://helpdesksuites.com/2018/12/10/employee-safety-policy-q-a/): Hey Compliance Warriors! Question: Do employee safety policies require negotiation with a union?
- [Kentucky State Right to Work Law](https://helpdesksuites.com/2018/12/07/kentucky-state-right-to-work-law/): Hey Compliance Warriors! The Kentucky Supreme Court has dismissed the labor unions challenge to the States right-to-work-law. Here’s the details. Read on…
- [California Guidance On Compliance With California Fair Pay Act](https://helpdesksuites.com/2018/12/06/california-guidance-on-compliance-with-california-fair-pay-act/): Hey Compliance Warriors! California has always been ahead of the game when it comes to “closing the gap” of unequal pay. California has recently made some modifications to the CFPA. Read on to see what this entails…
- [Washington's Paid Family Medical Leave: Voluntary Plans](https://helpdesksuites.com/2018/12/04/washingtons-paid-family-medical-leave-voluntary-plans/): Hey Compliance Warriors! Washingtons new paid family medical leave goes into effect January 1st 2019. Here’s information you need to know about it. Read on…
- [Constructive Criticism in the Workplace](https://helpdesksuites.com/2018/12/03/constructive-criticism-in-the-workplace/): Hey Compliance Warriors! Constructive criticism in the workplace can be hard to navigate sometimes. Take a look at this information to see way we might be able to avoid a potential problem. Read on..
- [MeToo Movement in the Healthcare Industry](https://helpdesksuites.com/2018/11/30/metoo-movement-in-the-healthcare-industry/): Hey Compliance Warriors! The #Metoo movement is really important this day and age. As employers we want to make sure we are doing the right thing because we know we can’t control the actions of other people. Here’s some protective actions we can take. Read on…
- [New York Minimum Wages and Exempt Salaries in 2019](https://helpdesksuites.com/2018/11/29/new-york-minimum-wages-and-exempt-salaries-in-2019/): Hey Compliance Warriors! The New York minimum wage and exempt salaries are set to increase for 2019 starting 12/31/2018. Here is a breakdown of the changes. Read on…
- [Questions Patent Owners Should Always Be Able To Answer](https://helpdesksuites.com/2018/11/28/questions-patent-owners-should-always-be-able-to-answer/): Hey Compliance Warriors! If you’re a patent owner, here’s some questions to review to make sure you’re able to answer if their is ever a question about who owns your design. read on…
- [Post Employment Restrictions Court Case](https://helpdesksuites.com/2018/11/27/post-employment-restrictions-court-case/): Hey Compliance Warriors! Here’s a cautionary tale regarding enforcement of non-compete restrictions post employment. Read on…
- [Overview of Law Changes for California in 2019](https://helpdesksuites.com/2018/11/26/overview-of-law-changes-for-california-in-2019/): Hey Compliance Warriors! Looks like California employers will be busy in 2019 as they face quite a few law changes. Heres an overview of what’s coming. Read on…
- [Employee Reimbursement in Illinois](https://helpdesksuites.com/2018/11/20/employee-reimbursement-in-illinois/): Hey Compliance Warriors! Starting January 2, 2019 employers will be required to reimburse qualifying expenses. Read on for all the details on this…
- [Can Small Political Entities Be Liable by ADEA?](https://helpdesksuites.com/2018/11/19/can-small-political-entities-be-liable-by-adea/): Hey Compliance Warriors! Can small country offices make decisions based on age? Check out this article to see where the Supreme Court stands on this. Read on…
- [NYC Sick and Safe Time Act Ammened Rules](https://helpdesksuites.com/2018/11/16/nyc-sick-and-safe-time-act-ammened-rules/): Hey Compliance Warriors! There have been some amended rules under the NYC Safe and Sick Time Act. Read on for the details on this …
- [Lactation Accomodation Requirements in California](https://helpdesksuites.com/2018/11/15/lactation-accomodation-requirements-in-california/): Hey Compliance Warriors! California is tightening up on their requirements for lactation accomodation for nursing mothers. If applicable, is your facility setup to accommodate a nursing mother? Read on…
- [New York, Westchester County Paid Sick Leave Law Enacted](https://helpdesksuites.com/2018/11/14/new-york-westchester-county-paid-sick-leave-law-enacted/): Hey Compliance Warriors! Westchester County is the latest area to start providing employees that are eligible paid sick leave. Read on for the details…
- [How Earned Sick Time Will Affect Michigan Employers](https://helpdesksuites.com/2018/11/13/how-earned-sick-time-will-affect-michigan-employers/): Hey Compliance Warriors! Back in September Michigans Legislature Passed the Earned Sick Time Act which will take effect in April 2019. Here’s some details on that and how it well affect Michigan employers. Read on…
- [Mandatory Business Expense Reimbursement in Illinois](https://helpdesksuites.com/2018/11/09/mandatory-business-expense-reimbursement-in-illinois/): Hey Compliance Warriors! Starting January 1st, 2019 under the Illinois Wage Payment Collection Act employers will be required reimburse certain expenses. Read on..
- [OSHA's Fall Agenda](https://helpdesksuites.com/2018/11/08/oshas-fall-agenda/): Hey Compliance Warriors! Here’s some updates on what regulatory actions OSHA’s considering. Read on…
- [Impact on New York Employers From Paid Sick Leave Changes](https://helpdesksuites.com/2018/11/07/impact-on-new-york-employers-from-paid-sick-leave-changes/): Hey Compliance Warriors! Changes have been made with Paid Sick Leave that may require NYC Employers to review their policies. Read on for the details on these changes…
- [FAQ On Paid Sick and Safe Time in New Jersey](https://helpdesksuites.com/2018/11/06/faq-on-paid-sick-and-safe-time-in-new-jersey/): Hey Compliance Warriors! Last week the New Jersey put out an FAQ on their new paid sick and safe leave law. Here’s a quick break down of what all it includes. Read on…
- [Paid and Sick/Safe Time for Seasonal Employees](https://helpdesksuites.com/2018/11/05/paid-and-sick-safe-time-for-seasonal-employees/): Hey Compliance Warriors! We’re officially in the holiday season. Does your organization hire seasonal employees? Well if you do this article is for you! Managing Paid Sick and Safe leave time can be tricky with regular employees but with seasonal employees it can be even more tricky. Here’s some great tips on how to manage. Read on…
- [Mandatory IRA Program in Connecticut for Private Sector](https://helpdesksuites.com/2018/10/31/mandatory-ira-program-in-connecticut-for-private-sector/): Hey Compliance Warriors! Connecticut will start requiring a mandatory IRA program for private sector employees in January 2019. Read on for all the details on this…
- [Defining Reasonable Accomodations](https://helpdesksuites.com/2018/10/30/defining-reasonable-accomodations/): Hey Compliance Warriors! Here’s some great information on reasonable accommodation and how in some cases its not just for employees with disabilities. Read on…
- [Preparing for Oregon’s Equal Pay Law](https://helpdesksuites.com/2018/10/29/preparing-for-oregons-equal-pay-law/): Hey Compliance Warriors! If you’re in Oregon there’s a new equal pay law coming in January. Here’s six steps to help prepare your organization for it. Read on…
- [PA Supreme Court Rules In Favor of Pittsburg's Paid Sick Days Act](https://helpdesksuites.com/2019/08/27/pa-supreme-court-rules-in-favor-of-pittsburgs-paid-sick-days-act/): Hey Compliance Warriors! Here’s some great information for the now approved Paid Sick Days’s Act coming to Pittsburg. Read on…
- [Beware of Discriminatory Parental Leave Policies!](https://helpdesksuites.com/2019/08/26/beware-of-discriminatory-parental-leave-policies/): Hey Compliance Warriors! Parental leave policies may seem like a no brainer in some organizations. However, it’s important to read the fine print to make sure our policy isn’t leaving our company liable. Here’s a warning tale. Read on…
- [Fifth Circuit Finds Employer’s Investigative Report Shielded from Defamation Liability](https://helpdesksuites.com/2019/08/23/fifth-circuit-finds-employers-investigative-report-shielded-from-defamation-liability/): Earlier this month, the Fifth Circuit Court of Appeals affirmed the lower court’s summary judgment for the defense, holding, that an employer’s investigative report was shielded from defamation liability. In the case of Warren v. Fannie Mae, No. 18-11211 (Aug. 2, 2019), Stephanie Warren, challenged  the district  court’s  grant  of  summary judgment  on her defamation  claim against  Fannie  Mae  and its evidentiary decision to exclude a statement of another Fannie Mae employee. In 2013, Warren was one of four employees fired after an internal investigation concluded that she had violated the company’s  Code  of  Conduct  and  Conflicts  of  Interest  Policy by  […]
- [SBS 228: Incentive Pay - The Good and the Bad](https://helpdesksuites.com/2019/08/21/sbs-28-incentive-pay-the-good-and-the-bad/): Hey Compliance Warriors! Today we’re talking about how incentive pay can be really good in an organization but also how it can hinder if it is not well managed. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Today we’re talking about incentive pay and bonuses.   Mason: Yup. This is something we’re going to talk a counterpoint thing on what’s good about it and what can be bad about it.   Lisa: Yeah, absolutely. Because bonuses, have been shown to work, they can increase productivity and […]
- [Salary History Ban Coming To Illinois](https://helpdesksuites.com/2019/08/20/salary-history-ban-coming-to-illinois/): Hey Compliance Warriors! As of September 29, 2019 employers in Illinois will no longer be able ask for salary history. Here’s a breakdown of what this entails. Read on…
- [The Effect Parental Leave Can Have On Employee Engagement](https://helpdesksuites.com/2019/08/19/the-effect-parental-leave-can-have-on-employee-engagement/): Hey Compliance Warriors! As an employer, making sure that we have great employee engagement is key in any organization. It helps the working environment. More importantly, it also makes for successful businesses. Here’s some great information on how parental leave can affect that engagement. Read on…
- [California On-duty Meal Periods](https://helpdesksuites.com/2019/08/15/california-on-duty-meal-periods/): Hey Compliance Warriors! If you’re in California, here’s a great article breaking down the guidelines for on-duty meal periods. Read on…
- [Can an employee be terminated for going on vacation when taking leave under the Family and Medical Leave Act?](https://helpdesksuites.com/2019/08/15/can-an-employee-be-terminated-for-going-on-vacation-when-taking-leave-under-the-family-and-medical-leave-act/): Can an employee be terminated for going on vacation when taking leave under the Family and Medical Leave Act? Maybe not. Earlier this year, the Massachusetts Supreme Judicial Court found that an employee could not terminated for going on vacation when taking leave under the Family and Medical Leave Act.  In that case, the plaintiff, Richard DaPrato, former information technology manager for the Massachusetts Water Resources Authority (“MWRA”), took FMLA leave following a foot surgery. In January 2015, DePrato told his employer he would need surgery on his foot. DaPratro applied for FMLA leave and submitted a doctor’s note that he […]
- [SBS 27: Tips on Preventing Employee Termination From Becoming Workplace Violence](https://helpdesksuites.com/2019/08/14/125544/): Hey Compliance Warriors! Today we’re giving some tips on best practices when terminating someone to prevent confrontation. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription:     Lisa: Today we are talking about violence in the workplace.   Mason: You hear today that violence in the workplace is at all time high right now.   Lisa: Yeah. We see it in the news all the time, don’t we and it’s just so sad. And you think about where these shootings take place. Somebody was at work there. […]
- [Defining FMLA Misuse](https://helpdesksuites.com/2019/08/12/defining-fmla-misuse/): Hey Compliance Warriors! In this crazy world of HR classifying FMLA can be confusing at times.  Here’s an interesting court case where an employee was accused of FMLA fraud and terminated by the employer because he was at the beach during the leave. Read on to see how this pans out…
- [South Carolina Supreme Court Ruling On Common Law Marriage](https://helpdesksuites.com/2019/08/08/south-carolina-supreme-court-ruling-on-common-law-marriage/): Hey Compliance Warriors! As of July 24th, 2019 common law marriage was abolished in South Carolina. Here is some great information detailing this. Read on…
- [Dallas Paid Sick Leave Law Goes into Effect](https://helpdesksuites.com/2019/08/08/dallas-paid-sick-leave-law-goes-into-effect/): The Dallas Paid Sick Leave ordinance took effect August 1, 2019, requiring employers to provide workers with six to eight paid sick days a year, depending on employer size. Businesses in north Texas, however, filed a lawsuit two days before the effective date asking a federal judge to halt the new law. The law requires employers to provide paid sick leave to any employee who works in the City of Dallas for at least 80 hours in a single year. It does not matter where the business is located or how many employees the company has. Instead, any employee who works […]
- [SBS 226: Tips for Surviving a Bad Boss](https://helpdesksuites.com/2019/08/07/sbs-26-tips-for-surviving-a-bad-boss/): Hey Compliance Warriors! We’re back! This week on the show we’re talking 5 tips on surviving a bad boss. How to maintain a cool head, your confidence, and your position in the work place when dealing with a difficult person. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: We have come back from summer hiatus.   Mason: It’s been fun summer, but it’s time to get back to work, right?   Lisa: It really is. We have had a lot of fun this summer. We’ve been […]
- [New York Looking To Pass Liens Against Employers Law For Unpaid Wages](https://helpdesksuites.com/2019/08/06/new-york-looking-to-pass-liens-against-employers-law-for-unpaid-wages/): Hey Compliance Warriors! This could have big implications for companies and executives if it’s passed. Read on…
- [Breaking Down the Arbitration Section of Your Employee Handbook](https://helpdesksuites.com/2019/08/05/breaking-down-the-arbitration-section-of-your-employee-handbook/): Hey Compliance Warriors! Here’s some great information to help employers understand what this really means. Read on…
- [States Are Getting More Involved in the Business of Non-Competes](https://helpdesksuites.com/2019/08/02/states-are-getting-more-involved-in-the-business-of-non-competes/): This week, we discuss an example of a recent, and growing, trend where state governments are getting involved in how employers utilize non-compete agreements. Recently, Maine, New Hampshire, Rhode Island, and the state of Washington have passed regulations that restrict employers’ abilities use non-compete agreements. Most recently, on June 28, 2019, the state of Maine enacted a law that significantly limits Maine employer’s use of non-competition agreements. The law, titled The Act to Promote Keeping Workers in Maine will become effective September 18, 2019. In summary, the new Act provides the following: Employers cannot require employees to agree to non-competition agreements […]
- [5 Tips on Employee Reimbursements in CA](https://helpdesksuites.com/2019/08/01/5-tips-on-employee-reimbursements-in-ca/): Hey Compliance Warriors! Employee reimbursements  can be tricky to navigate sometimes. If you’re in CA, here are 5 things to think about to help you navigate this. Read on…
- [Chicago "Fair Workweek" Ordinance Breakdown](https://helpdesksuites.com/2019/07/30/chicago-fair-workweek-ordinance-breakdown/): Hey Compliance Warriors, Last week Chicago city counsel passed the fair workweek ordinance going into effect July 1, 2020. Here’s some information on what this is going to entail. read on…
- [PA Supreme Court Revives Paid Sick Law For Pittsburg](https://helpdesksuites.com/2019/07/29/pa-supreme-court-revives-paid-sick-law-for-pittsburg/): Hey Compliance Warriors! After four years the this law is considered valid in Pittsburg. Here’s the history on what has happened and a couple answers to questions employers may have. Read on…
- [Update: California Employment Law](https://helpdesksuites.com/2019/07/25/update-california-employment-law/): Hey Compliance Warriors! Here’s some updates on different things going on in California employment law. Read on…
- [New Jersey Medical Marijuana Law Changes](https://helpdesksuites.com/2019/07/24/new-jersey-medical-marijuana-law-changes/): Hey Compliance Warriors! The laws for medical marijuana in New Jersey have greatly expanded. Here’s a breakdown of what’s going on. Read on…
- [Texas Has a New Law on Unemployment Insurance and Gig Workers](https://helpdesksuites.com/2019/07/24/texas-has-a-new-law-on-unemployment-insurance-and-gig-workers/): According to some reports, in 2018, the US economy included up to 53 million “gig” workers.[1] Of those 53 million, the report estimates that 10.1 million were assigned as temporary workers by staffing firms, and 7.9 million were “human cloud workers,” which may be better described as workers utilizing online digital platforms to obtain business and provide services to third parties. The issue of whether these human cloud workers, utilizing online digital platforms, are employees or independent contractors has already been subject to much debate and litigation. In the growing gig economy, questions surrounding these issues can create uncertainty for both […]
- [Breaking News! DOL Releases New Opinion Letter](https://helpdesksuites.com/2019/07/23/breaking-news-dol-releases-new-opinion-letter/): Hey Compliance Warriors! The Department of Labor has released a new opinion letter regarding compliance issues related to the FLSA. Read on for the details…
- [Cases Involving Religious Institutions in 2019](https://helpdesksuites.com/2019/07/17/cases-involving-religious-institutions-in-2019/): Hey Compliance Warriors! Here’s some examples of different things that have gone on in different churches regarding employment law and more. Read on…
- [The CROWN Act](https://helpdesksuites.com/2019/07/17/the-crown-act/): Within the past three weeks, both California and New York have passed laws prohibiting employers from discriminating based upon hairstyle.  Governor Newsom signed California’s “CROWN Act” (Create a Respectful and Open Workplace for Natural Hair) on July 3, 2019, making California the first state to ban discrimination against natural hair, including afros, braids, twists, and locks.  The law amends the state’s Education and Government Codes to define “race or ethnicity” as “inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” It takes effect on January 1, 2020. Introduced by Sen. Holly Mitchell, the […]
- [Importance of Accurate Documents](https://helpdesksuites.com/2019/07/16/importance-of-accurate-documents/): Hey Compliance Warriors! Documentation is very important in any organization. Whats more important though is having accurate documentation. Here’s are three pitfalls you can avoid to help your organization keep great records! Read on..
- [Maine Is Now Requiring Time Off For Veterans Seeking Medical Attention](https://helpdesksuites.com/2019/07/15/maine-is-now-requiring-time-off-for-veterans-seeking-medical-attention/): Hey Compliance Warriors! This new law requiring employers to provide veterans time off seeking medical attention at VA facilities will go into effect this September. Here’s a short article detailing how this came about. Read on…
- [Appeals Court Finds Employer Can Revoke Reasonable Accommodation Under ADA Post-Merger](https://helpdesksuites.com/2019/07/14/appeals-court-finds-employer-can-revoke-reasonable-accommodation-under-ada-post-merger/):   This week, the Seventh Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin), ruled that Dallas based American Airlines could rescind a reasonable accommodation that included a “Work from Home Arrangement” for an employee with multiple sclerosis based on a the Company’s determination that the essential job functions of her position changed following the company’s merger with US Airways. The Seventh Circuit held that she was not a qualified individual because she could not perform the essential functions of the post-merger job. According to court documents, Kimberly Bilinsky worked at American for more than 20 years, starting in 1991. […]
- [Lacrosse Officials Now Considered Independent Contractors in PA](https://helpdesksuites.com/2019/07/11/lacrosse-officials-now-considered-independent-contractors-in-pa/): Hey Compliance Warriors! This is an interesting ruling for lacrosse officials. Read on to see how this decision came about….
- [How The Legalization of Marijuana in Illinois Could Affect Employers](https://helpdesksuites.com/2019/07/10/how-the-legalization-of-marijuana-in-illinois-could-affect-employers/): Hey Compliance Warriors! On January 1st, 2020 marijuana will be legalized in Illinois. Here’s some guidelines employers may want to consider. Read on…
- [Coming Soon: New York Salary History Ban](https://helpdesksuites.com/2019/07/09/coming-soon-new-york-salary-history-ban/): Hey Compliance Warriors! New York will be enacting their salary history ban soon and here’s a breakdown of what you need to know. Read on…
- [2019 Legal Developments in New York and New Jersey](https://helpdesksuites.com/2019/07/08/2019-legal-developments-in-new-york-and-new-jersey/): Hey Compliance Warriors! Here’s an update for New York and New Jersey on legal changes that will affect private employers this year. Read on..
- [Supreme Court Expands FOIA Confidentiality Protections for Private Companies](https://helpdesksuites.com/2019/07/02/supreme-court-expands-foia-confidentiality-protections-for-private-companies/): In Food Marketing Institute v. Argus Leader Media, the U.S. Supreme Court held that government agencies can withhold a private company’s records from public disclosure under Exemption 4 of the Freedom of Information Act (“FOIA”) if the company has treated the information as confidential and also received promises from the government agency to maintain the information’s confidentiality. The Court’s decision overturned the definition of confidential established over forty years ago in Nat’l Parks & Conservation Ass’n v. Morton. Exemption 4 of the FOIA protects “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.”  According to the […]
- [Texas Moving Toward Paid Sick Leave](https://helpdesksuites.com/2019/07/01/texas-moving-toward-paid-sick-leave/): Hey Compliance Warriors! Dallas and San Antonio are looking to providing paid sick leave to their employees. Here’s a breakdown of what’s going on. Read on…
- [Washington Minimum Wage To Increase](https://helpdesksuites.com/2019/06/28/washington-minimum-wage-to-increase/): Hey Compliance Warriors! Here some quick information about the incoming minimum wage increase in July. Read on…
- [Information on the Growing Trend Towards Unlimited PTO](https://helpdesksuites.com/2019/06/27/information-on-the-growing-trend-towards-unlimited-pto/): Hey Compliance Warriors! If you are thinking about implementing an unlimited paid time off policy here’s some pros and cons to consider. Read on…
- [SBS 225: HR Liability: Even When Outsourced](https://helpdesksuites.com/2019/06/27/sbs-25-hr-liability-even-when-outsourced/): Hey Compliance Warriors! Today we discuss an employer liability when outsourcing tasks using a case study! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome to another episode of small business spoonful’s. I’m Lisa Smith Mason: and I’m Mason Merrell. Lisa: And today we are talking about the dangers of thinking just because you outsource an HR function, you’re off the hook. Mason: Yup, that’s right. So, we have kind of a case study, but do you want to kind of preface this for us Lisa: […]
- [Breaking News! New York State Expands Its Workplace Harassment Laws](https://helpdesksuites.com/2019/06/25/breaking-news-new-york-state-expands-its-workplace-harassment-laws/): Hey Compliance Warriors! New York State has once again expanded their anti-discrimination and anti-harassment laws. Read on for the breakdown as to whats going on…
- [Component 2 Data Due to the EEOC By September 30, 2019](https://helpdesksuites.com/2019/06/25/component-2-data-due-to-the-eeoc-by-september-30-2019/): Businesses with at least 100 employees and federal contractors with at least 50 employees and a contract of $50,000 or more with the federal government must annually file their EEO-1 report with the EEOC. The EEO-1 form was revised during President Barack Obama’s administration to require employers to report pay information from workers’ W-2 forms by race, ethnicity and sex. In February 2016, the EEOC expanded the scope of the EEO-1 Reports that are submitted by employers to require information about employees’ W-2 earnings and hours worked within 12 pay bands (“Component 2 Data”). The purpose of seeking this data was […]
- [Court Case on Discriminatory Parental Leave Policy](https://helpdesksuites.com/2019/06/24/court-case-on-discriminatory-parental-leave-policy/): Hey Compliance Warriors! We all know that historically that mothers usually get paid maternity leave. However what about the fathers? Well, read on to find out what happened when J.P. Morgan’s policy denied fathers equal treatment…
- [Nevada's Minimum Wage](https://helpdesksuites.com/2019/06/21/nevadas-minimum-wage/): Hey Compliance Warriors! Nevada has been continuing in their efforts to increase minimum wage. Here’s  a bit of the history and here’s what’s happening now. Read on…
- [Employment Law Update for July 2019](https://helpdesksuites.com/2019/06/20/employment-law-update-for-july-2019/): Hey Compliance Warriors! Here’s a state by state update update of what’s happening with employment law. Read on…
- [SBS 224: FMLA Intermittent Leave Abuse](https://helpdesksuites.com/2019/06/19/sbs-24-fmla-intermittent-leave-abuse/): Hey Compliance Warriors! We’re talking FMLA again this week. This time discussing 8 tips when dealing with intermittent leave abuse. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription:   Lisa: Today we are talking about intermittent FMLA abuse.   Mason: Oh yeah. This can be a common thing that happens in the workplace. So, we’re Gonna kind of talk about some tips that you can take if you’re going through this process.   Lisa: Yeah, absolutely. And so just kind of to start out, just so that […]
- [Bill to Legalize Hemp Passed in Texas](https://helpdesksuites.com/2019/06/18/bill-to-legalize-hemp-passed-in-texas/): On Monday, June 10, 2019, Governor Greg Abbott signed a new law that officially separates marijuana and cannabidiol, or CBD products, in the State of Texas. While CBD products have been available in Texas for some time, those products that contained even trace amounts of THC were technically illegal. Now, as long as a CBD product contains less than .3 percent THC, and meet labeling and quality standards, they will be legal in Texas. The law went into effect immediately. The Lone Star States’ move to legalize hemp followed the federal government’s decision to remove hemp from its list of controlled […]
- [Update! Massachusetts Paid Family and Medical Leave Delayed](https://helpdesksuites.com/2019/06/18/update-massachusetts-paid-family-and-medical-leave-delayed/): Hey Compliance Warriors! There’s been some new developments in the new Paid Family and Medical Leave law effective date for Massachusetts.
- [Health and Human Services Posts Final Rule Pertaining To Conscientious Objection](https://helpdesksuites.com/2019/06/17/health-and-human-services-posts-final-rule-pertaining-to-conscientious-objection/): Hey Compliance Warriors! Here’s the breakdown on this final rule. Read on…
- [Complying with Massachusetts Upcoming Paid Leave Law](https://helpdesksuites.com/2019/06/14/complying-with-massachusetts-upcoming-paid-leave-law/): Hey Compliance Warriors! The deadline for the new paid Family Medical Leave Law in Massachusetts is fast approaching. Here’s some great information on how to prepare your organization. Read on…  
- [Maine's New Paid Leave Law](https://helpdesksuites.com/2019/06/13/maines-new-paid-leave-law/): Hey Compliance Warriors! Maine has signed in a new paid leave law. So  here’s a good Q&A covering when it goes into effect and what it’s going to entail. Read on…
- [Dallas and San Antonio’s Paid Sick Leave Ordinances Take Effect August 1, 2019](https://helpdesksuites.com/2019/06/11/dallas-and-san-antonios-paid-sick-leave-ordinances-take-effect-august-1-2019/): Following in Austin’s footsteps, the cities of Dallas and San Antonio have implemented paid sick leave ordinances. During its regular session, the Texas Legislature failed to pass a law preempting the type of paid sick leave ordinances set to go into effect.  The city of Austin, Texas enacted its paid sick leave ordinance as of October 1, 2018.  The ordinance was challenged in court and the Austin-based Texas Third Court of Appeals enjoined the ordinance, reasoning that it is preempted by the Texas Minimum Wage Act. The appellate court’s ruling is currently on appeal to the Texas Supreme Court, and the Texas Supreme […]
- [Salary History Banned in Kansas City](https://helpdesksuites.com/2019/06/11/salary-history-banned-in-kansas-city/): Hey Compliance Warriors! Kansas City Counsel has officially banned employers from asking about salary history in job applications. Read on for the details about this…
- [Minimum Wage, Tip, and Overtime Updates](https://helpdesksuites.com/2019/06/07/minimum-wage-tip-and-overtime-updates/): Hey Compliance Warriors! Here’s some information regarding minimum wage increases by state that will go into effect starting July 1st, 2019. Read on…
- [How Can You Protect Your Employees From The Measles Outbreak](https://helpdesksuites.com/2019/06/06/how-can-you-protect-your-employees-from-the-measles-outbreak/): Hey Compliance Warriors! With the recent outbreak of measles in the U.S. here are a few steps employers can take to protect their company. Read on…
- [SBS 223: The FMLA Bermuda Triangle](https://helpdesksuites.com/2019/06/05/sbs-23-the-fmla-bermuda-triangle/): Hey Compliance Warriors! Todays were talking the Bermuda Triangle of the FMLA! When three laws intersect. Lisa gives some great tips on hopefully how to fly out in tact. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome to another episode of Small Business Spin Falls. I’m Lisa Smith Mason: and I’m Mason Merrell. Lisa: Today we’re talking about the FMLA. Mason: This one sounds fun. Lisa: Yeah, it’s actually going to be sort of a scary one because this was a situation that a member […]
- [SCOTUS Ruling Weakens and Employer's Defense](https://helpdesksuites.com/2019/06/04/scotus-ruling-weakens-and-employers-defense/): Breaking News! On June 3, 2019, in a 9-0 opinion written by Justice Ruth Bader Ginsburg, the Supreme Court of the United States court rejected a claim from Fort Bend County, Texas making it easier for employees to bring claims against employers after they have been routed through the EEOC.   The case is Fort Bend County v. Davis, case number 18-525, before the Supreme Court of the United States. In Davis, Lois M. Davis worked in information technology for Fort Bend County. In 2010, she informed Fort Bend’s human resources department that the director of information technology was sexually harassing her. […]
- [Legislation Update for Colorado](https://helpdesksuites.com/2019/06/04/legislation-update-for-colorado/): Hey Compliance Warriors! With new elections come new legislation. Here’s an update for Colorado. Read on…
- [FY 2020 H-1B Cap Subject Petitions](https://helpdesksuites.com/2019/06/03/fy-2020-h-1b-cap-subject-petitions/): Hey Compliance Warriors! Check out the information below regarding this. Read on…
- [Court Holds Request for Reasonable Accommodations is not Protected Activity](https://helpdesksuites.com/2019/05/28/is-abortion-covered-under-the-pregnancy-discrimination-act-2/): This post is a little technical, so apologies in advance. In Texas Department of Transportation v. Lara (a decision delivered on May 9, 2019) Albert Lara, Jr., sued the Texas Department of Transportation for terminating his employment after he took extended leave to recover from surgery. After twenty years of employment with the Department, Lara took extended leave related to gastrointestinal distress.  When the Department advised Lara that he had exhausted all leave available to him, Lara made several requests to extend his unpaid leave of absence.  Some requests were granted but subsequent requests were eventually denied. Lara then requested accommodation […]
- [Updates Regarding Rule Making By WHD](https://helpdesksuites.com/2019/05/22/updates-regarding-rule-making-by-whd/): Hey Compliance Warriors! Here’s a quick update on some proposed rules regarding White Collar Exemption Salary Level, Regular Rate of Pay, and Joint Employment. Read on…
- [Supreme Courts Stance On Requested Religious Accommodations](https://helpdesksuites.com/2019/05/21/supreme-courts-stance-on-requested-religious-accommodations/): Hey Compliance Warriors! When it comes to religious accommodations sometimes it can be a hardship on the company if a replacement for a certain day or shift is not available. Here’s an example that went all the way to the Supreme Court. Read on…
- [Is Abortion Covered Under the Pregnancy Discrimination Act?](https://helpdesksuites.com/2019/05/21/is-abortion-covered-under-the-pregnancy-discrimination-act/): With the recent news out of Alabama of the “Alabama Human Life Protection Act,” it is timely to look at how abortions may relate to the workplace. You may have heard about the Pregnancy Discrimination Act (“PDA”) before, but did you know that it extends to much more than “pregnancy”? In fact, the PDA prohibits adverse employment actions “because of or on the basis of pregnancy, childbirth, or related medical conditions.” Because of this language, the PDA has broadly been construed to protect various aspects of pregnancy and pregnancy-related medical conditions. But the question here today is, does the PDA’s coverage extend […]
- [Sexual Harassment Training: What Not To Do](https://helpdesksuites.com/2019/05/20/sexual-harassment-training-what-not-to-do/): Heyy Compliance Warriors! Sexual Harassment training is important for every organization these days. However, here’s a bizarre example of what not to do during this training. Read on…
- [Wage and Hour Employment Law Update for Maryland, Virginia, and D.C.](https://helpdesksuites.com/2019/05/16/wage-and-hour-employment-law-update-for-maryland-virginia-and-d-c/): Hey Compliance Warriors! Here’s some great information clarifying wage and hour employment laws for Maryland, Virginia, and D.C. It also discusses what’s going into effect for these states over the next few years. Read on…
- [SBS 222: Policy Change Protocol](https://helpdesksuites.com/2019/05/15/sbs-22-poliy-change-protocol/): Hey Compliance Warriors! Today on the podcast we’re talking policy changes! We gives some good practice tips when changing policies and also talk about a case study about a poorly handled situation when a policy was changed! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome to another edition of small business spoonfuls. I’m Lisa Smith, Mason: And I’m Mason Merrell. Lisa: And today we’re talking about trips and falls that you can experience with your policy changes. Mason: Yup. This can be a sticky situation. […]
- [Off Duty Medical Marijuana Accommodation Warning Tale](https://helpdesksuites.com/2019/05/14/off-duty-medical-marijuana-accommodation-warning-tale/): Hey Compliance Warriors! Here’s a warning tale of an employer who wasn’t accommodating to an employee with a disability. Sadly it came with big legal implications. Read on…
- [Pregnancy Accommodation in Connecticut](https://helpdesksuites.com/2019/05/13/pregnancy-accommodation-in-connecticut/): Hey Compliance Warriors! If you’re in Connecticut, as of April 23, 2019 there’s been some new guidance issued on how to accommodate pregnant women in the workplace. Read on…
- [SBS 221: Workers' Comp Hot Tips!](https://helpdesksuites.com/2019/05/09/sbs-21-worker-comp-hot-tips/): Hey Compliance Warriors! On today’s episode we talk Workers’ Comp! We give some tips on how to lower your premiums and best practices in using it. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Today we’re talking about some hot tips for reducing your worker’s comp premiums.   Mason: Yup, that’s right. So, what exactly is workers’ comp? Just to clear that up.   Lisa: Worker’s comp is that no fault insurance, right That we carry on all our workers. People think no fault. What does […]
- [Information on CBD in the Workplace](https://helpdesksuites.com/2019/05/08/information-on-cbd-in-the-workplace/): Hey Compliance Warriors! With the increase of people using CBD oils and supplements, here’s a breakdown of what CBD is and how it might or might now affect your employees. Read on…
- [Three Tips for Dealership Employers Amidst The Latest ADA Court Ruling](https://helpdesksuites.com/2019/05/07/three-tips-for-dealership-employers-amidst-the-latest-ada-court-ruling/): Hey Compliance Warriors! Here are three things employers need to know when it comes to being compliant with ADA. Read on…
- [12 Steps to Help Prevent Workplace Violence](https://helpdesksuites.com/2019/05/06/12-steps-to-help-prevent-workplace-violence/): Hey Compliance Warriors! Workplace violence can be a tricky thing to navigate when it comes to OSHA. Especially in the medical field where this is more prominent. Here’s 12 steps to help you navigate OSHA’s guidelines. Read on…
- [CAL/OSHA's Plan For Wildfire Air Quality Protection](https://helpdesksuites.com/2019/05/03/cal-oshas-plan-for-wildfire-air-quality-protection/): Hey Compliance Warriors! With all the wildfires in California, CAL/OSHA has proposed an emergency plan for employee protection against wildfire smoke. Read on for the details…
- [Report Pay Data Deadline Set For Employers Covered By EEO-1](https://helpdesksuites.com/2019/05/02/report-pay-data-deadline-set-for-employers-covered-by-eeo-1/): Hey Compliance Warriors! If you’re an employer that is covered by EEO-1, on April 25th, 2019 is was ruled that employers must submit their pay data by September 30th, 2019. Read on for the details…
- [SBS 220: FMLA Requests: What Do They Sound Like?](https://helpdesksuites.com/2019/05/01/sbs-20-fmla-requests-what-do-they-sound-like/): Hey Compliance Warriors! In this episode, we discuss FMLA requests. How much information is required to qualify? We also discuss a case study! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcript: Lisa: Welcome back to another edition of small business spoonful’s. I’m Lisa Smith Mason: ..and I’m Mason Merrell. Lisa: This time we’re talking about FMLA Mason: That is right. We get a lot of FMLA questions. Lisa: Yeah, we do. And one of the biggest questions is: “My employee has been gone for this reason or […]
- [Cautionary Tale of Not Keeping Good Records of Correspondence With the IRS](https://helpdesksuites.com/2019/04/30/cautionary-tale-of-not-keeping-good-records-of-correspondence-with-the-irs/): Hey Compliance Warriors! Keeping good records is always important. However, it’s especially important when corresponding through mail with the IRS. Here is why. Read on…
- [Sick Leave Notices and FAQs in Westchester County, NY](https://helpdesksuites.com/2019/04/29/sick-leave-notices-and-faqs-in-westchester-county-ny/): Hey Compliance Warriors! The sick leave laws for Westchester County, NY have gone into effect. If your an employer in Westchester county here’s a brief run down of your responsibilities to notice your employees. Read on….
- [COBRA Compliance](https://helpdesksuites.com/2019/04/25/cobra-compliance/): Hey Compliance Warriors! COBRA noncompliance can really cost your company. Here’s some information on what’s required. Read on…
- [SBS 219: 10 Things Your CEO Won't Tell You](https://helpdesksuites.com/2019/04/24/123774/): Hey Compliance Warriors! In this episode we review 10 things you can be prepared for in some cases that your CEO won’t be telling you outright! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome back to another edition of small business spoonful’s. I’m Lisa Smith Mason :..and I Mason Merrell. Lisa: And today we have a really cool article that I came across in business management daily. Mason: Yep. It is secrets of a CEO: 10 things HR needs to know. Lisa: Yeah. And so […]
- [Non Competition Agreement Compliance](https://helpdesksuites.com/2019/04/23/non-competition-agreement-compliance/): Hey Compliance Warriors! Here are some great questions to ask yourself when making sure your non-competition agreements are compliant. Read on…
- [Common FMLA Mistake](https://helpdesksuites.com/2019/04/22/common-fmla-mistake/): Hey Compliance Warriors! Here’s an interesting take on a common FMLA mistake: Not accounting for which states that have FMLA state laws and which don’t. Read on…
- [Laws on Termination in Connecticut](https://helpdesksuites.com/2019/04/17/laws-on-termination-in-connecticut/): Hey Compliance Warriors! Here’s some great information on termination laws in Connecticut. Read on…
- [SBS 218: Termination Checklist](https://helpdesksuites.com/2019/04/17/sbs-218-termination-checklist/): Hey Compliance Warriors! In our latest show we talk termination. We go over a checklist so you can make sure you don’t end up with a  court case on your hands for terminating an employee. If you’re already a member make sure you’re signed in and go HERE to get your termination checklist! If your not a member you can sign up to receive it via email HERE. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome back to small business spoonful’s. I’m Lisa Smith Mason: I’m […]
- [April Legislative Update](https://helpdesksuites.com/2019/04/12/april-legislative-update/): Hey Compliance Warriors! The April legislative showers are now in full effect! Here’s an update on what’s happening. Read on…
- [Updates on Minimum Wage, Tip and Overtime](https://helpdesksuites.com/2019/04/11/updates-on-minimum-wage-tip-and-overtime/): Hey Compliance Warriors! Here’s some great information as to what’s developed in the world of Minimum wage, tip and overtime since March. Read on…
- [Deadline Proposed By EEOC for submission of EEO-1](https://helpdesksuites.com/2019/04/10/deadline-proposed-by-eeoc-for-submission-of-eeo-1/): Hey Compliance Warriors! The EEOC has proposed a deadline of 9/30/2019 for employers to submit their EEO-1. So employers should definitely start gathering their compensation information from 2018 if they haven’t already done so. Read on…
- [Big Help For the Home Help Industry in New York](https://helpdesksuites.com/2019/04/09/big-help-for-the-home-help-industry-in-new-york/): Hey Compliance Warriors! Big decision came down last month for the home care industry in New York. Read on for the details…
- [U.S. DEPARTMENT OF LABOR ISSUES PROPOSAL TO UPDATE REGULAR RATE REGULATIONS](https://helpdesksuites.com/2019/04/08/u-s-department-of-labor-issues-proposal-to-update-regular-rate-regulations/): Hey Compliance Warriors, The U.S. Department of Labor today announced a proposed rule to clarify and update the regulations governing regular rate requirements for the first time in more than 50 years. Read on…
- [When Workplace Harassment Is Not About Sex](https://helpdesksuites.com/2019/04/05/when-workplace-harassment-is-not-about-sex/): Hey Compliance Warriors, Sadly, there are a lot of cases in the workplace about Sexual  harassment this day and age. However, there are other cases where harassment is not considered sexual. Here’s an example….
- [Training Requirements in NYC](https://helpdesksuites.com/2019/04/04/training-requirements-in-nyc/): Hey Compliance Warriors! If you’re a New York City employer you have two sets of training requirements to follow. Yes, you read that correctly TWO sets of training requirements! Read on…
- [SBS 217: Importance of Proper Employee On-Boarding](https://helpdesksuites.com/2019/04/03/sbs-217-importance-of-proper-employee-on-boarding/): Hey Compliance Warriors! Today we discuss the process of successful Employee on-boarding. We also give some tips on what you can do to make the process efficient. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! TRANSCRIPTION: Introduction: Small business Q and a with Lisa Smith and Mason Merrell providing the answers to questions you have about running your small business. This podcast is sponsored by HelpDeskSuites.com. You are a busy employer, we are your employment law compliance Help Desk visit HelpDeskSuites.com to find out more and become a […]
- [Update: Department of Labor Announced Notice of Proposed Rulemaking: "Joint Employer Status Under FLSA"](https://helpdesksuites.com/2019/04/02/update-department-of-labor-announced-notice-of-proposed-rulemaking-joint-employer-status-under-flsa/): Hey Compliance Warriors! Here’s an Update from the DOL on Joint Employer Status under the FLSA. Read on…
- [OSHA Citing General Contractors for Safety Violations Endangering Subcontractors or Other Non-Employees](https://helpdesksuites.com/2019/04/01/osha-citing-general-contractors-for-safety-violations-endangering-subcontractors-or-other-non-employees/): Hey Compliance Warriors! If you’re a general contractor it’s important to make sure your worksites are safe. Here’s some great information as to what OSHA is looking for in an inspection. Read on…
- [Update: DOL's Proposal to Update the FLSA’s Regular Rate Regulations](https://helpdesksuites.com/2019/03/29/update-dols-proposal-to-update-the-flsas-regular-rate-regulations/): Hey Compliance Warriors! Here’s a quick update from the Wage and Hour Division of the D.O.L. on the FLSA regular rate regulations. Read on…
- [Installation Contractor of White Sox Stadium Roof May Be Liable For Injury](https://helpdesksuites.com/2019/03/28/installation-contractor-of-white-sox-stadium-roof-may-be-liable-for-injury/): Hey Compliance Warriors! Take look at this case regarding a maintenance worker at the White Sox stadium suing a roofing general contractor for injuries due to a fall. Read on…
- [Takeaway's From An Old Supervisor Manual From the 1940s](https://helpdesksuites.com/2019/03/27/takeaways-from-an-old-supervisor-manual-from-the-1940s/): Hey Compliance Warriors! This is an interesting article. An old supervisor manual was recently discovered from back in the days of world war II. The HR training provided can be interpreted as horribly sexist because at that time it was aimed solely on how to deal with women entering the workforce. However if this advice is applied to everyone in this day and age it can be very helpful. Read on…
- [SBS 216: Document Your Discipline](https://helpdesksuites.com/2019/03/27/document-you-discipline/): Hey Compliance Warriors! Today we have a short episode as we discuss a court case on discrimination in the workplace. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! TRANSCRIPTION: Introduction: Small business spoonful’s is a weekly Q and a with Lisa Smith and Mason Merrell providing the answers to questions you have about running your small business. This podcast is sponsored by H .com you are a busy employer. We are your employment law compliance desk visit, help sweets.com to find out more and become a member. Now here’s […]
- [New Jersey's Ban On Non-Disclosure](https://helpdesksuites.com/2019/03/26/new-jerseys-ban-on-non-disclosure/): Hey Compliance Warriors! New Jersey has enacted their ban on non-disclosure provisions  when is comes to settlement agreements that address discrimination, retaliation and harassment claims. Read on for more information…
- [Video: Update on the Department of Labor's Proposed Overtime Rule](https://helpdesksuites.com/2019/03/22/update-on-the-department-of-labors-proposed-overtime-rule/): Hey Compliance Warriors! We’ve been keeping a close eye on the DOL’s new proposed overtime rule. So here’s a quick video update as to the latest happenings…
- [Is Wisconsin Getting Medical Marijuana?](https://helpdesksuites.com/2019/03/22/is-wisconsin-getting-medical-marijuana/): Hey Compliance Warriors! Wisconsin employers may be surprised by the number of the employment-related items in their new budget proposal.  Medical MJ is only one of the proposed changes to WI law. Read on… By Michael Gotzler on March 11, 2019 Wisconsin employers reviewing Governor Tony Evers’ very first budget proposal may be surprised by the number of the employment-related items.  The substance of those proposals may also catch employers by surprise, with some observers viewing the Evers budget as an effort to erase the employer-friendly legacy of the former governor, Scott Walker.  Presented to the state legislature on February 28, 2019, the Evers […]
- [Proposed Overtime Rule: 10 Common Questions](https://helpdesksuites.com/2019/03/21/proposed-overtime-rule-10-common-questions/): Hey Compliance Warriors! Check out these FAQs by a prominent employment law attorney. She is answering 10 common questions about the new overtime proposed rule. Read on… What if an exempt employee should be reclassified as non-exempt? How do I reduce the risks of doing so? You can reduce your risk by reclassifying in connection with the date set by DOL for compliance with the increased minimum salary level.  Participating in DOL’s PAID program is also an option for reducing liability, as the employer will pay two years of back wages, but not the third year of back wages or the double liquidated […]
- [SBS 215: Religious Accommodation](https://helpdesksuites.com/2019/03/20/religious-accomodation/): Hey Compliance Warriors! Today we discuss some cases on religious accommodation and give suggestions on what to do and also what not to do! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [Sticking to the Essential Functions of the Job](https://helpdesksuites.com/2019/03/19/sticking-to-the-essential-functions-of-the-job/): Hey Compliance Warriors! Here is a court case about a pharmacist who was afraid of needles and refused to give flus shots. Was he fired? Read on… By Elizabeth Torphy-Donzella on March 13, 2019 According to Pharmajet Blog, a surprising number of pharmacists suffer from trypanophobia – the fear of giving injections, which most in their profession have to do these days during flu season. As Pharmajet notes, the Americans with Disabilities Act generally does not help the needle-phobic pharmacist because companies have a right to define the essential functions of a job. Consistent with this observation, the U.S. Court of Appeals for the Second Circuit in […]
- [Law To Eliminate Wage Gaps Upheld In Philadelphia](https://helpdesksuites.com/2020/03/02/law-to-eliminate-wage-gaps-upheld-in-philadelphia/): Hey Compliance Warriors! The city of Philadelphia has been going back and forth with this law. The ordinance was originally passed in Philidelphia to help combat, amongst other things, wage gaps for female employees. Even after multiple other cities have passed similar laws, appeals are still being made against it. Read on… Article Via: cozen.com “On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any aspect of hiring (the ordinance). See Greater Philadelphia Chamber of Commerce […]
- [How To Properly Terminate An Employee - Blog Series Pt.5](https://helpdesksuites.com/2020/02/28/how-to-properly-terminate-an-employee-blog-series-pt-5/): Hey Compliance Warriors! Welcome to part five of our blog series! We’ll get into the meat of the actual discussion you’ll need to have with an employee about to be terminated. The language you should use, the attitude with which to approach it, and if need be, the evidence you should have to support your decision. Tired of doing hours of research? With HelpDesk Deluxe Suite you will have all the tools you need with unmatched support. Or, simply ask us any questions and let us do the research for you! More info Part Five: The Correct Way to Fire an […]
- [California Supreme Court Gives New Ruling On Compensable Work Time](https://helpdesksuites.com/2020/02/28/california-supreme-court-gives-new-ruling-on-compensable-work-time/): Hey Compliance Warriors! An interesting ruling out of the California Supreme Court that expands on the definition of an employee’s time worked. This ruling may only cover one subject but it can be broadly applied to any employer that expects their employees to maintain responsibilities either before starting or going past their set work hours. Read on…                                            Article Via: hklaw.com                     Highlights The California Supreme Court has handed down yet another […]
- [How To Properly Terminate An Employee - Blog Series Pt.4](https://helpdesksuites.com/2020/02/27/how-to-properly-terminate-an-employee-blog-series-pt-4/): Hey Compliance Warriors! Today we’re continuing with part four in our series. This section is important because of the sensitivity of subject matter that can surround an employee’s termination, the attitude of the employee being terminated, or the people involved in the reason for termination. We will get into the hows and whys of important points that an employer may not have previously considered.   Part Four: Things to Consider When Setting Up the Termination Meeting    Firing an employee is never a pleasant experience – for the manager or the employee.  However, an effective termination meeting can help to (somewhat) diffuse […]
- [How To Properly Terminate An Employee - Blog Series Pt.3](https://helpdesksuites.com/2020/02/26/how-to-properly-terminate-an-employee-blog-series-pt-3/): Hey Compliance Warriors! Part 3 of our continuing series is Section 2 of Employees Who Should Be Terminated. In this part, we will give some additional examples of conduct that’s unbecoming of an employee.
- [Headphones On Construction Sites. What Does OSHA Say?](https://helpdesksuites.com/2020/02/26/headphones-on-construction-sites-what-does-osha-say/): Hey Compliance Warriors! This is a terrific article for anyone running a business in a noisy environment. The article points to construction sites, however, there are many different environments this guidance can be applied to. Read on… Article Via: fmglaw.com “In late 2019, OSHA released a letter of interpretation in response to employers’ questions regarding the rapidly increasing use of headphones on construction sites. The convenience, simplicity, and decrease in price of wireless headphones have made them wildly popular. Manufacturers and advertisers have taken advantage of that popularity to advertise wireless headphones as having features appealing to workers, such as volume-limiting […]
- [Employer Hit with Giant Fine Arising from Non-Employee Harassment](https://helpdesksuites.com/2020/02/26/employer-hit-with-giant-fine-arising-from-non-employee-harassment/): Recently, a jury in New Jersey ordered a large bank to pay a former employee $2.4 million in damages for allegedly failing to take effective action to protect her and other employees from a customer’s alleged sexual harassment and misconduct. According to her lawsuit, former wealth manager Damara Scott said she was leaving the bank lobby in October 2013 when the customer, Patrick Pignatello, allegedly followed her and made lewd sexual comments. After approaching her, Pignatello allegedly grabbed Scott and pressed himself against her without her consent. The lawsuit claims bank management knew Pignatello as he was was known to managers […]
- [How To Properly Terminate An Employee - Blog Series Pt.2](https://helpdesksuites.com/2020/02/25/how-to-properly-terminate-an-employee-blog-series-pt-2/): Hey Compliance Warriors! Having to fire an employee is never an easy task.  Sometimes, despite attempts of open communication and encouraging performance, an employee will need to be terminated from the company.  One of the hardest aspects of preparing to fire an employee is to separate the emotions from the facts.  Firing an employee should always be a last resort, so it is important that the manager has covered all other avenues possible before moving forward.
- [Wage and Hour Law Changes Coming Imminently For Private Colorado Employers](https://helpdesksuites.com/2020/02/25/wage-and-hour-law-changes-coming-imminently-for-private-colorado-employers/):        Hey Compliance Warriors! A huge change in Colorado’s wage and hour laws are going into effect less than one month from now. This will be a major shakeup for private employers who only have a short period of time to get on board in compliance of these new laws. Read on…            Article Via: employmentlawspotlight.com “Effective March 16, 2020, COMPS Order #36 (the Order), issued by the Colorado Department of Labor and Employment, will bring about sweeping changes to Colorado’s overtime and minimum pay standards (COMPS) impacting private employers. The Order will also succeed […]
- [How To Properly Terminate An Employee - Blog Series Pt.1](https://helpdesksuites.com/2020/02/24/how-to-properly-terminate-an-employee-blog-series-pt-1/): Hey Compliance Warriors! Welcome to a special ten-part series on employee termination. Letting go of an employee can often be a difficult process to take on from determining the cost-benefit of terminating an employee to documenting the deciding factors leading up to the termination. And of course, the laws can be different for these things depending on the state in which you live. This series will give you practical insight into what you need to know and the steps you need to take before terminating an employee.
- [All Independent Contractors Protected Under New Human Rights Law In NYC](https://helpdesksuites.com/2020/02/24/all-independent-contractors-protected-under-new-human-rights-law-in-nyc/): Hey Compliance Warriors! Having independent contractors in a workplace can be a tricky thing for any employer because it opens up a number of additional payroll and legal stipulations. The city of New York has taken steps to protect these independent contractors from any under-used or unestablished laws. Read on…           Article Via: jacksonlewis.com “The New York City Commission on Human Rights (NYCCHR) has released a factsheet providing guidance on its view of the scope of the anti-discrimination protections provided to individuals performing services as independent contractors and freelancers under the New York City Human Rights Law […]
- [PA Employer Sued for Wrongful Termination Of Medical Marijuana User](https://helpdesksuites.com/2020/02/21/pa-employer-sued-for-wrongful-termination-of-medical-marijuana-user/): Hey Compliance Warriors! Today we’re looking at a court case on the issue of Medical Marijuana. It seems that these types of situations are becoming more and more common with the use of medical marijuana becoming a popular alternative treatment as states legalize it. This case in PA is another that stands out as something employers really need to watch out for. Jumping the gun on terminating an employee for the use of medical marijuana. Read on…              Article Via: cozen.com “In a recent decision, a Pennsylvania county court ruled that the state’s Medical Marijuana Act […]
- [California Pushing For New IIPP Standards After Frequent Employer Citations](https://helpdesksuites.com/2020/02/19/california-pushing-for-new-iipp-standards-after-frequent-employer-citations/): Hey Compliance Warriors! If you aren’t familiar with what an IIPP is, it stands for Illness and Injury Protection Plan. A standard required document employers are to have and maintain in accordance with OSHA laws. The issue being faced is that many employers have not been maintaining this standard and because of that California is attempting to implement even stricter laws regarding the situation. Read on… Article Via: bdlaw.com “California’s Occupational Safety and Health Standards Board adopted a new safety rule on January 16, 2020, requiring employers to provide employees with access to their written Injury and Illness Prevention Plan (IIPP) within […]
- [Gender Reassignment Surgery, Title VII, And How The Two Are Linked](https://helpdesksuites.com/2020/02/18/gender-reassignment-surgery-title-vii-and-how-the-two-are-linked/): Hey Compliance Warriors! Recently, a court case was held in Arizona involving something employers need to be aware of. Transgender Surgery is becoming more and more common today and while it is something only a small portion of the population will have done, it is still something we all need to be sensitive to and aware of. Title Seven can lead to some very big court cases, including this one here.  Read On… Article Via: https://www.laborandemploymentlawcounsel.com/ “As we previously blogged, Plaintiff Russell Toomey, a transgendered male, filed suit in early 2019 against his employer, the State of Arizona, after the self-funded […]
- [Fifth Circuit Court of Appeals Provides Guidance on Reasonable Accommodations](https://helpdesksuites.com/2020/02/18/fifth-circuit-court-of-appeals-provides-guidance-on-reasonable-accommodations/): Brett Horvath was employed as a driver/pump operator by the City of Leander Fire Department (Leander is a city north of Austin, Texas). In 2016, the Fire Department began requiring TDAP vaccinations (TDAP is a combination vaccine that protects against three bacterial diseases: tetanus, diphtheria, and pertussis (whooping cough)). Horvath, an ordained Baptist minister, objected to the requirement on religious grounds. In response to his objection, the City provided two proposed accommodations: be  reassigned  to  the  position  of  code  enforcement  officer,  which  offered  the  same pay and benefits and did not require a vaccine, and the City would cover the cost […]
- [Maryland Overturns 2019 Veto of "Ban-the-Box" Law](https://helpdesksuites.com/2020/02/17/maryland-overturns-20198-veto-of-ban-the-box-law/): Hey Compliance Warriors! In an interesting turn of events, Maryland employers are no longer allowed to inquire into an applicant’s criminal history before their first in-person interview. Read on… Article Via: https://www.seyfarth.com/ “Coverage As noted, the Act applies to employers with 15 or more full-time employees. “Employment” is broadly defined to mean “any work for pay and any form of vocational or educational training, with or without pay.” The term broadly covers virtually all types of employment, including contractual, temporary, seasonal, and contingent workers and those employed through the services of a temporary or other type of employment agency.  Prohibitions Covered […]
- [Caronavirus Guide To Protect Your Employees](https://helpdesksuites.com/2020/02/14/caronavirus-guide-to-protect-your-employees/): Hey Compliance Warriors! With the coronavirus becoming more and more of an issue, California OSHA has put out some info to help the issue. Obviously this info is valuable to employers everywhere, though. Read on… Article Via: https://ogletree.com/ “The California Division of Occupational Safety and Health (Cal/OSHA) has released Interim Guidance for Protecting Health Care Workers from Exposure to 2019 Novel Coronavirus (2019-nCoV). This guidance pertains to “health care facilities, laboratories, public health services, police services and other locations where employees are reasonably anticipated to be exposed to confirmed or suspected cases of aerosol transmissible diseases.” Employers that have operations in any of these […]
- [Offensive Remarks By Employer Not Held as Racism During Discrimination Suit](https://helpdesksuites.com/2020/02/12/offensive-remarks-by-employer-not-held-as-racism-during-discrimination-suit/): Stray remarks, while “offensive,” did not show that Texas Children’s Hospital fired an employee based on race, the 5th U.S. Circuit Court of Appeals has ruled (Eaglin v. Texas Children’s Hospital, No. 19-20222 (5th Cir. Feb. 4, 2020)) [http://www.ca5.uscourts.gov/opinions/unpub/19/19-20222.0.pdf]. Plaintiffs Annette Williams and Victoria Eaglin—who are both black—worked for Texas Children’s Hospital (“TCH”) as Patient Access Representatives at the cardiology reception desk. Eaglin was fired after the hospital investigated an incident and concluded that she had clocked in for a co-worker who was not at work at the time. Eaglin filed a complaint with the EEOC and received a right to sue letter. […]
- [Genetic Testing And More Protected Under HIPAA](https://helpdesksuites.com/2020/02/12/genetic-testing-and-more-protected-under-hipaa/): Hey Compliance Warriors! There are some interesting designations here in regards to what “genetic information” really is, what it means and why it’s important for us to understand. Because of the many ways genetic testing is performed, we need to be aware of what employers are allowed to access. Read on…
- [New Requirement For Pittsburgh Employers To Provide Sick Leave](https://helpdesksuites.com/2020/02/11/new-requirement-to-provide-sick-leave-for-pittsburgh-employers/): Hey Compliance Warriors! A new law passed for Pittsburgh employers will require them, or any employer with an operation out of the city of Pittsburgh to provide sick leave for their employees. Read on… Article Via: https://www.lawandtheworkplace.com/ “Following a prolonged legal challenge brought by a group of Pittsburgh businesses, Pittsburgh’s paid sick leave ordinance will finally take effect on March 15, 2020. As we previously reported, in August 2015, the City of Pittsburgh passed the Paid Sick Days Act (the “Act”) which would have required most employers to provide their employees with paid sick leave to care for the employee’s or […]
- [Sweeping Updates Announced to Many States and Municipalities](https://helpdesksuites.com/2020/02/10/sweeping-updates-announced-to-many-states-and-municipalities/): Hey Compliance Warriors! We have had a super busy beginning to our 2020 employment law year. Of particular interest is a new attempt to legalize comp time in the private sector. Read On…
- [Courts Work To Determine Exempt Status For Claims Reviewer](https://helpdesksuites.com/2020/02/07/courts-work-to-determine-exempt-status-or-not-for-claims-reviewer/): Hey Compliance Warriors! Are insurance claims reviewers exempt or not? An interesting question with a surprising answer. Read On…
- [The Do's and Don'ts Of Having Voluntary Workers At Your Company](https://helpdesksuites.com/2020/02/05/the-dos-and-donts-of-having-voluntary-workers-at-your-company/): Hey Compliance Warriors! Having volunteer workers – or interns – can be a great benefit to both parties. But when does it go too far? Employers need to watch out for some missteps that they can take – sometimes without even realizing it – so they don’t violate any employment laws. Read On… Article Via: workplacelawandstrategy.com.au “The line between lawful and unlawful unpaid work is not always clear. Many companies are contacted by people offering to work on a voluntary basis.  It is often pitched as a “win-win” because the person is willing to work for free in exchange for experience […]
- [Safety Inspection Compromised When Company Notifies Employees Beforehand.](https://helpdesksuites.com/2020/02/04/safety-inspection-compromised-when-company-notifies-employees-beforehand/): Hey Compliance Warriors! We all want to have an advantage when it comes to making our business the best it can be. But if it only LOOKS like it’s the best on paper, then what does it cost us in the long run? Sometimes, like in this article, it can even cost us in the short-term. Read On… Article Via: https://www.fisherphillips.com/ “The Federal Mine Safety and Health Review Commission just concluded that an employer was being untruthful when it claimed that it did not provide advance warning to fellow workers about an imminent mine inspection, taking the extraordinary step of overturning […]
- [Chipotle Settles for $2 million dollars in child labor and unpaid wages violations.](https://helpdesksuites.com/2020/02/04/chipotle-settles-for-2-million-dollars-in-child-labor-and-unpaid-wages-violations/): Hey Compliance Warriors! This article is a friendly reminder to document all your employee’s hours worked, as well as making sure they get paid on time! And if you have any minors working for the business, make sure you’ve brushed up on all of your states labor laws regarding how many hours they’re allowed to work in a day or week. Read On… Article Via: https://www.stateagreport.com/ Massachusetts Attorney General Alleges Chipotle Served Up a Side Order of Wage and Hour Violations, Reaches $2 Million Settlement Massachusetts AG Maura Healey reached a settlement with casual dining restaurant chain Chipotle Mexican Grill, Inc. (“Chipotle”) […]
- [2020 I-9 ISSUED](https://helpdesksuites.com/2020/01/31/2020-i-9-issued/): Hey Compliance Warriors! The new I-9 is here!
- [Classifying Independent Contractors Is Becoming Stricter For New Jersey Employers](https://helpdesksuites.com/2020/01/31/classifying-independent-contractors-is-becoming-stricter-for-new-jersey-employers/): Hey Compliance Warriors! A large set of laws just signed into place by New Jersey Governor Murphy are shaking things up for employers. Because of an overwhelming amount of employers misclassifying their employees, The LWD are investigating businesses and enforcing these new laws, some of which have gone into immediate effect and some which will progressively. Read on… Article Via: https://www.seyfarth.com/ Continuing his push to make New Jersey one of the most employee-friendly jurisdictions in the nation, Governor Murphy signed several pieces of legislation on January 20, 2020 to combat perceived rampant worker misclassification in the Garden State.  As discussed in more detail […]
- [Fifth Circuit Again Defers to Arbitration Awards](https://helpdesksuites.com/2020/01/30/fifth-circuit-again-defers-to-arbitration-awards/): Recently, the Fifth Circuit Court of Appeals has once again show the stunning amount of deference that courts give to arbitration awards. In Kemper Corporate Servcs., Inc. v. Computer Sciences Corp., Kemper Corporate Services, Incorporated (“Kemper”), an insurance company, hired Computer Sciences Corporation (“CSC”), a software developer and technology-services company, to update its insurance software. The parties entered into a multi-year software-services contract, known as the “Exceed Agreement.” The Exceed Agreement contained provisions for arbitration, in that if the parties could not resolve a dispute through mediation, then the parties could submit the dispute to binding arbitration for a final determination. […]
- [PSA - The Chinese Coronavirus - How To Protect Your Employees](https://helpdesksuites.com/2020/01/29/psa-the-chinese-coronavirus-how-to-protect-your-employees/): Hey Compliance Warriors! A quick PSA post with helpful tips to keep us abreast of the growing Coronavirus outbreak. So far, not many people have been affected in the U.S. but it doesn’t take much to spread, and it can be very deadly. The following article will give some helpful tips and resources to keep you and your employees safe. Read On… Article Via: https://www.laborandemploymentlawcounsel.com/ Seyfarth Synopsis:  First American case reported of deadly new Chinese coronavirus. The Centers for Disease Control and Prevention (CDC) has indicated that it is closely monitoring an outbreak caused by a new 2019 Novel Coronavirus (2019-nCoV) (coronavirus) first identified […]
- [What HR Rules Employers Need To Know This Flu Season](https://helpdesksuites.com/2020/01/29/what-hr-standards-employers-need-to-know-this-flu-season/): Hey Compliance Warriors! With the various strains of flu that have been surfacing this season, it’s helpful for employers to know how to handle their employees if they’re sick. We don’t need an office shutdown, right? This article goes into what employers can and can’t do when it comes to their employees and the flu. Read on… Article Via: https://www.jdsupra.com/ With the outbreak of the corona virus dominating headlines, it is a great time to dust off the company policy on dealing with flu season and infectious diseases, generally, in the workplace.  Contagious diseases are particularly troublesome subjects for companies because […]
- [Scott Kiplinger On Medlical Marijuana in Oklahoma, And When To Fire An Employee "Under The Influence"](https://helpdesksuites.com/2020/01/28/scott-kiplinger-on-medlical-marijuana-in-oklahoma-and-when-to-fire-an-employee-under-the-influence/): Hey Compliance Warriors! Once again we have a tough ruling to enforce in the growing medical marijuana arena. This article well summarizes the pros and cons of some laws concerning Oklahoma. Primarily ending on a note that it’s going to be up to employers to be much more diligent keeping tabs on their employees if they suspect said employee to be under the influence while on the job. Despite specifying Oklahoma, there are some good points in here for any business owner in a state where marijuana is legal. Read on… Article Via: http://www.gablelaw.com/ What is the current status of medical […]
- [D.C. Mandates Employers To Notify Their Employees Of New Law Or Be Fined](https://helpdesksuites.com/2020/01/27/d-c-mandates-employers-to-notify-their-employees-of-new-law-or-be-fined/): Hey Compliance Warriors!! A new law going into effect this July is changing things up for employers in the District. The new regulation states that employers must make all of their employees aware of this new law. This is obviously a big deal because keeping your employees in the dark regarding their benefits can be detrimental to you as a business in many ways, including losing valuable talent. Learn a bit more about this new law below. Read on….
- [Safeway Manager's Overtime Pay Case Falls Apart In Court](https://helpdesksuites.com/2020/01/24/safeway-managers-overtime-pay-case-falls-apart-in-court/): Hey Compliance Warriors! We have a short but informative post for today about overtime exemption. It’s very straight forward about the nature of exempt and non-exempt employees, so I’ll let the article do the talking. Read on…
- [Department of Labor Issues New Rule Regarding Joint Employer Status Under the FLSA](https://helpdesksuites.com/2020/01/22/department-of-labor-issues-new-rule-regarding-joint-employer-status-under-the-flsa/): On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint-employer status under the Fair Labor Standards Act (FLSA).  This rule sets forth principles governing the determination of joint employer liability under the FLSA.  The DOL issued the final rule to “reduce uncertainty over joint employer status, promote greater uniformity among court decisions, reduce litigation, and encourage innovation in the economy.” The new rule, which will become effective in 60 days, is a departure from the prior DOL rule, a legal interpretation adopted by the Obama Administration in 2016 and a 2015 ruling by the […]
- [DOL Sets Final Regulations For "Joint Employer" Status](https://helpdesksuites.com/2020/01/22/dol-sets-final-regulations-for-joint-employer-status/): Hey Compliance Warriors! After almost a year of waiting for the final verdict, the DOL has substantiated the ruling for filing “Joint Employer” status for employees. This article gives a breakdown of the changes made to the initial regulations last April. Read on…   Article Via: https://www.constangy.com “On April 1, 2019, the U.S. Department of Labor issued proposed regulations clarifying its interpretation of joint employer status under the Fair Labor Standards Act. This past Sunday, the DOL issued a Final Rule, which will take effect March 16. This Bulletin will highlight only the changes that the DOL made to its proposed […]
- [OSHA Increases Maximum Penalties Regarding Violations Of The OSH Act](https://helpdesksuites.com/2020/01/20/osha-increases-maximum-penalties-regarding-violations-of-the-osh-act/): Hey Compliance Warriors! Here’s a good breakdown of what a per violation of this act would cost an employer. Spoiler alert it’s not something employers want to have to deal with! Read on…
- [New York and New Jersey Ban Employers from Asking About Salary History](https://helpdesksuites.com/2020/01/15/new-york-and-new-jersey-ban-employers-from-asking-about-salary-history/): New York and New Jersey have recently enacted laws prohibiting employers from inquiring about or relying on salary history information in making hiring decisions. The laws, which take effect during the first week of 2020, are meant to help battle salary inequality and to prevent employers from using salary history information as a condition of employment. Specifically, New York’s salary history ban prohibits employers from: (1) relying on wage or salary history in determining whether to offer employment to, or in determining the wages or salary of, a job applicant; (2) requesting or requiring the wage or salary history of a […]
- [Breaking News: Final Rule Regarding Joint Employer Part 791](https://helpdesksuites.com/2020/01/13/breaking-news-final-rule-regarding-joint-employer-part-791/): Hey Compliance Warriors! The DOL has issues its final file regarding FMLA’s stance on the joint employer status. Read on…
- [The Secure Act Signed Into Law](https://helpdesksuites.com/2020/01/09/the-secure-act-signed-into-law/): The Setting Every Community Up for Retirement Enhancement Act of 2019 (“Secure Act”) was passed by the U.S. Congress and signed into law by the President in December 2019.  The Secure Act is the most significant retirement legislation in many years. This article contains a summary of some of the key provisions of the Secure Act, which became effective on January 1, 2020. Student Loans The Secure Act contains provision for a withdrawal of up to $10,000 from §529 plans to repay student loans. This is significant because potentially students who take advantage of this new change will incur less interest […]
- [The Auditors are Coming! (Do you have a plan?)](https://helpdesksuites.com/2020/01/08/the-auditors-are-coming-do-you-have-a-plan/): Hey Compliance Warriors! The Auditors are Coming! (Do you have a plan?) Read on as one of our members and guest blogger gives some amazing tips for preparing to meet YOUR auditor!
- [Three New Opinion Letters Issued By DOL](https://helpdesksuites.com/2020/01/07/three-new-opinion-letters-issued-by-dol/): Hey Compliance Warriors! The DOL has release three new opinion letters regarding FLSA and FMLA. Read on for the details on this..
- [The California Consumer Privacy Act](https://helpdesksuites.com/2020/01/01/the-california-consumer-privacy-act/): Whether you like it or not, 2019 is coming to an end. With 2020 at our doorstep, it’s time to face the music and start paying attention to another tune in the ever-changing cacophony that is privacy law in the United States. On January 1, 2020, the California Consumer Privacy Act of 2018 (the “Act”) goes into effect. Here, I’d like to give you some overview of the Act. But first, its important to note that this law does not only apply to California businesses, but instead, to any business meeting certain thresholds pertaining to Californian residents. So, if you are […]
- [Is a Diagnosis a Disability?](https://helpdesksuites.com/2019/12/27/is-a-diagnosis-a-disability/): In Darby v. Childvine, a recent decision from the United States District Court for the Southern District of Ohio, the Court considered whether a genetic mutation can constitute a “disability” as that term is defined under the federal Americans with Disabilities Act (“ADA”). In that case, Darby was hired as an administrative assistant around August 2016 for Childvine, an early childcare provider. Shortly after beginning her employment, Darby underwent a double mastectomy on October 25, 2016. Thereafter, the employer terminated Darby two weeks after she underwent surgery for a double mastectomy. Darby sued Childvine, alleging she was terminated in violation of […]
- [SBS 237: Holiday Pay Q & A](https://helpdesksuites.com/2019/12/19/sbs-237-holiday-pay-q-a/): Hey Compliance Warrior! Today we’re addressing a few user questions regarding holiday pay! Don’t forget to rate, review and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: And today we are talking about three big questions that we get from a lot of our members. And these are all surrounding how you pay or don’t pay people for time off due to holidays.   Mason: you could call this our holiday pay Q. And. A.   Lisa: Oh, aren’t you a poet!   Mason: Okay, All right. So, how we’re going to […]
- [Breakdown Of New Federal Overtime Rule](https://helpdesksuites.com/2019/12/16/breakdown-of-new-federal-overtime-rule/): Hey Compliance Warriors! This new federal overtime rule is set to take place January 1st, 2020. Here is some information to note. Read on…
- [SBS 236: Tips For Having Harassment-Free Holiday Parties!](https://helpdesksuites.com/2019/12/12/sbs-236-tips-for-having-harassment-free-holiday-parties/): Hey Compliance Warriors! So, last week we discussed holiday parties where it concerns alcohol and this week we are continuing that discussion with harassment-free holiday parties! Link to article: https://rubinthomlinson.com/all-i-want-for-christmas-is-a-harassment-free-office-holiday-party/ Don’t forget to rate, review and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Today we are going to share with you some really great information from an article that was written by a woman named Veronica Howard. She is affiliated with the law firm of Ruben Tomlinson. And the topic of her article here is all I want for Christmas is […]
- [Breaking: U.S. Department of Labor Announces Extension of Comment Period for Proposed Rule for Tip Credit Provisions](https://helpdesksuites.com/2019/12/09/breaking-u-s-department-of-labor-announces-extension-of-comment-period-for-proposed-rule-for-tip-credit-provisions/): Hey Compliance Warriors! Here’s a press release from the DOL regarding the comment period for tip credit provisions new proposed rule. Read on..
- [SBS 235: Employer Liability Concerning Alcohol At Holiday Parties](https://helpdesksuites.com/2019/12/05/sbs-235-employer-liability-concerning-alcohol-at-holiday-parties/): Hey Compliance Warriors! With the holiday season upon us, we all like to get together to celebrate a great year and holiday parties are a great way to show our employees how much we appreciate them. However, we also want to protect our company. So, here are some tips and things to think about if you, as the employer, plan on serving alcohol at these events. Don’t forget to rate, review and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Today we are kicking off a series of three podcasts leading us […]
- [Compensation Considerations for 2020](https://helpdesksuites.com/2019/12/04/compensation-considerations-for-2020/): Hey Compliance Warriors! Here’s some helpful information to consider when it comes to compensation issues/topics. Read on…
- [New York State's Revised Reproductive Health Law](https://helpdesksuites.com/2019/12/03/new-york-states-revised-reproductive-health-law/): Hey Compliance Warriors! As 2020 approaches, there is a lot of new legislation. Here is an update that may require employee handbook revisions for New York State Employers. Read on…
- [California: 10 New Laws to Understand](https://helpdesksuites.com/2019/12/02/california-10-new-laws-to-understand/): Hey Compliance Warriors! If you’re running a business in California, here is some new legislation coming January 1st, 2020 you’ll probably want to look over. Read on…
- [Holiday Parties and Employer Liability: Is Alcohol OK?](https://helpdesksuites.com/2019/12/02/holiday-parties-and-employer-liability-is-alcohol-ok/): Well, it’s that time of year again. Time for potlucks and holiday lunches and corporate outings. And just as every year, you will invariably get questions or at least thoughts about including alcohol at any of these functions. Well, if you are thinking of providing or making alcohol available at any corporate function, you may want to think again. Employers that make alcoholic beverages available at company functions, or who allow employers to drink alcohol on company premises, or while on company business may be liable for injuries caused by intoxicated employees. Lawsuits attempting to hold employers liable for damages or […]
- [Fifth Circuit Issues More Guidance on Non-Compete Provisions](https://helpdesksuites.com/2019/11/21/fifth-circuit-issues-more-guidance-on-non-compete-provisions/): Recently, the Fifth Circuit released an opinion, Brock Services, L.L.C. v. Richard Rogillio, No. 19-30363, which provides helpful guidance regarding non-compete provisions that can impact both employers and employees alike. In Brock, Richard Rogillio (“Rogillio”) began working for Brock Services, L.L.C. (“Brock”) in the summer of 2010 until he resigned to work for a direct competitor, Apache Industrial Services, L.L.C. (“Apache”). At the time of his resignation in the fall of 2018, he was the Vice President of Operations for Brock’s Eastern Region. As part of his employment with Brock, Rogillio was subject to a non-compete provision in his employment agreement. […]
- [SBS 35: Wage and Hour Warning Tale](https://helpdesksuites.com/2019/11/21/sbs-35-wage-and-hour-warning-tale/): Hey Compliance Warriors, Today we talk about a recent court case where delivery drivers weren’t paid correctly, filed a claim, and won big! Don’t forget to rate, review and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome back to another edition of small business Spoonfuls. I’m Lisa Smith and today we are talking about the big Domino’s franchisee situation in Illinois. Mason: I’m Mason Merrell. This was a big one. 16 Domino’s franchises agreed to pay $807,500 to settle wage and hour claims brought by a class of approximately 125 drivers. […]
- [How Emojis Can Affect Court Cases](https://helpdesksuites.com/2019/11/20/how-emojis-can-affect-court-cases/): Hey Compliance Warriors! The term “emoji” has somehow found itself to be a popular term in society today. Usually because these small pictures can help you show your friends and family how you feel when writing text messages. However, did you know these emoticons can also be used in court? Read on…
- [Outlook For Paid Family Leave In 2020](https://helpdesksuites.com/2019/11/19/outlook-for-paid-family-leave-in-2020/): Hey Compliance Warriors! Here’s an update on NYPFL for 2020. Read on…
- [SBS 34:New Lactation Law Requirements for California](https://helpdesksuites.com/2019/11/14/sbs-34new-lactation-law-requirements-for-california/): Hey Compliance Warriors! We’re back and this week we’re talking about the new lactation room requirements for California. Don’t forget to rate, review and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription:   Lisa: Welcome back to another edition of small business Spoonfuls. I’m Lisa Smith. Mason: and I’m Mason Merrell. Lisa: And today we are talking about the new California law that surrounds lactation breaks for breastfeeding moms. Mason: This is an interesting one. Lisa: Now we know that if you are an employer with 50 or more employees federally speaking, you […]
- [Federal Court Rules Government Must Have Reasonable Suspicion Before Searching Electronic Devices at the U.S. Border](https://helpdesksuites.com/2019/11/13/federal-court-rules-government-must-have-reasonable-suspicion-before-searching-electronic-devices-at-the-u-s-border/): On November 12, 2019, a federal court in Boston ruled that searches of international traveler’s electronic devices by Immigration and Customers Enforcement (“ICE”) and Customs and Border Protection (“CBP”), at airports and other U.S. portions, performed without reasonable suspicion were unconstitutional. The ruling arose from a lawsuit filed by the American Civil Liberties Union, Electronic Frontier Foundation, and ACLU of Massachusetts, on behalf of 11 travelers whose smartphones and laptops were searched without individualized suspicion at U.S. ports of entry. Of the eleven travelers, ten are U.S. Citizens and the eleventh is a Lawful Permanent Resident. According to the ruling, the […]
- [ADEA Claim Dismissed Due to Unprofessional Behavior](https://helpdesksuites.com/2019/11/11/adea-claim-dismissed-due-to-unprofessional-behavior/): Hey Compliance Warrior! Here is an interesting court case regarding an employee who filed a claim for unfair termination due to her age. However, after reviewing her workplace conduct the 5th Circuit felt differently. Read on for the details…
- [New York Is Providing More Workplace Protections For Domestic Violence Victims](https://helpdesksuites.com/2019/11/08/new-york-is-providing-more-workplace-protections-for-domestic-violence-victims/): Hey Compliance Warriors! Here’s a quick update on what protections in the workplace New York is requiring for DV victims. Read on…
- [No Clear Path Forward on the Applicability of the ADA to Websites](https://helpdesksuites.com/2019/11/06/no-clear-path-forward-on-the-applicability-of-the-ada-to-websites/): In October, the Supreme Court of the United States denied Domino’s Pizza’s petition for review of a circuit court decision pertaining to the Americans with Disabilities Act (“the ADA”) applicability to Domino’s website. Domino’s requested that the Supreme Court review the Ninth Circuit’s decision holding that Domino’s must make its website accessible to persons with visual impairments under the ADA. The petition for certiorari was the first time the Supreme Court had been asked to consider the issue of website accessibility. In this case, the plaintiff alleged that Domino’s violated Title III of the ADA, which governs places of public accommodation, […]
- [Do's and Don'ts of the Hiring Process](https://helpdesksuites.com/2019/11/06/dos-and-donts-of-the-hiring-process/): Hey Compliance Warriors! The hiring process can be tedious. Here is some information helping to make sure you’re doing it the right and legal way. Read on…
- [Update: DOL Announces Proposal to Expand Access to Bonuses for America’s Workers](https://helpdesksuites.com/2019/11/05/update-dol-announces-proposal-to-expand-access-to-bonuses-for-americas-workers/): Hey Compliance Warriors! DOL is purposing to expand the eligibility of bonuses for certain types of employees. Read on…
- [Breakdown For Employer On The California Consumer Privacy Act](https://helpdesksuites.com/2019/11/04/breakdown-for-employer-on-the-california-consumer-privacy-act/): Hey Compliance Warriors! The California Consumer Privacy Act is going to be effective on 1/1/2020. So if you’re an employer in California here’s some great information regarding this. Read on…
- [EEOC Reaches Largest Parental Leave Discrimination Settlement to Date](https://helpdesksuites.com/2019/11/01/eeoc-reaches-largest-parental-leave-discrimination-settlement-to-date/): Earlier this year, one of the oldest and largest financial institutions in the United States agreed to pay $5 million to resolve a discrimination claim filed by a male employee who alleged the bank’s parental leave policy was biased against dads. The settlement resolved a 2017 complaint brought by the American Civil Liberties Union alleging bias against the employee who had applied unsuccessfully for the 16-week parental leave benefit available to employees who are the “primary caregiver” of a new kid. This payout is the largest settlement to date, but it is not the first. In 2015, the Equal Employment Opportunity […]
- [It’s Halloween, can I have off work? It’s part of my religion.](https://helpdesksuites.com/2019/10/29/its-halloween-can-i-have-off-work-its-part-of-my-religion/): Yes folks, it’s that time of year again. Thursday, October 31 is right around the corner. The day that is commonly known as Halloween is once again upon us. While chatting with my wife this evening, she had a great question; what happens if an employee asks off of work to observe the day of Halloween as part of their religion? As you may, or may not know, Halloween originated with the ancient Celtic festival of Samhain. The Celts, who lived about 2,000 years ago, mostly in the area that is now Ireland, the United Kingdom and northern France, celebrated their […]
- [Massachusetts Courts Method For Identifying Gig Economy Businesses](https://helpdesksuites.com/2019/10/28/massachusetts-courts-method-for-identifying-gig-economy-businesses/): Hey Compliance Warriors! Here’s some great information on classifying a “gig” worker. It’s still a slippery slope on the identification process but this 8 factor test this court used for this particular case is a step in the right direction. Read on…
- [2020 California Legislation Update](https://helpdesksuites.com/2019/10/25/2020-california-legislation-update/): Hey Compliance Warriors! With legislation season approaching, here’s an update overviewing new employment laws in California. Read on…
- [SBS 233: Benefits of Using Biometric Timekeeping Systems](https://helpdesksuites.com/2019/10/24/sbs-33-benefits-of-using-biometric-timekeeping-systems/): Hey Compliance Warriors! Bio-metric time clocks have been around for while but with increasing technology and security they’ve become even more popular. Listen in as we discuss some of the benefits of using this type of timekeeping system! Don’t forget to rate, review and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!   Transcription: Lisa: Welcome to another edition of small business spin fools. I’m Lisa Smith Mason: I am Mason Merrell Lisa:  And today we are talking about biometric timekeeping systems. Mason: Yep, that’s right. So we’re talking about the way you keep […]
- [PA's White Collar Exemption Salary Threshold](https://helpdesksuites.com/2019/10/23/pas-white-collar-exemption-salary-threshold/): Hey Compliance Warriors! Here’s an update on the proposed rule to increase the salary threshold in PA. Read on…
- [Webinar Regarding Final Overtime Rule](https://helpdesksuites.com/2019/10/22/webinar-regarding-final-overtime-rule/): Hey Compliance Warriors! On November 4th the Wage and Hour Division will be holding a webinar to detail the final over time rule. Read on for the detail on how to sign up…
- [Movement Toward Lessening Workplace Violence In Healthcare Facilities](https://helpdesksuites.com/2019/10/18/movement-toward-lessening-workplace-violence-in-healthcare-facilities/): Hey Compliance Warriors! Anything that can be done to lessen workplace violence is a move in the right direction. The Ministry of Labour in Canada has released a guide addressing some key things. Read on for the details…
- [SBS 232: Tips For Success When Preparing Your Employees For Open Enrollment](https://helpdesksuites.com/2019/10/17/sbs-32-tips-for-success-when-preparing-your-employees-for-open-enrollment/): Hey Compliance Warriors! Open enrollment is just around the corner and if you’re in a place where you’re helping your employees with this, here are a few helpful tips! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome to another edition of small business Spoonfuls. I’m Lisa Smith Mason: And I’m Mason Merrell Lisa: Today we are talking about open enrollment. Mason: This is something that is a big headache for a lot of people. Lisa: Yeah And we’re, here. We are at open enrollment season, […]
- [San Antonio City Council Revises and Approves Paid Sick Leave Implementation for December 1st, 2019](https://helpdesksuites.com/2019/10/16/san-antonio-city-council-revises-and-approves-paid-sick-leave-implementation-for-december-1st-2019/): The saga of Texas sick leave laws continues! The San Antonio, Texas City Council has approved revisions to the city’s sick leave ordinance, which is now scheduled take effect on December 1, 2019. The ordinance was previously scheduled to become effective on August 1, 2019. However, the regulation was delayed pending a legal challenge less than two weeks before the ordinance’s scheduled effective date. On July 15, 2019, the Texas Attorney General and several business groups filed suit against the City, alleging that the paid sick leave ordinance was unconstitutional because it is preempted by the Texas Minimum Wage Act.  In connection with the […]
- [Artificial Intelligence In Employment Hiring](https://helpdesksuites.com/2019/10/15/artificial-intelligence-in-employment-hiring/): Hey Compliance Warriors! Employment hiring practices are moving progressively. If fact California is promoting using AI when hiring to reduce the chance of discrimination. Read on for find out more about this…
- [DOL's Proposed Regulations On Tip Handling](https://helpdesksuites.com/2019/10/14/dols-proposed-regulations-on-tip-handling/): Hey Compliance Warriors! The Department of Labor has proposed this rule that will hopefully bring some clarification to employees and employers. Read on for the details…
- [7 Tips To Being An Effective Leader](https://helpdesksuites.com/2019/10/08/7-tips-to-being-an-effective-leader/): Hey Compliance Warriors! Being and effective leader is key to managing your organization in a successful way. Here’s some great reminders. Read on…
- [SCOTUS to Rule on LGBT Protections](https://helpdesksuites.com/2019/10/08/scotus-to-rule-on-lgbt-protections/): You may not know it, but today is a highly anticipated day. Today, October 8, 2019, the U.S. Supreme Court is hearing oral arguments on a trio of cases that will determine whether the nation’s most prominent workplace discrimination statute prohibits employment discrimination against LGBT workers. The issue: whether Title VII’s ban against “sex” discrimination covers claims involving sexual orientation and gender identity. Ideally, when the Supreme Court releases their decisions, employers, nationwide, will finally have a definitive answer regarding the extent of the federal civil rights law as it applies to members of the LGBT community. However, any decisions will […]
- [Breaking: DOL Announces New Proposed Rule For Tip Credit Provisions](https://helpdesksuites.com/2019/10/07/breaking-dol-announces-new-proposed-rule-for-tip-credit-provisions/): Hey Compliance Warriors, Breaking news from the DOL today regarding tip credit provisions. Here’s the press release. Read on..
- [Sixth Circuit Rules on Title VII Statutory Limitations](https://helpdesksuites.com/2019/10/06/sixth-circuit-rules-on-title-vii-statutory-limitations/): Employers in the Sixth Circuit (which has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee) may want to review their employment contracts following a recent decision in which the United States Court of Appeals for the Sixth Circuit ruled that employers cannot contractually shorten the statutory limitations period for Title VII claims—except in the arbitration context. Recently the United States Court of Appeals for the Sixth Circuit ruled on Logan v. MGM Grand Detroit Casino. In Logan, Barbrie Logan  worked  as  a  cook  for  MGM  Grand  Detroit  Casino  (“MGM”). Logan began her employment as a culinary utility worker for MGM in August […]
- [Deadline For Sexual Harassment Training in California](https://helpdesksuites.com/2019/10/02/deadline-for-sexual-harassment-training-in-california/): Hey Compliance Warriors! The deadline for sexual harassment training has been extended from January 1, 2020 to January 1, 2021! Read on for the details…
- [IRS Expecting Increase In Information Returns](https://helpdesksuites.com/2019/10/01/irs-expecting-increase-in-information-returns/): Hey Compliance Warriors! IRS has released their “Fiscal Year Return Projections for the United States, Fall 2019 Edition.” Here’s one of the big projections. Read on…
- [U.S. Department of Labor Announces Final Overtime Rule](https://helpdesksuites.com/2019/09/25/u-s-department-of-labor-announces-final-overtime-rule/): The U.S. Department of Labor announced a final ruling to make more American workers eligible for overtime pay under the Fair Labor Standards Act (“FLSA”). A copy of the Department of  Labor’s announcement may be found here [https://www.dol.gov/whd/overtime2019/]. Currently, the FLSA says that certain workers who earn less than $23,700 can earn overtime pay under federal law when they work more than 40 hours in a week.  The current threshold was set by the George W. Bush administration in 2004. Prior to that, it had been $8,060 since 1975. This was not the Department of Labor’s (“DOL”) only recent attempt to […]
- [Injunctive Relief When It Comes To Sexual Harassment](https://helpdesksuites.com/2019/09/25/injunctive-relief-when-it-comes-to-sexual-harassment/): Hey Compliance Warriors! When it comes to sexual harassment cases the main focus should not be all about the settlement. It should be to help the victim and also to take steps for the harasser not to continue the action. Here’s some great information regarding injunctive relief. Read on…
- [Breaking News: DOL Issues Final Overtime Rule](https://helpdesksuites.com/2019/09/24/breaking-news-dol-issues-final-overtime-rule/): Hey Compliance Warriors! The long awaited final overtime rule has been announced! The effective date is January 1, 2020. Read on for all the details…
- [Ex-NFL Players Workers Comp Claim](https://helpdesksuites.com/2019/09/18/ex-nfl-players-workers-comp-claim/): Hey Compliance Warriors! Here’s an interesting case regarding a California judge throwing out an Ex-NFL players workers compensation claims against 5 different teams. Read on..
- [DOL Opinion Letter Regarding Intermittent FMLA](https://helpdesksuites.com/2019/09/18/dol-opinion-letter-regarding-intermittent-fmla/): The United States Department of Labor (“DOL”) has issued an opinion letter advising that eligible employees may take intermittent Family and Medical Leave Act (“FMLA”) leave to attend Individualized Education Program (“IEP”) meetings addressing the educational and special medical needs of their children. The opinion letter, which constitutes formal guidance on the interpretation of the FMLA, expands the use of FMLA leave. A copy of the opinion letter may be found here [https://www.dol.gov/whd/opinion/FMLA/2019/2019_08_08_2A_FMLA.pdf]. Background The DOL’s opinion letter was issued in response to an inquiry from a concerned parent indicating that their employer had not approved a request to take intermittent […]
- [California Looking to Reassess How Gig Workers Are Classified](https://helpdesksuites.com/2019/09/17/california-looking-to-reassess-how-gig-workers-are-classified/): Hey Compliance Warriors! California Supreme Court is looking to pass a law that would have big implications for how independent contractors are being classified. Read on for the details…
- [EEOC Will Not Be Collecting Detailed Compensation Data Next Year](https://helpdesksuites.com/2019/09/16/eeoc-will-not-be-collecting-detailed-compensation-data-next-year/): Hey Compliance Warriors, The EEOC announced on September 11th that the Form EEO-1 will not be collecting detailed compensation data. Read on for more on this announcement…
- [A Tale of Two Districts](https://helpdesksuites.com/2019/09/13/a-tale-of-two-districts/): Conn Appliances, Inc. v. Williams presents an interesting opinion out of the Fifth Circuit Court of Appeals involving a retail installment contract. The case was decided on September 4, 2019. The case arose out of Conn Appliances, Inc.’s (“Conn”), attempts to compel Johnnie F. Williams, Jr., to comply with the terms of Conn’s retail installment contract. When the contract was executed, Williams was a resident of Tennessee, and he entered into the contract with Conn, a Texas corporation, at Conn’s Tennessee store. Although Williams timely paid on the contract at first, he soon began to miss payments.  At that point, Conn […]
- [Purposed Rule Would Change Overtime Calculation For Fluctuating Workweek Employees](https://helpdesksuites.com/2019/09/12/purposed-rule-would-change-overtime-calculation-for-fluctuating-workweek-employees/): Hey Compliance Warriors! The Wage an Hour Division is considering a rule that would revise the way overtime is calculated for fluctuating workweek. Read on for the details on this…
- [SBS 231: FMLA: When Employee Health Insurance Premiums Are Over Due](https://helpdesksuites.com/2019/09/11/125758/): Hey Compliance Warriors! Today we discuss a user question about an employee who’s health insurance premiums are overdue and how to handle this in regard to giving enough notice when canceling their coverage. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!   Transcription   Lisa:  Welcome to another edition of small business Spoonfuls I’m Lisa Smith   Mason: I’m Mason Merrell   Lisa: And today we are talking about another FMLA issue. I know we do a lot of FMLA conversation, but it is probably one of the […]
- [Common Questions Regarding Commission and Bonus Plans](https://helpdesksuites.com/2019/09/10/common-questions-regarding-commission-and-bonus-plans/): Hey Compliance Warriors! Compensation packages usually are made up of commission and bonus plans. Here are some questions to consider when creating these as the employer. Read on…
- [DOL Issues USERRA Fact Sheet 1](https://helpdesksuites.com/2019/09/06/dol-issues-userra-fact-sheet-1/): Hey Compliance Warriors, On August 9th 2019 the DOL issued USERRA fact sheet 1. This will cover guidelines on retirement plan obligations from employers to service members. Read on for the details on this…
- [Update: President Trump Nominates New Head of Department of Labor](https://helpdesksuites.com/2019/09/05/update-president-trump-nominates-new-head-of-department-of-labor/): Hey Compliance Warriors! The new head of the DOL has been nominated. Read on…
- [SBS 30: Marijuana - The ADA v.s. OSHA](https://helpdesksuites.com/2019/09/04/sbs-30-marijuana-the-ada-v-s-osha/): Hey Compliance Warriors! Today we have a short discussion on navigating employer rights when dealing with someone who’s coming to work impaired by the use of medical or legal recreational marijuana. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!   Transcription:     Lisa:  Today we are talking about marijuana usage in the workplace.   Mason: Yup. A lot more States are becoming legalized, now. And so we wanted to kind of give an update on, we’ve touched on it a little bit in previous podcasts just on […]
- [Court Case Concerning Racial Discrimination From Someone Who Has Tourette Syndrome](https://helpdesksuites.com/2019/09/03/court-case-concerning-racial-discrimination-from-someone-who-has-tourette-syndrome/): Hey Compliance Warriors! Here’s an interesting court case concerning an employee who’s arguing they are in a rock and hard place, caught between the ADA and Racial discrimination. Read on..
- [Friendly Office Sports Wagering Legalized In Tennessee](https://helpdesksuites.com/2019/08/30/friendly-office-sports-wagering-legalized-in-tennessee/): Hey Compliance Warriors, With most sports starting to return, that brings back fantasy football and basketball leagues as well. In light of that Tennessee has decided to legalize friendly online sports betting. Read on for the details on this…
- [SBS 229: The Importance of a Good Succession Plan](https://helpdesksuites.com/2019/08/29/sbs-29-the-importance-of-a-good-succession-plan/): Hey Compliance Warriors! We talk today about why organized succession plans are so good for an organization! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: In today’s episode we are talking about succession planning.   Mason: Yep. We’re talking about the leaders of tomorrow.   Lisa: That’s right. So large businesses like really large businesses normally have good succession planning in place. But our average member that we deal with, our average business is less than 500 employees. A lot of them have less than 250, […]
- [Fifth Circuit Confirms A Day Rate of $1,000 Meets the Salary Requirements Under The FLSA's White Collar Overtime Exemptions](https://helpdesksuites.com/2019/08/27/fifth-circuit-confirms-a-day-rate-of-1000-meets-the-salary-requirements-under-the-flsas-white-collar-overtime-exemptions/): On August 21, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Faludi v. U.S. Shale Solutions, L.L.C. that settled an important question, finding that a guaranteed day rate that provides compensation exceeding  at least $455 per week can meet the Fair Labor Standard Act (“FLSA”) salary requirements for the white collar overtime exemptions. In Faludi v. U.S. Shale Solutions, the plaintiff was an attorney that provided strategic solutions to the oil and gas company as an independent contractor. As part of his agreement with the company, the attorney was guaranteed a rate of $1,000 per […]
- [COVID-19 GUIDANCE UNDER § 125 CAFETERIA PLANS AND RELATED TO HIGH DEDUCTIBLE HEALTH PLANS](https://helpdesksuites.com/2020/05/12/covid-19-guidance-under-%c2%a7-125-cafeteria-plans-and-related-to-high-deductible-health-plans/): Hey Compliance Warriors! The IRS released two new notices today regarding Section 125 Plans and High Deductible Health Plans. Good info. Read on…
- [Illinois Releases Sexual Harassment Training Program](https://helpdesksuites.com/2020/05/12/illinois-releases-sexual-harassment-training-program/): Hey Compliance Warriors! The state of Illinois has created its own training program for sexual harassment to be uniform across the state. Here’s what you need to know about it. Read on… Article Via: jacksonlewis.com “The Illinois Department of Human Rights (IDHR) has released a model training program meeting the requirements of the Illinois Human Rights Act (IHRA), which mandates Illinois employers to provide annual sexual harassment prevention training to all employees. Under the IHRA, Illinois employers must train employees on sexual harassment prevention by December 31, 2020, and at least once each year starting in 2021. Enacted in 2019, Public Act 101-0221 […]
- [Virginia Minimum Wage Goes Up - So Do Wage & Hour Claims](https://helpdesksuites.com/2020/05/12/virginia-minimum-wage-goes-up-so-do-wage-hour-claims/): Hey Compliance Warriors! Virginia tried to do right by employees and give the minimum wage a boost. Along with some other legislation changes, now they’re seeing cases crop up because of the new laws. Read on…   Article Via: natlawreview.com “Is Virginia the new California?  That may be an exaggeration, but in April 2020 the Commonwealth took major steps away from its historically pro-employer climate to provide employees and independent contractors with new potential claims.  We previously reported about Virginia’s extension of employment protection to LGBTQ employees and creation of a new state-law employment discrimination cause of action.  Virginia employers should also […]
- [Texas Return to Work Rules Create Confusion](https://helpdesksuites.com/2020/05/11/texas-return-to-work-rules-create-confusion/): Following last weeks’ announcement from Texas Governor Greg Abbott, that retail stores, restaurants, movie theaters and malls will be allowed to reopen means many Texas workers now have a difficult decision to make. There are now multiple reports that some employers who have attempted to bring employees back to work are encountering some employees who do not want to return to work either due to COVId-19 fears or because they receive as much or more through unemployment benefits as they do through working. This creates a difficult decision for both employers and employees.  Employees certainly have the right to feel safe […]
- [Employers Take Note: Litigation Surging Because Of Covid-19](https://helpdesksuites.com/2020/05/11/employers-take-note-litigation-surging-because-of-covid-19/): Hey Compliance Warriors! We’ve been talking about this for weeks, and it’s really starting to kick off now. The litigation against businesses for mismanaging the Covid-19 pandemic is getting worse as more cases pop up daily. In the following article, we’ll see some examples of this and also what employers can do to try and avoid these situations. Article Via: Law.com As the world continues to deal with the health and economic catastrophe created by the COVID-19 pandemic, a potential tsunami of related litigation has begun a slow but steady build. Because the pandemic is unprecedented, predicting the legal fallout left […]
- [Michigan Extends Quarantine While Easing Certain Restrictions](https://helpdesksuites.com/2020/05/11/michigan-extends-quarantine-while-easing-certain-restrictions/): Hey Compliance Warriors! Michigan is boldly passing some legislation to encourage everyone to “stay home, stay safe” – as the governers executive order is referred. There will be changes though, so if you’re a resident of the great state of Michigan, then I encourage you to read on… Article Via: btlaw.com On April 24, Michigan Gov. Gretchen Whitmer signed Executive Order 2020-59, which extends the duration of the measures contained in her previous “Stay Home, Stay Safe” orders – Executive Order 2020-21 and Executive Order 2020-42 – but eases some of those restrictions. It is effective immediately and continues through May 15, 2020. Specifically, the new […]
- [New Supervisor - New Rules](https://helpdesksuites.com/2020/05/11/new-supervisor-new-rules/): Hey Compliance Warriors! Short and sweet article about how expectations can change quickly when you’re working under someone new. This is why you should never let the adage “you can’t teach an old dog new tricks” apply to you. Be willing to adapt to new circumstances. Read on… Article Via: shawe.com The U.S. Court of Appeals for the Eighth Circuit rejected an operations manager’s claim that he was terminated in retaliation for filing a discrimination charge with the Equal Employment Opportunity Commission, finding instead that he was unable to meet the expectations of his new supervisor. In Couch v. American Bottling Co., […]
- [Reopening The U.S. - Considerations For Employers](https://helpdesksuites.com/2020/05/08/reopening-the-u-s-considerations-for-employers/): Hey Compliance Warriors! We’re getting to the point now where many businesses will begin to open their door back up, but we still need to be very cautious during this time. This article will provide some practical recommendations to think about while getting back to business, as well as government-issued rules. Read on… Article Via: hlemploymentblog.com Many U.S. employers are eager to reopen their worksites and to resume more normal in-person operations. But resumption of business while the country continues to face the risk of COVID-19 infections presents significant legal and practical challenges. The nature of these challenges will differ based […]
- [Can You Sue For Contracting Covid-19 At Work?](https://helpdesksuites.com/2020/05/08/can-you-sue-for-contracting-covid-19-at-work/): Hey Compliance Warriors! With many states starting to re-open right now we’re faced with an encroaching second wave of Covid-19 infections if proper and measurable precautions aren’t put in place. For employers, this is hugely difficult but important. Currently, there are numerous cases of employees attempting litigation for allegedly contracting Covid-19 in the workplace. Read on…   Article Via: usatoday.com A handful of states are reopening for business following coronavirus-triggered lockdowns, raising two compelling questions: Must employers ensure the workplace is safe? And will they be held liable if employees contract the virus? The short answer is that while health care […]
- [Guidance On Wage Withholding Requirements While Remote Working](https://helpdesksuites.com/2020/05/07/guidance-on-wage-withholding-requirements-while-remote-working/): Hey Compliance Warriors! More guidance has been provided on the subject of withholding requirements for those that are temporarily working from home because of Covid-19. This is largely a state by state issue, so read carefully to see if you or your employees are affected. Read on… Article Via: faegredrinker.com Nationwide stay-at-home orders issued in response to the COVID-19 pandemic may impact withholding requirements for multistate employers. Employers are generally required to withhold income tax from wages of employees based on where the employee works. Under normal circumstances, when employees work from the employer’s place of business, employee wages are sourced […]
- [EEOC DELAYS EEO DATA COLLECTIONS DUE TO COVID-19 PUBLIC HEALTH EMERGENCY](https://helpdesksuites.com/2020/05/07/eeoc-delays-eeo-data-collections-due-to-covid-19-public-health-emergency/): Hey Compliance Warriors! The U.S. Equal Employment Opportunity Commission (EEOC) will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the Coronavirus Disease 2019 (COVID-19) public health emergency, the agency announced today in a Federal Register notice. Read on…
- [IRS: Three tax credits are available to many businesses hit by COVID-19](https://helpdesksuites.com/2020/05/07/irs-three-tax-credits-are-available-to-many-businesses-hit-by-covid-19/): Hey Compliance Warriors! The Internal Revenue Service today reminds employers affected by COVID-19 about three important new credits available to them. Read on…
- [What Jobs Remain During COVID-19?](https://helpdesksuites.com/2020/05/06/what-jobs-remain-during-covid-19/): Hey Compliance Warriors! Every day we’re seeing more and more economic impact from the Covid-19 epidemic. If you have friends, family, employees you can’t re-hire or anyone in between that are out of work, then this might be a great article for you to share with them. Read on… Article Via: credit.com COVID-19 made official landfall in the United States in January 2020. Since then, it’s had a domino effect on nearly every industry. Businesses have been forced to close or adjust working procedures due to social distancing mandates and stay-at-home orders. And the number of people filing for unemployment has skyrocketed, […]
- [An Brief Look Into COVID-19 Employment Law](https://helpdesksuites.com/2020/05/05/an-brief-look-into-covid-19-employment-law/): Hey Compliance Warriors! We’ve talked about CARES and PPP quite a lot over the last couple of months. However, if you aren’t abreast of the situation, this article will give you a nice quick look into those two acts and what employers need to know during these times. Read on… Article Via: Law.com As state governments issue stay-at-home orders, employment lawyers across the country have been digesting new employment laws, assisting clients in managing layoffs, furloughs, and leaves of absence, and working to keep up with a changing employment landscape. Federal legislation has imposed dramatic, although temporary, changes to the way […]
- [Paid Sick Leave Chart For California Employers](https://helpdesksuites.com/2020/05/04/paid-sick-leave-chart-for-california-employers/): Hey Compliance Warriors! California employers should keep an eye on this. A valuable chart sating per county in California what employers are required to do about employee sick leave. Read on… Article Via: dwt.com “In response to COVID-19, local governments across California have enacted various measures to expand paid sick leave to workers in their jurisdictions. We’ve compiled a chart summarizing the COVID-19 local paid sick leave laws passed in California to date, including Emeryville, Los Angeles, San Francisco, and San Jose. DWT will regularly update this chart as further guidance is received from local governments on recent legislation, and to the […]
- [Will Employers Be Allowed To Mandate Covid-19 Testing?](https://helpdesksuites.com/2020/05/04/will-employers-be-allowed-to-mandate-covid-19-testing/): Hey Compliance Warriors! Changing day by day are the rules employers have to abide by with Covid-19. Testing being mandatory has been talked about quite a bit as well, and now Amazon is in the spotlight on the subject after their annual shareholder meeting. Read on…   Article Via: techcrunch.com COVID-19 commanded an understandably outsized presence in Jeff Bezos’s annual shareholder letter last week. The Amazon exec laid out the company’s plans for addressing the pandemic on a number of different levels, including building a testing lab for employees, along “with regular testing of all Amazonians, including those showing no symptoms.” It […]
- [Let’s Be Safe as We Return to Work](https://helpdesksuites.com/2020/05/02/lets-be-safe-as-we-return-to-work/): As many states are planning to re-open parts of their workforce in the coming weeks, it’s helpful to take a look at some suggestions for how to safely do so. Thankfully, the US Occupational Safety and Health Administration (“OSHA”) has published Guidance for Preparing Workplaces for COVID-19 (“Guidance”), which outlines steps employers can take to help protect their offices and workforce. The Guidance focuses on the need for employers to implement engineering, administrative, work practice controls and personal protective equipment (“PPE”), as well as suggestions for doing so. The Guidance is in addition to several other OSHA standards that may apply. While […]
- [IRS Says Expenses Paid with Forgiven PPP Loans are Not Tax Deductible](https://helpdesksuites.com/2020/05/01/irs-says-expenses-paid-with-forgiven-ppp-loans-are-not-tax-deductible/): Hey Compliance Warriors! The Internal Revenue Service on April 30 issued guidance that states that employers who received loans through the Paycheck Protection Program (PPP) will not be eligible for tax deductions on expenses if payment of those expenses funded by the loan results in the loan being forgiven. Read on…
- [Preparing for an Unemployment Compensation Audit](https://helpdesksuites.com/2020/05/01/preparing-for-an-unemployment-compensation-audit/): Hey Compliance Warriors! Unemployment Compensation audits are about to be a top-level issue for HR and payroll professionals. Are you ready? Do you know what you need to do to get ready for challenges to UI charges and complaints? Read on…
- [EEOC Issues New Guidance on Accommodation Requests](https://helpdesksuites.com/2020/05/01/eeoc-issues-new-guidance-on-accommodation-requests/): Hey Compliance Warriors! Here’s a great article about how we can accommodate employees during the COVID crisis, and also what we don’t have to accommodate as well. We want to be reasonable and make sure we’re following the legal guidelines given to us, though, as we’ll see in this article. Read on…   Article Via: greenbaumlaw.com “On April 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance for employers navigating the complex issues presented by COVID-19 in the workplace. The updated guidance consists of substantive responses to 10 different inquiries regarding employer conduct focused on addressing the pandemic […]
- [New York Rules For Face Mask Requirements For Essential Business Employees](https://helpdesksuites.com/2020/04/29/new-york-rules-for-face-mask-requirements-for-essential-business-employees/): Hey Compliance Warriors! New York is another in a line of states requiring face coverings being worn by essential business employees. Below you’ll see the guidance issued and plenty of questions answered. Read on… Article Via: fisherphillips.com “Governor Cuomo recently issued an Executive Order directing essential businesses to provide face coverings to their employees when in direct contact with customers or members of the public, at the expense of the employer. The New York State Department of Health (NYSDOH) just issued guidance for such essential businesses to comply with the order. What do New York employers need to know? Which Businesses […]
- [Revised M-274, Handbook for Employers is Now Available](https://helpdesksuites.com/2020/04/29/revised-m-274-handbook-for-employers-is-now-available/): Hey Compliance Warriors! USCIS released a revised M-274, Handbook for Employers: Guidance for Completing Form I-9,  with expanded information on properly completing Form I-9, Employment Eligibility Verification. Revisions include updates based on the recent Form I-9 release, as well as policy changes and clarifications. We will be doing a detailed webinar on May 8th. More information to come. See the Home page for details. Read on…
- [Common errors to avoid when filing for advance payment of employer credits](https://helpdesksuites.com/2020/04/29/common-errors-to-avoid-when-filing-for-advance-payment-of-employer-credits/): Hey Compliance Warriors! Employers who are filing Form 7200, Advance Payment of Employer Credits Due to COVID-19 should read the instructions carefully and take their time when completing this form to avoid mistakes. Using a reputable tax preparer – including certified public accountants, enrolled agents or other knowledgeable tax professionals – can also help avoid errors. Mistakes can result in a processing delay, which means it may take longer to get the advanced payment. Here are some common errors to avoid when filling out Form 7200: Read on… Missing or inaccurate Employer Identification Number. Each EIN should be exact. Taxpayers must complete this box. Check […]
- [Covid-Caused Furloughs, Layoffs, Pay Reductions. What Should Employers Do?](https://helpdesksuites.com/2020/04/28/covid-caused-furloughs-layoffs-pay-reductions-what-should-employers-do/): Hey Compliance Warriors! The debate on what to do with our employees has been going on for quite a while now, and it can be a difficult decision to make. To that end, this article makes some very helpful points that employers need to consider when thinking about laying people off, etc. Read on… Article Via: velaw.com “As we all know, COVID-19 has affected the global economy. U.S. companies that are laying off, furloughing or reducing pay for their workers in the United States are also thinking about doing the same with employees (some of whom are U.S. expatriates) who work […]
- [Employers Are Overlooking The CARES Act Employee Retention Credit](https://helpdesksuites.com/2020/04/27/employers-are-overlooking-the-cares-act-employee-retention-credit/): Hey Compliance Warriors! A benefit to the CARES act has been overlooked by employers quite a bit. The ability to receive a tax credit for retaining your current employees. What goes into receiving this credit and how beneficial is it really? Read on… Article Via: velaw.com “Employers faced with difficult decisions about whether to lay off employees have been focusing their attention primarily on two relief measures in the recently enacted CARES Act: (1) the availability of forgivable Paycheck Protection Program (“PPP”) loans for employers who retain their employees on the payroll for eight weeks; and (2) the temporary expansion of […]
- [Texas Appellate Court Shows Non-Competes Are Still Alive and Well in Texas](https://helpdesksuites.com/2020/04/24/texas-appellate-court-shows-non-competes-are-still-alive-and-well-in-texas/): Courts have frequently held that a no-solicitation agreement is unreasonable to the extent it prohibits a former sales employee from soliciting customers the employee did not serve for the employer. In Gehrke v. Merritt Hawkins and Associates, LLC, however, the court of appeals held that a trial court should have allowed a broader restriction barring solicitation of all the employer’s current or prospective clients. The employee in question “was much more than a mere salesman—he was an executive and vice president with intimate knowledge of [the employer’s] confidential business information and trade secrets who also supervised other salesmen.” The court of […]
- [Massachusetts Law Protects Citizens CARE Act Benefits](https://helpdesksuites.com/2020/04/24/massachusetts-law-protects-citizens-care-act-benefits/): Hey Compliance Warriors! We love seeing when our states fight for our rights as citizens. Thankfully Massachusetts Attorney General did just that in regards to the CARE act. Read on…   Article Via: consumerfinancialserviceslawmonitor.com Massachusetts Attorney General Maura Healey issued on Tuesday the latest in a series of orders regarding debt collection in the face of the coronavirus (“COVID-19”) outbreak. The most recent guidance document is aimed at protecting the relief payments that many Americans expect to receive in coming weeks thanks to the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Massachusetts law exempts certain income and property from garnishment or attachment by creditors, including public assistance payments. Public assistance […]
- [Are Your Remotely Working Employees Affecting Tax Rates?](https://helpdesksuites.com/2020/04/22/are-your-remotely-working-employees-affecting-tax-rates/): Hey Compliance Warriors! In the current work world, employers are faced with a strange new challenge. Because of working from home – AKA remote working – there is a chance that the rates at which an employee should be taxed would change. Read on… Article Via: saltsavvy.com Many employees are now telecommuting due to the COVID-19 outbreak.  In our previous blog post, we discussed employers’ potential withholding issues as a result of employees working remotely.  In this blog post, we will discuss potential nexus and apportionment issues due to employees working remotely. In the corporate income tax context, out-of-state employers should consider […]
- [Treasury, IRS announce cross-border tax guidance related to travel disruptions arising from the COVID-19 emergency](https://helpdesksuites.com/2020/04/21/treasury-irs-announce-cross-border-tax-guidance-related-to-travel-disruptions-arising-from-the-covid-19-emergency/): Hey Compliance Warriors! Rapidly changing rules and regulations for the Coronavirus pandemic are leading to new guidance daily. Here are some new IRS notices. Read on…
- [New Guidance For Seattle Area Businesses Issued By CDC](https://helpdesksuites.com/2020/04/21/new-guidance-for-seattle-area-businesses-issued-by-cdc/): Hey Compliance Warriors! Rapidly changing rules and regulations for the Coronavuris pandemic are leading to new guidance daily. This, in particular, is for businesses around Seattle. Being a major coastal metropolis, additional screening is highly recommended. Read on…   Article Via: dwt.com “The Centers for Disease Control (CDC) today issued new guidance for businesses in King, Pierce, and Snohomish Counties to help stem the spread of COVID-19. This guidance both reinforces previous advice about personal hygiene and social distancing, and recommends new measures for employers. While this update focuses on guidance issued for the Puget Sound region, the CDC has also issued […]
- [Additional Guidance on NY State Paid Sick Leave Laws](https://helpdesksuites.com/2020/04/20/additional-guidance-on-ny-state-paid-sick-leave-laws/): Hey Compliance Warriors! New York has been hit hard by the Coronavirus pandemic, but they’re still trying to keep doing everything they can to stay safe and soldier on. Some additional guidance was given for NY employers on the issue of paid sick leave to help out in this difficult time. Read on… Article Via: vedderprice.com “New York State Governor Andrew Cuomo signed legislation on March 18, 2020, that addresses the economic impact of the coronavirus outbreak and provides job-protected paid sick leave benefits to employees who are subject to a government-issued order of mandatory or precautionary quarantine or isolation due […]
- [What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws](https://helpdesksuites.com/2020/04/17/what-you-should-know-about-covid-19-and-the-ada-the-rehabilitation-act-and-other-eeo-laws/): Hey Compliance Warriors! Today, the EEOC updated its ADA and EEO FAQs. Wow! That is a lot of alphabet soup! Read on…
- [White House Launches Plan to Reopen the Economy](https://helpdesksuites.com/2020/04/17/white-house-launches-plan-to-reopen-the-economy/): Hey Compliance Warriors! President Trump has unveiled Guidelines for Opening Up America Again, a three-phased approach based on the advice of public health experts. These steps will help state and local officials when reopening their economies, getting people back to work, and continuing to protect American lives. Read on…
- [IRS Economic Stimulus Status Tracker](https://helpdesksuites.com/2020/04/15/irs-economic-stimulus-status-tracker/): Hey Compliance Warriors! Today the IRS launched a helpful application that will tell you the status of your (roughly) 1200$ individual stimulus check. Since distribution started this past Saturday, millions of people are already frantically wondering where their portion of the stimulus fund is. Thankfully, finding out seems pretty simple via the provided link and instructions from the IRS. www.irs.gov/coronavirus/get-my-payment Didn’t File a Return in 2018 or 2019? If you have a filing requirement and have not filed a tax return for 2018 or 2019, you must file a 2019 tax return to receive the payment. If you are not required to file a […]
- [Employers Still Concerned About CARES Act Despite DOL Guidance](https://helpdesksuites.com/2020/04/15/employers-still-concerned-about-cares-act-despite-dol-guidance/): Hey Compliance Warriors! There are still a number of employers voicing their concern about the CARES act and how it will affect their businesses. Below is an explanation of the expansion of the CARES act. Read on… Article Via: littler.com “On April 2, 2020, the U.S. Department of Labor (DOL) issued new guidance on unemployment insurance (UI) for states responding to COVID-19, under the recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act. UI Benefits, Coordination Explained The guidance explains an employee’s entitlement to leave under the various expanded unemployment leave programs created by the CARES Act, which builds on the […]
- [Is Your Company Staying H-1B & E-3 Compliant?](https://helpdesksuites.com/2020/04/14/is-your-company-staying-h-1b-e-3-compliant/): Hey Compliance Warriors! A very good point was brought out in this article about H-1B & E-3 compliance. With the financial strain many companies are facing, added fees and fines that can be avoided should be avoided. Read on… Article Via: gtlaw-insidebusinessimmigration.com “In almost every state, companies have instituted temporary work from home policies—or have been instructed by government authorities to institute such policies—in response to the coronavirus (COVID-19), in an effort to “flatten the curve” and stop the spread of the virus.  In so doing, companies that regularly employ H-1B and E-3 visa holders may need to review and revise compliance […]
- [How The Coronavirus Is Affecting "Gig Workers"](https://helpdesksuites.com/2020/04/13/how-the-coronavirus-is-affecting-gig-workers/): Hey Compliance Warriors! This article is a great read and really highlights some of the issues that need to be addressed when it comes to employees and economic hardship. Obviously nobody ever wants another large-scale shutdown to happen like it is currently, but if it does, what will we learn from it happening right now to make sure the next one isn’t so economically catastrophic? Read on… Article Via: lexology.com “COVID-19 has highlighted that during times of crisis the underlying difference in the way gig-economy workers and traditional employees are treated needs to be addressed. Samantha Gilbert looks at why companies […]
- [California COVID-19 Related Laws and Ordinances are Increasing](https://helpdesksuites.com/2020/04/13/california-covid-19-related-laws-and-ordinances-are-increasing/): Hey Compliance Warriors! California COVID-19 related laws are changing and being “added-on” daily. Check out some of the latest information. Read on…
- [U.S. DEPARTMENT OF LABOR PUBLISHES LATEST GUIDANCE REGARDING PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM](https://helpdesksuites.com/2020/04/13/u-s-department-of-labor-publishes-latest-guidance-regarding-pandemic-emergency-unemployment-compensation-program/): Hey Compliance Warriors! The U.S. Department of Labor’s Employment and Training Administration (ETA) today announced the publication of Unemployment Insurance Program Letter (UIPL) 17-20, which provides further guidance to states as they implement the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including the Pandemic Emergency Unemployment Compensation (PEUC) program. Read on…
- [U.S. DEPARTMENT OF LABOR ISSUES ENFORCEMENT GUIDANCE FOR RECORDING CASES OF COVID-19](https://helpdesksuites.com/2020/04/13/u-s-department-of-labor-issues-enforcement-guidance-for-recording-cases-of-covid-19/): Hey Compliance Warriors!  The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued interim guidance for enforcing OSHA’s recordkeeping requirements (29 CFR Part 1904) as it relates to recording cases of COVID-19. Read on…
- [New York Enacts Statewide Sick Leave Law](https://helpdesksuites.com/2020/04/13/new-york-enacts-statewide-sick-leave-law/): Hey Compliance Warriors! New York State Governor Andrew Cuomo has signed a comprehensive budget bill that amends the New York Labor Law to require all New York employers to provide paid or unpaid sick leave to their employees.  Read on…
- [EEOC ISSUES UPDATED COVID-19 TECHNICAL ASSISTANCE PUBLICATION](https://helpdesksuites.com/2020/04/09/eeoc-issues-updated-covid-19-technical-assistance-publication/): Hey Compliance Warriors! The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic. Read on…
- [Supreme Court Deals Employers A Win In § 1981 Claims](https://helpdesksuites.com/2020/04/08/supreme-court-deals-employers-a-win-in-%c2%a7-1981-claims/): In an effort to take a brief reprieve from the pandemic that has literally swept the nation, this week, we are going to take a look at a Supreme Court decision that was handed down on March 23, 2020. In Comcast Corp. v. National Association of African American-Owned Media et al., the United States Supreme Court held that the “but-for” causation standard applies to racial bias claims under §1981 of the Civil Rights Act of 1866. The decision is a win for employers, as it means that §1981 plaintiffs must prove that but for race, the defendant would not have made […]
- [U.S. DEPARTMENT OF LABOR PUBLISHES NEW CORONAVIRUS OSHA POSTER](https://helpdesksuites.com/2020/04/07/u-s-department-of-labor-publishes-new-osha-poster-aimed-at-reducing-workplace-exposure-to-the-coronavirus/): Hey Compliance Warriors! The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued a new poster listing steps all workplaces can take to reduce the risk of exposure to coronavirus. Read on…
- [U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE FOR RESPIRATORY PROTECTION DURING N95 SHORTAGE DUE TO COVID-19 PANDEMIC](https://helpdesksuites.com/2020/04/03/u-s-department-of-labor-issues-guidance-for-respiratory-protection-during-n95-shortage-due-to-covid-19-pandemic/): Hey Compliance Warriors! The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued interim enforcement guidance to help combat supply shortages of disposable N95 filtering face piece respirators (N95 FFRs). The action marks the department’s latest step to ensure the availability of respirators and follows President Donald J. Trump’s Memorandum on Making General Use Respirators Available. Read on…
- [What Can Employers Ask and Disclose About the Coronavirus? EEOC Has Answers.](https://helpdesksuites.com/2020/04/03/what-can-employers-ask-and-disclose-about-the-coronavirus-eeoc-has-answers/): Hey Compliance Warriors! As employers, we tend to feel like we have to know EVERYTHING going on with our employees. But frankly, there are questions we can and can’t ask, and an employer can get into some BIG trouble for saying the wrong thing. Well the EEOC has made an official video about the do’s and don’t of this subject. The video is the full in-depth overview the EEOC provided, while the article is an abbreviated explanation of some common questions. Read on… Article Via: globest.com “The coronavirus pandemic has upended workplaces across industries, flooding labor and employment lawyers with questions […]
- [U.S. DEPARTMENT OF LABOR ANNOUNCES NEW PAID SICK LEAVE AND EXPANDED FAMILY AND MEDICAL LEAVE IMPLEMENTATION](https://helpdesksuites.com/2020/04/01/u-s-department-of-labor-announces-new-paid-sick-leave-and-expanded-family-and-medical-leave-implementation/): Hey Compliance Warriors! The U.S. Department of Labor today announced new action regarding how American workers and employers will benefit from the protections and relief offered by the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA). The department’s Wage and Hour Division (WHD) posted a temporary rule issuing regulations pursuant to this new law, effective today, April 1, 2020.  Read on…
- [States Begin to Modify Their Mini-WARN Statutes](https://helpdesksuites.com/2020/04/01/states-begin-to-modify-their-mini-warn-statutes/): The Workers Adjustment and Retraining Notification (“WARN”) Act requires employers with over 100 employees to follow certain notice requirements when laying off employees. 20 C.F.R. 693.6.  WARN requires employers with 100 employees or more to give affected workers at least 60 days’ notice of any plant closing or mass layoff, with exceptions for, among others, “unforeseeable business circumstances.” In short, a “plant closing” occurs when a facility is closed for 60 or more days, and a mass layoff occurs when a layoff, lasting at least six months, affects either: 500 or more workers, or at least 33% of the workforce when the […]
- [USCIS Suspends Appointments & Closes Offices](https://helpdesksuites.com/2020/04/01/uscis-suspends-appointments-closes-offices/): Hey Compliance Warriors! At this point, we’re all too familiar with the ramifications of COVID-19 on our world. As of a few days ago, the Citizenship and Immigration Services in the US have suspended activities in their offices, putting one more brick in the proverbial wall every country seems to be building around itself in this time of crisis. Read on… Article Via: hrlegalist.com “U.S. Citizenship and Immigration Services has announced that, effective immediately, it is temporarily closing many of its offices and in-person services. Please see here for specific details and up to date information on this and specific field office […]
- [IRS: Employee Retention Credit available for many businesses financially impacted by COVID-19](https://helpdesksuites.com/2020/03/31/irs-employee-retention-credit-available-for-many-businesses-financially-impacted-by-covid-19/): Hey Compliance Warriors! The Treasury Department and the Internal Revenue Service today launched the Employee Retention Credit, designed to encourage businesses to keep employees on their payroll. The refundable tax credit is 50% of up to $10,000 in wages paid by an eligible employer whose business has been financially impacted by COVID-19.  Read on…
- [Everify SELF CHECK HAS NEW TNC FEATURES!](https://helpdesksuites.com/2020/03/31/everify-self-check-has-new-tnc-features/): Hey Compliance Warriors! Users who receive a TNC and choose to resolve now have eight (8) federal working days to take action. A system-generated Further Action Notice (FAN) and a Referral Date Confirmation letter will be issued to the user as proof their case has been referred to either DHS, SSA or both. Read on…
- [DHS grants flexibility for Form I-9 compliance](https://helpdesksuites.com/2020/03/31/dhs-grants-flexibility-for-form-i-9-compliance/): Hey Compliance Warriors! Since the COVID-19 has everyone worldwide in crunch overtime problem-solving mode, a new regulation was given to us by the DHS regarding I-9 compliance. These measures are temporary but will no doubt help cut businesses some slack in a time when we could use a little. Read on… Article Via: ice.gov “Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland Security (DHS) announced today that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the […]
- [How Hackers Are Taking Advantage Of The COVID-19 Epidemic](https://helpdesksuites.com/2020/03/30/how-hackers-are-taking-advantage-of-the-covid-19-epidemic/): Hey Compliance Warriors! I wanted to share today an article involving the security of your business! There seems to be a large uptick in cybersecurity issues, as the passing of information over the internet goes up with everyone being at home. This article provides some great tips to avoid these potential threats and keep yourself safe! Read on… Article Via: fisherphillips.com “As people across the world react to the rapid spread of COVID-19, a new threat is emerging; individuals and employers face a risk from hackers trying to take advantage of the demand for information. Hackers have begun using fake government […]
- [Paycheck Protection Program, a SBA Loan Program: CARES ACT](https://helpdesksuites.com/2020/03/28/paycheck-protection-program-a-sba-loan-program-cares-act/): Hey Compliance Warriors! The Coronavirus Aid, Relief and Economic Security Act  – also known as CARES – became law containing an unprecedented level of emergency funds and tax credits for individuals, families, and businesses affected by the coronavirus pandemic. Read on…
- [DOL Issues 3 New Opinion Letters](https://helpdesksuites.com/2020/03/26/dol-issues-3-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced three new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. Read on… The opinion letters issued today are: FLSA2020-3: Addressing excludability of longevity payments from the regular rate of pay. FLSA2020-4: Addressing excludability of referral bonuses from the regular rate of pay. FLSA2020-5: Addressing excludability of an employer’s contributions to a group-term life […]
- [Families First Coronavirus Response Act: Questions and Answers About Posters](https://helpdesksuites.com/2020/03/25/families-first-coronavirus-response-act-questions-and-answers-about-posters/): Hey Compliance Warriors! Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.  Read on… Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA) Federal Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA) Where do I post this notice? Since […]
- [Families First Coronavirus Response Act: Questions and Answers](https://helpdesksuites.com/2020/03/25/families-first-coronavirus-response-act-questions-and-answers/): Hey Compliance Warriors! As provided under the legislation, the U.S. Department of Labor will be issuing implementing regulations. Additionally, as warranted, the Department will continue to provide compliance assistance to employers and employees on their responsibilities and rights under the FFCRA.  UPDATED 3.28.2020    Read on… DEFINITIONS “Paid sick leave” – means paid leave under the Emergency Paid Sick Leave Act. “Expanded family and medical leave” – means paid leave under the Emergency Family and Medical Leave Expansion Act. QUESTIONS & ANSWERS What is the effective date of the Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act […]
- [Families First Coronavirus Response Act: Employer Expanded Family and Medical Leave Requirements](https://helpdesksuites.com/2020/03/24/families-first-coronavirus-response-act-employer-expanded-family-and-medical-leave-requirements/): Hey Compliance Warriors! The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with expanded family and medical leave for specified reasons related to COVID-19.[1] The Department of Labor’s (Department) Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. These provisions will apply from the effective date through December 31, 2020. Read on… Generally, the Act provides that covered employers must provide to all employees:[2] Two weeks (up to 80 hours) of expanded family and medical leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined […]
- [Families First Coronavirus Response Act (FFCRA): Be a Part of the Solution](https://helpdesksuites.com/2020/03/23/families-first-coronavirus-response-act-ffcra-be-a-part-of-the-solution/): Hey Compliance Warriors! Are you frustrated because you need more answers and support from DOL regarding the new Families First Coronavirus Response Act (FFCRA)? Are you ready to become a part of the solution?  Read on… The U.S. Department of Labor will be hosting a national online dialogue to provide employers and employees with an innovative opportunity to offer their perspective as the Department develops compliance assistance materials and outreach strategies related to the implementation of the Families First Coronavirus Response Act (FFCRA).   The ideas and comments gathered from this dialogue will inform compliance assistance guidance, resources, and tools, as well […]
- [Furlough and Layoff FAQs from the DOL](https://helpdesksuites.com/2020/03/21/furlough-and-layoff-faqs-from-the-dol/): Hey Compliance Warriors! The following information is intended to answer some of the most frequently asked questions that have arisen when private and public employers require employees to take furloughs and to take other reductions in pay and / or hours worked as businesses and State and local governments adjust to economic challenges. Read on…
- [Families First Coronavirus Response Act Key Takeaways](https://helpdesksuites.com/2020/03/20/families-first-coronavirus-response-act-key-takeaways/): Hey Compliance Warriors! Today the U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (Labor) announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees. This relief to employees and small and midsize businesses is provided under the Families First Coronavirus Response Act (Act), signed by President Trump on March 18, 2020.The Act will help the United States combat and defeat COVID-19 by giving all American businesses with fewer than 500 employees […]
- [What You Should Know About the ADA, the Rehabilitation Act, and COVID-19](https://helpdesksuites.com/2020/03/20/what-you-should-know-about-the-ada-the-rehabilitation-act-and-covid-19/): Hey Compliance Warriors! The EEOC enforces workplace anti-discrimination laws including the Americans with Disabilities Act (ADA) and the Rehabilitation Act, including the requirement for reasonable accommodation and rules about medical examinations and inquiries.   Read on… Updated on March 19, 2020 The ADA and Rehabilitation Act rules continue to apply, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19. Employers should remember that guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the […]
- [DHS announces flexibility in requirements related to Form I-9 compliance](https://helpdesksuites.com/2020/03/20/dhs-announces-flexibility-in-requirements-related-to-form-i-9-compliance/): Hey Compliance Warriors! Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland Security (DHS) announced today that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA). Read on…
- [FLSA Verdict Against Martina McBride’s Production Company](https://helpdesksuites.com/2020/03/20/flsa-verdict-against-martina-mcbrides-production-company/): Hey Compliance Warriors! This is a wild ride of a retaliation suit. Spanning several years and multiple incidents, this is a good lesson in the do’s and don’ts of having unpaid interns on staff. Read on… Article Via: employmentlawinsights.com “A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor Standards Act (FLSA). The Facts Martina McBride and her husband, John, own Blackbird Studios, which hired Richard Hanson as its operations manager in 2012. According to the decision […]
- [Do You Need To Keep OSHA Logs?](https://helpdesksuites.com/2020/03/20/do-you-need-to-keep-osha-logs/): Hey Compliance Warriors! Are you OSHA compliant? Today, we’re going to find out! Here’s an article on one aspect of being safe from OSHA fines. Read on… Article Via: fisherphillips.com “The Occupational Safety and Health Act (“OSH Act”) requires covered employers to meet several reporting requirements to prove compliance. At this time of the year, many covered employers have posted (or should have posted) OSHA Form 300A for injuries and illnesses that occurred in 2019. Covered employers are also preparing to electronically submit Form 300A summary data to OSHA by March 2. Inevitably, compliance with OSHA’s reporting rules leads to employer […]
- [Telework and Telecommuting Series - Pt.10](https://helpdesksuites.com/2020/03/20/telework-and-telecommuting-series-pt-10/): Hey Compliance Warriors! Welcome to the last part of the series. We’ll go over some additional challenges to think about daily when you’re working from home and what they could mean for you. Read on…   Part Ten: Additional Challenges Many factors such as communication and organization can cause problems on a team of teleworkers, but there are many other things that can cause a challenge in the ‘office environment’. Some of them can be addressed beforehand and can even try to be prevented. Others, however, can occur suddenly and can range in severity. The key is to help employees be prepared […]
- [Telework and Telecommuting Series - Pt.9](https://helpdesksuites.com/2020/03/20/telework-and-telecommuting-series-pt-9/): Hey Compliance Warriors! This is part two of our communication discussion. We’ll continue to look at some really important points to consider. Because we don’t just need to consider our work communication, but the people we live with, too. Read on…   Tired of doing hours of research? With HelpDesk Deluxe Suite you will have all the tools you need with unmatched support. Or, simply ask us any questions and let us do the research for you! More info Part Nine: Communication Sometimes even when we learn how to effectively communicate, we can forget to put what we’ve learned into action. […]
- [Telework and Telecommuting Series - Pt.7](https://helpdesksuites.com/2020/03/19/telework-and-telecommuting-series-pt-7/): Hey Compliance Warriors! This is the second part of our organizing and planning section. There are many things to consider when we’re getting set up to work a home office, so let’s go over a few more of them. Read on…   Part Seven: Organizing and Planning Organizing our home office or other work space can have great benefits for our productivity. When we organize and plan for the physical space, we are able to access our materials sooner and do not waste time trying to sift through them. When we organize our workflow, our productivity runs smoother and we’re able to […]
- [Telework and Telecommuting Series - Pt.8](https://helpdesksuites.com/2020/03/19/telework-and-telecommuting-series-pt-8/): Hey Compliance Warriors! This section will go over communication and why it’s vitally important to your productivity. We don’t want to be doing overlapping work or change up projects and not know about it, right? Read on…   Part Eight: Communication Communication is one of the most important tools in the workplace. Whether in the same office or several miles apart in remote locations, communication is the key to having a successful team. With so many options available in the workplace (email, instant message, phone calls), the team should be aware of the best way to communicate with each other and […]
- [STATES BEGIN TO EXPAND UNEMPLOYMENT BENEFITS IN RESPONSE TO COVID-19](https://helpdesksuites.com/2020/03/19/states-begin-to-expand-unemployment-benefits-in-response-to-covid-19/): With all of the recent negative news, its nice to see that our federal government is taking steps to help ease the county’s economic strife. According to the U.S. Department of Labor Unemployment Insurance Program Letter No. 10-20, states can pay unemployment insurance benefits to workers who miss time on the job because of the spread of the new coronavirus and efforts to combat it. Last week, the Department of Labor released guidance to states on how they can amend their laws to offer jobless benefits to workers impacted by Covid-19, the disease also known as the coronavirus. The Labor Department […]
- [Telework and Telecommuting Series - Pt.5](https://helpdesksuites.com/2020/03/18/telework-and-telecommuting-series-pt-5/): Hey Compliance Warriors! Because time management is so important, we’ve divided it into two sections. This is a continuation of the previous article. Read on…   Tired of doing hours of research? With HelpDesk Deluxe Suite you will have all the tools you need with unmatched support. Or, simply ask us any questions and let us do the research for you! More info Part Five: Time Management Effective time management can have many benefits for any employee. Teleworkers and virtual teams can benefit even more from these skills since they are responsible for managing their own time and assignments. By understanding […]
- [Telework and Telecommuting Series - Pt.6](https://helpdesksuites.com/2020/03/18/telework-and-telecommuting-series-pt-6/): Hey Compliance Warriors! We don’t want to just “wing it” when it comes to our livelihood. Having a plan and keeping organized can be a big help to all of us working from home. Even if you don’t have physical paperwork to keep track of, having your E-files properly sorted in your computer, etc. can be a big help. Read on…   Part Six: Organizing and Planning Keeping track of our office activities helps us make efficient use of our time and can keep us focused throughout our assignments. For teleworkers, organizing and planning their work days plays a big part in […]
- [New Jersey Employers Required To Offer Pre-Tax Transportation Benefit](https://helpdesksuites.com/2020/03/18/new-jersey-employers-required-to-offer-pre-tax-transportation-benefit/): Hey Compliance Warriors! A very interesting new employee benefits law has been enacted in New Jersey. A pretty succinct explanation is detailed below. Read on… Article Via: haynesboone.com New Jersey enacted Senate Bill No. 1567 (the “Senate Bill”), which requires every employer in New Jersey that employs at least 20 persons, excluding employees covered by a collective bargaining agreement, to offer a pre-tax transportation fringe benefit to all of its employees in New Jersey, effective as of March 1, 2020. A pre-tax transportation fringe benefit allows an employee to set aside wages on a pre-tax basis to purchase eligible transportation services, […]
- [COVID-19 in the Workplace: Key HR Issues](https://helpdesksuites.com/2020/03/17/coronavirus-in-the-workplace-key-hr-issues/): Hey Compliance Warriors! The spread of the novel coronavirus (COVID-19) has gone from a handwashing and elbow-bumping conversation to the most significant workplace issue we have ever seen. Employers are confronting dilemmas that change every day. Questions regarding how to handle emergency leave, workplace safety and health, furloughs, layoffs, and mandated closing of businesses along-side all the other employment issues that will still be there waiting once this crisis comes to a close. Read on…
- [Helpful Precautions For Employers Vs. Coronavirus](https://helpdesksuites.com/2020/03/17/helpful-precautions-for-employers-vs-coronavirus/): Hey Compliance Warriors! Yes, we had a Coronavirus post last week, but why not another? These are both from different sources but using CDC based materials. With so much threat from the virus surrounding us, we don’t want to create panic, we want to create a plan. If you didn’t see last week’s post, then Read on… Article Via: hr.dickinson-wright.com “It is now impossible to avoid the reality that the coronavirus disease 2019 (COVID-19, the “coronavirus”), is a “public health emergency of international concern,” according to the Centers for Disease Control and Prevention (“CDC”).[i] As of publication, the coronavirus is not spreading in the […]
- [Coronavirus Disease (COVID-19) – FAQs California Labor Commissioner](https://helpdesksuites.com/2020/03/17/coronavirus-disease-covid-19-faqs-california-labor-commissioner/): Hey Compliance Warriors! Here is a nice FAQ from California explaining provisions for COVID-19 issues and how CA employers should handle sick leave and such. Read on…
- [Telework and Telecommuting Series - Pt.1](https://helpdesksuites.com/2020/03/16/telework-and-telecommuting-series-pt-1/): Hey Compliance Warriors! For some people, working from home can seem like a dream opportunity. But they may not realize that this kind of position comes with a great amount of responsibility and challenges. Since these employees are not working in a centralized office, they may have the advantage of having flexible schedules and shorter or no commute, they can have disadvantages when it comes to receiving feedback and being able to communicate with teammates. Read on…   Part One: Core Skills Required As with any job position, certain skills and abilities are needed to be a successful teleworker and member […]
- [Employer Shared Responsibility Payment Not Subject To Statute Of Limitations](https://helpdesksuites.com/2020/03/16/employer-shared-responsibility-payment-not-subject-to-statute-of-limitations/): Hey Compliance Warriors! I know we’re all huge fans of the IRS and the flaming hoops they have us jump through each year to file our taxes. With tax season upon us, here’s a reminder article that may help out. Read on… Article Via: kilpatricktownsend.com “The Internal Revenue Service (IRS)’s Office of Chief Counsel recently issued a memorandum (the “CCM”) announcing that the Employer Shared Responsibility Payment (“Employer Penalty”) under Code Section 4980H is effectively not subject to the Code’s general statute of limitations.  This is unwelcome news to employers who may have thought that by filing Forms 1094 and 1095 they were […]
- [Telework and Telecommuting Series - Pt.2](https://helpdesksuites.com/2020/03/16/telework-and-telecommuting-series-pt-2/): Hey Compliance Warriors! Often we see managers as nothing but a nuisance. Then when we try to manage ourselves, we quickly realize that things can go off the rails if we aren’t disciplined enough. Let’s look into how to handle this situation a bit more. Read on…   Part Two: Self-Management While self-management can mean different things in different fields, for teleworkers it means being able to manage your job duties and responsibilities on your own, with very little supervision from management. This requires a lot of self-discipline and a sense of self-awareness as to what the employee is capable of […]
- [Court Ruling States Salary History Does Not Justify Wage Disparities Between Genders](https://helpdesksuites.com/2020/03/13/court-ruling-states-salary-history-does-not-justify-wage-disparities-between-genders/): Hey Compliance Warriors! Not too long ago we posted an article about wage gap law in Philidelphia and the trend continues. In multiple other places, rulings are being passed of various scopes to eliminate discrimination when it comes to wage gaps. Read On… Article Via: leechtishman.com “On February 27, 2020, the Ninth Circuit Court of Appeals ruled that a female employee’s prior pay history is not a defense to an Equal Pay Act (EPA) claim that a female was paid less than a male for the same work. The 9th Circuit now follows the holding of the majority of circuits to limit the affirmative defense of “factors […]
- [COVID-19 Impact On OSHA Enhanced Abatements](https://helpdesksuites.com/2020/03/13/covid-19-impact-on-osha-enhanced-abatements/): Hey Compliance Warriors! Part of being audit secure is looking at an issue from every angle. Even if that issue hasn’t arisen yet, we can always do our best to be prepared for a situation to arise. This article brings out one such potential problem. Read on… Article Via: oshachronicle.com “It is not unusual for OSHA to request “enhanced abatements” when resolving citations. Enhanced abatement is when an employer agrees to perform certain abatement actions beyond the recognized hazard in the specifically cited standard. For example, if an employer receives a machine guarding citation for failure to guard machine A, OSHA […]
- [COVID-19 Ted Talk Given By Alanna Shaikh](https://helpdesksuites.com/2020/03/12/covid-19-ted-talk-given-by-alanna-shaikh/): Hey Compliance Warriors! This is a wonderful video that we can all glean something from. It includes some large scale and small scale solutions about COVID-19, goes into a reasonably simple but informative explanation of the virus and what it can do to you, and more. There are some subtle viewpoints that people may disagree with, but Alanna is an expert on these situations and has some great insights for everyone to think about. Watch on… About LISA SMITH Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and […]
- [Telework and Telecommuting Series - Pt.4](https://helpdesksuites.com/2020/03/12/telework-and-telecommuting-series-pt-4/): Hey Compliance Warriors! Time management can be difficult for anyone. It’s most often the quality people in the workforce are told they need to improve upon. We know our work lives can be chaotic WITHOUT the distractions of home life put into the mix, but let’s see how we can manage both. Read On…   Part Four: Time Management Proper time management is a choice that we all have to make in our professional and personal lives. Managing our time successfully can make the difference between completing projects and falling behind in our duties and activities, which can lead to disciplinary […]
- [Telework and Telecommuting Series - Pt.3](https://helpdesksuites.com/2020/03/12/telework-and-telecommuting-series-pt-3/): Hey Compliance Warriors! A continuation of the necessary skills and discipline for self-management. We might think working from home will be the same as office life, but you’ll quickly learn that is can be (and usually is) a very different experience. Read on… Part Three: Self-Management Self-management can cover a wide range of aspects and situations. Self-discipline plays a large factor in how we handle our everyday activities and actions. Often times we may ignore what needs to be fixed first since we do not want to admit our own faults or shortcomings. But a part of self-discipline is being able […]
- [Coronavirus and Commercial Contracts](https://helpdesksuites.com/2020/03/11/coronavirus-and-commercial-contracts/): As you may have heard, Coronavirus (COVID-19) is sweeping the country – and not in a good way. There has been plenty of discussions about working remotely and health precautions around the office. But, it’s also important to remember that Coronavirus may impact your commercial contracts as well. If you have not yet begun to think about the Coronavirus’s potential impact, now is the time to start planning. The first place to look is your contract’s Force Majeure provision. “Force Majeure” is the provision in a contract that defines occurrences that are outside and beyond the control of the parties (acts […]
- [Paid Sick Leave Made Mandatory In Pittsburgh](https://helpdesksuites.com/2020/03/11/paid-sick-leave-made-mandatory-in-pittsburgh/): Hey Compliance Warriors! Not too long ago, I’d posted an article on this subject. This article, however, goes into the details of the newly enacted law. As the title suggests starting March 15th it will be a requirement for Pittsburgh employers to provide sick leave for their employees. Obviously, this law is not without its caveats, which are discussed in the following article. Read on… Article Via: leechtishman.com “After more than four years of legal challenges, the city of Pittsburgh’s Paid Sick Days Act becomes effective March 15, 2020. “The Ordinance guarantees an opportunity for covered employees to acquire paid sick time […]
- [DOL / OSHA Publishes COVID-19 (Coronavirus) Guidance for Employers](https://helpdesksuites.com/2020/03/11/dol-osha-publishes-covid-19-coronavirus-guidance-for-employers/): Hey Compliance Warriors! The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today published “Guidance on Preparing Workplaces for COVID-19” to help companies respond in the event of coronavirus in the workplace. The guidance was developed in collaboration with the U.S. Department of Health & Human Services (HHS). Read on…
- [Let’s Take a Walk on the Insurance Side](https://helpdesksuites.com/2020/03/10/lets-take-a-walk-on-the-insurance-side/): Generally, this weekly post is somewhat related to the realm of Employment Law or HR topics. However, this week I decided to take a brief jump over into the realm of Insurance Law – primarily because I thought this recent case out of the United States District Court Western District of Texas El Paso Division was interesting. In summary, in Pease v. State Farm Lloyds, the court granted State Farm’s motion to dismiss Pease’s claim for damages following his own injury, which occurred on his property. To dig into the facts a bit, in Pease, State Farm issued a businessowners liability […]
- [CDC Given Tips To Combat The Coronavirus](https://helpdesksuites.com/2020/03/10/cdc-coronavirus-tips-for-employers/): Hey Compliance Warriors! There’s been a lot of misinformation and undue panic spread around about COVID-19, aka the Coronavirus. Thankfully the CDC is on top of things as usual and is putting out tips and information for employers to stay on top of the threat of a possible outbreak. Remember – washing your hands is more important and effective than hand sanitizer! Read on… Article Via: shawe.com “Last month, pending official guidance for employers from the Centers for Disease Control on how to address Coronavirus (which has now been named COVID-19), we provided recommendations to employers in our January Top Tip […]
- [Final Joint Employer Ruling On Independent Contractor Misclassification Claims](https://helpdesksuites.com/2020/03/09/final-joint-employer-ruling-on-independent-contractor-misclassification-claims/): Hey Compliance Warriors! We posted about joint employer rulings now too long ago, and this is the final update on the subject. This looks to be favorable to employers by minimizing liability in certain situations, but the article goes into more specifics on the subject. Read on…   Article Via: independentcontractorcompliance.com “Many companies that operate their businesses on an independent contractor model or supplement their workforce with ICs may be wondering if they will be impacted by the U.S. Department of Labor’s final rule on joint employer status, which was informally released today.  They are likely asking, “Does this final rule […]
- [How To Properly Terminate An Employee - Blog Series Pt.10](https://helpdesksuites.com/2020/03/06/how-to-properly-terminate-an-employee-blog-series-pt-10/): Hey Compliance Warriors! It’s time for the final part of our blog series. We hope you’ve enjoyed the information presented and found it helpful. The final part will detail how to conduct an exit interview, even after the termination process. Tired of doing hours of research? With HelpDesk Deluxe Suite you will have all the tools you need with unmatched support. Or, simply ask us any questions and let us do the research for you! More info Chapter Ten: Conduct Effective Exit Interviews    An exit interview is typically completed when an employee leaves voluntarily or is part of a company […]
- [Should Employers Foot The Bill For Medical Marijuana?](https://helpdesksuites.com/2020/03/06/should-employers-foot-the-bill-for-medical-marijuana/): Hey Compliance Warriors! It seems like at least once a week we find new and interesting information in the world of medical marijuana and employment law. Of course, this continues to be a growing area of legal mayhem as new laws are implemented, and this week’s topic point continues that tradition. Read on…   Article Via: laboremploymentreport.com “Apparently yes – at least in New Jersey. In Hager v. M&K Construction, a New Jersey state appellate court recently affirmed a workers’ compensation judge’s order for an employer to reimburse a former employee for his use of medical marijuana for chronic pain following […]
- [How To Properly Terminate An Employee - Blog Series Pt.9](https://helpdesksuites.com/2020/03/05/how-to-properly-terminate-an-employee-blog-series-pt-9/): Hey Compliance Warriors! Part nine of our series is a continuation of what we need to avoid to conduct a successful termination meeting with an employee. Because there are so many possible outcomes that can transpire when we fire someone, we need to do everything we can to make the transition as seamless and painless as possible to minimize any potential blowback.   Part Nine: The “Don’ts” of Firing an Employee – Section II    Once an employee has been told they are fired, many managers believe that is the end of the process.  However, there are still many factors to cover […]
- [COVID-19 aka Corona Virus Guide for Employers](https://helpdesksuites.com/2020/03/04/covid-19-aka-corona-virus-guide-for-employers/): Hey Compliance Warriors! So, the big questions of the week are pertaining to COVID-19 aka Corona Virus. Issues like pay and closings and protections and OSHA are all the rage right now. To get your answers, Read on…
- [How To Properly Terminate An Employee - Blog Series Pt.8](https://helpdesksuites.com/2020/03/04/127924/): Hey Compliance Warriors! We’re onto part eight of our blog series. A less on the pitfalls to avoid when terminating an employee. There are too many ways that an employee can retaliate against an employer when terminated. Whether it be as simple as leaving a poor review on sites like Glassdoor, or outright suing the employer for wrongful termination. Let’s outline the first part of how to avoid these outcomes.   Part Eight: The “Don’ts” of Firing an Employee – Section I    When preparing to fire an employee, some of us flash back into the movies where the boss walks in, […]
- [Wendy’s Faces Multiple Child Labor Violations](https://helpdesksuites.com/2020/03/04/wendys-all-the-goodness-but-hold-the-alleged-child-labor-violations/): Hey Compliance Warriors! Here’s an article about something many employers need to look out for – child labor violations. They can vary from state to state and get a little complicated. This case should help any employer that may be in a position to be affected brush up on their knowledge of the subject. Read on…   Article Via: stateagreport.com Labor & Employment “Wendy’s: All the Goodness, But Hold the Alleged Child Labor Violations Massachusetts AG Maura Healey reached a settlement with fast food restaurant chain Wendy’s International LLC (“Wendy’s”) to resolve allegations that Wendy’s labor practices violated Massachusetts child labor laws. According […]
- [How To Properly Terminate An Employee - Blog Series Pt.7](https://helpdesksuites.com/2020/03/03/how-to-properly-terminate-an-employee-blog-series-pt-7/): Hey Compliance Warriors! We’ll be discussing part seven of our employee termination series. This is an important part of post-termination that should be handled pre-termination. Security risks, amongst other things, need to be considered before the termination discussion is held. “It isn’t making mistakes that’s critical. It’s correcting them and getting on with the principal task.”    -Donald Rumsfeld Part Seven: What an Employment Termination Checklist Should Contain    One of the most helpful tools when preparing to fire an employee is the use of a termination checklist, which is usually covered during a termination meeting.  This list helps the employee […]
- [Vlog: Impact Of New Illinois State Laws](https://helpdesksuites.com/2020/03/03/vlog-impact-of-new-illinois-state-laws/): Hey Compliance Warriors! Today we’ve got a Vlog for you to take a break from all that reading. Jerry Maatman and Alex Karasik will discuss some new laws affecting Illinois employers. I’d say read on, but there’s nothing to read so…Watch on? Video Via: workplaceclassaction.com For More Information Follow This Link   About LISA SMITH Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more in her Compliance Warriors Facebook Group.
- [How To Properly Terminate An Employee - Blog Series Pt.6](https://helpdesksuites.com/2020/03/02/how-to-properly-terminate-an-employee-blog-series-pt-6/): Hey Compliance Warriors! We’re bringing you part six of our blog series! This is a continuation of the correct way to fire an employee, the way we act during the termination discussion, and the post-termination practices we should consider implementing.   Part Six: The Correct Way to Fire an Employee – Section II    Having to fire an employee is a task every manager wishes they could avoid.  Sometimes no matter how often or how much you’ve spoken with the employee about their performance, they still do not believe they are able to be fired.  But when the time comes, the manager […]
- [Changes To The I-9 Are Here - Act Fast!](https://helpdesksuites.com/2020/03/02/changes-to-the-i-9-are-here-act-fast/): Hey Compliance Warriors! A short and sweet – but very important article here about changes to the I-9 form for 2020. Every employer should read this over to make sure they’re taking steps to stay audit secure! Article Via: nexsenpruet.com “On Jan. 31, 2020, U.S. Citizenship and Immigration Services (USCIS) published a new Form I-9, Employment Eligibility Verification Form, version date of “Rev. 10/21/2019,” that all employers must begin using on May 1, 2020. Until then, employers may continue using the current version of Form I-9 (Rev. 07/17/2017 N), which will provide companies several months to make necessary updates to their […]
- [SBS 302: Avoiding COVID-19 Scams](https://helpdesksuites.com/2020/08/11/sbs-302-avoiding-covid-19-scams/): Hey Compliance Warriors! We’ve seen time and time again, with many disasters in the world. There will be people that try to help, and there will be people who try to profit. Unfortunately there are plenty of scammers in the world that will try to get your money or your personal information. Today we’ll discuss the types of scams you might see surrounding COVID-19. Read or Listen on… Enjoy! Don’t forget to rate, review, and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! To learn more about our services click the links below. HelpDesk […]
- [BREAKING NEWS: President Trump Signs 4 Executive Orders](https://helpdesksuites.com/2020/08/10/breaking-news-president-trump-signs-4-executive-orders/): Hey Compliance Warriors! Over the weekend, President Trump announced he was postponing payroll taxes through the end of the year, extending the unemployment supplement at the rate of $400 a week, helping people stave off eviction, and waiving student loan payments through the end of 2020. The details are not as simple as they might sound. Read on…
- [BREAKING NEWS: CDC Launches New Guidance for Masks and Face Shields](https://helpdesksuites.com/2020/08/10/breaking-news-cdc-launches-new-guidance-for-masks-and-face-shields/): Hey Compliance Warriors! On August 7th, 2020, the CDC issued updated guidance on wearing masks, masks with the exhalation valve or vent, and face shields. Read on…
- [Are Your Employees Using Good Judgment?](https://helpdesksuites.com/2020/08/07/are-your-employees-using-good-judgment/): Hey Compliance Warriors! Are Your Employees Using Good Judgment? Sometimes you have to shake your head and walk away. The employee who decides it would be fun to drive the company’s forklift to pick up his lunch, a mile away. The employee who gives free food to all her friends because no one else was there. The supervisor who takes his team to strip joint to celebrate because and I quote, “They have the best wings.” The employee who body shames a customer because of the food they bought in the checkout line. The employee who determines it is reasonable to […]
- [COVID-19 Face Covering Requirements by State - August 6th 2020 Update](https://helpdesksuites.com/2020/08/07/covid-19-face-covering-requirements-by-state-august-6th-2020-update/): Hey Compliance Warriors! States are updating their face covering requirements and suggested practices regularly. Here is a chart of testing requirements by state as of August 6th, 2020. Read on…
- [COVID-19 Testing Requirements by State - August 6th 2020 Update](https://helpdesksuites.com/2020/08/07/covid-19-testing-requirements-by-state-august-6th-2020-update/): Hey Compliance Warriors! States are updating their testing requirements and suggested practices regularly. Here is a chart of testing requirements by state as of August 6th, 2020. Read on…
- [DOL Poster Rules & Why They Matter More In 2020](https://helpdesksuites.com/2020/08/06/dol-poster-rules-why-they-matter-more-in-2020/): Hey Compliance Warriors! Often employers don’t realize the legal obligations and just the practical benefits of having these posters easily accessible to all employees. Let’s talk about the why. For starters, there’s the money side of the coin. There are plenty of fines that Uncle Sam will happily let you pay for failing to make the most up-to-date- versions of ALL required posters available to ALL of your employees. Then there’s the other side of the coin, which also involves money—just a lot more of it. If your employees aren’t aware of their rights and you make no effort to inform them, […]
- [FFCRA: What Does the Recent US District Court Decision Mean for Employers?](https://helpdesksuites.com/2020/08/05/ffcra-what-does-the-recent-us-district-court-decision-mean-for-employers/): On Monday, August 3, 2020, the U.S. District Court for the Southern District of New York vacated several employer friendly provisions of the U.S. Department of Labor’s (DOL) “Final Rule” regarding the Families First Coronavirus Response Act (“the Act” or “FFCRA”). In the decision, the Court addresses four provisions of the Final Rule: (1) the “work availability” requirement; (2) the definition of “health care providers” who may be excluded from FFCRA eligibility; (3) the requirement for employer consent to intermittent leave; and (4) the advance documentation requirements. At this point, the impact of this decision is unclear. If the decision stands […]
- [NLRB Changes Stance: Abusive Speech No Longer Tolerated](https://helpdesksuites.com/2020/08/04/nlrb-changes-stance-abusive-speech-no-longer-tolerated/): Hey Compliance Warriors! I know what you’re thinking. When was abusive speech ever tolerated in the workplace? Well, it isn’t tolerated in just ANY situation. However, in certain circumstances, it was up until about a week ago when the NLRB (National Labor Relations Board) modified its standards on several subjects. Specifically, Section 7 of the NLRB has been a haven for ex-employees in allowing this type of speech. Multiple cases where employees were terminated for hateful speech either in person or via social media had invoked the rights of Section 7 to have their day in court. If you’re unfamiliar with […]
- [BREAKING NEWS: New York District Court Vacates Parts of FFCRA Regulations Including Healthcare Provider Definition](https://helpdesksuites.com/2020/08/04/breaking-news-new-york-district-court-vacates-parts-of-ffcra-regulations-including-healthcare-provider-definition/): Hey Compliance Warriors! Not long after the Department of Labor (DOL) issued the FFCRA regulations, the state of New York filed a lawsuit challenging some of the provisions.  Yesterday, August 3rd, 2020, the federal district court in New York struck down four provisions in the regulations.  Read on…
- [SBS 301: Working From Home? Perk or No Perk](https://helpdesksuites.com/2020/08/04/sbs-301-working-from-home-perk-or-no-perk/): Hey Compliance Warriors! This weeks podcast is on the topic of working from home. It’s becoming a practical option as the threat of COVID continues through the workplace and beyond. Working from home involves quite a bit of mental discipline, however, and we’ll get into the pros and cons of the subject. Below is also the supplied transcript, so either Read on or listen on…   Transcription: Lisa: It really has been a minute! Mason: It really has, with COVID breaking out and the business world kind of falling into a dark hole. It seems like we had some other things […]
- [BREAKING NEWS: COVID-19 and the Service Contract Act: Questions and Answers](https://helpdesksuites.com/2020/08/03/breaking-news-covid-19-and-the-service-contract-act-questions-and-answers/): Hey Compliance Warriors! Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced guidance for employers with certain federal contracts regarding paid sick leave or expanded family and medical leave under the Families First Coronavirus Relief Act (FFCRA). The guidance provides compliance assistance to employers with service contracts with the federal government covered by the Service Contract Act and federal construction contracts covered by the Davis-Bacon Act. Read on…
- [Requiring Face Masks for Employees in the Workplace](https://helpdesksuites.com/2020/07/31/requiring-face-masks-for-employees-in-the-workplace/): Recently, in light of COVID-19, many people have asked me if they can mandate that their employees wear face masks or coverings in the workplace. Well, the short answer is, yes . .  . generally. A business may implement a workplace policy or rule that requires its employees to wear a face mask or covering and other personal protective equipment (PPE). However, that decision should not be made arbitrarily – instead – the business would want to be able to show a legitimate business reason as to why the rule is in place. Under the current circumstances, requiring the use of […]
- [What Does Workplace Diversity Really Mean?](https://helpdesksuites.com/2020/07/30/what-does-workplace-diversity-really-mean/): Hey Compliance Warriors! Today, I’d like to talk about workplace diversity. Right now, we’re seeing the ramifications of inequality and mistreatment of peoples all over the news and web. Unfortunately, we’ve been seeing it for years, and it’s often gone unattended. What first comes to mind when you think about diversity? It can, like much of the English vernacular, mean different things to different people. Diversity is more than any one definition, however, you’ll be seeing the word “equality” pop up several times in this article. That’s because equality is at the heart of diversity. We can hold mandatory training classes […]
- [Invisible Disabilities & The Returning Workforce](https://helpdesksuites.com/2020/07/28/invisible-disabilities-the-returning-workforce-2/): Hey Compliance Warriors! The days of remote work and zoom meetings are still upon us. However, more and more of the country continues to reopen. As it does, our employees return to work beset by ailments we may have never known they had. In fact, “invisible disabilities” is the technical term used in the ADA to describe the nature of certain afflictions. As experts will attest, COVID-19 can have a different effect on every person with which it interacts. Because of this, we’re seeing individuals with diseases like Asthma or Diabetes fearful of returning to work. These invisible disabilities aren’t limited […]
- [IRS provides guidance on recapturing excess employment tax credits](https://helpdesksuites.com/2020/07/27/irs-provides-guidance-on-recapturing-excess-employment-tax-credits/): Hey Compliance Warriors! The Internal Revenue Service issued a temporary regulation and a proposed regulation to reconcile advance payments of refundable employment tax credits and recapture the benefit of these credits when necessary. Read on…
- [CDC Issues New Guidance for Returning to Work](https://helpdesksuites.com/2020/07/24/cdc-issues-new-guidance-for-returning-to-work/): Hey Compliance Warriors! This week, the CDC announced new guidance for non-healthcare workers who are returning to work. You may be surprised by the changes. Read on…
- [What Employers Need To Know About Mask Policies](https://helpdesksuites.com/2020/07/24/weve-got-you-covered-five-things-every-employer-needs-to-know-about-mask-policies/): Hey Compliance Warriors! It seems like every day we see the divide widen between people who think they don’t need masks, and people who support wearing them. Of course, this is decided upon by cities, states, and so on, but businesses also have the right to choose how they handle things. As long as they do so with care, which is what the proceeding article entails. Read on… Sign up to watch our BossCalls replay recorded July 29th – An up-to-date discussion about COVID-19 & it’s workplace impacts. Learn More & Sign Up Here Article Via: icemiller.com “With government and public […]
- [Safety Measures For Heat Illness In The Workplace](https://helpdesksuites.com/2020/07/24/heat-illness-a-phantom-menace-sweatt-blogs-on-safety-measures-and-heat-illness-in-the-workplace/): Hey Compliance Warriors! We’re knee-deep in summer, and with some areas getting record-breaking heat, there’s no doubt that heat-related health issues can arise. To learn more about preventing these illnesses, grab a bottle of water, and Read on… Sign up to watch our BossCalls replay recorded July 29th – An up-to-date discussion about COVID-19 & it’s workplace impacts. Learn More & Sign Up Here Article Via: laborandemploymentlawcounsel.com “We had previously blogged, Heat Illness Strikes Back: Return to Work’s Untold Story, that as we approach the heat of the summer season and as employers begin to return to work (RTW) after months […]
- [Supreme Court Decides Administration Had Authority to Create Exemptions from Contraceptive Requirements for Employers with Religious and Conscientious Objections](https://helpdesksuites.com/2020/07/24/supreme-court-decides-administration-had-authority-to-create-exemptions-from-contraceptive-requirements-for-employers-with-religious-and-conscientious-objections/): In the July 8, 2020 decision, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, the Supreme Court upheld a regulation that permits all employers with a “sincerely held religious or moral objection” to opt out of providing contraceptive coverage in their group health plans. As a bit of background, the Affordable Care Act requires many employers to offer health plans that include, for women, “such additional preventive care and screenings … as provided for in comprehensive guidelines” issued by the Health Resources and Services Administration (HRSA). The statute does not define “preventive care and screenings” and does […]
- [Employer Guidance For Employee Travel & 14-Day Quarantine](https://helpdesksuites.com/2020/07/22/moving-forward-to-the-new-normal-guidance-to-employers-on-employee-out-of-state-travel-and-the-14-day-quarantine/): Hey Compliance Warriors! For more info about traveling under current COVID-19 regulations, we’ve provided this quick Q&A to give employers some additional tips on the matter. Read on… Sign up to watch our BossCalls replay recorded July 29th – An up-to-date discussion about COVID-19 & it’s workplace impacts. Learn More & Sign Up Here Article Via: nutter.com “With summer vacation season upon us and many businesses beginning the process of reopening, many employers are now dealing with employees leaving Massachusetts to travel out of state, potentially to areas of the country that are experiencing surges in COVID-19 cases, which may jeopardize […]
- [BREAKING NEWS: NLRB Modifies Standard for Addressing Offensive Outbursts in the Course of Protected Activity](https://helpdesksuites.com/2020/07/22/breaking-news-nlrb-modifies-standard-for-addressing-offensive-outbursts-in-the-course-of-protected-activity/): Hey Compliance Warriors! In a decision issued today in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020), the National Labor Relations Board modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements—including profane, racist, and sexually unacceptable remarks—in the course of activity otherwise protected under the National Labor Relations Act (Act). Read on…
- [BREAKING NEWS: DHS Extends Form I-9 Requirement Flexibility](https://helpdesksuites.com/2020/07/21/breaking-news-dhs-extends-form-i-9-requirement-flexibility/): Hey Compliance Warriors! The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. Read on…
- [What Can Workers Traveling In Hot Spot COVID-19 Areas Do To Stay Safe?](https://helpdesksuites.com/2020/07/21/best-practices-for-critical-workers-traveling-to-and-from-hot-spot-states/): Hey Compliance Warriors! We’re reopening all across the country and the traveling businessperson is back in action in many ways. But there’s still a chance for the virus to spread and for anyone to get sick because of it. For safety tips for those dedicated traveling workers, Read on… Sign up to watch our BossCalls replay recorded July 29th – An up-to-date discussion about COVID-19 & it’s workplace impacts. Learn More & Sign Up Here Article Via: thompsonhine.com “In the wake of the COVID-19 pandemic, many U.S. states and localities, such as New York, New Jersey, Connecticut and Louisiana, have adopted […]
- [Business Interrupted](https://helpdesksuites.com/2020/07/20/business-interrupted/): A trial court judge in Lansing, Michigan handed a victory to insurers in what may be the nation’s first final ruling on the question of whether a property insurer is liable for financial damages caused by a coronavirus closure order.  See Gavrilides Management Company v. Michigan Insurance Company. This case arose after Michigan’s governor enacted a shelter in place order that restricted business to dine-in only. As a result, Nick Gavrilides, owner of the Soup Spoon cafe in Lansing and The Bistro in nearby Williamston, submitted a claim to Michigan Insurance, a subsidiary of Donegal Group Inc., for $650,000 for business interruption. […]
- [OSHA Continues To Provide Guidance On Getting Back To Work](https://helpdesksuites.com/2020/07/20/osha-provides-additional-guidance-on-returning-to-work/): Hey Compliance Warriors! We’ve been in stages of reopening for several months now, and we’re still being given plenty of helpful information to make sure we’re handling the process properly. OSHA is, of course, known to put forth a constant stream of safety precautions, as well as do’s & don’ts for businesses. To learn more about what safety steps you can take, Read on… Sign up to watch our BossCalls replay recorded July 29th – An up-to-date discussion about COVID-19 & it’s workplace impacts. Learn More & Sign Up Here Article Via: masudafunai.com “As some states begin to reopen after COVID-19 […]
- [Alexandria, VA Provides Updates,Targeted Testing, & Workplace Safety Standards For COVID-19](https://helpdesksuites.com/2020/07/20/city-of-alexandria-provides-covid-19-updates-partnership-for-targeted-covid-19-testing-virginia-first-to-adopt-workplace-safety-standards/): Hey Compliance Warriors! The city of Alexandria in Virginia is taking very serious steps to prevent the spread of COVID-19 currently. They’re providing a model that all businesses have the potential to follow suit with. Read on… Sign up to watch our BossCalls replay recorded July 29th – An up-to-date discussion about COVID-19 & it’s workplace impacts. Learn More & Sign Up Here Article Via: alexandriava.gov “City of Alexandria Provides COVID-19 Updates; Partnership for Targeted COVID-19 Testing; Virginia First to Adopt Workplace Safety Standards ­­For Immediate Release: July 16, 2020 The City of Alexandria and the Alexandria Health Department (AHD) remind […]
- [BREAKING NEWS: DOL Updates FFCRA Guidance](https://helpdesksuites.com/2020/07/20/breaking-news-dol-updates-ffcra-guidance/): Hey Compliance Warriors! Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced additional guidance to provide information to workers and employers about how the requirements and protections of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA) impact the workplace as America continues to reopen. The new guidance provides plain-language questions and answers addressing critical issues under all three laws. Read on…
- [Pennsylvania Clarifies Roll-back Requirements](https://helpdesksuites.com/2020/07/16/pennsylvania-clarifies-roll-back-requirements/): Hey Compliance Warriors! Pennsylvania Governor Tom Wolfe recently clarified the new roll-backs for businesses in the state. Read on…
- [COVID-19 Testing Requirements by State](https://helpdesksuites.com/2020/07/14/covid-19-testing-requirements-by-state/): Hey Compliance Warriors! States are updating their testing requirements and suggested practices regularly. Here is a chart of testing requirements by state. Read on…
- [IRS Releases Guidance for 1099-NEC](https://helpdesksuites.com/2020/07/09/irs-releases-guidance-for-1099-nec/): Hey Compliance Warriors! There is a new Form 1099-NEC, Nonemployee Compensation for business taxpayers who pay or receive nonemployee compensation. Starting in tax year 2020, payers must complete this form to report any payment of $600 or more to a payee. Read on…
- [Treasury, IRS issue guidance on reporting qualified sick and family leave wages paid](https://helpdesksuites.com/2020/07/09/treasury-irs-issue-guidance-on-reporting-qualified-sick-and-family-leave-wages-paid/): Hey Compliance Warriors! The Treasury Department and the Internal Revenue Service today provided guidance in Notice 2020-54 to employers requiring them to report the amount of qualified sick and family leave wages paid to employees under the Families First Coronavirus Response Act (FFCRA) on Form W-2. Read on…
- [States Enact Laws Limiting Employer COVID-19 Liability](https://helpdesksuites.com/2020/07/08/states-enact-laws-limiting-employer-ovid-19-liability/): Hey Compliance Warriors! The number of lawsuits filed against employers, relating to COVID-19, have been increasing each week. Thankfully, many states have enacted or are considering legislation that would hold employers who act in good faith harmless in such lawsuits. This is great news for many employers who are struggling to stay afloat. Read on…
- [Bar Owners Argue Shutdowns are Unconstitutional](https://helpdesksuites.com/2020/07/08/bar-owners-argue-shutdowns-are-unconstitutional/): On Monday, a group of Texas bar owners filed a lawsuit arguing that Governor Greg Abbott’s shutdown of bars is unconstitutional. The suit, filed in Travis County, names Governor Abbott, the Texas Alcoholic Beverage Commission (“TABC”) (the agency that oversees liquor licenses) and TABC Executive Director Bentley Nettles as defendants, the lawsuit seeks a temporary and permanent injunction to prevent bar owners’ businesses from being closed. You may find a copy of the filing here: https://static.texastribune.org/media/files/f41dc59d4db4b32e902f5aa68b938ddc/Plaintiffs%20Original%20Petition.pdf?_ga=2.91017754.1494218229.1593601601-1891804590.1593601601 Last week, Governor Abbott used an executive order to attempt to slow the recent rise in COVID-19 cases and ordered bars to close — although […]
- [Reporting Time Pay Requirements by State in the Era of COVID-19](https://helpdesksuites.com/2020/07/06/reporting-time-pay-requirements-by-state-in-the-era-of-covid-19/): Hey Compliance Warriors! Businesses across the U.S. are reopening. Many employers are taking employees’ temperatures before the start of a shift or have employees complete a health screening process before reporting to work. If an employee shows up to work his or her scheduled shift, and a temperature check reveals a fever or the employee otherwise exhibits symptoms of COVID-19 and the business tells the employee to go home, must the employer pay that employee because he or she reported to work? Read on…
- [Invisible Disabilities & The Returning Workforce](https://helpdesksuites.com/2020/07/02/invisible-disabilities-the-returning-workforce/): Hey Compliance Warriors! The days of remote work and zoom meetings are still upon us. However, more and more of the country continues to reopen. As it does, our employees return to work beset by ailments we may have never known they had. In fact, “invisible disabilities” is the technical term used in the ADA to describe the nature of certain afflictions. As experts will attest, COVID-19 can have a different effect on every person with which it interacts. Because of this, we’re seeing individuals with diseases like Asthma or Diabetes fearful of returning to work. These invisible disabilities aren’t limited […]
- [Can Providers Release COVID-19 Test Results to Employers: Yes or No?](https://helpdesksuites.com/2020/07/01/can-providers-release-covid-19-test-results-to-employers-yes-or-no/): Hey Compliance Warriors! One of the most frequent questions we get at HelpDeskSuites.com is “Can Providers Release COVID-19 Test Results to Employers?” This is a complicated topic that needs to be FULLY understood. So, check out an explanation by attorney Laura Gerdes Long with Danna McKitrick, PC Attorneys at law. Read on…
- [Colorado Passes Law Providing Three Types Of Paid Sick Leave](https://helpdesksuites.com/2020/07/01/colorado-passes-law-providing-three-types-of-paid-sick-leave/): Hey Compliance Warriors! Most people are lucky to have one type of sick leave, but now Colorado is passing a law that requires employers to provide three! There’s plenty of “if’s, and’s & butt’s” involved in this law, so for further explanation, read on… Article Via: mondaq.com “The Colorado legislature recently passed SB20-205, the Healthy Families and Workplaces Act (“HFWA”), which will require all Colorado employers to provide three types of paid sick leave: 1) COVID-19 emergency paid sick leave (“CO-EPSL”); 2) Paid sick and safe time (“PSST”); and 3) Public health emergency paid sick leave (“PHEL”). Governor Jared Polis (D) is expected […]
- [Form I-9 Examples Related to Temporary COVID-19 Policies](https://helpdesksuites.com/2020/07/01/form-i-9-examples-related-to-temporary-covid-19-policies/): Hey Compliance Warriors! In this update, USCIS is providing examples of how DHS recommends you notate Form I-9 when remotely inspecting employment authorization and identity documents and then subsequently performing the required physical inspection once normal operations resume. Employers and workplaces that are operating remotely may follow the DHS news release that announced flexibility in requirements related to Form I-9. Read on…
- [U.S. Department of Labor Announces 2 Field Assistance Bulletins to Clarify School Closure Determinations](https://helpdesksuites.com/2020/07/01/u-s-department-of-labor-announces-2-field-assistance-bulletins-to-clarify-school-closure-determinations/): Hey Compliance Warriors! With school and summer activity schedules greatly altered as America continues to reopen in the wake of the coronavirus, the U.S. Department of Labor’s Wage and Hour Division issued two Field Assistance Bulletins (FABs) today to clarify issues relevant to the pandemic’s effects on employees and the workplace. Read on…
- [Defamation or Disparagement: Are all Fair in Sales?](https://helpdesksuites.com/2020/07/01/defamation-or-disparagement-are-all-fair-in-sales/): In late June 2002 the Texas Supreme Court reversed a $1.8 million judgment in favor of a concrete block maker who accused a rival of defamation, finding that the dispute was not about defamation, but rather business disparagement and that the award therefore could not stand.  In Innovative Block v. Valley Builders Supply, No. 18-1211 (Tex. June 26, 2020), the plaintiff sued a former business competitor, alleging that the competitor’s disparaging remarks about the plaintiff’s products contributed to its financial demise. This case involved two building-supply companies, Valley Builders Supply, Inc., and Innovative Block of South Texas, Ltd.  Both companies manufacture […]
- [New DOL Rule Would Suppress ESG Investing](https://helpdesksuites.com/2020/06/30/new-dol-rule-would-suppress-esg-investing/): Hey Compliance Warriors! If you are a shareholder, working in an “ESG” styled company, looking to retire, or just follow the market affects on our economy, then this may be a good read for you. If you have no idea what ESG investing is, then this article might help open your eyes to some new business and investment ideas. Read on… Article Via: groom.com “On June 23, 2020, the Department of Labor (“DOL”) issued a proposed regulation (the “Proposed Rule”) defining plan fiduciaries’ duties under the Employee Retirement Income Security Act of 1974 (“ERISA”) when considering economically targeted investments or those […]
- [Nevada's Minimum Wage Goes Up July 2020](https://helpdesksuites.com/2020/06/29/nevadas-minimum-wage-goes-up-july-2020/): Hey Compliance Warriors! In just a few days, Nevada’s minimum wage is going up and there’s several sub-rules involved in that. To learn more, Read on… Article Via: mondaq.com “As most employers are aware, Nevada has a two-tier minimum wage system. Currently, Nevada employers are required to pay their employees a minimum of $8.25 per hour unless they qualify to pay the lower tier minimum wage rate of $7.25 per hour. Employers seeking to qualify for the lower tier minimum wage must meet the following requirements: (1) the employer must offer qualifying health insurance benefits; (2) those benefits must be offered […]
- [U.S. Department of Labor Announces 5 New Opinion Letters](https://helpdesksuites.com/2020/06/25/u-s-department-of-labor-announces-5-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced five new opinion letters that provide compliance assistance related to the Fair Labor Standards Act (FLSA) and how to properly classify overtime-exempt employees in specific situations. Read on…
- [OSHA Issues New Guidance for Non-essential Businesses as they Plan to Reopen](https://helpdesksuites.com/2020/06/24/osha-issues-new-guidance-for-non-essential-businesses-as-they-plan-to-reopen/): On June 17, 2020, OSHA issued new guidance  (which may be found here: https://www.osha.gov/Publications/OSHA4045.pdf) for “non-essential businesses” as they plan for reopening and bringing employees back to work. The guidance is not comprehensive and is intended to supplement resources from other federal, state and local agencies, including, specifically, the White House’s Guidance for Opening up America Again (the White House Guidance). Here are some of the key takeaways from OSHA’s new guidance: Planning for Reopening Employers should monitor federal, state and local resources to assess when and how to reopen their businesses. This includes understanding how their community is progressing through the reopening phases […]
- [New Virginia Law Prohibits Non-compete Agreements Against ‘Low-Wage Employees’](https://helpdesksuites.com/2020/06/24/new-virginia-law-prohibits-non-compete-agreements-against-low-wage-employees/): In April, Virginia’s Governor Ralph Northam signed a new bill banning covenants not to compete against “low-wage employees.” As of July 1, 2020, Virginia employers may not enter into, enforce, or threaten to enforce a covenant not to compete with any employee who earns less than $1,137 per week ($59,124 per year).  With this threshold, the new law will apply to a significant number of Virginia’s workers. The new law broadly defines the term “covenant not to compete” to include a “covenant or agreement, including a provision of a contract of employment, between an employer and employee that restrains, prohibits, or otherwise […]
- [Key California Employment Law Cases](https://helpdesksuites.com/2020/06/24/key-california-employment-law-cases/): Hey Compliance Warriors! In the HR world, we’re constantly looking at changes and waves being made by abundant court cases swaying how we handle things. This article contains a number of ongoing cases in Califonia that have the ability to change how we handle certain situations in the HR world. Read on… Article Via: jdsupra.com “Betancourt v. OS Rest. Servs., LLC,  No. B293625, 2020 WL 2570839 (Cal. Ct. App. Apr. 30, 2020) Summary: A plaintiff is not entitled to recover penalties for waiting time and wage statement violations based on claims of non-provision of rest or meal periods, and likewise cannot obtain […]
- [U.S. DEPARTMENT OF LABOR ANNOUNCES ONLINE TOOL TO HELP WORKERS DETERMINE ELIGIBILITY FOR PAID SICK LEAVE DUE TO CORONAVIRUS](https://helpdesksuites.com/2020/06/23/u-s-department-of-labor-announces-online-tool-to-help-workers-determine-eligibility-for-paid-sick-leave-due-to-coronavirus/): Hey Compliance Warriors! The U.S. Department of Labor today launched an interactive online tool to help workers determine if they qualify for paid sick leave or extended family and medical leave to cover time away from work for reasons related to the coronavirus. Read On… The tool guides workers through a series of questions to help them determine if the paid leave provisions of the Families First Coronavirus Response Act (FFCRA) apply to their employer. If the provisions do apply, the tool helps them learn whether they qualify for either paid sick leave or extended family and medical leave under that law. […]
- [IRS Permitting Remote Witness of Participant Elections](https://helpdesksuites.com/2020/06/23/irs-permitting-remote-witness-of-participant-elections/): Hey Compliance Warriors! Recently, because of social distancing measures, the IRS has allowed remote notorizing of participant elections that would otherwise need to be done in person. Obviously there are rules and guidelines to follow when attempting this course of action, so for the details, Read On… Article Via: beneficiallyyours.com Many plans prohibit distributions in any form other than a qualified joint and survivor annuity without spousal consent provided in the presence of a notary or plan representative. The COVID-19 pandemic and related social-distancing measures have prompted the majority of states to relax their rules on notarizations by allowing them to […]
- [Avoiding The Fallout - Employment Law & Reopening America](https://helpdesksuites.com/2020/06/22/avoiding-the-fallout-employment-law-reopening-america/): Hey Compliance Warriors! Today we’ve got more guidance for you as far as reopening your business and having employees coming back to work. Things are always changing and improving in regards to COVID guidelines, so we’ll continue to add more ideas to help you stay safe. Read on… Article Via: jdsupra.com Businesses are gradually starting to re-open around the United States.  While the past months have been unprecedented and created numerous challenges for employers, it is important to remember that employment laws generally do not have any exceptions for pandemics.  For example, even though older persons appear to be more susceptible […]
- [New Jersey Tightens Employee Classification Laws](https://helpdesksuites.com/2020/06/19/new-jersey-tightens-employee-classification-laws/): Hey Compliance Warriors! New Jersey is cracking down on misclassification of employees with several laws bring put forth to clarify the definition of being an independent contractor vs an employee. For the legal details, Read On… Article Via: seyfarth.com “As part of a package of six laws pertaining to independent contractor misclassification, New Jersey passed Assembly Bill 5843, requiring employers “to conspicuously post notification, in a place or places accessible to all employees in each of the employer’s workplaces,” which is now available here, pertaining to the following: 1. An explanation of the prohibition for employers to misclassify its workers; 2. The standard […]
- [Employment Law & Religious Liberty In The Supreme Court](https://helpdesksuites.com/2020/06/19/employment-law-and-religious-liberty-clash-at-the-supreme-court/): Hey Compliance Warriors! Recently we had an article featuring a court case that questioned if private religious schools needed to adhere to normal hiring practices that other businesses and institutions were required to. The current discussion continues that trend and more news will follow as these cases unfold. Read on… Article Via: law.com “This term the U.S. Supreme Court will decide six cases dealing with religious liberty—an extraordinary number given a docket totaling only 74 matters. Two of the cases were argued via teleconference on May 11, when the court addressed the scope of the “ministerial exception,” a legal doctrine shielding […]
- [DOL to Host 4 Webinars in June and July](https://helpdesksuites.com/2020/06/18/dol-to-host-4-webinars-in-june-and-july/): Hey Compliance Warriors! The U.S. Department of Labor will host four webinars in June and July to discuss how the Department is helping workers and employers by reducing regulatory burdens and making it easier to understand and comply with the law. The webinars will also provide an opportunity for workers, employers, and state and local governments to ask questions and discuss how the Department can expand and improve access to its compliance assistance materials.  Read on…
- [Breaking News: EEOC ISSUES UPDATED COVID-19 TECHNICAL ASSISTANCE PUBLICATION ADDRESSING ANTIBODY TESTING](https://helpdesksuites.com/2020/06/17/breaking-news-eeoc-issues-updated-covid-19-technical-assistance-publication-addressing-antibody-testing/): Hey Compliance Warriors! The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic. Read on…
- [OSHA Issues First COVID-19 Citation for Untimely Reporting of Hospitalizations](https://helpdesksuites.com/2020/06/17/osha-issues-first-covid-19-citation-for-untimely-reporting-of-hospitalizations/): Hey Compliance Warriors! Recently, OSHA started enforcing more and more COVID-19 standards. As states open more and more the OSHA standards will tighten up to prevent any possibility of the virus spreading further. For more detail, Read on… Article Via: environmentalsafetyupdate.com “As discussed in our prior blog, OSHA has issued new enforcement procedures for COVID-19 cases going forward. OSHA has indicated that its “efforts to address COVID-19 have been its top priority since February. Our world changed with the arrival and spread of the coronavirus. Although the pandemic has changed the way OSHA completes its mission, it has never faltered in […]
- [Austin, TX - Paid Sick Leave Ordinance Remains Unanswered](https://helpdesksuites.com/2020/06/17/austin-tx-paid-sick-leave-ordinance-remains-unanswered/): Hey Compliance Warriors! For several years, the city of Austin, Texas has been trying to pass a paid sick leave ordinance for the city. The ordinance continues to be shuffled through the Supreme Court even now. For the current state of affairs, Read On… Article Via: seyfarth.com The Austin PSL Ordinance was scheduled to go into effect on October 1, 2018, but decisions by the Texas Court of Appeals for the Third District (“Third District”) in August and November 2018 prevented the ordinance from taking effect. In the latter decision, the Third District found that the Austin PSL Ordinance violates the Texas Constitution because it is preempted […]
- [Breaking News: ICE announces another 30-day extension of flexibility in rules related to Form I-9 compliance](https://helpdesksuites.com/2020/06/16/breaking-news-ice-announces-another-30-day-extension-of-flexibility-in-rules-related-to-form-i-9-compliance/): Hey Compliance Warriors! U.S. Immigration and Customs Enforcement (ICE) today announced another extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Read on…
- [Supreme Court Rules that Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity](https://helpdesksuites.com/2020/06/16/supreme-court-rules-that-title-vii-prohibits-discrimination-based-on-sexual-orientation-and-gender-identity/): Yesterday, in a landmark the U.S. Supreme Court ruled that “an employer who fires an individual merely for being gay or transgender violates Title VII.” Title VII of the Civil Rights Act of 1964 (Title VII) makes it “unlawful” for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual” due to “such individual’s race, color, religion, sex, or national origin.” In Bostock v. Clayton County, Georgia, 590 U.S. _____ (2020), the Court held “that employers are prohibited from firing employees on the basis of homosexuality or transgender status.” Justice Neil […]
- [Illinois Law Provides Presumption Of Workers’ Comp Coverage For COVID-19](https://helpdesksuites.com/2020/06/16/illinois-law-provides-presumption-of-workers-comp-coverage-for-covid-19/): Hey Compliance Warriors! Illinois the other day became the latest state to provide presumptive coverage for first responder workers regarding COVID-19 which is terrific news for many people that may eventually need the coverage. For the details, Read On… Article Via: employmentlawworldview.com On June 5, 2020, Illinois Governor Pritzker signed into law HB 2455, which creates a rebuttable presumption of workers’ compensation coverage for first responders and front-line workers who are exposed to and contract COVID-19. This recent legislative enactment follows the withdrawal of Illinois Workers’ Compensation Commission’s emergency rule which included similar language. In enacting this legislation, Illinois becomes the latest […]
- [Breaking News: EEOC and OSHA Issue Updates to COVID-19 Guidance](https://helpdesksuites.com/2020/06/16/breaking-news-eeoc-and-osha-issue-updates-to-covid-19-guidance/): Hey Compliance Warriors! Last week, the EEOC and OSHA issued updates to their COVID-19 guidance clearing up many questions employers have been navigating. Read on…
- [Breaking News: New Jersey Releases Employee Misclassification Poster](https://helpdesksuites.com/2020/06/15/breaking-news-new-jersey-releases-employee-misclassification-poster/): Hey Compliance Warriors! New Jersey has finally released the new mandatory poster regarding employee misclassification. Read on…
- [Breaking News: SCOTUS Ruling Protects LGBTQ Under Title VII](https://helpdesksuites.com/2020/06/15/breaking-news-scotus-ruling-protects-lgbtq-under-title-vii/): Hey Compliance Warriors! On June 15, 2020, the Supreme Court of the United States ruled, in a 6-to-3 decision, that Title VII of the Civil Rights Act of 1964 prohibits employers from firing workers for being homosexual or transgender. Justice Neil Gorsuch stated: “In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire that employee. We do not hesitate to recognize today a necessary consequence of that legislative choice: An employer who fires an individual merely for being gay or transgender defies the law.” Bostock v. Clayton County, […]
- [Special Full-Day Seminar: HR Law in the World of COVID-19](https://helpdesksuites.com/2020/06/15/special-full-day-seminar-hr-law-in-the-world-of-covid-19/): Special Full-Day Seminar replay: Recorded on 6.26.2020  10 am to 3 pm Central HR Law in the World of COVID-19    We can all agree that 2020 has brought many unexpected changes to the world. Our world of Human Resources has also changed on almost a daily basis. More is being asked of us individually and as a group than ever before in the history of our profession. I think it’s time to have a detailed discussion about these challenges and how we can all move forward with safe, effective, and Audit-Secure™ policies and procedures. Bring your breakfast and/or lunch and […]
- [New York Reopening Phase Three - When and How?](https://helpdesksuites.com/2020/06/12/new-york-issues-detailed-reopening-plan-and-guidance-as-the-state-looks-forward-to-phase-three/): Hey Compliance Warriors! New York issued new guidance on starting phase 3 of reopening the state. Because of NYC being the worst-hit area in the US, extra precaution needs to be taken when talking about opening up safely. Read on…   Article Via: seyfarth.com “As discussed previously, Governor Cuomo’s reopening plan – titled “New York Forward” – is set to replace gradually the state’s stay-at-home directive known as “New York Pause.”  While essential businesses and business activities may remain open subject to the essential business guidelines, non-essential businesses may only reopen subject to phases.   Today, New York Forward published guidelines for […]
- [DOJ Guidance On Corporate Compliance](https://helpdesksuites.com/2020/06/12/doj-guidance-on-corporate-compliance/): Hey Compliance Warriors! Recent updates to the DOJ’s guidance for corporate compliance have been released. There are a number of factors involved in the umbrella of corporate compliance and this article goes into both the previous standards as well as the updates. Read on…   Article Via: seyfarth.com “On June 1, 2020, the Criminal Division of the US Department of Justice (“DOJ”) released an updated guidance document for white-collar prosecutors on the evaluation of corporate compliance programs. The document, entitled Evaluation of Corporate Compliance Programs, updates a prior version issued in April 2019, and seeks to better assist prosecutors in assessing the effectiveness […]
- [Go Back To Work Or Collect Unemployment? Is It A Choice?](https://helpdesksuites.com/2020/06/10/client-alert-how-does-my-offer-of-work-affect-my-employees-unemployment-claims/): Hey Compliance Warriors! Unemployment is a pretty hot topic in the US right now. With many employers re-opening, the question then remains what happens to an ex-employees unemployment if they’re offered their job back. Read on… Article Via: bowditch.com One of the most obvious effects of the COVID-19 pandemic is the record-high number of individuals in Massachusetts who have filed for unemployment. Roughly 75% of those job losses are considered temporary, with employers expected to recall laid-off workers once businesses begin to reopen. Yet with no clear end in sight to the COVID-19 pandemic and many employees wary of returning to the […]
- [Are Your Employees Refusing To Return To Work?](https://helpdesksuites.com/2020/06/10/responding-to-employees-refusing-to-return-to-work/): Hey Compliance Warriors! There’s plenty of people out there who are still rather panicked about the COVID-19 crisis, and rightfully so. But it can make reopening our businesses rather challenging when people don’t want to come back in. For guidance on encouraging your workforce, Read on… Article Via: www.icemiller.com “Many employers are working on bringing their employees back into the workplace. Some employees, however, are not looking forward to returning. The reasons vary from a fear of the virus, kids who are still at home, or a desire to collect unemployment. Employers need to consider the employee’s reason for refusing to […]
- [Reopening Virginia - What Businesses Need To Know](https://helpdesksuites.com/2020/06/09/reopening-virginia-considerations-for-employers-and-businesses/): Hey Compliance Warriors! Every state has similar guidelines for reopening, but they’re not all the same. So if you’re a resident of the great state of Virginia, then please, Read on… Article Via: mwcllc.com “With portions of the Commonwealth of Virginia starting to reopen, there are important measures employers should consider as they plan for a safe and successful reopening in a world that has changed considerably in the last two months. State Guidelines Governor Northam issued Executive Order 61, outlining the guidelines for Phase I of Virginia’s reopening plan that began on May 9. As part of this phased opening, social […]
- [NYC Employers Blocked From Pre-Employment Marijuana Tests](https://helpdesksuites.com/2020/06/09/most-new-york-city-employers-now-prohibited-from-conducting-pre-employment-marijuana-tests/): Hey Compliance Warriors! Because of the decriminalization and regulation of legal marijuana in many places, New York City has introduced a new mandate that disallows most employers from requiring testing for marijuana prior to employment. To get into the details, Read on… Article Via: seyfarth.com “While it has been a challenge for employers to keep up with the explosion of medical and recreational marijuana laws spreading across the nation, employers have taken some comfort in that most of these states still grant employers the right to maintain a drug-free workplace and take action against those who test positive for marijuana, including […]
- [Faking COVID-19 Infection Could Be A Federal Crime](https://helpdesksuites.com/2020/06/08/is-covid-19-fakery-a-federal-crime/): Hey Compliance Warriors! We’re flying by the seat of our pants in 2020 and this case is no exception. The question at hand? How harshly should someone faking a Covid-19 case be punished, if at all?            Article Via: constangy.com           “The Justice Department is prosecuting a case of alleged phony corony. Employees, if you need to make up a story to get out of working, you might want to try something other than a fake case of COVID-19. The Atlanta Office of the U.S. Department of Justice has filed a criminal complaint against a […]
- [COVID-19 - Paid Leave for Health Care Workers In New York](https://helpdesksuites.com/2020/06/08/ny-agencies-issue-joint-guidance-on-covid-19-paid-leave-for-health-care-workers/): Hey Compliance Warriors! New guidance has been given to medical facilities in NY mandating that their healthcare workers be given paid leave. This leave comes with several COVID-19 based caveats but it is a significant step in the right direction of treating healthcare workers as they should be. Read on… Article Via: littler.com “On May 17, 2020, the New York Department of Health (NY DOH) and the New York Department of Labor (NY DOL) issued joint Guidance pertaining to an employer’s obligation under the New York State COVID-19 Sick Leave Law (“the Law”) to provide paid sick leave to “health care employees.” Under the […]
- [Reopening Your Business: Dealing with Third-Party Lawsuits](https://helpdesksuites.com/2020/06/08/reopening-your-business-dealing-with-third-party-lawsuits/): As businesses reopen, companies should be prepared for a potential wave of lawsuits from customers and employees who may claim to have contracted COVID-19 on their premises. As a result, companies should carefully review their insurance policies to see what coverage might be available for such claims. Third-Party Lawsuits General Liability Insurance A company should look first to its general liability policies to cover any lawsuits brought by customers who claim to have contracted COVID-19 and allege that the company negligently exposed them to the virus. These policies usually include a duty by the insurer to defend the insured in any […]
- [Colorado Issues Guidance on Accommodations in the Age of COVID-19](https://helpdesksuites.com/2020/06/05/colorado-issues-guidance-on-accommodations-in-the-age-of-covid-19/): Hey Compliance Warriors!       Article Via: littler.com On May 21, 2020, Colorado Governor Jared Polis issued Guidance to Employers and Places of Public Accommodation Regarding Equal Opportunity Employment and Reasonable Accommodations Due to the Presence of COVID-19 (the “Colorado Guidance”). The Colorado Guidance discusses non-discrimination and reasonable accommodations for those with disabilities, “Vulnerable Individuals,” those with COVID-19, those who have been exposed to COVID-19, and those with symptoms of COVID-10.  It also tracks, in large part, the EEOC’s own guidance on Pandemic Preparedness in the Workplace and the Americans with Disabilities Act (the “EEOC Pandemic Guidance”), thereby providing clarity to Colorado employers on […]
- [COBRA Enrollment Extended For Pandemic](https://helpdesksuites.com/2020/06/05/cobra-election-and-enrollment-deadlines-extended-during-covid-19-outbreak-period/): Hey Compliance Warriors! Because of the Coronaurus outbreak, health agencies have extended cobra benefit enrollment to help people in crisis. Below you’ll see the extended details of the plan answering your questions! Read on… Article Via: gtlaw.com “On May 4, 2020, in response to the Coronavirus Disease 2019 (COVID-19) pandemic, the Internal Revenue Service (IRS), Department of the Treasury, and the Employee Benefits Security Administration (EBSA), Department of Labor, issued rules extending deadlines for participants and beneficiaries of certain group health, disability, and welfare plans to make certain benefit elections, give certain notices, and make enrollment decisions. The rules are intended to […]
- [House and Senate Pass New and Improved PPP Guidance](https://helpdesksuites.com/2020/06/04/house-and-senate-pass-new-and-improved-ppp-guidance/): Hey Compliance Warriors! Yesterday afternoon, the Senate voted YES on H.R.7010 – Paycheck Protection Program Flexibility Act of 2020. This means a lot of good news for employers who have been struggling to fulfill the requirements of the original PPP. Read on…
- [Washington State Mandates Gender Diversity In Company Boardrooms](https://helpdesksuites.com/2020/06/03/washington-state-mandates-gender-diversity-in-company-boardrooms/): Hey Compliance Warriors! The state of Washington is taking action against gender inequality. It may take a little time to implement, but the results will be well worth it. For more information on the implementation strategy, Read on… Article Via: shearman.com “Pursuant to the recently-amended Washington Business Corporation Act (WBCA), effective June 11, 2020, corporations subject to the WBCA that are public companies[1] will be required to either have a “gender-diverse board” by January 1, 2022 or comply with new board diversity disclosure requirements. The law considers a board to be gender diverse if, for at least 270 days of the fiscal […]
- [A Meeting of the Minds?](https://helpdesksuites.com/2020/06/01/a-meeting-of-the-minds/): In the recent decision of O’Shaughnessy v. Young Living Essential Oils, the United States Court of Appeals for the Fifth Circuit was presented with a classic contract-law conundrum of an agreement contained in more than one document, which, in this case, related to the oft-cited, but rarely used, Racketeer Influenced Corrupt Organizations Act (“RICO”). In 2015, Julie O’Shaughnessy joined Young Living (“YL” or “Young Living”) after attending a party hosted by a friend. Julie joined the company as a member by signing an online document titled the Young Living Member Agreement (“Agreement”). The Agreement contains a “Jurisdiction and Choice of Law” […]
- [Updated Medical Marijuana Act Protecting Florida Workers](https://helpdesksuites.com/2020/06/01/new-medical-marijuana-act-protecting-florida-workers/): Hey Compliance Warriors! News on some legislation coming out of Florida. The effort to protect employees’ right to use medical marijuana as long as it doesn’t impact their job performance, mainly safety, is ongoing. To learn about what’s happening now in Florida, Read On… Article Via: orlandoweekly.com Florida voters approved an amendment legalizing marijuana in 2016, but employees and job applicants who are required to take drug tests can still be fired if the results are positive. A new bill in the Florida House aims to change this, by protecting licensed medical marijuana patients. Two Democratic lawmakers, state Sen. Lori Berman […]
- [Updated COVID-19 Guidance Addressing Medical Conditions](https://helpdesksuites.com/2020/06/01/updated-covid-19-guidance-addressing-medical-conditions/): Hey Compliance Warriors! We’re getting newer research data every day about what existing medical conditions are affected by COVID. Because of this, guidelines to protect our employees are often updated or changed. Stay abreast of the changes with this article! Read on… Article Via: esrcheck.com “On May 7, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) again updated and expanded its COVID-19 technical assistance publication to address questions arising under the Federal Equal Employment Opportunity (EEO) Laws related to the Coronavirus (COVID-19) pandemic, according to an EEOC press release. The publication titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO […]
- [How to reduce compliance risk](https://helpdesksuites.com/2020/05/29/how-to-reduce-compliance-risk/): Hey Compliance Warriors! We’re all about compliance here obviously! Here’s a quick article about ways you can help reduce your risk based on a recent survey involving HR professionals. Read on… Article Via: workforce.com “Compliance is complicated and time-consuming, and employers don’t have the time to become experts in every rule or regulation that impacts their business. For any organization, addressing how to reduce compliance risk requires the right external and internal resources. Failure to adhere to compliance requirements exposes an organization to lawsuits, costly fines and other penalties as well as negative publicity and harm to business reputation, noted XpertHR in […]
- [Supreme Court Takes On Employment Bias at Religious Schools](https://helpdesksuites.com/2020/05/29/supreme-court-takes-on-employment-bias-at-religious-schools/): Hey Compliance Warriors! The separation of church and state has long been a fickle thing in America. But this recent discrimination case is trying to widen the gap further by creating a more fairly balanced teaching environment inside religious academic institutions. Read on… Article Via: nytimes.com “WASHINGTON — The Supreme Court heard arguments on Monday on how broadly federal employment discrimination laws apply to schools run by churches in two cases that will give the court another opportunity to rule on the proper relationship between church and state, a topic that has deeply engaged the justices. The cases, which involve teachers […]
- [California Employment Law Cases](https://helpdesksuites.com/2020/05/27/california-employment-law-cases/): Hey Compliance Warriors! Here’s a number of Employment cases going on in California currently. There’s a case here for everyone to glean some useful HR knowledge. Read on… Article Via: proskauer.com “Court Reverses $13 Million Gender Discrimination Verdict Entered Against UCLA Pinter-Brown v. The Regents of the Univ. of Cal., 2020 WL 1950808 (Cal. Ct. App. 2020) The California Court of Appeal reversed a $13 million judgment that was entered against UCLA in favor of one of its former professors of medicine, Dr. Lauren Pinter-Brown, who sued for alleged gender discrimination and age discrimination and harassment (the jury returned a verdict […]
- [What Philadelphia Experts Are Saying Can Protect Workers During Pandemic](https://helpdesksuites.com/2020/05/27/what-philadelphia-experts-are-saying-can-protect-workers-during-pandemic/): Hey Compliance Warriors! We’re all looking at new and better ways to protect ourselves, our families, and our employees these days. Multiple experts have weighed in as to what to do over on the east coast in Philly. Read on… Article Via: inquirer.com In April, a pork plant worker and a labor group filed a lawsuit against the worker’s employer, Smithfield Foods, for failing to keep workers, and the Missouri town where the plant was based, safe. The complaint alleged Smithfield was a “public nuisance” and asked not for money, but for safer working conditions. Although the lawsuit was eventually thrown out, […]
- [California Leans Toward Protecting More Medical Cannabis Users](https://helpdesksuites.com/2020/05/26/california-leans-toward-protecting-more-medical-cannabis-users/): Hey Compliance Warriors! Wednesday is hump day, but it’s also hemp day, now (so say I). Medical Marijuana news has been on the back burner because of COVID but these laws are always cropping up regardless. Read on… Article Via: ogletree.com “Although California was one of the first states to legalize medical cannabis, and later recreational cannabis, voters and the courts have long resisted extending protections against discrimination in employment to cannabis users. In 1996, California voters passed Proposition 215, also known as the Compassionate Use Act of 1996, legalizing the use of cannabis for medical purposes, such as the treatment […]
- [COVID-19 Reporting: OSHA Guidance Changes TODAY](https://helpdesksuites.com/2020/05/26/covid-19-reporting-osha-guidance-changes-today/): Hey Compliance Warriors! This memorandum provides updated interim guidance to Compliance Safety and Health Officers (CSHOs) for enforcing the requirements of 29 CFR Part 1904 with respect to the recording of occupational illnesses, specifically cases of COVID-19. On May 26, 2020, the previous memorandum on this topic[1] will be rescinded, and this new memorandum will go into and remain in effect until further notice. This guidance is intended to be time-limited to the current COVID-19 public health crisis. Please frequently check OSHA’s webpage at www.osha.gov/coronavirus for updates.
- [Remote Internal Investigations During COVID-19 - Audio Blog](https://helpdesksuites.com/2020/05/22/conducting-internal-investigations-remotely-during-the-covid-19-pandemic/): Hey Compliance Warriors! We’ve got n audio blog for your listening pleasure today. All about conducting remote internal investigations. The link can be found below to the host site. Listen on… Article Via: ogletree.com As restrictions related to the COVID-19 pandemic continue to alter the workplace, Andre’ Caldwell discusses best practices and tips for conducting investigations remotely. Follow this link to listen to the podcast    For More Information Follow This Link About LISA SMITH Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more in her […]
- [Connecticut Reopening Guidelines](https://helpdesksuites.com/2020/05/22/returning-to-work-in-connecticut-phase-1-guidelines/): Hey Compliance Warriors! Connecticut has started phase 1 of it’s reopening process and has released its guidelines for doing so. Even if you aren’t a CT resident if you have offices in the area, or have employees that travel there on business, these guidelines will help you and yours stay safe. Read on… Article Via: fordharrison.com “Governor Ned Lamont has approved a phased reopening of Connecticut businesses. Phase 1, set to begin on May 20, 2020, will by no means, however, be a return to normal. With a mandate that everyone adhere to all social distancing guidelines and wear a face […]
- [The Fifth Circuit Examines the Highly-Compensated Employee Exemption Under the FLSA](https://helpdesksuites.com/2020/05/21/the-fifth-circuit-examines-the-highly-compensated-employee-exemption-under-the-flsa/): The Fifth Circuit recently examined the job duties required to qualify as a highly compensated employee under the FLSA.  Smith v. Ochsner Health Sys., No. 18-31264, — F.3d –, 2020 WL 1897186 (5th Cir. Apr. 17, 2020).  The Fair Labor Standards Act (“FLSA”) exempts certain highly-compensated employees (“HCEs”) from the requirement that they receive overtime pay for hours worked over 40 in a workweek.  To be considered highly compensated, the employee must receive both (1) at least $684 per week paid on a salary or fee basis; and (2) at least $107,432 in total annual compensation.  The regulation goes on to […]
- [Final Rule: Fluctuating Workweek Method of Computing Overtime](https://helpdesksuites.com/2020/05/20/final-rule-fluctuating-workweek-method-of-computing-overtime/): Hey Compliance Warriors! On May 20, 2020, the U.S. Department of Labor announced a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. The final rule clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor Standards Act (FLSA).  Read on…
- [Statewide Return to Work Protocols](https://helpdesksuites.com/2020/05/19/statewide-return-to-work-protocols/): Hey Compliance Warriors! Government officials across the country are easing up on business closures and stay at home orders. Here is an article and table of reopening protocols as of today. Read on…
- [Federal MSLP Loans Offer Funds to Small Businesses](https://helpdesksuites.com/2020/05/19/federal-reserves-main-street-lending-program-offers-liquidity-to-small-and-medium-sized-businesses/): Hey Compliance Warriors! If your PPP loan wasn’t quite enough, or if you weren’t able to get to it because of the first-come-first-serve nature of it, then you can try an MSLP loan. They’re quite different from PPP loans so read the details carefully below. Read on… Article Via: hollandhart.com “The Board of Governors of the Federal Reserve System (the Fed) recently released terms for its Main Street Lending Program (MSLP), a program authorized under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and intended to facilitate lending by Eligible Lenders to small and medium-sized businesses, including small businesses […]
- [New Title IX Rules & Implementing Them](https://helpdesksuites.com/2020/05/19/navigating-and-implementing-the-new-title-ix-rules-policies-trainings-and-campus-communication-strategies/): Hey Compliance Warriors! It’s taken a long time but the DOE has launched its new rulings for Title 9 which makes a ton of changes to the law. The proceeding article is a comprehensive list of ways to implement these changes, training, and what many of the changes are. Read on…   Article Via: nelsonmullins.com “On May 6, 2020, after a two-year drafting process, the U.S. Department of Education (“DOE”) released its new and revised Title IX regulations[1] (the “Final Rule”), significantly expanding and defining educational institutions’ regulatory obligations for responding to and addressing alleged sexual harassment and misconduct within education programs […]
- [U.S. DEPARTMENT OF LABOR ISSUES FINAL RULE TO SIMPLIFY RETAIL OR SERVICE ESTABLISHMENT EXEMPTION](https://helpdesksuites.com/2020/05/18/u-s-department-of-labor-issues-final-rule-to-simplify-retail-or-service-establishment-exemption/): Hey Compliance Warriors! The U.S. Department of Labor today announced a final rule to provide greater simplicity and flexibility to retail industry employers. Provisions in the Fair Labor Standards Act (FLSA) allow employers in retail and service industries to exempt certain employees paid primarily on a commission basis from overtime. Read on… Today’s rule withdraws two provisions from the Department’s Wage and Hour Division regulations. The first listed industries that the Department previously viewed as having “no retail concept,” which made them ineligible to claim the exemption. The second listed industries that, in the Department’s view, “may be recognized as retail,” […]
- [PPP Loan Forgiveness Application Released](https://helpdesksuites.com/2020/05/16/ppp-loan-forgiveness-application-released/): Hey Compliance Warriors! Yesterday, Friday, May 15th, 2020, the SBA and U.S. Treasury released the highly anticipated PPP Loan Forgiveness Application. The application and instructions total 11 pages and come with new instructions for the confusing FTE calculations and a 2-part application/worksheet combo. We were also told which documents must be submitted along with your worksheets and which documents you must simply keep on file – just in case they ask. The Treasury also said we can expect some extended guidance shortly. DO YOU LIKE A GOOD STORY PROBLEM?   We believe it is time to plan a Boss Call to breakdown and explain the forgiveness process […]
- [IRS Reverses Course on Employee Retention Credit](https://helpdesksuites.com/2020/05/15/irs-reverses-course-on-employee-retention-credit/): On May 11, the IRS updated FAQs 64 and 65 and added new FAQ 79. Q&As 64 and 65 now state that employers can claim the ERC for qualified health care expenses regardless of whether the employee is paid qualified wages. The revised FAQs clarify this new interpretation with five examples in which qualified health care expenses paid to furloughed employees are considered qualified wages for purposes of the employee retention credit. This is welcome news for employers and will encourage them to continue paying health plan expenses for employees on furlough. About LISA SMITH Lisa Smith is CEO of Andere Corporation and Chief […]
- [California Issues COVID-19 Infection Time-Table For Employee Claims](https://helpdesksuites.com/2020/05/15/california-issues-covid-19-infection-time-table-for-employee-claims/): Hey Compliance Warriors! California is trying to handle all the “I got coronavirus at work” claims in a reasonable way. The Governer’s office issued an Executive Order to filter through these claims. Read on… Article Via: calemploymentlawupdate.proskauer.com “On May 6, 2020, Governor Newsom issued Executive Order N-62-20, which creates a time-limited rebuttable presumption that workers who are still reporting to their employer’s workplace and who test positive for COVID-19 are eligible for workers’ compensation benefits.  Specifically, the Order provides that any COVID-19-related illness of an employee shall be “presumed to arise out of and in the course of the employment” if […]
- [ICE announces extension of flexibility in rules related to Form I-9 compliance](https://helpdesksuites.com/2020/05/15/ice-announces-extension-of-flexibility-in-rules-related-to-form-i-9-compliance/): Hey Compliance Warriors! U.S. Immigration and Customs Enforcement (ICE) announced, on May 14th, an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Read on…
- [IRS Releases New Guidance for Section 125 Cafeteria Plans](https://helpdesksuites.com/2020/05/14/irs-releases-new-guidance-for-section-125-cafeteria-plans/): Hey Compliance Warriors! The Internal Revenue Service released guidance, on Wednesday, to allow temporary changes to section 125 cafeteria plans. These changes extend the claims period for health flexible spending arrangements (FSAs) and dependent care assistance programs and allow taxpayers to make mid-year changes. Read on…
- [Returning to Work after COVID-19](https://helpdesksuites.com/2020/05/13/returning-to-work-after-covid-19/): Hey Compliance Warriors! Today we’ve got a short podcast episode to listen to since everyone is starting to get back to work now, here’s an episode from constangy.com about getting back to work following this madness. Listen on… Article Via: www.constangy.com “What legalities and logistics do companies need to consider when returning employees to the physical workplace in a post-coronavirus world? Listen in for practical tips about minimizing your company’s potential liability, hypotheticals in the state of Disbelief, advice on COVID-19 testing, and nominations for the best coronavirus meme. This podcast is made available for educational purposes only, to give you […]
- [OSHA Safety Tips for Food & Drink Establishments](https://helpdesksuites.com/2020/05/13/osha-safety-tips-for-restaurants/): Hey Compliance Warriors! OSHA has wisely given some guidance on food & drink establishments beginning to reopen through the following weeks and months. Read on… Article Via: environmentalsafetyupdate.com “The restaurant and food and beverage industries have, like many others, been significantly impacted by COVID-19 in several states, forcing many restaurant owners to scale back operations or shutter entirely. OSHA and the U.S. Centers for Disease Control and Prevention (CDC) have found that close and prolonged contact between employees on the job and during transportation to and from the worksite may be increasing workers’ risk for exposure to the virus. OSHA recommends […]
- [BREAKING NEWS: DOL Withdraws 3 Opinion Letters](https://helpdesksuites.com/2021/01/26/breaking-news-dol-withdraws-3-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced that it is withdrawing three opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. Read on…
- [BREAKING NEWS: New law extends COVID tax credit for employers who keep workers on payroll](https://helpdesksuites.com/2021/01/26/breaking-news-new-law-extends-covid-tax-credit-for-employers-who-keep-workers-on-payroll/): Hey Compliance Warriors! The Internal Revenue Service urges employers to take advantage of the newly-extended employee retention credit, designed to make it easier for businesses that, despite challenges posed by COVID-19, choose to keep their employees on the payroll. Read on…
- [BREAKING NEWS: CDC ISSUES NEW COVID-19 VACCINE TOOLKIT FOR EMPLOYERS](https://helpdesksuites.com/2021/01/25/breaking-news-cdc-issues-new-covid-19-vaccine-toolkit-for-employers/): Hey Compliance Warriors! In some states, essential workers already have access to vaccines to help protect them against COVID-19. These vaccines will be available to essential workers across the nation soon. CDC has provided a toolkit to help employers educate their essential workers about this important new prevention tool. Read on…
- [BREAKING NEWS: White House Issues New Fact Sheet with 2 Big Employment Law Implications](https://helpdesksuites.com/2021/01/25/breaking-news-white-house-issues-new-fact-sheet-with-2-big-employment-law-implications/): Hey Compliance Warriors! Last week, the White House issued a new fact sheet outlining executive actions the Biden administration is taking in the first 100 days. Here are two big employment law points that could affect employers very soon. Read on…
- [Paying Employees in Weather Emergencies](https://helpdesksuites.com/2021/01/20/paying-employees-in-weather-emergencies/): Now that the political storm has (hopefully) subsided for a bit, let’s talk about another kind of potential disturbance: weather.  You know the feeling – suddenly you hear all the cell phones around you issue that long beep or siren indicating that hazardous weather may be approaching.  Although many people are still working remotely, there are large portions of the population that are still (or once again) traveling to the workplace. With that in mind, let’s take a few minutes to considering how to address inclement weather in your workplace. First Thoughts For many employers (at least in my experience), when […]
- [BREAKING NEWS: U.S. DOL Issues 4 New Opinion Letters](https://helpdesksuites.com/2021/01/19/breaking-news-u-s-dol-issues-4-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced four new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. Read on…
- [BREAKING NEWS: U.S. DOL Issues 3 New Opinion Letters](https://helpdesksuites.com/2021/01/17/breaking-news-u-s-dol-issues-3-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced three new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. Read on…
- [Significant Workplace Changes in Store Under the Biden - Harris Administration](https://helpdesksuites.com/2021/01/13/significant-workplace-changes-in-store-under-the-biden-harris-administration/): From making equal pay more of a reality to increasing minimum wage, pro-worker and pro-union labor policies, and more anti-discrimination protections, the new administration has stated support for many legislative and regulatory proposals that would completely change the employment and labor law landscape. With the victories in the Georgie Senate runoff elections (and the unified Congress which is the first in nine-year), employers should expect new and amended workplace laws and rules in 2021.  Now that we have a better idea of what the next several years will look like, here are a few initiatives that will likely be set forth […]
- [BREAKING NEWS: USCIS to Replace Sticker That Extends Validity of Green Cards](https://helpdesksuites.com/2021/01/13/breaking-news-uscis-to-replace-sticker%e2%80%afthat-extends-validity-of-green-cards/): Hey Compliance Warriors! Starting in January, USCIS will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Form I-551, Permanent Resident Card (PRC or “Green Card”), with a revised Form I-797, Notice of Action. LPRs file Form I-90, Application to Replace Permanent Resident Card, when their Green Cards expire or are about to expire. The revised Form I-797 notice will serve as a receipt notice for the Form I-90. Read on…
- [BREAKING NEWS: EEOC SCHEDULES 2021 OPENINGS OF EEO DATA COLLECTIONS](https://helpdesksuites.com/2021/01/13/breaking-news-eeoc-schedules-2021-openings-of-eeo-data-collections/): Hey Compliance Warriors! After delaying the opening of the 2019 EEO-1 Component 1 and the 2020 EEO-3 and 2020 EEO-5 Data Collections on May 8, 2020 in light of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) announced today that the collections will open in 2021. Read on…
- [COVID Vaccine Incentives Complicated by ADA](https://helpdesksuites.com/2021/01/13/covid-vaccine-incentives-complicated-by-ada/): Hey Compliance Warriors! Employers are wanting to provide incentives to employees in order to get more folks on board with the COVID vaccine. But, can they really do this without a hitch? Read on…
- [BREAKING NEWS: DOL Issues Two More New Opinion Letters](https://helpdesksuites.com/2021/01/11/breaking-news-dol-issues-two-more-new-opinion-letters/): Hey Compliance Warriors! Last week, the U.S. Department of Labor announced two new opinion letters that provide compliance assistance related to the Fair Labor Standards Act (FLSA). Read on…
- [State Minimum Wage Increases for 2021](https://helpdesksuites.com/2021/01/07/state-minimum-wage-increases-for-2021/): Minimum wage increases will affect numerous states across the country in January 2021. 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. Therefore, if a state or municipality has a minimum wage that is higher than the federal minimum, employers subject to the state or local minimum wage law are obligated to pay the higher rate to employees working there. With that in mind, let’s take a quick look at many of the minimum wage changes that […]
- [BREAKING NEWS: DOL issues Field Assistance Bulletin: Electronic posting for purposes of the FLSA, FMLA, Section 14(c)of the FLSA, EPPA, SCA, and DBA ](https://helpdesksuites.com/2021/01/06/breaking-news-dol-issues-field-assistance-bulletin-electronic-posting-for-purposes-of-the-flsa-fmla-section-14cof-the-flsa-eppa-sca-and-dba/): Hey Compliance Warriors! On December 29th, 2020, the U.S. Department of Labor issued Field Assistance Bulletin 2020-7  Electronic posting for purposes of the FLSA, FMLA, Section 14(c)of the FLSA, EPPA, SCA, and DBA.  Read on…
- [BREAKING NEWS: Eligible Paycheck Protection Program expenses now deductible](https://helpdesksuites.com/2021/01/06/eligible-paycheck-protection-program-expenses-now-deductible/): Hey Compliance Warriors! The Treasury Department and the Internal Revenue Service issued guidance today allowing deductions for the payments of eligible expenses when such payments would result (or be expected to result) in the forgiveness of a loan (covered loan) under the Paycheck Protection Program (PPP).   Read on…
- [BREAKING NEWS: U.S. Department of Labor Announces Final Rule to Clarify Independent Contractor Status under the Fair Labor Standards Act](https://helpdesksuites.com/2021/01/06/breaking-news-u-s-department-of-labor-announces-final-rule-to-clarify-independent-contractor-status-under-the-fair-labor-standards-act/): Hey Compliance Warriors! The U.S. Department of Labor today announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA).   Read on…
- [The Department of Labor Issues Final Rule on Handling Tips and Eliminating the 80/20 Rule](https://helpdesksuites.com/2021/01/04/the-department-of-labor-issues-final-rule-on-handling-tips-and-eliminating-the-80-20-rule/): The United States Department of Labor (DOL) issued a final rule (the Rule) on December 22, 2020, addressing tipped employees and the Fair Labor Standards Act (FLSA).  The Rule will become effective 60 days after it is published in the Federal Register. The rule discusses two important areas: The Rule eliminates the confusing 80/20 Rule at the federal level, prohibits employers from keeping tips received by their employees, and forbids managers and supervisors from participating in tip pools and keeping any portion of employees’ tips. Further, it adopts the DOL’s 2018 opinion letter that discusses the scope of the dual job […]
- [BREAKING NEWS: U.S. DEPARTMENT OF LABOR PUBLISHES GUIDANCE ON EXPIRATION OF FFCRA LEAVE](https://helpdesksuites.com/2021/01/04/breaking-news-u-s-department-of-labor-publishes-guidance-on-expiration-of-ffcra-leave/): Hey Compliance Warriors! The U.S. Department of Labor’s Wage and Hour Division (WHD) today announced additional guidance to provide information to workers and employers about protections and relief offered by the Families First Coronavirus Response Act (FFCRA). The FFCRA’s paid sick leave and expanded family and medical leave requirements will expire on Dec. 31, 2020.  Read on…
- [BREAKING NEWS: DOL Issues Two New Opinion Letters](https://helpdesksuites.com/2020/12/31/breaking-news-dol-issues-two-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced two new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. Read on…
- [Minimum Wage Update 2021](https://helpdesksuites.com/2020/12/28/minimum-wage-update-2021/): Hey Compliance Warriors! Here is a list of minimum wage changes through mid-2021 as of today. Read on…
- [Breaking News: COVID Relief Bill Passed - President Has Signed into Law 12.27.2020](https://helpdesksuites.com/2020/12/27/breaking-news-covid-relief-bill-passed-president-has-signed-into-law-12-27-2020/): Hey Compliance Warriors! On December 21st, Congress passed the long-awaited Coronavirus Relief Bill. There are many pieces to this new package and here are some of the highlights. Read on…
- [Breaking News: DHS Extends Form I-9 Requirement Flexibility (12/23/20)](https://helpdesksuites.com/2020/12/24/breaking-news-dhs-extends-form-i-9-requirement-flexibility-12-23-20/): Hey Compliance Warriors! The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. Read on…
- [EEOC Confirms Employers Can Mandate COVID-19 Vaccine… With restrictions](https://helpdesksuites.com/2020/12/23/eeoc-confirms-employers-can-mandate-covid-19-vaccine-with-restrictions/): With the current roll-out of the COVID-19 vaccine for mass distribution, legal specialist guessed that employers would be allowed to require their employees to get the vaccine subject to limited restrictions. The guess was largely based on the Equal Opportunity Employment Commission’s (EEOC) guidance in regard to the flu vaccine. The EEOC is a federal agency that has the power to enforce federal discrimination laws. On December 16, 2020, the EEOC weighed in on the COVID-19 vaccine, confirming that, in the EEOC’s opinion, employers may have mandatory vaccine polices, and addressing the limited restrictions as to when employers may have to […]
- [Breaking News: U.S. Department of Labor Issue Final Rule to Amend Tipped Employee Regulations](https://helpdesksuites.com/2020/12/22/breaking-news-u-s-department-of-labor-issue-final-rule-to-amend-tipped-employee-regulations/): Hey Compliance Warriors! The U.S. Department of Labor today announced a final rule protecting the tips of employees. This rule addresses amendments made to Section 3(m) of the Fair Labor Standards Act (FLSA) by the Consolidated Appropriations Act of 2018 (CAA).  Read on…
- [Holiday Gift Cards: Taxable or Not?](https://helpdesksuites.com/2020/12/22/holiday-gift-cards-taxable-or-not/): Hey Compliance Warriors! Holidays are the time of the year when employers give gift cards in large quantities. They are quick and easy and also very much appreciated by everyone. But, are they taxable as income or are they considered a De Minimis gift? Read on…
- [Breaking News: IRS issues standard mileage rates for 2021](https://helpdesksuites.com/2020/12/22/breaking-news-irs-issues-standard-mileage-rates-for-2021/): Hey Compliance Warriors! The Internal Revenue Service today issued the 2021 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Read on…
- [Can Employers Mandate COVID-19 Vaccinations?](https://helpdesksuites.com/2020/12/17/can-employers-mandate-covid-19-vaccinations/): Recently, it seems that as a new COVID-19 vaccine has begun its slow distribution across the county (and the world), that some people have a glint of hope returning to their eyes.  Maybe it’s true, maybe our learned scientist, researchers, and modern technology can take a novel coronavirus and in less than a year create an effective vaccine. However, it seems that at this point, more questions than answers are traveling with those vaccine convoys; and many of those questions are being asked by employers and employees.  Specifically, employers are curious as to whether they can (or should) mandate that their […]
- [Breaking News: EEOC Greenlights Employer Mandated COVID-19 Vaccine](https://helpdesksuites.com/2020/12/17/breaking-news-eeoc-greenlights-employer-mandated-covid-19-vaccine/): Hey Compliance Warriors! On December 16th, the EECO published updates to their COVID guidance for employers. This guidance says employers are allowed to require employees to get the COVID-19 vaccine with a few exceptions.  Read on…
- [Breaking News: EEOC Issues Updated Covid-19 Technical Assistance Publication](https://helpdesksuites.com/2020/12/16/breaking-news-eeoc-issues-updated-covid-19-technical-assistance-publication/): Hey Compliance Warriors! The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.  Read on…
- [HR Updates December 2020](https://helpdesksuites.com/2020/12/15/hr-updates-december-2020/): Hey Compliance Warriors! We know that our HR world is changing constantly. Here are a few of the recent updates.  Read on… DOL Confirms it Will Comply With New Court Order on Wage Rates The U.S. Department of Labor has announced that it plans to comply with a new U.S. district court order ruling that the agency violated the Administrative Procedure Act by failing to engage in the proper rule-making process for a new interim final rule (IFR) that implemented significant and immediate increases in prevailing wage rates for skilled foreign workers. The court order, issued December 1, 2020, is effective […]
- [HIPAA, Employers and COVID-19 - Oh My!](https://helpdesksuites.com/2020/12/14/hipaa-employers-and-covid-19-oh-my/): Hey Compliance Warriors! Employers often ask me if HIPAA applies to the workplace. Normally, the answer is no. But, here is a better explanation. Read on… When COVID-19 first began to spread in the United States, a recurring question we received was whether employers become subject to HIPAA by taking employee temperatures or collecting medical information. The answer generally is that HIPAA does not apply to employers, and that this medical information is instead subject to other laws, such as the Americans with Disabilities Act (ADA). But the days of employers relying solely on temperature checks and questionnaires are behind us, […]
- [Mandatory Vaccines: Can an Employer Mandate the COVID-19 Vaccine?](https://helpdesksuites.com/2020/12/10/mandatory-vaccines-can-an-employer-mandate-the-covid-19-vaccine/): Hey Compliance Warriors! With the upcoming rollout of the COVID-19 vaccine, many employers are trying to decide whether or not they will be allowed (or should) make the vaxx mandatory. How about you? Read on… DECEMBER 10, 2020 – CHRISTINE GANTT-SORENSON Vaccines and health screenings are medical examinations under the Americans with Disabilities Act (ADA). An employer requiring a vaccine must do so for a legitimate business reason or as required to protect the workplace under analysis of the ADA’s “direct threat” standard.  Essentially, the type of business usually dictates whether vaccines should be mandatory. For example, healthcare, schools and nursing homes […]
- [Employment Moves Biden Could Make within His First 100 Days: Part 2](https://helpdesksuites.com/2020/12/04/employment-moves-biden-could-make-within-his-first-100-days-part-2/): Day by day, we move closer to the initial term for a new President of the United States. While there are many thoughts and opinions about the change, we all know that the change is coming, and with a new President, comes a new administration.  Each presidential administration has the opportunity to have a tremendous impact on the laws of the workplace. With that in mind, last week we looked some of the changes that the new administration could make in its first 100 days. This is the second part of those potential changes. Revive ‘Right of Refusal’ Order The Biden […]
- [Breaking News from the Centers for Disease Control](https://helpdesksuites.com/2020/12/03/breaking-news-from-the-centers-for-disease-control/): Hey Compliance Warriors! Yesterday, the CDC released updated guidance for quarantine after exposure to a positive case. Read on… Local public health authorities determine and establish the quarantine options for their jurisdictions. CDC currently recommends a quarantine period of 14 days. However, based on local circumstances and resources, the following options to shorten quarantine are acceptable alternatives. Quarantine can end after Day 10 without testing and if no symptoms have been reported during daily monitoring. With this strategy, residual post-quarantine transmission risk is estimated to be about 1% with an upper limit of about 10%. When diagnostic testing resources are sufficient […]
- [Employment Moves Biden Could Make within His First 100 Days: Part 1](https://helpdesksuites.com/2020/12/01/employment-moves-biden-could-make-within-his-first-100-days-part-1/): Many of us are looking forward to 2020 coming to an end and jumping into the fresh start that 2021 promises.  However, while we wait patiently with thoughts of vaccines, handshakes, and sugarplums dancing in our heads, and with what could be in possibly the most celebrated New Years’ Eve in history around the corner, one other change we must consider is that of the new Presidential administration’s views on laws of the workplace. While the states have a tremendous amount of control over their state level laws, the federal has nearly absolute control on the federal legal framework that underlies […]
- [Breaking News from the Department of Labor](https://helpdesksuites.com/2020/12/01/breaking-news-from-the-department-of-labor/): Hey Compliance Warriors! The U.S. Department of Labor yesterday announced two new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. Read on… The opinion letters issued yesterday are: FLSA2020-17: Addressing whether the regular rate of pay of an employee who is paid on a piece-rate basis may be calculated by dividing total earnings by the number of productive and nonproductive […]
- [California Approves New COVID-19 Reporting and Notification Requirements for 2021](https://helpdesksuites.com/2020/11/23/california-approves-new-covid-19-reporting-and-notification-requirements-for-2021/): Hey Compliance Warriors! On November 19th, the Cal/OSHA folks approved a new COVID-19 notice and reporting requirement for 2021. Read on… Via https://ogletree.com/insights/california-passes-emergency-workplace-covid-19-regulation/ On November 19, 2020, the California Occupational Safety and Health Standards Board voted and approved an emergency COVID-19 regulation governing employers and workplaces. With more than 500 people virtually attending the monthly Standards Board meeting and many worker advocacy groups pressing for quick adoption of the draft regulation, the public comments—which came from teaching organizations, retail employees, agricultural employee advocates, and a broad labor coalition—were prolonged. A representative from the California Chamber of Commerce expressed a variety of concerns, including […]
- [Breaking News from the CDC](https://helpdesksuites.com/2020/11/20/breaking-news-from-the-cdc/): Hey Compliance Warriors! On November 16th, the CDC updated its guidance for essential critical infrastructure employees. Read on… Summary of Changes Below are changes as of November 16, 2020 Public health recommendations have been updated to accommodate new scientific evidence, evolving epidemiology, and the need to simplify the assessment of risk. Updated recommendations are based on: Growing evidence of transmission risk from infected people without symptoms (asymptomatic) or before the onset of recognized symptoms (pre-symptomatic); Ongoing community transmission in many parts of the country; A need to communicate effectively to the general public; Continued focus on reducing transmission through social distancing and […]
- [4 Ways Legal Problems are Created from Virtual Meetings](https://helpdesksuites.com/2020/11/20/4-ways-legal-problems-are-created-from-virtual-meetings/): Part of the job of an HR professional is staying apprised of the ever-changing workplace landscape; that has never been truer (or more difficult) than it is in 2020. With widespread quarantines and travel restrictions, the employer/employee relationship is being tested in ways many of us never thought possible. However, amongst all the changes, one thing that is probably safe to say is that virtual and remote workers are here to stay – at least for now.  And because Zoom calls and Microsoft Teams meetings are not going anywhere, experts are now saying employers need to be on alert for various […]
- [Breaking News from the IRS](https://helpdesksuites.com/2020/11/20/breaking-news-from-the-irs/): Hey Compliance Warriors! What’s the IRS been up to this month? Read on… Nov. 21 deadline nears to register online for Economic Impact Payment; Some people can claim special credit next tax filing season IR-2020-257, November 17, 2020 — The IRS today reminded anyone who doesn’t normally file a tax return that they have until 3 p.m. EST this Saturday, November 21, to register with the IRS for an Economic Impact Payment. Get Ready for Taxes: Get ready now to file 2020 federal income tax returns IR-2020-256, November 17, 2020 — The Internal Revenue Service today encouraged taxpayers to take necessary […]
- [EEOC SEEKS PUBLIC INPUT ON REVISED ENFORCEMENT GUIDANCE ON RELIGIOUS DISCRIMINATION](https://helpdesksuites.com/2020/11/19/eeoc-seeks-public-input-on-revised-enforcement-guidance-on-religious-discrimination/): Hey Compliance Warriors! The EEOC has said it’s time to update the enforcement guidance regarding religious discrimination. Would you like to put in your 2 cents? Read on… Document Clarifies Protections for Employers and Employees Under the Law WASHINGTON – The U.S. Equal Employment Opportunity Commission (“EEOC”) announced today that it is seeking public input on its updated Compliance Manual Section on Religious Discrimination (“Manual”). The updated guidance describes in what ways Title VII of the Civil Rights Act of 1964 (Title VII) protects individuals from religious discrimination in the workplace and sets forth the legal protections available to religious employers. […]
- [DHS Extends Form I-9 Requirement Flexibility](https://helpdesksuites.com/2020/11/18/dhs-extends-form-i-9-requirement-flexibility-11-18-20/): Hey Compliance Warriors! The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.  Read on… This temporary guidance was set to expire November 19. Because of ongoing precautions related to COVID-19, DHS has extended this policy until December 31, 2020. This provision only applies to employers and workplaces that are operating remotely. See the original news release for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9. […]
- [Vaccination or No Vax?](https://helpdesksuites.com/2020/11/18/vaccination-or-no-vax/): Hey Compliance Warriors! Will you vaccinate? Will you require employees to vaccinate? Can you? Read on…  By Patricia Anderson Pryor, Francis P. Alvarez, Katharine C. Weber & Tara K. Burke As we enter flu season (in the midst of a national spike in COVID-19 cases), and it now appears that a COVID-19 vaccine is on the horizon, employers are struggling with whether they should require employees to be vaccinated for seasonal influenza and/or COVID-19 infection.  After the year that many have had, there is a natural reaction to jump at the idea of mandating vaccinations.  But for employers, there are many considerations that should be […]
- [HR Law Update for 2021](https://helpdesksuites.com/2020/11/18/hr-law-update-for-2021/): Hey Compliance Warriors! What’s happening next year? Read on… By Heather St. Clair and Bruce Sarchet As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions.  Compared to prior years, there are significantly fewer new laws and regulations taking effect the first of the year. This is likely because state legislatures focused on emergency pandemic-related laws while in session. Nonetheless, employers will still face many new obligations in the months ahead. Some states and localities are enacting legislation to better distinguish independent contractors […]
- [Common errors to avoid when claiming employer tax credits](https://helpdesksuites.com/2020/11/18/common-errors-to-avoid-when-claiming-employer-tax-credits/): Hey Compliance Warriors! Employers who are filing Form 941, Employer’s Quarterly Federal Tax Return and claiming an employer tax credit should read the instructions carefully and take their time when completing the form to avoid mistakes. Read on… Issue Number: COVID Tax Tip 2020-157 Using a reputable tax preparer including certified public accountants, enrolled agents or other knowledgeable tax professionals can also help avoid errors. Mistakes can result in a processing delay or a balance due notice, which could mean a delay or require filing an amended return. Here are some common mistakes to avoid when completing Form 941: Reporting advances requested instead of the advance payments […]
- [Colorado Issues Final Rules on Equal Pay for Equal Work Act](https://helpdesksuites.com/2020/11/17/colorado-issues-final-rules-on-equal-pay-for-equal-work-act/): Hey Compliance Warriors! The Colorado DOL has issued its final equal pay transparency rule. Read on… By Josh Kirkpatrick and Jennifer Harpole On November 10, 2020, the Colorado Department of Labor and Employment (CDLE) issued its final Equal Pay Transparency (EPT) Rules implementing Colorado’s Equal Pay for Equal Work Act, which goes into effect January 1, 2021.  The final EPT Rules differ significantly from the proposed rules, particularly with respect to the compensation range disclosure requirements for jobs performed outside Colorado. The final Rules, however, still require any employer with even one Colorado employee to do the following: Inform all Colorado employees of promotional opportunities […]
- [Michigan Locks Down for Thanksgiving Holiday](https://helpdesksuites.com/2020/11/16/michigan-locks-down-for-thanksgiving-holiday/): Hey Compliance Warriors! They’re locking down turkey day in Michigan this year. Read on… By Jaclyn R. Giffen and Dena Shuayto Nehme https://www.littler.com/publication-press/publication/michigan-locks-down-advance-thanksgiving-holiday Michigan is experiencing “an exponential growth” in COVID-19 cases, with daily new cases reaching over 6,000 (three times more than last spring) and more than 3,000 Michiganders currently hospitalized. To combat the rise in cases, the Michigan Department of Health and Human Services (MDHHS) on November 15, 2020, issued a three-week Epidemic Order under the Public Health Code enhancing social distancing restrictions statewide. The Order reinstitutes prior required closures of specific businesses for a three-week period, including: Offices that can […]
- [HR in Aggregate - Post Election Updates](https://helpdesksuites.com/2020/11/13/hr-in-aggregate-post-election-updates/): Hey Compliance Warriors! Check out the latest news post-election! Read on… Arizona Passes Initiative to Allow Recreational Marijuana Use Arizona 2020 voters decidedly adopted Proposition 207 – The Smart and Safe Arizona Act – which legalizes the possession and use of marijuana by adults age 21 and over for recreational or non-medicinal use. The initiative passed with roughly a 20% margin. This means that Arizona will join the 14 other jurisdictions that have made adult recreational marijuana use legal under local law. Arizona lawmakers have until April 5, 2021, to promulgate implementing regulations. Qualified early applicants (likely including existing medical marijuana […]
- [Potential Presidential Employment Changes](https://helpdesksuites.com/2020/11/11/potential-presidential-employment-changes/): If things remain as they seem and Joe Biden becomes the next President of the United State, then that election change workplace laws. The Trump administration enacted business friendly employment policies that may take a turn now once Biden is in office. According to Biden’s statements, as part of his platform, Biden plans to instill a pro-labor agenda with aims at giving workers and unions an advantage after the employer-friendly Trump administration laws. Biden has stated that he supports the Protecting the Right to Organize Act. Cameron Fox of Paul Hastings LLP states that it “will be the biggest change in […]
- [Effects of Covid19 on Employment Litigation](https://helpdesksuites.com/2020/11/09/effects-of-covid19-on-employment-litigation/): A recent Lex Machina study found that the number of federal employment cases filed in the second and third quarter of 2020 was down. Overall, the filings this year have been lower when compared to the number of filings in 2018 and 2019.  Not surprisingly, harassment and discrimination cases showed the biggest decrease, by almost 20%, likely due to the increase in remote work and decrease in actual interaction between workers.  However, Family and Medical Leave Act (FMLA) claims and wage and hour cases under the Fair Labor Standards Act (FLSA) were down about 10%. To employment practitioners, this is no […]
- [Montgomery County Maryland Redefines Harassment](https://helpdesksuites.com/2020/11/05/montgomery-county-maryland-redefines-harassment/): Hey Compliance Warriors! Montgomery County Maryland has joined the growing list of states and locals that have all but done away with the ‘severe and pervasive” standard for defining harassment. Read on… Via: https://shawe.com/eupdate/montgomery-county-vastly-expands-definition-of-harassment/ Employers with employees in Montgomery County should be aware that illegal “harassment” is now defined more broadly than under Maryland state or federal law. The expanded county law does the following: Specifically prohibits harassment on the basis of any protected characteristic (i.e. race, color, religious creed, ancestry, national origin, age, sex, marital status, sexual orientation, gender identity, family responsibilities, genetic status, or disability). Broadly defines “harassment” to […]
- [New Jersey Issues COVID-19 Health and Safety Standards](https://helpdesksuites.com/2020/11/04/new-jersey-issues-covid-19-health-and-safety-standards/): Hey Compliance Warriors! New Jersey just tightened COVID-19 health and safety standards. Read on… By Kurt Rose https://www.littler.com/publication-press/publication/new-jersey-sets-mandatory-covid-19-health-and-safety-standards Beginning November 5, 2020, all employers operating in New Jersey will be required to comply with a number of COVID-19-related mandatory health and safety standards.  With the signing of Executive Order 192 (EO192), Governor Phil Murphy consolidated a hodgepodge of requirements directed at specific industries (e.g., construction, manufacturing, retail) and guidance documents, and placed all New Jersey employers on notice, regardless of industry, that they will be required to institute and enforce COVID-19 safety protocols.  The requirements set by EO192 incorporate much of U.S. Centers […]
- [State Updates: 4 Legalize Recreational Marijuana and More...](https://helpdesksuites.com/2020/11/04/state-updates-4-legalize-recreational-marijuana-and-more/): Hey Compliance Warriors! Four states have voted to legalize recreational Mary Jane!  Read on… Initiative Passed (Y/N) Arizona Proposition 207: Recreational marijuana legalization Y California Proposition 22: Designating the state’s app-based drivers independent contractors Y California Proposition 16: Affirmative action programs at state and public institutions N Colorado Proposition 118: Creating a paid family and medical leave program Y Florida Amendment 2: Raising the state’s minimum wage incrementally to $15 an hour Y Mississippi Initiative 65/65A: Medical marijuana program Y Montana Initiative I-190: Recreational marijuana legalization Y New Jersey Public Question 1: Recreational marijuana legalization Y South Dakota Constitutional Amendment A: Recreational […]
- [DOL Issues Two New Opinion Letters](https://helpdesksuites.com/2020/11/03/dol-issues-two-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced two new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA).  Read on…  An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. The opinion letters issued today are: FLSA2020-15: Addressing the compensability of time that employees spend attending voluntary training programs in certain situations. FLSA2020-16: Addressing compensability of employee travel time in certain situations involving construction sites located away from […]
- [2021 California Equal Pay Reporting Requirements](https://helpdesksuites.com/2020/11/03/2021-california-equal-pay-reporting-requirements/): Hey Compliance Warriors! Have you heard about the new layer of compliance California employers will have on their hands next year?  Read on… By https://www.govdocs.com/californias-new-equal-pay-reporting-requirements/?utm_source=hs_email&utm_medium=email&utm_campaign=Labor+Law+News+Blog&_hsenc=p2ANqtz-9NYU7CSPri6LNMMCIw_1aLxYMMzWmY7-mpxt7A0pUp2IguJQWGf1yqnnMTt0oKWCCR1mPMbV4OHUqdFmWMGC0187Cxrw&_hsmi=98939675&utm_content=98939675 Pay data will have to be reported to the state from any private employer with 100 or more workers. California Gov. Davin Newsom signed the bill Sept. 30.With the legislation taking effect Jan. 1, 2021, the first annual pay data reports from employers are due March 31, 2021. Subsequent reports will also be due on March 31 each year. California Equal Pay Reporting California will require employers to report information in two different ways. First, the pay […]
- [Resolving Retaliation Claims: Wrongful Termination](https://helpdesksuites.com/2020/10/29/resolving-retaliation-claims-wrongful-termination/): Employees being able to discuss possible discriminatory events in the workplace is essential in order to attain a positive, efficient workplace environment. Compliance officers and HR specialists are put in place to help mitigate potential issues that employees may experience. However, that was not how things worked in the case of Badgerow v. REJ Properties, where a female employee (“Badgerow”) asserted that she experienced a hostile work environment and claimed that she was terminated due to her report with the company’s Compliance Officer. Following her termination, Badgerow filed claims against the company for unlawful retaliation, disparate pay, hostile work environment, retaliation under […]
- [Workplace Violence Prevention Strategies](https://helpdesksuites.com/2020/10/29/workplace-violence-prevention-strategies/): Hey Compliance Warriors! Have you been thinking about ways to prevent workplace violence? Many employers are facing more tense workplace relationships and concerns are growing that we need to be on the ready at all times more now than ever before.  Read on… By Russell A. Jones and Michelle M. Holmes https://www.littler.com/publication-press/publication/workplace-violence-prevention-strategies-time-political-and-social Tensions appear to be running hot across the nation during this polarized election season and time of political and social unrest.  Concerns around racial injustices, police reform, responses to and mitigation of the spread of the COVID-19 pandemic, the makeup of the Supreme Court and the integrity of the […]
- [Michigan Law Update October 2020](https://helpdesksuites.com/2020/10/29/michigan-law-update-october-2020/): Hey Compliance Warriors! Michigan has recently added 3 new laws to the books. Employers will want to understand the latest from the Governor’s office.  Read on… Via: Adam S. Forman & Eduardo J. Quiroga October has brought a weekly flurry of changes to Michigan’s COVID-19 legal landscape. [1] On Thursday October 22, 2020, Governor Whitmer added to this recent activity by signing three bills into law that provide employers with significant liability protection and employees with job protections related to COVID-19. Employer Protections: Liability Shield Titled the “COVID-19 Response and Reopening Liability Assurance Act,” HB 6030 provides employers with immunity from liability for a “COVID-19 claim” as […]
- [New York State to Tax Non-Resident Remote Workers](https://helpdesksuites.com/2020/10/27/new-york-state-to-tax-non-resident-remote-workers/): Hey Compliance Warriors! Did you hear about the NY State taxation of out-of-state telecommuters? I wonder which other states will follow suit? Read on… Via:https://fkks.com/news/do-telecommuters-working-in-another-state-owe-new-york-state-income-taxes New York State recently issued new tax guidance for telecommuters providing answers to questions about the impact of COVID-19 on their New York State and New York City personal income tax liability. Among other things, the FAQs specifically address the example of a nonresident who has a primary office in New York but is telecommuting from outside New York:  “Q: My primary office is inside New York State, but I am telecommuting from outside of the state due to […]
- [Pennsylvania Supreme Court Gives Gig Drivers A Win](https://helpdesksuites.com/2020/10/26/pennsylvania-supreme-court-gives-gig-drivers-a-win/): Recently, the Pennsylvania Supreme Court ruled that a rideshare driver was legally entitled to unemployment benefits, after ruling that Uber “controlled and directed the performance of the driver’s services as a driver-for-hire” and that the driver was not engaged in an independently established business. This case marks one of the few instances in which a higher court has closely examined the employer-employee relationship between a rideshare driver and the rideshare company. The case is Lowman v. Unemployment Compensation Board of Review. Before seeking unemployment benefits, Donald Lowman was employed as a behavior therapist.  During the summer of 2015, Mr. Lowman lost his job […]
- [California Enacts COVID-19 Exposure Notification Law](https://helpdesksuites.com/2020/10/21/california-enacts-covid-19-exposure-notification-law/): Hey Compliance Warriors! As if you didn’t have enough to do, California has added a few more tasks to your list. Read on… Via: https://calemploymentlawupdate.proskauer.com Late last week, Gov. Newsom signed AB 685 into law which, among other things, adds section 6409.6 (“Section 6409.6”) to the Labor Code.  The new statute, which takes effect January 1, 2021, requires that employers notify employees and, in some instances, public health officials about COVID-19 exposures at work. Specifically, Section 6409.6 requires that employers take all of the following steps within one business day of notice of a potential exposure in the workplace: Provide written notice to all employees (and employers of […]
- [California Sick Leave Laws - Update](https://helpdesksuites.com/2020/10/20/california-sick-leave-laws-update/): Hey Compliance Warriors! Have you been keeping up with California leave laws? I know it’s a lot. Here is a good update! Read on… Via: https://www.gtlaw ‘Regular’ Sick Leave Laws and Ordinances State of California (AB 1522) – text of the law, guidance and FAQs from the Labor Commissioner City of Berkeley – guidance from the City’s Housing and Community Services Department (including text of the ordinance and FAQs) City of Emeryville – guidance from the City’s Community Development Department (including text of the ordinance, Regulations, and FAQs) City of Los Angeles – guidance from the City’s Office of Wage Standards (including text of the ordinance, Rules and Regulations, and FAQs) City of […]
- [When is an Employer Required to Record a Confirmed COVID-19 Case?](https://helpdesksuites.com/2020/10/19/when-is-an-employer-required-to-record-a-confirmed-covid-19-case/): Hey Compliance Warriors! When is a confirmed COVID-19 case in your workplace recordable under OSHA regs? Read on…   Via: https://www.velaw.com/insights/its-hard-to-be-positive-when-is-a-confirmed-case-confirmed-under-oshas-covid-19-reporting-standards/ As employers re-open workplaces, the use of rapid COVID-19 testing has proliferated. But if an employer learns of a positive result, is it required to report that result on its workplace injury logs? The answer isn’t so clear, especially with respect to results received from rapid antigen tests and blood draw tests. As we previously discussed here, employers subject to OSHA’s recordkeeping requirements must record COVID-19 cases if the case: (i) is a confirmed case of COVID-19, as defined by the […]
- [Michigan Adopts COVID-19 Emergency Rule](https://helpdesksuites.com/2020/10/16/michigan-adopts-oshas-covid-19-emergency-rule/): Hey Compliance Warriors! Have you heard about the big step Michigan has taken to require training and recordkeeping for COVID-19 issues?  Read on… Via: https://www.littler.com/publication-press/publication/michigan-occupational-safety-and-health-administration-adopts-covid-19 In the wake of the Michigan Supreme Court’s decision invalidating the law that served as the basis for Governor Whitmer’s emergency COVID-19 orders since April 30, 2020, the Michigan Occupational Safety and Health Administration (MIOSHA) is the latest agency to codify requirements contained in the governor’s now-invalid orders. On October 14, 2020, MIOSHA adopted an emergency rule pursuant to Section 48 of Michigan’s Administrative Procedures Act of 1969. That section allows an agency to adopt an emergency rule without following notice […]
- [Time Off to Vote: Paid or Unpaid](https://helpdesksuites.com/2020/10/15/time-off-to-vote-paid-or-unpaid/): As you are probably aware, due to the overwhelming political coverage, mailers, commercials, etc., election day is quickly approaching. However, even though early voting has already started in the Lone Star State, employees may still need ask for time off to vote. Employers that simply say “no” to their employees might be violating Texas law. Under the Texas Election Code, Texas employees have a right to take paid time off to vote on Election Day. The Election Code mandates that an employee must be given paid time off to vote if the polls close on Election Day within “two consecutive hours […]
- [New York Paid Sick Leave Law Update](https://helpdesksuites.com/2020/10/12/new-york-paid-sick-leave-law-update/): Hey Compliance Warriors! New York State’s new paid sick leave law (“NYSSL”) took effect on September 30, 2020, requiring employers to allow employees to begin accruing paid sick leave benefits immediately. But, when can they begin using the paid leave? Read on… Employees may use their accrued leave under the NYSSL starting January 1, 2021. In response to its state law counterpart, New York City Mayor Bill de Blasio has signed into law certain amendments to the existing NYC Paid Safe and Sick Leave Law (“NYCPSL”), also known as the Earned Sick and Safe Time Act, to align the NYCPSL with the NYSSL. As discussed […]
- [EEOC Sues Quest Diagnostics for Religious Discrimination](https://helpdesksuites.com/2020/10/09/eeoc-sues-quest-diagnostics-for-religious-discrimination/): Hey Compliance Warriors! Quest Diagnostics, a provider of medical diagnostic information services that aid in the diagnosis and detection of diseases, violated federal law when it refused to accommodate the religi­ous beliefs of a long-term employee and subsequently fired her, the U.S. Equal Employment Oppor­tunity Commission (EEOC) charged in a lawsuit it filed on September 24th. According to the EEOC’s lawsuit, the employee, a phlebotomist, is a practicing Seventh-day Adventist who began working for Quest Diagnostics in 2008. The phlebotomist’s religious beliefs prevent her from working on her Sabbath from sundown on Friday to sundown on Saturday. Quest honored her request […]
- [Breaking News: IRS Advises Taxpayers to Check Tax Withholdings Now](https://helpdesksuites.com/2020/10/08/breaking-news-irs-advises-taxpayers-to-check-tax-withholdings-now/): Hey Compliance Warriors! This week, the Internal Revenue Service reminded taxpayers that now is the perfect time to review their tax withholding and payments to avoid a surprise when filing next year. Read on…
- [Non-binary Man Sues Employer for Pregnancy Discrimination](https://helpdesksuites.com/2020/10/08/non-binary-man-sues-employer-for-pregnancy-discrimination/): In what is perhaps a first of its kind situation, an Amazon warehouse worker, identifying as male, filed an employment suit against the giant company after allegedly suffering discrimination when he announced to his boss that he is pregnant. The plaintiff, whose suit was removed to the U.S. District Court for the District of New Jersey in Trenton on behalf of Amazon, is apparently nonbinary, although his complaint only says he identifies as male. According to the pleadings, the plaintiff claims that that after he disclosed his pregnancy, supervisors began criticizing his work performance in an effort to demote him and […]
- [EEOC Violation? Subway Refused to Hire Prospect With Hearing Impairment](https://helpdesksuites.com/2020/10/05/eeoc-violation-subway-refused-to-hire-prospect-with-hearing-impairment/): Hey compliance Warriors! Since we’ve been talking about the EEOC a lot lately, with so many cases going on right now, this article seemed rather appropriate. Let us know your thoughts on the matter in the comments. Article Via: Hrdive.com “The ADA requires that employers provide reasonable accommodations to qualified workers and applicants, unless doing so creates undue hardship for the employer. Undue hardship means that the accommodation “is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work,” according to […]
- [How Subjective Is “Reasonable Accommodation?”](https://helpdesksuites.com/2020/10/02/how-subjective-is-reasonable-accommodation/): Hey Compliance Warrior! Recently, a court case involving Quest Diagnostics potentially violating Title 7 has been filed. Quest employed a woman whom they fired because they felt they could no longer reasonably accommodate her religious scheduling. The woman in question is a Seventh-Day Adventist, a religious organization that observes the Sabbath from sundown Friday to sundown on Saturday. Quest claims that her time off posed undue hardship on their company, and they can no longer accommodate her request. Where’s the problem here? Well, Quest had been accommodating this employee for about ten years already at this point. She did not change […]
- [DOL Proposes New Rule For Independent Contractor Classification](https://helpdesksuites.com/2020/10/01/dol-proposes-new-rule-for-independent-contractor-classification/): On September 22, 2020, the U.S. Department of Labor (“DOL”) unveiled its long-awaited proposed independent contractor rule. The new rule sets forth a new standard for determining whether a worker can be classified as an independent contractor rather than an employee for purposes of the Fair Labor Standards Act (“FLSA”).  The proposed rule will make it easier for employers to classify workers as independent contractors and otherwise avoid violating the FLSA’s minimum wage, overtime and recordkeeping requirements that apply to employees but not independent contractors. Currently, under the FLSA, “employees” are subject to certain protections, such as minimum wage and overtime […]
- [Does the First Day of Fall Bring New Hope for Policyholders in COVID-19 Litigation?](https://helpdesksuites.com/2020/09/26/does-the-first-day-of-fall-bring-new-hope-for-policyholders-in-covid-19-litigation/): Earlier this year (as you know), thousands of businesses were forced to shut down after mandatory lockdowns were imposed across the county. Expectedly, many of those businesses carried insurance – namely, business interruption insurance. After the lockdowns began, those businesses began submitting claims to their insurance providers for compensation to account for the income that was lost as a result of the shutdowns. However, most of those insurers promptly denied coverage. Since that time, hundreds of policyholders have sued their insurers in claims across the country. So far, most of the rulings have favored the insurers. Courts have been reaching their […]
- [Breaking News: DOL Proposes Rule Addressing Independent Contractor Status](https://helpdesksuites.com/2020/09/22/breaking-news-dol-proposes-rule-addressing-independent-contractor-status/): Hey Compliance Warriors! Today the U.S. Department of Labor announced a proposed rule offering clarity to determine whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.
- [Tips On Conducting Performance Reviews Remotely](https://helpdesksuites.com/2020/09/22/tips-on-conduct-performance-reviews-remotely/): Hey Compliance Warrior! I wanted to share a great article on a challenge you may be facing currently, that of doing performance reviews for remote workers. Many of us will continue with this predicament for quite a while, so Read On to find some help on how to manage… Article Via: HRDive.com “A return to the office is still a long way off for many, driving some employers to shift out of crisis mode and work to instill a sense of normalcy into operations. For some, that will include performance reviews, a staple in many businesses. Often, reviews give employees feedback to […]
- [Slack Survey Show More Employees Wanting Remote Work Opportunities](https://helpdesksuites.com/2020/09/17/few-employees-want-to-work-exclusively-from-the-office-anymore-slack-survey-shows/): Hey Compliance Warrior! We’re deep into the COVID-19 way of life, and so many things have changed. A big one being the opportunity for many employees to work remotely. This article goes into the ways companies are trying to accommodate this because of it’s many benefits during the pandemic. Read on… Article Via: HRDive.com “As HR departments determine what work will look like after the COVID-19 pandemic, only 12% of global knowledge workers in a survey by workplace communication platform Slack said they intend to go back to working exclusively from an office. The company, which polled more than 9,000 self-identified “skilled […]
- [EEOC Clarifies Remote Work Accommodations Under the ADA](https://helpdesksuites.com/2020/09/17/eeoc-clarifies-remote-work-accommodations-under-the-ada/): On September 8, 2020, the Equal Employment Opportunity Commission (EEOC) released updated guidance stating that businesses will not be required to automatically allow remote work as a reasonable accommodation under the Americans with Disabilities Act (“ADA”) as the threat of COVID-19 dissipates. You may see the guidance here: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws. This guidance applies to those employers covered by Title I of the ADA.  Title I applies to private employers with 15 or more employees. It also applies to state and local government employers, employment agencies, and labor unions. All nondiscrimination standards under Title I of the ADA also apply to federal agencies under […]
- [Breaking News: Form I-9 Requirements Flexibility Extended for an additional 60 Days - 09/15/2020](https://helpdesksuites.com/2020/09/15/breaking-news-form-i-9-requirements-flexibility-extended-for-an-additional-60-days-09-15-2020/): Hey Compliance Warriors! The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. Read on…
- [The High Cost Of Poor Job Descriptions in the Recruitment Process](https://helpdesksuites.com/2020/09/15/the-high-cost-of-poor-job-descriptions/): As a father of two, I needed a job. Our family had just moved across the country and were looking for a new home. After going on several job postings sites, I’d found one company that posted multiple times for a sales position. Each posting was slightly different. The educational requirements were off a bit. The salary wasn’t the same each time, nor the benefits. Even the job task description didn’t quite add up to precisely the same thing. It was, however, the best paying company in the area, and it meant I didn’t have to work weekends, so I went […]
- [Breaking News: DOL Issues Revised FFCRA Regulations](https://helpdesksuites.com/2020/09/11/breaking-news-dol-issues-revised-ffcra-regulations/): Hey Compliance Warriors! Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) posted revisions to regulations that implemented the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). Read on…
- [The Dirt is in the Details](https://helpdesksuites.com/2020/09/09/the-dirt-is-in-the-details/): On September 2, 2020 the Fifty Circuit Court of Appeals released its opinion in D2 Excavating v. Thompson Thrift Constr., No. 19-40745 (Sept. 2, 2020). There, D2, an excavation company who was subcontracted to remove some dirt, ended up removing a lot more dirt from a construction site than originally anticipated. The resulting lawsuit over this “excess dirt” led to a judgment for the subcontractor exceeding half a million dollars. The principal issue on appeal is whether the subcontractor was entitled to additional money for the “excess dirt” removal or whether it was stuck with the price the parties agreed to. […]
- [Breaking News: EEOC Updates COVID-19 Technical Assistance Publication](https://helpdesksuites.com/2020/09/08/breaking-news-eeoc-updates-covid-19-technical-assistance-publication/): Hey Compliance Warriors! Today, the U.S. Equal Employment Opportunity Commission (EEOC) posted an updated technical assistance document, “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws (WYSK),” which incorporates information from other agency resources and modifies two existing Q&As in order to create a user-friendly comprehensive guide that addresses common questions about COVID-19 and federal equal employment opportunity laws for employers, advocates, and workers.  Read on…
- [How Remote Working Has Complicated 2020 For HR – Pt. 4](https://helpdesksuites.com/2020/09/08/how-remote-working-has-complicated-2020-for-hr-pt-4/): Hey Compliance Warrior! We’re going to talk a little more about remote work complications. Because remote work has become more common during the pandemic, it is vitally important that your business stay compliant. However, because this is may be your first rodeo, these articles will help keep front of mind what’s important when it comes to remote work situations. Article Via: HRdive.com “Mailbag: Everyone is remote; do we still have to post notices on site?” “Q: Our entire company is working remotely during the pandemic; do we still have to post notices on site? A: Employers must still comply with notice posting […]
- [How Remote Working Has Complicated 2020 For HR – Pt. 3](https://helpdesksuites.com/2020/09/07/how-remote-working-has-complicated-2020-for-hr-pt-3/): Hey Compliance Warrior! We’re going to talk a little more about remote work complications. Because remote work has become more common during the pandemic, it is vitally important that your business stay compliant. However, because this is may be your first rodeo, these articles will help keep front of mind what’s important when it comes to remote work situations. Article Via: HRdive.com “Productivity monitoring: Considerations for HR, from compliance to culture” “Remote work isn’t new. Its road to popularity has been paved by workers seeking the flexibility, job satisfaction, and productivity it provides. An analysis by FlexJobs and Global Workplace Analytics found that in […]
- [How Remote Working Has Complicated 2020 For HR - Pt. 2](https://helpdesksuites.com/2020/09/04/how-remote-working-has-complicated-2020-for-hr-pt-2/): Hey Compliance Warrior! We’re going to talk a little more about remote work complications. Because remote work has become more common during the pandemic, it is vitally important that your business stay compliant. However, because this is may be your first rodeo, these articles will help keep front of mind what’s important when it comes to remote work situations. Article Via: HRdive.com “Will pandemic-driven telework set a precedent for ADA accommodations?” “Remote work arrangements enabled the survival of many organizations this spring and summer. But could the decision to send workers home obligate employers to provide similar accommodations for employees with […]
- [U.S. Department of Labor Updates Guidance on Employers’ Obligation to Compensate Teleworking Employees](https://helpdesksuites.com/2020/09/03/u-s-department-of-labor-updates-guidance-on-employers-obligation-to-compensate-teleworking-employees/): On August 24, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued Field Assistance Bulletin No. 2020-5, which addresses an employer’s obligations to track employee hours while remote/teleworking. Even though the guidance was issued as a result of increased teleworking during the COVID-19 pandemic, the DOL emphasized the guidance applies to all teleworking or remote employees, not just those caused by the pandemic. The Bulletin, which includes citations to the Fair Labor Standards Act (“FLSA”), the DOL’s interpretive regulations, and federal case law, does not really provide any new information, but it provides helpful guidance for teleworking and remote employees. […]
- [How Remote Working Has Complicated 2020 For HR](https://helpdesksuites.com/2020/09/03/how-remote-working-has-complicated-2020-for-hr/): Hey Compliance Warrior! Over the next several days we’ll be reviewing a series of posts from over at HRdive.com that involve a very important subject. That of working remotely. Because remote work has become more common during the pandemic, it is vitally important that your business stay compliant. However, because this is may be your first rodeo, these articles will help keep front of mind what’s important when it comes to remote work situations. Article Via: HRDive.com “In late February 2020, the Centers for Disease Control and Prevention advised businesses to start preparing for the spread of COVID-19, specifically by transitioning to […]
- [SBS 305: Back to School and the F.F.C.R.A.](https://helpdesksuites.com/2020/09/01/sbs-305-back-to-school-and-the-f-f-c-r-a/): Hey Compliance Warriors! This week on the show we are discussing an opinion letter from the DOL that answers a few key questions when it comes to eligibility for FFCRA taken due to parents having to stay home to care for their children because of school closings. Link: https://helpdesksuites.com/2020/08/27/breaking-news-u-s-dol-answers-questions-about-school-reopenings-and-eligibility-for-paid-leave-under-the-families-first-coronavirus-response-act/ Enjoy and until next time, Be Audit Secure! Video: Audio Only: Video Show: https://youtu.be/PDuR77edpU4 To learn more about our services click the links below. HelpDesk for HR: https://helpdesksuites.com/helpdesk-suite-deluxe-details/ Boss Calls / Live Webinar Training: https://helpdesksuites.com/boss-calls   Transcription: Coming Soon
- [Breaking News: U.S. DOL Issues Four New Opinion Letters](https://helpdesksuites.com/2020/08/31/breaking-news-u-s-dol-issues-four-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced four new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter.   Read on…
- [Breaking News: Guidance issued to implement Presidential Memorandum deferring certain employee Social Security tax withholding](https://helpdesksuites.com/2020/08/28/breaking-news-guidance-issued-to-implement-presidential-memorandum-deferring-certain-employee-social-security-tax-withholding/): Hey Compliance Warriors! The Department of Treasury and Internal Revenue Service today issued guidance implementing the Presidential Memorandum issued on Aug. 8, 2020, allowing employers to defer withholding and payment of the employee’s portion of the Social Security tax if the employee’s wages are below a certain amount. Notice 2020-65, posted today on IRS.gov, makes relief available for employers and generally applies to wages paid starting Sept. 1, 2020, through Dec. 31, 2020.  Read on…
- [Breaking News: U.S. DOL Answers Questions about School Reopenings and Eligibility for Paid Leave under the Families First Coronavirus Response Act](https://helpdesksuites.com/2020/08/27/breaking-news-u-s-dol-answers-questions-about-school-reopenings-and-eligibility-for-paid-leave-under-the-families-first-coronavirus-response-act/): Hey Compliance Warriors! Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) published new frequently asked questions (FAQs) for workers and employers about qualifying for paid leave under the Families First Coronavirus Response Act (FFCRA) related to the reopening of schools. This guidance explains eligibility for paid leave relative to the varied formats and schedules schools have announced as they plan to reopen, including blending in-person with distance learning. WHD offers this information to explain the benefits and protections available under both the paid sick leave and the expanded family and medical leave provisions of the FFCRA.  Read on…
- [Breaking News: CDC Updates Guidance on When COVID-19 Testing May or May Not Be Needed](https://helpdesksuites.com/2020/08/26/breaking-news-cdc-updates-guidance-on-when-covid-19-testing-may-or-may-not-be-needed/): Hey Compliance Warriors! On August 24th, 2020 the CDC updated their guidance on when it may or may not be necessary or even recommended to test for COVID-19.  The body of this post is taken directly from the CDC and provides a summary of considerations and current Centers for Disease Control and Prevention (CDC) recommendations regarding COVID-19 testing strategies.  The CDC recommendations for COVID-19 testing have been developed based on what is currently known about COVID-19 and are subject to change as additional information becomes available.  Read on….
- [Fifth Circuit Provides Guidance on Non-Compete Reformation Timing](https://helpdesksuites.com/2020/08/26/fifth-circuit-provides-guidance-on-non-compete-reformation-timing/): On August 7, 2020, the Fifth Circuit provided guidance on a previously unaddressed issue under Texas law: namely whether reformation of an overbroad non-compete restriction is appropriate at the preliminary injunction stage or must occur as a remedy after trial upon the merits. In Calhoun v. Jack Doheny Companies, Inc., the Fifth Circuit decided that reformation of an overly broad covenant not to compete agreement was warranted at the preliminary injunction stage. No. 20-20068, — F.3d —, 2020 WL 4557641 (5th Cir. Aug. 7, 2020). In Calhoun, Jack Doheny Companies (“JDC”) sought a preliminary injunction against its former employee, Donald Calhoun, […]
- [SBS 304: Conducting an Essential Small Business in the Wake of COVID-19](https://helpdesksuites.com/2020/08/25/sbs-304-conducting-and-essential-small-business-in-the-wake-of-covid-19/): Hey Compliance Warriors!   This week Lisa & Mason have Weston Toth, owner of Aqua Tech pools on the show to discuss what makes a small business work during the pandemic of COVID-19. Learn about the importance of communication and customer safety while operating an essential business. Watch on the new YouTube video section, listen, or read the transcript below.     Audio Only:  Transcription: Lisa: Today we are so excited to number one, be recording in video for the first time. Give a shout out for that. You can finally see that we don’t actually look like our logo. […]
- [Breaking News: DOL Issues Guidance on Tracking Remote Employee's Hours Worked](https://helpdesksuites.com/2020/08/24/breaking-news-dol-issues-guidance-on-tracking-remote-employees-hours-worked/): Hey Compliance Warriors! With telework arrangements expanding in response to the coronavirus pandemic, today the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2020-5 to clarify an employer’s obligation to track the number of hours of compensable work by employees who are teleworking or otherwise working away from premises controlled by their employers. In a telework or remote work arrangement, the question of the employer’s obligation to track hours actually worked for which the employee was not scheduled may often arise. While the guidance issued today responds directly to needs created by new telework or […]
- [Breaking News: ICE announces another 30-day extension of flexibility in rules related to Form I-9 compliance](https://helpdesksuites.com/2020/08/19/breaking-news-ice-announces-another-30-day-extension-of-flexibility-in-rules-related-to-form-i-9-compliance-2/): Hey Compliance Warriors! U.S. Immigration and Customs Enforcement (ICE) today announced another extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Read on…
- [EEOC Issues New Guidance Regarding Opioid Users](https://helpdesksuites.com/2020/08/19/eeoc-issues-new-guidance-regarding-opioid-users/): On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) addressed some of these issues by issuing guidance on employers’ obligations under the Americans with Disabilities Act (ADA) related to opioid use among employees. The ADA protects employees from termination and other adverse actions based on qualifying disabilities, and it requires that employers provide reasonable accommodations for employees with qualifying disabilities. The EEOC’s new guidance makes clear that legal use of opioids and treatment for past opioid addiction qualify for ADA protection. According to the guidance, an employee may be entitled to ADA protections if they are taking prescription opioids […]
- [Management Succession Planning Is Requiring More Diversity](https://helpdesksuites.com/2020/08/18/management-succession-planning-is-requiring-more-diversity/): Hey, Compliance Warriors!    
- [SBS 303: Covid-19 - Top 5 Areas of Litigation](https://helpdesksuites.com/2020/08/18/sbs-303-covid-19-top-5-areas-of-litigation/): Hey Compliance Warriors! If you’ve seen the news, you know there’s plenty of backlashes when it comes to corporations failing to be COVID compliant. Listen this week as Lisa & Mason go over some of the top cases going on right now, and what could have been done to avoid them. Listen on… Enjoy and until next time, Be Audit Secure! To learn more about our services click the links below. HelpDesk for HR: https://helpdesksuites.com/helpdesk-suite-deluxe-details/ Boss Calls / Live Webinar Training: https://helpdesksuites.com/boss-calls   Transcription: Lisa: Today we are again, revisiting a COVID-19 issue, but we’re talking today about the litigation that […]
- [Maximum Leave Policies: How to be sure yours is compliant.](https://helpdesksuites.com/2020/08/14/beginning-of-the-end-for-the-gig-economy/): Hey Compliance Warriors! The ADA requires that employers make exceptions to their policies, including leave policies, in order to provide a reasonable accommodation. Although employers are allowed to have leave policies that establish the maximum amount of leave an employer will provide or permit, they may have to grant leave beyond this amount as a reasonable accommodation to employees who require it because of a disability, unless the employer can show that doing so will cause an undue hardship. Example 11: An employer covered under the FMLA grants employees a maximum of 12 weeks of leave per year. An employee uses the […]
- [H.R. Questions: When are employers required to allow ADA service animals and support animals in the workplace?](https://helpdesksuites.com/2021/06/25/h-r-questions-when-are-employers-required-to-allow-ada-service-animals-and-support-animals-in-the-workplace/): Hey Compliance Warriors and HR Bosses!   Our members frequently ask questions about when employers are required to allow service or emotional support animals in the workplace. Here is a great FAQ from ADA.gov. Frequently Asked Questions about Service Animals and the ADA Many people with disabilities use a service animal in order to fully participate in everyday life. Dogs can be trained to perform many important tasks to assist people with disabilities, such as providing stability for a person who has difficulty walking, picking up items for a person who uses a wheelchair, preventing a child with autism from wandering […]
- [Boss Call: HR Burnout: How to Deal with Yours and Theirs](https://helpdesksuites.com/2021/06/23/boss-call-hr-burnout-how-to-deal-with-yours-and-theirs/): WEDNESDAY, JUNE 30TH, 2021 1 – 2:30 PM CST HR Burnout: How to Deal with Yours and Theirs In this Call, we are addressing a highly requested and extremely important topic: Burnout and Other Mental Health concerns related to COVID-19 and the Workplace. Please join me, Lisa Smith, and my guest expert Beverly Beuermann-King for a serious and informational discussion where the following questions and topics will be addressed. What do you look for that indicates someone may be struggling with a mental health challenge? Impact of the COVID = Coranavirus Anxiety, COVID Stress Syndrome Impact of COVID on burnout rates […]
- [Breaking News: DOL Announces Proposed Rule Making to Clarify the Tip Credit](https://helpdesksuites.com/2021/06/21/breaking-news-dol-announces-proposed-rule-making-to-clarify-the-tip-credit/): The U.S. Department of Labor today announced a notice of proposed rulemaking to limit the amount of non-tip producing work that a tipped employee can perform when an employer is taking a tip credit. The proposed rule clarifies when an employee is working in a tipped occupation and when a worker has performed such a substantial amount of non-tipped labor that an employer can no longer take a tip credit and must pay the full federal minimum wage to the worker.   The Fair Labor Standards Act allows employers with tipped workers to pay as little as $2.13 per hour in direct wages, while taking […]
- [Breaking News: Juneteenth Becomes a Federal Holiday](https://helpdesksuites.com/2021/06/17/breaking-news-juneteenth-becomes-a-federal-holiday/): Hey Compliance Warriors! Today, President Biden signed into law and added to our calendars the first federal holiday since 1983. Juneteenth! Update your holiday policies. Be Audit-Secure!   Lisa Smith, SPHR, SHRM – SCP Certified EEO Investigator (EEOC) Lead Support and Content Chief – HelpDeskforHR.com “You cannot be audit-proof, but you can Be Audit-Secure.”
- [Small Business Spoonfuls Live – OSHA’s New COVID-19 Standards for Healthcare and Other Industries](https://helpdesksuites.com/2021/06/16/small-business-spoonfuls-live-oshas-new-covid-19-standards-for-healthcare-and-other-industries/): We’re back this week talking about OSHA’s New COVID-19 standards for healthcare and other industries! Come join us! We will be taking questions live!  You can catch up on other episodes in video form here. Audio:
- [Breaking News: EEOC ANNOUNCES NEW RESOURCES ABOUT SEXUAL ORIENTATION AND GENDER IDENTITY WORKPLACE RIGHTS](https://helpdesksuites.com/2021/06/15/breaking-news-eeoc-announces-new-resources-about-sexual-orientation-and-gender-identity-workplace-rights/): The U.S. Equal Employment Opportunity Commission (EEOC) is observing LGBTQ+ Pride Month, and the anniversary of the U.S. Supreme Court ruling in Bostock v. Clayton County, by announcing the release of new resources to educate employees, applicants and employers about the rights of all employees, including lesbian, gay, bisexual and transgender workers, to be free from sexual orientation and gender identity discrimination in employment. The materials include a new landing page on the EEOC website that consolidates information concerning sexual orientation and gender identity discrimination and a new technical assistance document to help the public understand the Bostock decision and established EEOC positions on the laws the agency […]
- [H.R. Questions: Under what circumstances are employers required to pay for travel?](https://helpdesksuites.com/2021/06/15/h-r-questions-under-what-circumstances-are-employers-required-to-pay-for-travel-2/): Hey Compliance Warriors and HR Bosses!   Our members frequently ask questions about when employers are required to pay for time spent in meetings and training programs. Below is an explanation based on U.S. DOL  guidance.   This is a particularly difficult area for many employers to understand when training is provided or allowed, but not specifically required. The general rule is found in the wage and hour regulations at 29 C.F.R. 785.27, which states the following:   Attendance at lectures, meetings, training programs, and similar activities need not be counted as working time if the following four criteria are met: attendance is […]
- [Breaking News: DOL Secretary Plans to Raise Overtime Exempt Salary Threshold](https://helpdesksuites.com/2021/06/15/breaking-news-dol-secretary-plans-to-raise-overtime-exempt-salary-threshold/): Last week, Secretary of Labor Marty Walsh testified before Congress that his team is currently reviewing the minimum salary level required for an employee to be classified as overtime-exempt.   Benn Penn, an attorney at Bloomberg Law has reported the following:   The department is reviewing whether to update the salary threshold below which workers are eligible for overtime pay, Walsh said. The current annual overtime eligibility salary cutoff, of about $36,000, is “definitely” too low, he told the panel. “Do you have any plans to revisit this issue and re-regulate in this area?” Rep. Mark Takano (D-Calif.) asked Walsh. ”We’re currently right […]
- [The Supreme Court’s New Computer Fraud and Abuse Act Decision for Employers](https://helpdesksuites.com/2021/06/13/the-supreme-courts-new-computer-fraud-and-abuse-act-decision-for-employers/): Attorney Harrison Oldham Every employer has to contend with employee turnover, including key personnel leaving for a competitor. The loss or compromise of confidential data is a significant risk in such a scenario. One way for an employer to protect itself is by resorting to the Computer Fraud and Abuse Act (“CFAA”), a civil remedy that allows a private party (including employers) to seek compensation for losses caused by the unauthorized access to data on a protected computer by a current or former employee.   The CFAA is a statutory provision that was part of the Comprehensive Crime Control Act of […]
- [H.R. Questions: Under what circumstances are employers required to pay for travel?](https://helpdesksuites.com/2021/06/13/h-r-questions-under-what-circumstances-are-employers-required-to-pay-for-travel/): Hey Compliance Warriors and HR Bosses!   I had a question from a member a few days ago that I know will help many of you who struggle with travel pay concerns. Our member gave me 3 scenarios and asked how they should be dealt with. So, read them and let me know if you still have questions.   Scenario #1: an employee is hired to run errands to/from offices. they are given a flat rate for their hourly wage….and time spent running errands is paid time. HOWEVER, do we have to pay EXTRA costs? To assist with gas, wear and tear […]
- [JBS SWIFT TO PAY UP TO $5.5 MILLION TO SETTLE EEOC RACE AND RELIGIOUS DISCRIMINATION CLAIM AT GREELEY PLANT](https://helpdesksuites.com/2021/06/13/jbs-swift-to-pay-up-to-5-5-million-to-settle-eeoc-race-and-religious-discrimination-claim-at-greeley-plant/): International Meat Processing Giant Agrees to Settle Claims That It Discriminated Against Employees Based on Race, National Origin and Religion   JBS USA LLC, doing business as JBS Swift & Company, will pay up to $5.5 million and provide other relief to end a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) charging race, national origin, and religious discrimination at the company’s beef processing plant in Greeley, Colo., the EEOC announced today.               The EEOC’s lawsuit, filed in 2010, charged that JBS discriminated against employees because they were Muslim, immigrants from Somalia, and Black. According to the […]
- [Breaking News: New York Updates COVID-19 Guidance Including Daily Health Screening Requirements](https://helpdesksuites.com/2021/06/13/breaking-news-new-york-updates-covid-19-guidance-including-daily-health-screening-requirements/): By Francis P. Alvarez, Richard I. Greenberg, Henry S. Shapiro, Christopher M. Valentino & Matthew J. Bass on June 9, 2021    On June 8, 2021, New York State updated the NY Forward Guidance for several industries, including office-based and food services employers, with changes that many people feel are overdue.   In addition to incorporating updated mask, physical distancing, and capacity rules that have been in place since New York adopted the Centers for Disease Control and Prevention (CDC) guidance for fully vaccinated individuals on May 19, 2021, the most significant modification to the NY Forward Guidance update is the […]
- [Breaking News: US Department of Labor’s OSHA issues emergency temporary standard to protect health care workers from the coronavirus](https://helpdesksuites.com/2021/06/11/breaking-news-us-department-of-labors-osha-issues-emergency-temporary-standard-to-protect-health-care-workers-from-the-coronavirus/): OSHA also releases new guidance for all industries   The U.S. Department of Labor’s Occupational Safety and Health Administration has announced it will issue an emergency temporary standard to protect healthcare workers from contracting coronavirus. The standard focuses on healthcare workers most likely to have contact with someone infected with the virus. OSHA announced the new standard alongside new general industry guidance, both of which are aligned with Centers for Disease Control and Prevention guidance   “Too many of our frontline healthcare workers continue to be at high risk of contracting the coronavirus,” said U.S. Secretary of Labor Marty Walsh. “As I […]
- [EEOC ISSUES NEW COVID-19 VACCINE GUIDANCE](https://helpdesksuites.com/2021/06/04/eeoc-issues-new-covid-19-vaccine-guidance/): Attorney Harrison Oldham On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) released updated and expanded guidance on the COVID-19 pandemic’s interactions with federal equal employment opportunity (EEO) laws. The majority of the new guidance is directed at inquiries regarding vaccination status, vaccine incentives, and accommodations.  If you are interested, you may read the revised guidance here: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=.   This article highlights a few of the more interesting developments in the new guidance.  According to new guidance, federal law does not prevent employers from requiring “all employees physically entering the workplace to be vaccinated for COVID-19 subject to the reasonable accommodation […]
- [H.R. Questions: Can we charge our employee for damaged equipment in California?](https://helpdesksuites.com/2021/06/04/h-r-questions-can-we-charge-our-employee-for-damaged-equipment-in-california/): Hey Compliance Warriors and HR Bosses!   In CA employers are not normally allowed to charge employees for broken equipment.   Read #2 here https://www.dir.ca.gov/dlse/faq_deductions.htm   So, that covers a deduction. But, if you decide to require payment for the equipment outside of a deduction, the employee refuses and then you terminate them, you could also face a claim of wrongful termination.   CA considers non-malicious damages to business equipment to be the cost of doing business and frowns upon charging employees for such loss. This is why deductions are not allowed.   If you have a signed agreement that repayment for lost […]
- [Breaking News: Cal OSHA Rules on Masks in the Workplace](https://helpdesksuites.com/2021/06/04/breaking-news-cal-osha-rules-on-masks-in-the-workplace/): On Thursday, June 3rd, 2021, the powers that be at Cal/OSHA voted to require masks in the workplace for all employees if EVERYONE is not vaccinated.   When an employer has documented a fully vaccinated staff, only then will employees be given the option to unmask.   The California Chamber of Commerce says the rule is not aligned with new CDC guidance. But supporters say employees need to be protected.   Governor Gavin Newsom can override the rules and made this statement: “The workplaces they’re protecting like meatpacking facilities larger industrial facilities have a different set of challenges and criteria and […]
- [H.R. Questions: Can we have a work from home (WFH) dress code?](https://helpdesksuites.com/2021/06/04/h-r-questions-can-we-have-a-work-from-home-wfh-dress-code/): Hey Compliance Warriors and HR Bosses!   Many employers are wondering how to tackle the issue of dress codes at home. We’re all pretty tired of the “just rolled out of bed look” on our video chats and even WFH employees say they feel less productive if they are underdressed.   Here is the leading survey on WFH dress and productivity. https://couponfollow.com/research/work-wardrobe-covid-compared   Since you cannot really enforce a dress code at home, the best you can do is to create a list of suggestions for being more productive in the WFH environment. Look to this survey results in the link above for […]
- [Small Business Spoonfuls Live – Work From Home Dress Codes: Good Idea or Impossible to Enforce?](https://helpdesksuites.com/2021/06/04/small-business-spoonfuls-live-work-from-home-dress-codes-good-idea-or-impossible-to-enforce/): Join us today as we talk about an interesting topic that has become more popular over the last year with all the remote working.. Work from Home Dress Codes! You can catch up on other episodes in video form here. Audio:
- [Small Business Spoonfuls Live: EEOC ISSUES UPDATED COVID-19 GUIDANCE ON VACCINATIONS](https://helpdesksuites.com/2021/06/02/small-business-spoonfuls-live-eeoc-issues-updated-covid-19-guidance-on-vaccinations/): UH OH, IT LOOKS LIKE YOU DON’T HAVE ACCESS TO THIS CONTENT! If you’re not yet a member of the HelpDeskforHR.com then you should definitely check that out here – you’ll get access to this content and oh so much more, including courses, resources, and a community of Compliance Warriors. If you are already a member then it looks like you’re not logged in, so just enter your details in the login form below or click here to login and access this content. Having problems logging in? Contact us! We will be happy to confirm your level of access. Username Password Remember Me     Forgot […]
- [Breaking News: EEOC ISSUES UPDATED COVID-19 GUIDANCE ON VACCINATIONS](https://helpdesksuites.com/2021/05/28/breaking-news-eeoc-issues-updated-covid-19-guidance-on-vaccinations/): The U.S. Equal Employment Opportunity Commission (EEOC) today posted updated and expanded technical assistance related to the COVID-19 pandemic, addressing questions arising under the federal equal employment opportunity (EEO) laws. The EEOC also posted a new resource for job applicants and employees, explaining how federal employment discrimination laws protect workers during the pandemic. These publications are provided to help employees and employers understand their rights and responsibilities at work during the pandemic.   The expanded technical assistance provides new information about how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply when an employer offers incentives […]
- [Breaking News: DHS Extends Form I-9 Requirement Flexibility (Effective June 1, 2021)](https://helpdesksuites.com/2021/05/27/breaking-news-dhs-extends-form-i-9-requirement-flexibility-effective-june-1-2021/): The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire May 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 requirement flexibilities from June 1 to August 31, 2021. Please see ICE’s past news release for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete section 2 of Form I-9, as well as clarification on this provision. […]
- [Breaking News: California Counties Adopt New COVID Requirements](https://helpdesksuites.com/2021/05/26/breaking-news-california-counties-adopt-new-covid-requirements/): California lawmakers have recently issued some new COVID-related requirements for local areas. LA County and Santa Clara County both have new requirements that have gone into affect immediately. Check out the Littler articles below for all the details.   Los Angeles County Enacts Paid Vaccine Leave Ordinance On May 18, 2021, the Los Angeles County Board of Supervisors enacted an urgency ordinance that, under certain circumstances, requires all private employers to provide paid leave so employees can receive COVID-19 vaccine injections. This paid leave includes time employees spend traveling to and from appointments and time spent recovering from symptoms related to receiving the vaccine […]
- [Breaking News: New York Adopts CDC Guidance For Fully Vaccinated Individuals](https://helpdesksuites.com/2021/05/26/breaking-news-new-york-adopts-cdc-guidance-for-fully-vaccinated-individuals/): By Devjani H. Mishra, Lisa M. Griffith, and Sanjay Nair https://www.littler.com/publication-press/publication/new-york-adopts-cdc-guidance-fully-vaccinated-individuals-questions   Effective May 19, 2021, New York State has adopted the Centers for Disease Control and Prevention’s May 13 “Interim Public Health Recommendations for Fully Vaccinated People” for most commercial operations and public settings.  Questions remain, however, as to how employers can implement this guidance given that it may be difficult to determine who is fully vaccinated,1 and how to maintain different safety rules simultaneously for different populations.  The recently passed NY HERO Act, which will impose new requirements in the coming weeks, further complicates the picture for New York employers.   […]
- [Breaking News: Guidance on Form I-9 Temporary Flexibilities: Updated Information](https://helpdesksuites.com/2021/05/26/breaking-news-guidance-on-form-i-9-temporary-flexibilities-updated-information/): On March 31, 2021, DHS announced another 60-day extension for remote Form I-9 inspection. The latest announcement includes clarification in three main areas: An employer’s entire staff is no longer required to work virtually for the employer to use temporary flexibilities. Before April 1, 2021, if there were employees physically present at a worksite location, DHS did not permit policy exceptions of the in-person Form I-9 document examination requirements. DHS has clarified that employers do not need to have 100% percent of their staff working remotely to use the temporary flexibilities permitting remote inspection.   Provides greater flexibility for employers. Employees who were hired […]
- [New Protected Class, Same Old Challenges](https://helpdesksuites.com/2021/05/25/new-protected-class-same-old-challenges/): Attorney Harrison Oldham It is well known that Title VII of the Civil Rights Act of 1964 prohibits employers from “discriminat[ing]” against any individual with respect to employment “because of such individual’s . . . sex.”  In addition, according to the US Supreme Court’s decision from 2020, Bostock v. Clayton County, discrimination on the basis of sexual orientation or gender identity is a form of sex discrimination under Title VII.  Accordingly, a plaintiff who alleges transgender discrimination is entitled to the same benefits—but also subject to the same burdens—as any other plaintiff who claims sex discrimination under Title VII.  The Fifth […]
- [Breaking News: AMERICAN ADDICTION CENTERS SETTLES EEOC PREGNANCY DISCRIMINATION SUIT](https://helpdesksuites.com/2021/05/20/breaking-news-american-addiction-centers-settles-eeoc-pregnancy-discrimination-suit/): Rehabilitation Facility Fired Employee Because of Her Need for Additional Leave to Recover from Caesarean Section, Federal Agency Charged   Dallas-based Greenhouse Outpatient Center and its parent company, American Addiction Centers, agreed to damages of $146,613 and provide other relief to settle a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.   The Dallas rehabilitation center had granted the pregnant employee, a behavioral health tech­nician, a 30-day leave of absence for childbirth. After the employee delivered the baby by caesarean section, which requires abdominal surgery, the employee’s doctor indicated she needed eight […]
- [Breaking News: IRS provides guidance on premium assistance and tax credit for continuation health coverage](https://helpdesksuites.com/2021/05/19/breaking-news-irs-provides-guidance-on-premium-assistance-and-tax-credit-for-continuation-health-coverage/): The Internal Revenue Service today provided guidance on tax breaks under the American Rescue Plan Act of 2021 for continuation health coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).   Notice 2021-31 provides guidance for employers, plan administrators, and health insurers regarding the new credit available to them for providing continuation health coverage to certain individuals under COBRA.   The American Rescue Plan provides a temporary 100% reduction in the premium that individuals would have to pay when they elect COBRA continuation health coverage following a reduction in hours or an involuntary termination of employment. The new law provides […]
- [Trump-era Independent Contractor Test Revoked](https://helpdesksuites.com/2021/05/15/trump-era-independent-contractor-test-revoked/): Attorney Harrison Oldham Just two weeks before President Biden took office, the DOL issued a new rule to be utilized in determining whether to classify workers as independent contractors or as employees under the Fair Labor Standards Act (“FLSA”).  On May 5, 2021, the U.S. Department of Labor (“DOL”) revoked the Trump-era test.  The test was revoked due to its apparent inconsistency with the FLSA.  This withdrawal has been anticipated since President Biden assumed office.  The DOL is expected to publish a Final Rule in the Federal Register within the coming days.   The now debunked rule previously provided a 5-factor […]
- [Breaking News: Virginia Overtime Laws Will Change July 1st, 2021](https://helpdesksuites.com/2021/05/15/breaking-news-virginia-overtime-laws-will-change-july-1st-2021/): Under both federal and state law, non-exempt employees must be paid an overtime premium at 1½ times their regular rate for all hours worked over 40 in a workweek. Effective July 1, 2021, however, Virginia employers will be subject to additional overtime wage obligations beyond those required by the federal Fair Labor Standards Act. The new law includes the following: Implements different methods of calculating the regular rate for hourly employees v. those paid on a salaried or other regular basis. For hourly employees, their regular rate is their normal hourly rate plus any non-overtime wages paid or allocated for the workweek, applying […]
- [Breaking News: IRS offers overview of tax provisions in American Rescue Plan; retroactive tax benefits help many people now preparing 2020 returns](https://helpdesksuites.com/2021/05/11/breaking-news-irs-offers-overview-of-tax-provisions-in-american-rescue-plan-retroactive-tax-benefits-help-many-people-now-preparing-2020-returns/): Taxpayers with children should file returns soon for advance payments of Child Tax Credit   The Internal Revenue Service today provided an overview of some of the key tax provisions in the American Rescue Plan Act. Several provisions affect the 2020 tax return people are filling out this filing season, including one exempting up to $10,200 in unemployment compensation from tax and another benefiting many people who purchased subsidized health coverage through either federal or state Health Insurance Marketplaces. In addition, the law also includes a third round of Economic Impact Payments, now going out to eligible Americans, that are generally equal […]
- [BREAKING NEWS: EEOC ANNOUNCES OPENING OF 2019 AND 2020 EEO-1 COMPONENT 1 DATA COLLECTION](https://helpdesksuites.com/2021/05/10/breaking-news-eeoc-announces-opening-of-2019-and-2020-eeo-1-component-1-data-collection-2/): Employers Have Until July 19, 2021 to Submit Two Years of EEO-1 Component 1 Data After delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020 in light of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) announced today that the 2019 and 2020 EEO-1 Component 1 data collection is now open.   The deadline for submitting both the 2019 and 2020 EEO-1 Component 1 data is Monday, July 19, 2021.  Recognizing the continuing differential impacts of the pandemic on workplaces nationwide and the requirement to submit two years of EEO-1 Component […]
- [BREAKING NEWS: Interim Public Health Recommendations for Fully Vaccinated People](https://helpdesksuites.com/2021/05/10/breaking-news-interim-public-health-recommendations-for-fully-vaccinated-people-2/):  Updated Apr. 27, 2021   Summary of Recent Changes Updates as of April 27, 2021 Guiding principles for fully vaccinated people are now provided. Underscores that immunocompromised people need to consult their healthcare provider about these recommendations, even if fully vaccinated. Fully vaccinated people no longer need to wear a mask outdoors, except in certain crowded settings and venues. Clarification that fully vaccinated workers no longer need to be restricted from work following an exposure as long as they are asymptomatic. Fully vaccinated residents of non-healthcare congregate settings no longer need to quarantine following a known exposure. Fully vaccinated asymptomatic people […]
- [Lawsuit Against Pilgrim’s Pride Alleges Lack of Precautions Against COVID-19](https://helpdesksuites.com/2021/05/10/lawsuit-against-pilgrims-pride-alleges-lack-of-precautions-against-covid-19-2/): Attorney Harrison Oldham This week, spouses of two individuals who died from COVID-19 filed a complaint against Pilgrim’s Pride, along with related defendants JBS USA Holdings Inc. and Packers Sanitation Services LTD, alleging that the defendants should have done more to protect its employees during the COVID-19 pandemic.  In the complaint, which was filed in the Eastern District of Texas, the Plaintiffs purported that the companies “placed profits over safety.”   Pilgrim’s Pride Corporation is an American, multi-national food company, currently one of the largest chicken producers in the United States.  JBS S.A., a Brazilian company, owns JBS USA Holdings, Inc., […]
- [Multistate Compliance Concerns for Employers With Out-of-State Remote Employees](https://helpdesksuites.com/2021/05/10/multistate-compliance-concerns-for-employers-with-out-of-state-remote-employees-2/): Attorney Harrison Oldham The COVID-19 pandemic shifted many employees to remote work and telecommuting.  Because of this, many employees, who are no longer tethered to an office space, have moved out-of-state from their initial workspace for personal or financial reasons.  In response, many employers are left to figure out what their legal obligations are for their remote employees who are now working out-of-state. While there are a number of concerns with this arrangement, the most significant are local employment laws, workers’ compensation insurance, the employer’s unemployment insurance obligations, and the employer’s potential out-of-state payroll tax obligations. In this article, we will […]
- [BREAKING NEWS: US DEPARTMENT OF LABOR ANNOUNCES FINAL RULE DELAYING PORTIONS OF THE 2020 TIP RULE](https://helpdesksuites.com/2021/05/10/breaking-news-us-department-of-labor-announces-final-rule-delaying-portions-of-the-2020-tip-rule-2/): The U.S. Department of Labor today announced a final rule delaying portions of the 2020 Tip final rule until December 31, 2021. The remainder of the 2020 Tip final rule will become effective April 30, 2021 including the rules addressing:   A prohibition on employers, including supervisors and managers, keeping tips received by workers, regardless of whether the employer takes a credit for workers’ tips toward their obligation to pay those workers minimum wage. The recordkeeping requirements for an employer that does not take a tip credit to include non-tipped workers, such as cooks and dishwashers, in nontraditional tip-sharing arrangements. An employer that […]
- [BREAKING NEWS: Philadelphia Joins New York City and Nevada in Restricting Pre-Employment Marijuana Tests](https://helpdesksuites.com/2021/05/10/breaking-news-philadelphia-joins-new-york-city-and-nevada-in-restricting-pre-employment-marijuana-tests-2/): By Jennifer L. Mora  On April 28, 2021, Philadelphia Mayor Jim Kenney signed Bill No. 200625 which, effective January 1, 2022, prohibits employers from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment. Currently, only New York City and Nevada have similar drug testing restrictions, but we expect this trend to continue. Nevada prohibits employers from taking adverse action against applicants who test positive for marijuana, with exceptions for, among other jobs, safety-sensitive positions and motor vehicle drivers who are subject to testing under state or federal law.  New York City, with some similar exceptions, also bars employers from requiring […]
- [BREAKING NEWS: US Department of Labor to withdraw Independent Contractor Rule](https://helpdesksuites.com/2021/05/10/breaking-news-us-department-of-labor-to-withdraw-independent-contractor-rule-2/): The U.S. Department of Labor today announced the withdrawal – effective May 6 – of the “Independent Contractor Rule,” to protect workers’ rights to the minimum wage and overtime compensation protections of the Fair Labor Standards Act (FLSA).   The Department is withdrawing the rule for several reasons, including:   The independent contractor rule was in tension with the FLSA’s text and purpose, as well as relevant judicial precedent. The rule’s prioritization of two “core factors” for determining employee status under the FLSA would have undermined the longstanding balancing approach of the economic realities test and court decisions requiring a review of the totality […]
- [Small Businesses Relying Heavily on Federal Relief](https://helpdesksuites.com/2021/05/10/small-businesses-relying-heavily-on-federal-relief-2/): Attorney Harrison Oldham On May 3, 2021, the National Federation of Independent Business (“NFIB”) released its latest survey on the impact the pandemic has had on small businesses.  The NFIB is the largest small business association in the country, with about 300,000 members, and this survey is the 17th survey the NFIB has conducted.  You may see the survey for yourself, here: https://www.nfib.com/content/press-release/coronavirus/nfib-covid-19-survey-small-business-recovery-working-towards-pre-crisis-levels/. In this latest survey, which cataloged responses from roughly 550 small businesses in late April, more than half of the respondents said that a worker had taken sick or family leave related to the virus. According to the survey, which […]
- [BREAKING NEWS: Common but costly errors employers should avoid when filing taxes or claiming credits ](https://helpdesksuites.com/2021/05/10/breaking-news-common-but-costly-errors-employers-should-avoid-when-filing-taxes-or-claiming-credits-2/): Employers filing employment tax returns and claiming an employer tax credit should read the instructions for Form 941 and carefully complete the form to avoid mistakes. Using a reputable tax preparer including a certified public accountant, enrolled agent or other knowledgeable tax professional can also help avoid errors. Mistakes can result in a processing delay or a balance due notice, which could mean additional delays or require filing an amended return.   Here are some important things employers should remember when preparing tax returns or claiming credits.   Ensure line 1 on Form 94X returns is accurate. Refer to the line 1 instructions for details on entering the […]
- [BREAKING NEWS: IRS Issues Notice 2021-26 Regarding Taxation of Dependent Care Benefits](https://helpdesksuites.com/2021/05/10/breaking-news-irs-issues-notice-2021-26-regarding-taxation-of-dependent-care-benefits-2/): Notice 2021-26  addresses the taxation of dependent care benefits provided through a dependent care assistance program (DCAP) that are made available in taxable years ending in 2021 and 2022 due to the application of either the carryover or the extension of a claims period made available under § 214 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (the Act), enacted as Division EE of the Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (CAA).   The notice clarifies that if these dependent care benefits would have been excluded from income if used during the […]
- [BREAKING NEWS: IRS Issues Notice 2021-26 Regarding Taxation of Dependent Care Benefits](https://helpdesksuites.com/2021/05/10/breaking-news-irs-issues-notice-2021-26-regarding-taxation-of-dependent-care-benefits/): Notice 2021-26  addresses the taxation of dependent care benefits provided through a dependent care assistance program (DCAP) that are made available in taxable years ending in 2021 and 2022 due to the application of either the carryover or the extension of a claims period made available under § 214 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (the Act), enacted as Division EE of the Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (CAA). The notice clarifies that if these dependent care benefits would have been excluded from income if used during the taxable […]
- [BREAKING NEWS: Common but costly errors employers should avoid when filing taxes or claiming credits ](https://helpdesksuites.com/2021/05/10/breaking-news-common-but-costly-errors-employers-should-avoid-when-filing-taxes-or-claiming-credits/): Employers filing employment tax returns and claiming an employer tax credit should read the instructions for Form 941 and carefully complete the form to avoid mistakes. Using a reputable tax preparer including a certified public accountant, enrolled agent or other knowledgeable tax professional can also help avoid errors. Mistakes can result in a processing delay or a balance due notice, which could mean additional delays or require filing an amended return. Here are some important things employers should remember when preparing tax returns or claiming credits. Ensure line 1 on Form 94X returns is accurate. Refer to the line 1 instructions for details on entering the number of employees. […]
- [Small Businesses Relying Heavily on Federal Relief](https://helpdesksuites.com/2021/05/06/small-businesses-relying-heavily-on-federal-relief/): On May 3, 2021, the National Federation of Independent Business (“NFIB”) released its latest survey on the impact the pandemic has had on small businesses.  The NFIB is the largest small business association in the country, with about 300,000 members, and this survey is the 17th survey the NFIB has conducted.  You may see the survey for yourself, here: https://www.nfib.com/content/press-release/coronavirus/nfib-covid-19-survey-small-business-recovery-working-towards-pre-crisis-levels/. In this latest survey, which cataloged responses from roughly 550 small businesses in late April, more than half of the respondents said that a worker had taken sick or family leave related to the virus. According to the survey, which includes […]
- [BREAKING NEWS: US Department of Labor to withdraw Independent Contractor Rule](https://helpdesksuites.com/2021/05/05/breaking-news-us-department-of-labor-to-withdraw-independent-contractor-rule/): The U.S. Department of Labor today announced the withdrawal – effective May 6 – of the “Independent Contractor Rule,” to protect workers’ rights to the minimum wage and overtime compensation protections of the Fair Labor Standards Act (FLSA).   The Department is withdrawing the rule for several reasons, including:   The independent contractor rule was in tension with the FLSA’s text and purpose, as well as relevant judicial precedent. The rule’s prioritization of two “core factors” for determining employee status under the FLSA would have undermined the longstanding balancing approach of the economic realities test and court decisions requiring a review of the totality of […]
- [BREAKING NEWS: Philadelphia Joins New York City and Nevada in Restricting Pre-Employment Marijuana Tests](https://helpdesksuites.com/2021/05/04/breaking-news-philadelphia-joins-new-york-city-and-nevada-in-restricting-pre-employment-marijuana-tests/): By Jennifer L. Mora  On April 28, 2021, Philadelphia Mayor Jim Kenney signed Bill No. 200625 which, effective January 1, 2022, prohibits employers from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment. Currently, only New York City and Nevada have similar drug testing restrictions, but we expect this trend to continue. Nevada prohibits employers from taking adverse action against applicants who test positive for marijuana, with exceptions for, among other jobs, safety-sensitive positions and motor vehicle drivers who are subject to testing under state or federal law.  New York City, with some similar exceptions, also bars employers from requiring […]
- [BREAKING NEWS: US DEPARTMENT OF LABOR ANNOUNCES FINAL RULE DELAYING PORTIONS OF THE 2020 TIP RULE](https://helpdesksuites.com/2021/04/29/breaking-news-us-department-of-labor-announces-final-rule-delaying-portions-of-the-2020-tip-rule/): The U.S. Department of Labor today announced a final rule delaying portions of the 2020 Tip final rule until December 31, 2021.   The remainder of the 2020 Tip final rule will become effective April 30, 2021 including the rules addressing:   A prohibition on employers, including supervisors and managers, keeping tips received by workers, regardless of whether the employer takes a credit for workers’ tips toward their obligation to pay those workers minimum wage. The recordkeeping requirements for an employer that does not take a tip credit to include non-tipped workers, such as cooks and dishwashers, in nontraditional tip-sharing arrangements. An employer that […]
- [Multistate Compliance Concerns for Employers With Out-of-State Remote Employees](https://helpdesksuites.com/2021/04/29/multistate-compliance-concerns-for-employers-with-out-of-state-remote-employees/): The COVID-19 pandemic shifted many employees to remote work and telecommuting.  Because of this, many employees, who are no longer tethered to an office space, have moved out-of-state from their initial workspace for personal or financial reasons.  In response, many employers are left to figure out what their legal obligations are for their remote employees who are now working out-of-state. While there are a number of concerns with this arrangement, the most significant are local employment laws, workers’ compensation insurance, the employer’s unemployment insurance obligations, and the employer’s potential out-of-state payroll tax obligations. In this article, we will attempt to briefly […]
- [Lawsuit Against Pilgrim’s Pride Alleges Lack of Precautions Against COVID-19](https://helpdesksuites.com/2021/04/29/lawsuit-against-pilgrims-pride-alleges-lack-of-precautions-against-covid-19/): This week, spouses of two individuals who died from COVID-19 filed a complaint against Pilgrim’s Pride, along with related defendants JBS USA Holdings Inc. and Packers Sanitation Services LTD, alleging that the defendants should have done more to protect its employees during the COVID-19 pandemic.  In the complaint, which was filed in the Eastern District of Texas, the Plaintiffs purported that the companies “placed profits over safety.”   Pilgrim’s Pride Corporation is an American, multi-national food company, currently one of the largest chicken producers in the United States.  JBS S.A., a Brazilian company, owns JBS USA Holdings, Inc., which is the […]
- [BREAKING NEWS: Interim Public Health Recommendations for Fully Vaccinated People](https://helpdesksuites.com/2021/04/28/breaking-news-interim-public-health-recommendations-for-fully-vaccinated-people/): Updated Apr. 27, 2021 Summary of Recent Changes Updates as of April 27, 2021 Guiding principles for fully vaccinated people are now provided. Underscores that immunocompromised people need to consult their healthcare provider about these recommendations, even if fully vaccinated. Fully vaccinated people no longer need to wear a mask outdoors, except in certain crowded settings and venues. Clarification that fully vaccinated workers no longer need to be restricted from work following an exposure as long as they are asymptomatic. Fully vaccinated residents of non-healthcare congregate settings no longer need to quarantine following a known exposure. Fully vaccinated asymptomatic people without […]
- [BREAKING NEWS: EEOC ANNOUNCES OPENING OF 2019 AND 2020 EEO-1 COMPONENT 1 DATA COLLECTION](https://helpdesksuites.com/2021/04/26/breaking-news-eeoc-announces-opening-of-2019-and-2020-eeo-1-component-1-data-collection/): Employers Have Until July 19, 2021 to Submit Two Years of EEO-1 Component 1 Data After delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020 in light of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) announced today that the 2019 and 2020 EEO-1 Component 1 data collection is now open. The deadline for submitting both the 2019 and 2020 EEO-1 Component 1 data is Monday, July 19, 2021.  Recognizing the continuing differential impacts of the pandemic on workplaces nationwide and the requirement to submit two years of EEO-1 Component 1 […]
- [BREAKING NEWS: DOL Explains Essential Workers and Essential Protections](https://helpdesksuites.com/2021/04/26/breaking-news-dol-explains-essential-workers-and-essential-protections/): The U.S. Department of Labor’s Wage and Hour Division  has launched the Essential Workers, Essential Protections initiative to ensure that workers know about the wage and hour laws that protect them – and how to contact us to get the help  they need. We are very pleased to share with you additional materials and information to support this initiative:   FAQs. Answers to frequently asked questions addressing pandemic-related scenarios that workers, advocates and employers National Webinar Schedule. WHD also continues to host more webinars nationwide. Please encourage your stakeholders to register for an upcoming event. Blog Article. To underscore the importance of this initiative, we have published an […]
- [H.R. Update April 23, 2021](https://helpdesksuites.com/2021/04/23/h-r-update-april-23-2021/): DOL Issues Guidance on the American Rescue Plan Act COBRA Subsidy On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA) that contains a new, temporary COBRA subsidy. From April 1, 2021 through September 31, 2021, the ARPA requires employers to cover 100% of an employee’s cost of continuing group health coverage under COBRA if the employee was eligible for COBRA continuation coverage during the indicated period regardless of whether the employee may not have previously elected coverage or discontinued coverage. Employers that provide such paid coverage may recover the cost through deductions on quarterly payroll filings. On […]
- [BREAKING NEWS: IRS suspends requirement to repay excess advance payments of the 2020 premium tax credit](https://helpdesksuites.com/2021/04/23/breaking-news-irs-suspends-requirement-to-repay-excess-advance-payments-of-the-2020-premium-tax-credit/): The premium tax credit helps pay for health insurance coverage bought from the Health Insurance Marketplace. Eligible people can choose to have all, some, or none of the estimated credit paid in advance directly to their insurance company on their behalf. These payments – which are called advance payments of the premium tax credit, advance credit payments, or APTC – lower what taxpayers pay out-of-pocket for their monthly premiums. Alternatively, people can choose not to get APTC, pay the full amount of their monthly premium, and claim all the benefit of the PTC that they are allowed when they file their tax return. […]
- [OSHA Updates 300 Log Recording Requirements for COVID Vaccine Reactions](https://helpdesksuites.com/2021/04/23/osha-updates-300-log-recording-requirements-for-covid-vaccine-reactions/): On April 20, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued guidance regarding employers’ obligation to record adverse reactions to the COVID-19 vaccine. The updated guidance clarifies that if an employer adopts a mandatory vaccination policy, an adverse reaction to the COVID-19 vaccine is recordable on an employer’s OSHA 300 log if the reaction is: (1) work-related; (2) a new case; and (3) meets one or more of the general recording criteria set forth in 29 C.F.R. 1904.7. Are adverse reactions to the COVID-19 vaccine recordable on the OSHA recordkeeping log? In general, an adverse reaction to the […]
- [Targeted Health and Safety Inspections for Covid-19 Risks Begin in the United States](https://helpdesksuites.com/2021/04/19/targeted-health-and-safety-inspections-for-covid-19-risks-begin-in-the-united-states/): As President Biden has taken his seat, his Administration has ushered in the United States Occupational Safety and Health Administration to start a program in order to implement inspections in industries and activities where there is a high risk of workers contracting Covid-19.   At the beginning of the year, President Biden signed an executive order ordering the Department of Labor to launch a nationwide program to direct the Occupational Safety and Health Administration to make enforcement efforts related to Covid-19 on high-risk conditions that could potentially expose a large number of workers to situations where the virus can spread more […]
- [H.R. Update April 2021](https://helpdesksuites.com/2021/04/13/h-r-update-april-2021/): Federal Court Strikes Down Dallas Paid Sick Leave Ordinance The U.S. District Court for the Eastern District of Texas has permanently enjoined a controversial Dallas ordinance requiring employers to provide paid sick leave benefits to certain employees. The permanent injunction took effect on March 31, 2021. Dallas was the third city in Texas to enact a paid sick leave ordinance, following the adoption of nearly identical laws in Austin and San Antonio. All three would have required covered private employers to provide certain paid sick leave benefits to employees based on hours worked within city limits. Learn More Recreational Marijuana Use Away […]
- [Illinois Tightens Restrictions on Use Of Criminal Conviction Information](https://helpdesksuites.com/2021/04/13/illinois-tightens-restrictions-on-use-of-criminal-conviction-information/): Restrictions on inquiring into, or using, criminal history information are not new to Illinois employers.  For years, Illinois employers been precluded from using an applicant’s arrest history when making hiring or other employment decisions.  And, in 2015, Illinois joined the list of “ban the box” states by precluding employers with 15+ employees from inquiring into or considering the criminal record or criminal history of an applicant until after the applicant was selected for an interview or had received a conditional offer of employment. Effective March 23, 2021, the restrictions have tightened again, through amendments to the Illinois Human Rights Act (“IHRA”), […]
- [Philadelphia Requires Paid COVID-19 Sick Leave](https://helpdesksuites.com/2021/04/13/philadelphia-requires-paid-covid-19-sick-leave-for-related-reasons/): Via https://www.mmwr.com/alert-resource/philadelphia-requires-paid-covid-19-sick-leave-for-related-reasons/ Effective March 29, 2021, Philadelphia amended and expanded the Public Health Emergency Leave (“PHEL”) requirements to provide up to 80 hours of paid leave and benefits for employees related to COVID-19. The ordinance applies to employers with 50 or more employees, and to full and part-time employees who have worked for the employer for at least 90 days. An eligible employee must also: (i) work in the City of Philadelphia; (ii) currently be teleworking but normally work in Philadelphia; or (iii) work for an employer from multiple locations with over 51% of work time spent in Philadelphia. The ordinance […]
- [New Mexico Legalizes Recreational Marijuana](https://helpdesksuites.com/2021/04/13/new-mexico-legalizes-recreational-marijuana/): Via: https://www.vorys.com/publications-2901.html On April 1, 2021, New Mexico became the seventeenth state to legalize adult use or recreational cannabis for those 21 and older.  New York just legalized recreational cannabis on March 31 (see our alert on this law here).  Cannabis use and possession – whether for recreational or medical use – still remains illegal under federal law.    The New Mexico Cannabis Regulation Act (CRA) decriminalizes possession and use of cannabis and establishes a regulatory, taxing, and licensing system for commercial production and sales.  Commercial sales of cannabis would begin no later than April 1, 2022.   Of particular importance to […]
- [BREAKING NEWS: Claiming the employee retention credit in the first and second calendar quarters 2021](https://helpdesksuites.com/2021/04/13/breaking-news-claiming-the-employee-retention-credit-in-the-first-and-second-calendar-quarters-2021/): IRS issued guidance for employers claiming the employee retention credit under the Coronavirus Aid, Relief, and Economic Security Act modified by the Taxpayer Certainty and Disaster Tax Relief Act of 2020. Notice 2021-23 explains the changes for the first and second calendar quarters of 2021, including: the increase in the maximum credit amount the expansion of the category of employers that may be eligible to claim the credit modifications to the gross receipts test revisions to the definition of qualified wages new restrictions on the ability of eligible employers to request an advance payment of the credit Eligible employers can now claim […]
- [California Legislation Expands COVID-19 Related Supplemental Paid Sick Leave](https://helpdesksuites.com/2021/04/13/california-legislation-expands-covid-19-related-supplemental-paid-sick-leave/): Hey California employers! You thought COVID sick leave was voluntary this year. But, surprise, it’s actually not voluntary and here is the best part – or worst part – the paid leave is retroactive for most California employees. Yep, so there ya go. Some super smart attorneys from FordHarrison have provided some excellent FAQs on the subject. Read on…
- [President Biden’s American Jobs Plan: A Mandate for Infrastructure](https://helpdesksuites.com/2021/04/13/president-bidens-american-jobs-plan-a-mandate-for-infrastructure/): On March 31, 2021, President Joe Biden announced his newest proposal, the American Jobs Plan (the “Plan”). According to the announcement, the Plan is an eight-year, $2 trillion dollar investment that is designed to improve and modernize U.S infrastructure and landscapes. It will also be used to create jobs and economic growth, as well as promote national security interest. This Plan is a significant step forward in President Biden’s goal of implementing his “Build Back Better Plan”.   The Build Back Better Plan is a projected $7 trillion dollar economic and infrastructure package, which includes various investments to improve highways and […]
- [BREAKING NEWS: Treasury, IRS provide guidance on tax relief for deductions for food or beverages from restaurants](https://helpdesksuites.com/2021/04/09/breaking-news-treasury-irs-provide-guidance-on-tax-relief-for-deductions-for-food-or-beverages-from-restaurants/): Notice 2021-25 provides guidance regarding the temporary 100-percent deduction for expenses that are paid or incurred in 2021 and 2022, for food or beverages provided by a restaurant.  In particular, the notice explains when the temporary 100-percent deduction applies and when the 50-percent limitation continues to apply for purposes of § 274 of the Internal Revenue Code. Notice 2021-25 will be in IRB: 2021-17, dated 04/26/2021. Businesses can temporarily deduct 100% beginning Jan. 1, 2021 The Treasury Department and the Internal Revenue Service today issued Notice 2021-25 providing guidance under the Taxpayer Certainty and Disaster Relief Act of 2020. The Act added a […]
- [US DEPARTMENT OF LABOR ISSUES GUIDANCE, MODEL NOTICES IMPLEMENTING AMERICAN RESCUE PLAN’S COBRA PREMIUM ASSISTANCE PROVISIONS](https://helpdesksuites.com/2021/04/08/us-department-of-labor-issues-guidance-model-notices-implementing-american-rescue-plans-cobra-premium-assistance-provisions/): Provisions implement COBRA premium assistance through September 2021 The U.S. Department of Labor today issued guidance implementing the American Rescue Plan’s Continuation of Health Coverage premium assistance provisions to provide full COBRA premium assistance to certain individuals who have experienced a reduction in hours or involuntary termination of employment. The guidance from the department’s Employee Benefits Security Administration includes documents – prepared in consultation with the Departments of the Treasury and Health and Human Services – to implement these provisions, such as frequently asked questions, model notices and a Federal Register Notice. COBRA allows employees and their families who would otherwise lose their group health […]
- [Where in my place of business am I required to post posters?](https://helpdesksuites.com/2021/04/07/where-in-my-place-of-business-am-i-required-to-post-posters/): Generally, federal workplace posters must be displayed or posted in conspicuous places where they are easily visible to all employees — the intended audience. The FMLA, EEO, and EPPA posters are also required to be placed where they can be seen by applicants for employment. In addition, the DOL has said that remote workers must also have posters. Employers may email or add posters to the company intranet or website. But, the remote employee must be able to easily and openly access posters as needed. The specific location requirements for each federal workplace poster are: The Fair Labor Standards Act (FLSA) Poster (Minimum Wage […]
- [The American Rescue Plan Act’s COBRA Premium Subsidy](https://helpdesksuites.com/2021/04/03/the-american-rescue-plan-acts-cobra-premium-subsidy/): I include a summary here because you might read the rest of this article and think, “No way, really?!” And yes, yes really. Summary: The American Rescue Plan Act provides for a 100 percent COBRA premium subsidy for certain former employees from April 1, 2021 to Sept. 30, 2021 and provides a second chance for some individuals to elect COBRA health insurance coverage. Employers will be responsible for complying with notice requirements for eligible former employees during the premium subsidy period. Employers will be eligible for a refundable tax credit to offset amounts paid under the COBRA subsidy provisions of the […]
- [BREAKING NEWS: IRS provides guidance for employers claiming the Employee Retention Credit for first two quarters of 2021](https://helpdesksuites.com/2021/04/02/breaking-news-irs-provides-guidance-for-employers-claiming-the-employee-retention-credit-for-first-two-quarters-of-2021/): The Internal Revenue Service today issued guidance for employers claiming the Employee Retention Credit under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) modified by the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (Relief Act). Notice 2021-23 explains the changes to the Employee Retention Credit for the first two calendar quarters of 2021, including: the increase in the maximum credit amount, the expansion of the category of employers that may be eligible to claim the credit, modifications to the gross receipts test, revisions to the definition of qualified wages, and new restrictions on the ability of eligible employers […]
- [BREAKING NEWS: DHS Extends Form I-9 Requirement Flexibility (Effective Mar. 31, 2021)](https://helpdesksuites.com/2021/04/01/breaking-news-dhs-extends-form-i-9-requirement-flexibility-effective-mar-31-2021/): The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire March 31. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibility policy an additional 60 days until May 31, 2021. This provision only applies to employers and workplaces that are operating remotely. See the original news release from March 23, 2020 for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete […]
- [BREAKING NEWS: EEOC ANNOUNCES APRIL 26 OPENING DATE FOR THE COLLECTION OF 2019 AND 2020 EEO-1 COMPONENT 1 DATA](https://helpdesksuites.com/2021/03/30/breaking-news-eeoc-announces-april-26-opening-date-for-the-collection-of-2019-and-2020-eeo-1-component-1-data/): Employers Will Have Until July 19 to Submit Two Years of EEO-1 Data After delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020 in light of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) announced today that the 2019 and 2020 EEO-1 Component 1 data collection will open on Monday, April 26, 2021. The deadline for submitting 2019 and 2020 EEO-1 Component 1 data will be Monday, July 19, 2021.  Recognizing the continuing differential impacts of the pandemic on workplaces nationwide and the requirement to submit two years of EEO-1 data, […]
- [California Leads in Establishing Mandatory Vaccination Policies](https://helpdesksuites.com/2021/03/29/california-leads-in-establishing-mandatory-vaccination-policies/): COVID-19 vaccines are becoming more readily available each day. As a result, not only are more doses being administered, but much of the initial insecurity surrounding them has faded. One reason for this is because there is a decrease in vaccines wasted over time. In January 2021, when the vaccines were first being released – they faced more skepticism, and states were reluctant to use the available doses. In fact, in the first few weeks, states rarely used over 60 percent of their available doses. There are now more vaccines out and they are becoming much easier to access – I […]
- [BREAKING NEWS: US Department of Labor Announces Proposed Rulemakings for Tipped Workers’ Regulations](https://helpdesksuites.com/2021/03/23/breaking-news-us-department-of-labor-announces-proposed-rulemakings-for-tipped-workers-regulations/): The U.S. Department of Labor today announced two Notices of Proposed Rulemaking related to tipped workers as the effective date approaches for the “Tip Regulations Under the Fair Labor Standards Act” final rule, published in December 2020.   On Feb. 26, 2021, the Department issued a rule to delay the effective date of the 2020 final rule until April 30, 2021, to provide additional time to consider issues of law, policy and fact.   After considerable review, several portions of the 2020 Tip final rule implementing the 2018 Consolidated Appropriations Act will go into effect upon expiration of the first extension […]
- [CDC Issues Guidance on Common Side Effects Post-Vax](https://helpdesksuites.com/2021/03/22/cdc-issues-guidance-on-common-side-effects-post-vax/): Hey Compliance Warriors, A lot of employees are getting the vax and are experiencing side effects for which they may need time off to recover. Here is the CDC’s list of potential side effects you can expect employees to experience. https://www.cdc.gov/coronavirus/2019-ncov/vaccines/expect/after.html COVID-19 vaccination will help protect you from getting COVID-19. You may have some side effects, which are normal signs that your body is building protection. These side effects may affect your ability to do daily activities, but they should go away in a few days. Some people have no side effects. Common side effects On the arm where you got the […]
- [BREAKING NEWS: EEOC CONDEMNS VIOLENCE AGAINST ASIAN AMERICANS AND PACIFIC ISLANDERS IN THE UNITED STATES](https://helpdesksuites.com/2021/03/22/breaking-news-eeoc-condemns-violence-against-asian-americans-and-pacific-islanders-in-the-united-states/): Hey Compliance Warriors, Hopefully, you are not dealing with discrimination or harassment against Asian Americans or Pacific Islanders in your workplace. But, this has been and continues to be a problem around the country. Today, the U.S. Equal Employment Opportunity Commission (EEOC) unanimously approved a resolution condemning the recent violence, harassment, and acts of bias against Asian Americans and Pacific Islanders in the United States, the agency announced today.  The resolution reaffirms the Commission’s commitment to combat all forms of harassment and discrimination against members of AAPI communities, and to ensure equal opportunity, inclusion, and dignity for all in the workplace. “The […]
- [March Madness of Changes in the Landscape of the US.](https://helpdesksuites.com/2021/03/18/march-madness-of-changes-in-the-landscape-of-the-us/): Many people look forward to March Madness – the annual NCAA Division 1 men’s basketball tournament, including yours truly.  Although personally, it feels like my bracket is generally busted by the end of day 1, it is still fun to watch the games and try to create the best bracket.  However, this year, we are living in a different version of March Madness – that is the new one being created by the Biden Administration.  Over the last few weeks, President Biden’s Administration and the 117th Congress have made a huge number of changes at the Federal Government level.  Here, I […]
- [BREAKING NEWS: American Rescue Plan Act is Signed into Law and Employers Must Take Note](https://helpdesksuites.com/2021/03/15/breaking-news-american-rescue-plan-act-is-signed-into-law-and-employers-must-take-note/): Hey Compliance Warriors! President Biden has signed ARPA into law and the effects on the workplace are many. Check out this article by the National Law Review for more details. https://www.natlawreview.com/article/american-rescue-plan-extends-ffcra-tax-credit-not-mandate On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “Plan”). The Plan is the most recent stimulus bill enacted to address the COVID-19 pandemic and it comes almost one year to the date the first COVID relief bill containing the Families First Coronavirus Response Act (FFCRA) was passed. The employer leave obligations contained in the FFCRA ended on December 31, 2020.  The Consolidated Appropriations […]
- [BREAKING NEWS: OSHA launches program to protect high-risk workers from coronavirus](https://helpdesksuites.com/2021/03/14/breaking-news-osha-launches-program-to-protect-high-risk-workers-from-coronavirus/):  In response to President Biden’s executive order on protecting worker health and safety, the U.S. Department of Labor’s Occupational Safety and Health Administration has launched a national emphasis program focusing enforcement efforts on companies that put the largest number of workers at serious risk of contracting the coronavirus. The program also prioritizes employers that retaliate against workers for complaints about unsafe or unhealthy conditions, or for exercising other rights protected by federal law. “This deadly pandemic has taken a staggering toll on U.S. workers and their families. We have a moral obligation to do what we can to protect workers, especially for the many […]
- [Biden Fires EEOC General Counsel After She Declines to Quit](https://helpdesksuites.com/2021/03/11/biden-fires-eeoc-general-counsel-after-she-declines-to-quit/): Sharon Gustafson, now former Equal Employment Opportunity Commission (“EEOC”) General Counsel was fired by the White House on Friday after refusing to resign willingly.  In response to President Biden’s request, Gustafson penned a letter to the white house, where she stated that she “respectfully” declined the White House’s request to resign and that she wanted to serve the remainder of her four-year term, which was set to expire in 2023.  The U.S. Senate confirmed Gustafson on August 1, 2019, for a term ending in 2023. She was the first woman to serve as General Counsel at the EEOC.  Ms. Gustafson has […]
- [BREAKING NEWS: California Supreme Court Says "NO MORE ROUNDING OF MEAL BREAKS"](https://helpdesksuites.com/2021/03/09/breaking-news-california-supreme-court-says-no-more-rounding-of-meal-breaks/): Via National Law Review https://www.natlawreview.com/article/california-supreme-court-strikes-down-meal-break-rounding-establishes-presumption On 25 February 2021, the California Supreme Court provided a long-awaited answer to the questions of whether California employers can legally round meal breaks and whether records showing potential noncompliance with meal period requirements create a presumption of noncompliance. Now, more so than ever, California employers should ensure that their timekeeping and meal break policies, practices, and—increasingly important—technology are up to date and compliant with the current demands of the law. In Donohue v. AMN Services, LLC, Plaintiff Kennedy Donohue was a nurse recruiter for AMN Services, LLC (AMN), a health care company that recruits nurses for […]
- [Faith Based Employers Amidst Biden Administration](https://helpdesksuites.com/2021/03/08/faith-based-employers-amidst-biden-administration/): In many ways, religious employers are not too different from their secular counterparts. Both share many of the same concerns in respect to running their workplaces more efficiently. Additionally, both are subject to many of the same rules and regulations, with one critical difference: the availability of First Amendment protections.   After the past few years of favorable policy changes and court decisions, religious employers now must navigate the new realities associates with a new Administration.  Although these entities may be concerned as to how the new Administration will approach religious rights, it is important to remember that the Supreme Court’s […]
- [BREAKING NEWS: CDC Updates Guidance for Indoor Gatherings After Vaccination](https://helpdesksuites.com/2021/03/08/breaking-news-cdc-updates-guidance-for-indoor-gatherings-after-vaccination/): What’s Changed If you’ve been fully vaccinated: You can gather indoors with fully vaccinated people without wearing a mask. You can gather indoors with unvaccinated people from one other household (for example, visiting with relatives who all live together) without masks, unless any of those people or anyone they live with has an increased risk for severe illness from COVID-19. If you’ve been around someone who has COVID-19, you do not need to stay away from others or get tested unless you have symptoms. However, if you live in a group setting (like a correctional or detention facility or group home) and […]
- [HR in Aggregate: Recent Alerts from Attorneys](https://helpdesksuites.com/2021/03/02/hr-in-aggregate-recent-alerts-from-attorneys/): Off-Duty Recreational Cannabis Use to be Protected in New Jersey After contentious negotiations, Governor Phil Murphy has signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the Act) implementing the constitutional amendment embracing recreational marijuana ratified in November 2020. When the framework created by the Act is in place, New Jersey will be the first state in the nation to protect employees from almost any adverse employment action triggered by off-work recreational marijuana activity. Employer policies and drug-testing programs will have to be modified to comply with the broad requirements of the new law. Learn More Littler Lightbulb: Wage […]
- [BREAKING NEWS: IRS Answers: Who is entitled to Covid‐19 Relief Credits?](https://helpdesksuites.com/2021/03/01/breaking-news-irs-answers-who-is-entitled-to-covid%e2%80%9019-relief-credits/): The Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security (CARES) Act provided two new employer tax credits: Sick and Family Leave Credit Employee Retention Credit. As a reminder, federal, state and local government entities, and any agencies or instrumentalities of those entities, are not entitled to either of these credits. However, tribal governments may be eligible to claim both the Sick and Family Leave Credit and the Employee Retention Credit. For more information on eligible employers, see: What is an Eligible Employer? (FFCRA – Sick & Family Leave Credits) – Questions 19b, 19c and 19g. Determining […]
- [EEOC RELEASES FISCAL YEAR 2020 ENFORCEMENT AND LITIGATION DATA](https://helpdesksuites.com/2021/03/01/eeoc-releases-fiscal-year-2020-enforcement-and-litigation-data/): The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 67,448 charges of workplace discrimination the agency received in Fiscal Year (FY) 2020. The agency secured $439.2 million for victims of discrimination in the private sector and state and local government workplaces through voluntary resolutions and litigation.  The comprehensive enforcement and litigation statistics for FY 2020, which ended on Sept. 30, 2020, are posted on the agency’s website, which also includes detailed breakdowns of charges by state. EEOC resolved 70,804 charges in FY 2020 and increased its merit factor resolution rate to 17.4 percent from 15.6 percent the prior […]
- [BREAKING NEWS: IRS Provides Guidance on the Employee Retention Credit](https://helpdesksuites.com/2021/03/01/breaking-news-irs-provides-guidance-on-the-employee-retention-credit/): The Internal Revenue Service today issued guidance for employers claiming the employee retention credit under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), as modified by the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (Relief Act), for calendar quarters in 2020. The guidance in Notice 2021-20 is similar to the information in the employee retention credit FAQs, but includes clarifications and describes retroactive changes under the new law applicable to 2020, primarily relating to expanded eligibility for the credit. For 2020, the employee retention credit can be claimed by employers who paid qualified wages after March 12, 2020, and […]
- [BREAKING NEWS: US DEPARTMENT OF LABOR GUIDANCE TO STATE UI PROGRAMS EXPANDS ELIGIBILITY FOR WORKERS WHO DECLINED WORK DUE TO PANDEMIC SAFETY CONCERNS](https://helpdesksuites.com/2021/02/26/breaking-news-us-department-of-labor-guidance-to-state-ui-programs-expands-eligibility-for-workers-who-declined-work-due-to-pandemic-safety-concerns/): KEY POINT: Eligible unemployed workers will receive benefits retroactively For many of America’s workers, choosing between unsafe employment and refusing work to avoid the risk of coronavirus infection has serious consequences. Too often, those who do not return to work or accept a job offer over concerns about workplace exposure lose their state unemployment benefits. In response to a directive from President Biden, the U.S. Department of Labor is issuing guidance to state unemployment insurance agencies that expands the number of instances in which workers may be eligible for Pandemic Unemployment Assistance. “Our nation cannot afford to continue compounding the already-devastating effects of […]
- [Navigating Voluntary COVID-19 Vaccines](https://helpdesksuites.com/2021/02/25/navigating-voluntary-covid-19-vaccines/): As you know, COVID-19 vaccines have become more available and employees are slowly starting to return to the office.  As a result, employment-based programs mandating, or incentivizing, employee vaccinations will become more of the norm. This post will discuss how an employer might create a voluntary workplace vaccination using rewards to encourage employee participation, and how to avoid possible issues.   Background According to Equal Employment Opportunity Commission (“EEOC”) guidance, the COVID-19 vaccination is currently not a covered medical examination with the Americans with Disabilities Act (“ADA”). Accordingly, to ensure that vaccination requirements do not run afoul of federal civil rights […]
- [BREAKING NEWS: CDC Updates Vaccine FAQs](https://helpdesksuites.com/2021/02/23/breaking-news-cdc-updates-vaccine-faqs/): Below are answers to commonly asked questions about COVID-19 vaccination. CDC also has information for busting common vaccine myths available in facts about COVID-19 vaccines. Get answers to other frequently asked questions about: Healthcare professional questions and answers Vaccine Administration Management System (VAMS) Preparing for COVID-19 vaccination at long-term care facilities V-safe after vaccination health checker   Until Next Time, Be Audit-Secure™ Lisa Smith, SPHR, SHRM-SCP About LISA SMITH, SPHR, SHRM-SCP Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more in her Compliance Warriors Facebook Group.
- [Top 5 Labor & Employment Issues That Will Keep Retailers Busy in 2021](https://helpdesksuites.com/2021/02/19/top-5-labor-employment-issues-that-will-keep-retailers-busy-in-2021/): Since the Inauguration, the Biden administration has quickly got to work. With that said, it is a great time for retailers to pay attention to the labor and employment issues that will most likely take prominence in 2021. In no order, this article will discuss the 5 issues that will most likely keep retail employers busy in 2021.   Changes to Federal Labor and Employment Policy Now that the Democrats are in control of the White House, U.S House of Representatives, and U.S. Senate, federal labor and employment policies are going to change in many respects. Some changes that may affect […]
- [BREAKING NEWS: DOL Issues New COVID-19 Unemployment Benefits FAQs](https://helpdesksuites.com/2021/02/19/breaking-news-dol-issues-new-covid-19-unemployment-benefits-faqs/): In March 2020, the President signed the Coronavirus Aid, Relief and Economic Security (CARES) Act, which provided Americans with new and expanded unemployment insurance (UI) benefits if they’re out of work for reasons related to the pandemic. These benefits were recently updated and extended when the Continued Assistance for Unemployed Workers Act of 2020 (Continued Assistance Act) was signed into law by President Trump on Dec. 27, 2020. The Continued Assistance Act also included a one-time $600 stimulus payment for qualified individuals; however, that payment is not an unemployment benefit and is administered by the U.S. Department of the Treasury. Here […]
- [BREAKING NEWS: New law provides additional flexibility for health FSAs and dependent care assistance programs](https://helpdesksuites.com/2021/02/19/breaking-news-new-law-provides-additional-flexibility-for-health-fsas-and-dependent-care-assistance-program/): Employers may allow participants to carry over unused amounts The Internal Revenue Service today provided greater flexibility, due to the pandemic, to employee benefit plans offering health flexible spending arrangements (FSAs) or dependent care assistance programs. Under the COVID-related Taxpayer Certainty and Disaster Tax Relief Act of 2020, these plans now have additional discretion in 2021 and 2022 to adjust their programs to help employees better meet the unanticipated consequences of the public health emergency. Notice 2021-15 responds to unanticipated changes in the availability of certain medical care and dependent care. As a result of COVID-19, participating employees are more likely […]
- [BREAKING NEWS: DOL Fines for Posting Violations Have Increased](https://helpdesksuites.com/2021/02/16/breaking-news-dol-fines-for-posting-violations-have-increased/): Hey Compliance Warriors! The DOL has made it official! Penalties for violations of employment law posting requirements have increased for 2021. Effective January 16th, 2021 the new maximum penalty/fine amounts are: Family and Medical Leave Act (FMLA): $178                  29 CFR 825.300(a) Job Safety and Health: It’s the Law (OSHA): $13,653    29 CFR 1903.15(d)(5) Employee Polygraph Protection Act (EPPA): $21,663   29 CFR 801.42(a) Fair Labor Standards Act: $2074                                     29 CFR 578.3(a) These are only a few of […]
- [CDC UPDATE: When You Can be Around Others After You Had or Likely Had COVID-19](https://helpdesksuites.com/2021/02/16/cdc-update-when-you-can-be-around-others-after-you-had-or-likely-had-covid-19/): Hey Compliance Warriors! On February 11th, the CDC issued some new guidance regarding exposure to COVID-19. Read on…
- [BREAKING NEWS: CDC Issues New Quarantine Guidance Post Vaccine](https://helpdesksuites.com/2021/02/11/breaking-news-cdc-issues-new-quarantine-guidance-post-vaccine/): Hey Compliance Warriors! The CDC has issued some new guidance regarding vaccinations and individuals who get vaccinated. These updates will affect your workplace. Read on…
- [President Biden Nominates Julie Su for Dept. of Labor Position Number 2](https://helpdesksuites.com/2021/02/11/president-biden-nominates-julie-su-for-dept-of-labor-position-number-2/): President Joe Biden has announced California Labor Secretary Julie Su for his nominee to serve in the number 2 position at the U.S. Labor Department.  A crucial position for a Department that President Biden has tasked with helping to repair the economy from the pandemic’s devastation while ensuring Americans can safely return to worksites.   According to the California Labor & Workforce website, “As California Labor Commissioner from 2011 through 2018, Su enforced the State’s labor laws to ensure a fair and just workplace for both employees and employers. A report on her tenure released in May 2013 found that her […]
- [BREAKING NEWS: IRS Extends Employee Retention Credits](https://helpdesksuites.com/2021/02/08/breaking-news-irs-extends-employee-retention-credits/): Hey Compliance Warriors! The Internal Revenue Service urges employers to take advantage of the newly-extended employee retention credit, designed to make it easier for businesses that, despite challenges posed by COVID-19, choose to keep their employees on the payroll. Read on…
- [Changing Administration: Prevalent Issues in Labor Law](https://helpdesksuites.com/2021/02/05/changing-administration-prevalent-issues-in-labor-law/): Recently, labor laws (meaning laws that are traditionally viewed as applying to unions) have not impacted large swaths of the working world.  However, with the election of President Biden, that could change.  President Biden has been a long time supporter of organized labor, and that, coupled with control of both houses of the U.S. Congress by the traditionally labor-friendly Democratic Party, could signal significant changes to the field of labor law.   Those changes, if they are to occur, will likely start with the National Labor Relations Board (“NLRB” or “Board”), which oversees and enforces U.S. labor law in relation to […]
- [BREAKING NEWS: New OSHA Guidance Issued for COVID-19 Workplace Matters](https://helpdesksuites.com/2021/02/01/breaking-news-new-osha-guidance-issued-for-covid-19-workplace-matters/): Hey Compliance Warriors! We have been waiting for the updated guidance that President Biden instructed OSHA to create before February 4th, 2021. WAIT NO MORE! The guidance is issued! https://www.osha.gov/coronavirus/safework
- [BREAKING NEWS: IRS updates FAQs on paid sick leave credit and family leave credit](https://helpdesksuites.com/2021/02/01/breaking-news-irs-updates-faqs-on-paid-sick-leave-credit-and-family-leave-credit/): Hey Compliance Warriors! The Internal Revenue Service today posted updated FAQs about recent legislation that extended and amended tax relief to certain small- and mid-sized employers under the Families First Coronavirus Response Act (FFCRA). The FAQs are available at COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs.
- [BREAKING NEWS: DOL Ends the PAID Program](https://helpdesksuites.com/2021/02/01/breaking-news-dol-ends-the-paid-program/): Hey Compliance Warriors! The U.S. Department of Labor today announced that it has ended the Payroll Audit Independent Determination (PAID) program, effective immediately. PAID, launched by the Department’s Wage and Hour Division (WHD) in 2018, allowed employers to self-report minimum wage and overtime violations under the Fair Labor Standards Act (FLSA) without facing litigation, penalties or additional damages. The program also prohibited affected workers from taking any private action on the identified violations. For employers who seek assistance understanding their responsibilities under wage and hour laws, WHD provides significant outreach and educational resources, which help them achieve compliance without relieving them of […]
- [President Biden’s Executive Actions: Focus On Diversity & Inclusion](https://helpdesksuites.com/2021/01/30/president-bidens-executive-actions-focus-on-diversity-inclusion/): For the last several weeks we have been talking about steps the newly elected President Bident. Well, it turns out we were correct on several points. Almost immediately after President Biden’s inauguration on January 20, 2021, he signed 17 executive actions covering a broad spectrum of issues, including discrimination, racial justice, immigration, and environmental justice. The Biden Administration’s Executive Orders have revoked a range of Trump Administration orders. The new Administration intends to prioritize a comprehensive set of rules aimed at advancing diversity and equity. For example, one Executive Order directed all agency heads to advance racial equity, while another Executive […]
- [US DEPARTMENT OF LABOR FINDS MIDWEST TRAILER SALES COMPANY FAILED TO ENSURE WORKERS FOLLOWED MEASURES TO PREVENT COVID-19 SPREAD](https://helpdesksuites.com/2021/10/22/us-department-of-labor-finds-midwest-trailer-sales-company-failed-to-ensure-workers-followed-measures-to-prevent-covid-19-spread/):   Twelve of 38 Amston Trailer Sales’ workers tested positive in a month; one worker died   Responding to a complaint alleging coronavirus hazards, federal workplace safety and health inspectors found a Caledonia company failed to protect workers from the virus’ dangers.   The U.S. Department of Labor’s Occupational Safety and Health Administration inspected the facility on May 18 and found that a 49-year-old dispatcher died from the virus on April 27 and that 11 out of 38 employees of Amston Supply Inc. tested positive for COVID-19 from April 12 to May 18. The dispatcher worked for the company approximately a month when […]
- [EEOC: The Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking](https://helpdesksuites.com/2021/10/20/eeoc-the-application-of-title-vii-and-the-ada-to-applicants-or-employees-who-experience-domestic-or-dating-violence-sexual-assault-or-stalking/):     Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination based on race, color, sex, religion, or national origin, and the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability.[1]   Because these federal EEO laws do not prohibit discrimination against applicants or employees who experience domestic or dating violence, sexual assault, or stalking as such,[2] potential employment discrimination and retaliation against these individuals may be overlooked.   The examples provided below illustrate how Title VII and the ADA may apply to employment situations involving applicants and employees who experience domestic or dating violence, […]
- [BREAKING NEWS: California Governor Newsome Signs a Slew of Bills Into Law](https://helpdesksuites.com/2021/10/20/breaking-news-california-governor-newsome-signs-a-slew-of-bills-into-law/): Hey Compliance Warriors!   Recently, Governor Gavin Newsom signed a slew of bills into law. These laws will impact employers of all sizes and industries. I have provided a summarized version of the most important laws below. This information is taken from https://calemploymentlawupdate.proskauer.com/2021/10/governor-newsom-signs-a-slew-of-new-employment-laws-for-2022/   Arbitration Arbitration fees will now need to be paid upon receipt of invoice unless the arbitration agreement expressly establishes a payment schedule. The new law is meant to prevent employers from causing delay in arbitration proceedings by failing to timely pay fees or asking for extensions, unless all parties agree. The new law also provides that any time […]
- [US Department of Labor Pursues Employers for Wage and Hour Violations](https://helpdesksuites.com/2021/10/19/us-department-of-labor-pursues-employers-for-wage-and-hour-violations/):   Investigation in Puerto Rico recovers $106K in overtime wages for 136 security guards misclassified as independent contractors GUAYNABO, PR – A U.S. Department of Labor Wage and Hour Division investigation has found a Puerto Rico-based security services company misclassified 136 of its employees as independent contractors, denying them overtime pay required under the federal Fair Labor Standards Act. Investigation recovers $97K in back wages for 137 restaurant workers whose employer improperly failed to pay for missed or partial ‘meal breaks’ HONOLULU – Some restaurant industry employers disregard federal wage and hours requirements recklessly making it harder for vulnerable, low-wage workers to earn a living and […]
- [EEOC Sues Christopher’s Dodge Ram for Sexual and Racial Harassment, Retaliation](https://helpdesksuites.com/2021/10/19/eeoc-sues-christophers-dodge-ram-for-sexual-and-racial-harassment-retaliation/):   Golden Dealership Subjected Female, Male, Black and Latinx Employees to Maltreatment, Including Physical Abuse, Federal Agency Charges   Chris the Crazy Trader, Inc., doing business as Christopher’s Dodge Ram in Golden, Colorado, violated federal law by subjecting female and male employees to sexually hostile work environments and subjecting Black/African and Latinx/Hispanic employees to a racially hostile work environment, among other unlawful discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed Sept. 30, 2021.   According to the EEOC’s lawsuit, Christopher’s Dodge Ram employees and managers called female employees by obscene epithets and even touched them inappropriately. […]
- [BREAKING NEWS: EEOC Updates COVID-19 Vaccination Guidance](https://helpdesksuites.com/2021/10/18/breaking-news-eeoc-updates-covid-19-vaccination-guidance/): Hey Compliance Warriors!   On October 13th, the EEOC updated its COVID-19 vaccination-related guidance for employers. It total, there were 9 updates/edits made to the guidance. Here is the link to the full guidance.  https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws    Let’s take a look at the specifics.   K.1.  Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated against COVID-19?    (Updated 10/13/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be fully vaccinated against COVID-19, subject to the reasonable accommodation provisions of Title […]
- [SPROUTS FARMERS MARKET TO PAY $280,0000 TO SETTLE EEOC DISABILITY DISCRIMINATION SUITS](https://helpdesksuites.com/2021/10/15/sprouts-farmers-market-to-pay-2800000-to-settle-eeoc-disability-discrimination-suits/):   Grocery Store Chain Settles Claims of Discrimination Based on Failure to Hire Deaf Applicants, Federal Agency Charged SFM, LLC, doing business as Sprouts Farmers Market — which operates grocery stores in Colorado and other states — will pay $280,000 to three Deaf injured parties and provide other significant relief to settle lawsuits filed by the U.S. Equal Employment Opportunity Commission (EEOC) and Raymond Clark, the federal agency announced today. The lawsuits charged that Sprouts denied employment to applicants because of their disabilities and that Sprouts denied them reasonable accommodation in the application and hiring process.           […]
- [US Department of Labor sues Austin luxury car dealer that retaliated against employee who raised concerns of coronavirus hazards](https://helpdesksuites.com/2021/10/14/us-department-of-labor-sues-austin-luxury-car-dealer-that-retaliated-against-employee-who-raised-concerns-of-coronavirus-hazards/):   Hi Tech Motorcars LLC terminated an employee for warning managers and coworkers about a COVID exposure   The U.S. Department of Labor has filed suit against an Austin luxury car dealer for terminating an employee who warned managers and other co-workers about potential coronavirus hazards in the workplace.   The action follows an investigation by the department’s Occupational Safety and Health Administration that found Hi Tech Motorcars LLC, Hi Tech Imports LLC and Hi Tech Luxury Imports LLC violated the Occupational Safety and Health Act when it retaliated against the worker in December 2020.   After learning a co-worker had tested positive for coronavirus, […]
- [US Department of Labor proposes $83K in fines to healthcare facility for failing to protect workers from coronavirus hazards](https://helpdesksuites.com/2021/10/14/us-department-of-labor-proposes-83k-in-fines-to-healthcare-facility-for-failing-to-protect-workers-from-coronavirus-hazards/):   Follow-up inspection results in respiratory protection violations, lack of hazard assessment   A Bloomingdale, IL nursing facility failed to protect employees and temporary staff from possible coronavirus hazards a year after an employee died of the disease.   The U.S. Department of Labor’s Occupational Safety and Health Administration initiated a follow-up inspection at West Suburban Nursing and Rehabilitation Center LLC on July 28, 2021, under the National Emphasis Program for Coronavirus Disease 2019 and the Emergency Temporary Standard for Healthcare. The agency cited one repeat and five serious health violations and proposed $83,675 in penalties. In June 2020, an employee died after exposure to coronavirus.   […]
- [EEOC Sues Rover’s Place for Harassing an Opioid Addict in Recovery](https://helpdesksuites.com/2021/10/12/eeoc-sues-rovers-place-for-harassing-an-opioid-addict-in-recovery/): Dog Kennel Company Subjected a Recovering Opioid Addict to Hostile Work Environment, Federal Agency Charges   A dog kennel company in suburban Chicago, Rover’s Place, violated civil rights law when it subjected an employee to a hostile work environment, inquired into his medical history, and forced him to quit his job because of his opioid addiction disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed in Illinois yesterday.   According to the EEOC’s lawsuit, the employee worked without incident at the kennel company until one of the owner’s learned of his past drug use. The owner then […]
- [EEOC Sues Dollar General for Age Harassment, Discrimination and Retaliation](https://helpdesksuites.com/2021/10/12/eeoc-sues-dollar-general-for-age-harassment-discrimination-and-retaliation/): Regional Director Called Subordinates “Grumpy Old Men” and Wanted a “Millennial Team”, Agency Alleges   Oh, Dollar General. Will you never learn?!   Nationwide retailer Dolgencorp, LLC, which does business as Dollar General, violated federal law by allowing a regional director to harass subordinate district managers based on their age and then fire those who complained about it, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.   According to the lawsuit, from July 2016 until January 2018, a Dollar General regional director in Oklahoma harassed district managers who were in their 50s and older by calling […]
- [Automatic Deduction for Meal Period Violated FLSA](https://helpdesksuites.com/2021/10/12/automatic-deduction-for-meal-period-violated-flsa/):   The 11th Circuit recently affirmed a lower court decision that an employer violated the FLSA with a policy requiring an automatic 1-hour deduction for a meal period. Many employers across the nation have implemented this sort of policy against advice from most employment law attorneys. So, this is a good time to review your company policies to be sure you are following the law as closely as possible.   Check out the comments made by Circuit Judge Kevin C. Newsom: This is an unusual case. It presents a seemingly straightforward question: Under the Fair Labor Standards Act, may an employer […]
- [Colorado Supreme Court Overrides Company Handbook Regarding Vacation Pay](https://helpdesksuites.com/2021/10/12/colorado-supreme-court-overrides-company-handbook-regarding-vacation-pay/): Attorney Harrison Oldham   Earlier this year, the Colorado Supreme Court provided an answer to the long-standing question of whether “use-it-or-lose-it” vacation policies are permissible under the Colorado Wage Claim Act (“CWCA”).  In the case of Nieto v.  Clark’s Market, the Colorado Supreme Court held that an employer may not require an employee to forfeit vacation pay upon the termination of the employment relationship, and any agreement purporting to do so is void.   The Nieto case now offers excellent guidance to employers not only in Colorado, but nationally on the importance of managing and dispersing employee unused vacation pay.  Employers […]
- [FREE Webinar: Employment Law Update Q4 2021](https://helpdesksuites.com/2021/10/11/free-webinar-employment-law-update-q4-2021/): Hey HR Pros! We have now entered the 4th Quarter of 2021 and it’s time to talk about the employment laws we will be dealing with as we wind up this year and enter 2022. Join me, Lisa Smith, SPHR, SPC, as my team and I spend 60-minutes discussing the top HR issues we will be dealing with as we move through the rest of this year. Our topics will include: COVID-19 Vaccination Mandates Health Insurance Premium Discounts for Vaccinated Workers Reasonable Accommodations for Religious and ADA Exemptions Interactive Process Basics Sick Employees in a World Without Tax Credits for Paid Leave COVID and FMLA […]
- [Case of FMLA Interference and ADA Discrimination Goes South When Employee Fails to Prove Employer Fault](https://helpdesksuites.com/2021/10/08/case-of-fmla-interference-and-ada-discrimination-goes-south-when-employee-fails-to-prove-employer-fault/):   Lachelle Watson was terminated from her position with Drexel University due to what Drexel considered to be unapproved absences. Those absences were related to a chronic medical condition of Watson’s. She sued Drexel for interference with her rights under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., for failure to reinstate her under the FMLA, id., and for failure to accommodate her needs as required by the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the Pennsylvania Human Relations Act (“PHRA”), 43 Pa. Cons. Stat. § 951 et seq. The District […]
- [BREAKING NEWS: Feds Provide Guidance on Health Insurance Premium Discounts for Vaccinated Individuals](https://helpdesksuites.com/2021/10/07/breaking-news-feds-provide-guidance-on-health-insurance-premium-discounts-for-vaccinated-individuals/): Hey Compliance Warriors!   On October 4th, the DOL  and 2 other federal agencies issued an FAQ addressing the legality of reducing premiums for vaccinated individuals. The guidance says a group health plan may offer COVID-19 vaccinated participants a premium discount if the discount complies with federal wellness program regulations. Among other requirements, the reward can’t exceed 30% of the cost of employee-only coverage and employers will likely need to offer an alternative to vaccination.   Here is the full FAQ. https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/faqs/aca-part-50.pdf   Here is a snippet of the FAQ:   May a group health plan (or health insurance issuer offering […]
- [US DEPARTMENT OF LABOR CITES INSURANCE AGENCY FOR EXPOSING WORKERS TO CORONAVIRUS AT DENVER LOCATION WHERE EMPLOYEE DIED WITH COVID-19](https://helpdesksuites.com/2021/10/07/us-department-of-labor-cites-insurance-agency-for-exposing-workers-to-coronavirus-at-denver-location-where-employee-died-with-covid-19/): Fred Loya Insurance Agency Inc. failed to implement COVID-19 protections   A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.   In response to a complaint of unsafe working conditions and the employee’s death, the U.S. Department of Labor’s Occupational Safety and Health Administration initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. […]
- [BREAKING NEWS: Feds Issue Mandatory Vaccine Guidance for Federal Employees](https://helpdesksuites.com/2021/10/05/breaking-news-feds-issue-mandatory-vaccine-guidance-for-federal-employees/): Hey Compliance Warriors!   The guidance for mandatory vaccination of federal employees (not contractors) was issued on Monday, October 4th, 2021. We are still awaiting the OSHA guidance for private sector employers with 100+ employees. https://chcoc.gov/sites/default/files/Enforcement-Guidance-FAQs.pdf CNN reports say: An OPM memo issued Friday sets November 9 as the first day that agencies can start taking disciplinary actions for federal employees who still refuse to get vaccinated without a legal exception. Agencies are advised to begin the process with a five-day period of counseling and education and allow employees to prove they’ve initiated the vaccination process or request an exception. If the employee […]
- [BREAKING NEWS: Long COVID is a Disability Under the ADA. Read the Guidance Here.](https://helpdesksuites.com/2021/10/05/breaking-news-long-covid-is-a-disability-under-the-ada-read-the-guidance-here/): Hey Compliance Warriors!   Although many people with COVID-19 get better within weeks, some people continue to experience symptoms that can last months after first being infected, or may have new or recurring symptoms at a later time.1   This can happen to anyone who has had COVID19, even if the initial illness was mild. People with this condition are sometimes called “long-haulers.” This condition is known as “long COVID.”2   In light of the rise of long COVID as a persistent and significant health issue, the Office for Civil Rights of the Department of Health and Human Services and the […]
- [EEOC Files First COVID-19 Remote Work Discrimination Lawsuit](https://helpdesksuites.com/2021/10/05/eeoc-files-first-covid-19-remote-work-discrimination-lawsuit/): Attorney Harrison Oldham As we all know, the COVID-19 changed many parts of our lives, which obviously includes our work lives.  One of the most significant changes was the explosion of remote work in many segments of the economy.  Now, as employers are returning employees to office work, some employees who historically worked on-site have requested continued work from home as an accommodation under the Americans with Disabilities Act (“ADA”).   On September 7, 2021, the U.S.  Equal Employment Opportunity Commission (“EEOC”) brought its first lawsuit in connection with such a request.  The EEOC filed its complaint in Atlanta, Georgia, alleging […]
- [H.R. Questions: The ARPA COVID Paid Leave Tax Credits Have Expired. Now What?](https://helpdesksuites.com/2021/10/05/h-r-questions-the-arpa-covid-paid-leave-tax-credits-have-expired-now-what/): Great question! On September 30th, 2021 the tax credits expired for employers who have been voluntarily providing paid leave to employees who have required time off due to one of the many COVID-19 related reasons under ARPA. To date, there has been no extension and no conversation about an extension. If we do get an update from DOL, IRS, or the White House, I will update this post.   Until then, it’s business as usual. Sick pay, unpaid leave, FMLA, or any other leave that you may be required to provide by the law of your state for COVID-related illnesses. I […]
- [Massachusetts Extends COVID-19 Emergency Paid Leave Law](https://helpdesksuites.com/2021/10/05/massachusetts-extends-covid-19-emergency-paid-leave-law/): Hey Compliance Warriors! On September 29, 2021, Massachusetts Governor Charlie Baker signed an extension of the Massachusetts COVID-19 Emergency Paid Sick Leave Law, which was set to expire September 30, 2021, and expanded slightly the reasons for which employees can use leave. A more detailed description of the law can be found here.   The law, which went into effect May 28, 2021, created a new sick leave entitlement for employees who are, or whose family members are, affected by COVID-19. In addition, the law established a $75 million fund for certain employers to seek reimbursement for paid leave provided to employees. The […]
- [Time Running Out For Non-Compete Agreements in D.C.](https://helpdesksuites.com/2021/09/28/time-running-out-for-non-compete-agreements-in-d-c/): Attorney Harrison Oldham In April 2021, the District of Columbia passed what may perhaps be the broadest ban on non-compete provisions in employment agreements in the United States.  As of now, the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), goes into effect on April 1, 2022, and absent any change to the pending law, will nearly abolish non-compete restrictions in D.C.   If the Act is enacted without change, it will broadly bind any “employer,” defined to mean any individual, corporation, partnership, general contractor, subcontractor, association, corporation, or business trust operating in D.C., excluding the United States and […]
- [DOL Issues Heavy Fines to Small Businesses for FLSA Violations](https://helpdesksuites.com/2021/09/28/dol-issues-heavy-fines-to-small-businesses-for-flsa-violations-2/): Hey Compliance Warriors! Today the US Department of Labor, Wage and Hour Division published a new resource for stakeholders in the construction contracting community: the Davis-Bacon Wage Determination Conformance Request Guide.   The Wage and Hour Division Davis-Bacon Wage Determination Conformance Request Guide details the information and construction types contained in wage determinations and provides additional clarity regarding the limited circumstances in which contractors and contracting agencies may need to request a new class of laborer or mechanic be added to a published wage determination for a specific contract. The Guide also contains other useful resources to help construction contractors and contracting […]
- [BREAKING NEWS: Vaccination Deadline for Federal Contractors is December 8th, 2021](https://helpdesksuites.com/2021/09/24/breaking-news-vaccination-deadline-for-federal-contractors-is-december-8th-2021/): Hey Compliance Warriors!   The federal guidance for vaccinating employees of government contractors has been issued.   Here is a snippet of the guidance.   Covered contractors must ensure that all covered contractor employees are fully vaccinated for COVID-19, unless the employee is legally entitled to an accommodation. Covered contractor employees must be fully vaccinated no later than December 8, 2021. After that date, all covered contractor employees must be fully vaccinated by the first day of the period of performance on a newly awarded covered contract, and by the first day of the period of performance on an exercised option […]
- [DOL Issues Heavy Fines to Small Businesses for FLSA Violations](https://helpdesksuites.com/2021/09/23/dol-issues-heavy-fines-to-small-businesses-for-flsa-violations/): Hey Compliance Warriors! Small employers often write me and say Big Boss is slacking off on compliance because “small employers aren’t on the radar”.  Is that the attitude in your workplace? This week the Department of Labor published cases of small employers in various states who were fined heavily for various wage and hour compliance issues. Here are a few examples: California car wash operator intentionally failed to pay overtime, must pay $62K in back wages, damages to remedy federal violationsWEST COVINA, CA – The U.S. Department of Labor has ordered a Colton car wash to pay 15 workers more than $62,000 […]
- [U.S Department of Labor Announces Tips CMP Final Rule](https://helpdesksuites.com/2021/09/23/u-s-department-of-labor-announces-tips-cmp-final-rule/): Hey Compliance Warriors! On September 23, 2021, the U.S Department of Labor announced publication of a final rule (Tips CMP final rule).  Consistent with the Consolidated Appropriations Act of 2018, the final rule restores the department’s ability to assess civil money penalties (CMPs) of up to $1,100 per violation against employers who take tips earned by their employees, regardless of whether those violations are repeated or willful. The revision further aligns the Department’s regulations with applicable precedent and how the department actually litigates willfulness and provides improved guidance on circumstances where employers’ conduct may be willful.   Additionally, the final rule modifies regulatory provisions adopted in […]
- [Is This the End of Day Rates?](https://helpdesksuites.com/2021/09/22/is-this-the-end-of-day-rates/): Attorney Harrison Oldham On Sept. 9, 2021, the en banc U.S. Court of Appeals for the Fifth Circuit, affirmed a decision that will impact payment practices in the oil industry, as well as many other industries, in Texas, Louisiana, Mississippi, and beyond.  The U.S. Court of Appeals sitting en banc (which means it was a session where the case was heard before all the judges of a court rather than by one judge or a panel of judges), reconsidered a 2020 opinion in Hewitt v. Helix Energy Solutions Group, Inc.  In its majority opinion, 12 of the 18 judges held that […]
- [Cal/OSHA Issues Initial Draft Language for Proposed Permanent COVID-19 Regulations](https://helpdesksuites.com/2021/09/22/cal-osha-issues-initial-draft-language-for-proposed-permanent-covid-19-regulations/): Hey Compliance Warriors!   Cal/OSHA has issued some draft language for the updated ETS which will fall in line with the much anticipated OSHA ETS ordered by President Biden. Below, I have provided an article by 5 attorneys at Littler.com. This article explains the California draft and give employers a few things to consider.  Read on…   By Krystal Weaver, Eric Compere, Melissa Peters, Alka Ramchandani-Raj and David Dixon https://www.littler.com/publication-press/publication/calosha-issues-initial-draft-language-proposed-permanent-covid-19 On September 17, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) released for discussion initial draft text for proposed permanent COVID-19 regulations, which if adopted would be subject to […]
- [BREAKING NEWS: US Department of Labor Announces Extension of Effective Date of Joint Employer Rule](https://helpdesksuites.com/2021/09/21/breaking-news-us-department-of-labor-announces-extension-of-effective-date-of-joint-employer-rule/): The U.S. Department of Labor today announced an extension of the effective date of the rescission of the “Joint Employer Status Under the Fair Labor Standards Act” final rule, the Joint Employer Rule. The effective date of the Joint Employer Rule is October 5, 2021.   The rescinded rule included a description of joint employment contrary to statutory language and Congressional intent. The rule also failed to take into account the department’s prior joint employment guidance. The U.S. District Court for the Southern District of New York vacated most of the rule in 2020.   Under the FLSA, an employee can have […]
- [HR In Aggregate: State and Local Level Updates 9.21.2021](https://helpdesksuites.com/2021/09/21/hr-in-aggregate-state-and-local-level-updates-9-21-2021/): New Missouri Law Requires Employers to Provide Unpaid Leave & Other Accommodations for Victims of Domestic or Sexual Violence Effective August 28, 2021, Missouri employers with at least 20 Missouri employees must provide unpaid leave for employees who are victims of domestic or sexual violence (as defined by state statute) or have family or household members who are victims of such violence. Covered employers must also notify current employees of their right to leave under the law by October 27, 2021 (or upon commencement of employment for future employees). Learn More Virginia OSHA Issues Third Iteration of its Emergency COVID-19 Regulation On […]
- [H.R. Questions: My employee wants to take their meal break at the end of the 6th hour of work. Is this legally possible in California?](https://helpdesksuites.com/2021/09/16/h-r-questions-my-employee-wants-to-take-their-meal-break-at-the-end-of-the-6th-hour-of-work-is-this-legally-possible-in-california/): In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee in limited circumstances.   A meal break waiver is only allowed in very limited circumstances. If an employee’s shift is six hours or less, the meal period may be waived by mutual consent of the employer and […]
- [OSHA TO REQUIRE MANDATORY VACCINES OR WEEKLY TESTING FOR LARGE EMPLOYERS](https://helpdesksuites.com/2021/09/16/osha-to-require-mandatory-vaccines-or-weekly-testing-for-large-employers/): Attorney Harrison Oldham On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) is developing an Emergency Temporary Standard that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require unvaccinated workers to provide a negative COVID-19 test result at least once per week before coming to work.  Reportedly, the Emergency Temporary Standard will impact over 80 million workers in private sector businesses with 100+ employees.  You may read the announcement here: https://www.whitehouse.gov/covidplan/#vaccinate   In addition, the White House also announced that OSHA is […]
- [H.R. Questions: What is the proper procedure for employee reprimand?](https://helpdesksuites.com/2021/09/16/h-r-questions-what-is-the-proper-procedure-for-employee-reprimand/): Disciplinary actions or reprimands are unfortunately a part of the working world.  Like it or not, there will be times when it’s necessary to discipline an employee, whether for performance issues or behavioral issues.   There are many ways to handle disciplinary issues, but one of the most important aspects is that disciplines be handled in a uniform manner.  To achieve that goal, your organization should have a discipline process in place to address performance and behavioral issues and use those steps and processes to discipline an employee.  That disciplinary policy should probably begin with and be managed by your Human […]
- [IRS reminds business owners to correctly identify workers as employees or independent contractors](https://helpdesksuites.com/2021/09/15/irs-reminds-business-owners-to-correctly-identify-workers-as-employees-or-independent-contractors/): Hey Compliance Warriors!   During National Small Business Week, the Internal Revenue Service reminds business owners that it’s critical to correctly determine whether the individuals providing services are employees or independent contractors.   An employee is generally considered to be anyone who performs services, if the business can control what will be done and how it will be done. What matters is that the business has the right to control the details of how the worker’s services are performed. Independent contractors are normally people in an independent trade, business or profession in which they offer their services to the public. Doctors, […]
- [H.R. Questions: Can I get a religious exemption for a mandatory vaccine policy at work?](https://helpdesksuites.com/2021/09/14/h-r-questions-can-i-get-a-religious-exemption-for-a-mandatory-vaccine-policy-at-work/): Maybe. Generally, the law provides for religious exemptions or accommodations when a company policy crosses a “sincerely held belief”. The EEOC has commented on this in detail advising that the Interactive Process be used to determine what accommodation, if any, is available.  https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation    See Section K 1. here https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws   So, how does an employer know if an employee has an actual religious objection or is simply using this excuse to cover for a philosophical objection? The EEOC has identified four factors that can create doubt in an employer’s mind as to the sincerity of the employee’s belief. They include: Whether the employee […]
- [HR In Aggregate: State and Local Level Updates 9.15.2021](https://helpdesksuites.com/2021/09/14/hr-in-aggregate-state-and-local-level-updates-9-15-2021/): New York District Court Ruling May Provide Relief to Some Companies Facing Claims Over the Accessibility of Their Websites A recent trial court decision offers some encouragement for certain businesses facing the ongoing wave of litigation in which plaintiffs are asserting claims under Title III of the Americans with Disabilities Act (ADA) that companies have failed to make their websites sufficiently accessible to individuals with disabilities. In Winegard v. Newsday, a New York federal court held that a website, by itself, when not a “service” of a physical place of public accommodation, is not covered by the ADA. Learn More New York Designates COVID-19 as […]
- [How to Conduct Workplace Investigations – The Right Way!](https://helpdesksuites.com/2021/09/14/how-to-conduct-workplace-investigations-the-right-way/): Hey Bosses! Join me on September 21st, 2021 at 1:00 pm CST for a 90-minute breakdown of the steps you are required to take and the elements you are required to document when conducting a harassment or discrimination investigation in your workplace. During this Call we will answer the following questions: What conditions trigger an investigation? Are you the right person to conduct the investigation? How do I interview a complainant? How do I interview witnesses? How do I interview the accused? Will I need to review any records? How do I coordinate an investigation when one of the parties works […]
- [OSHA Press Briefing Provides Only a Few Answers to Burning questions](https://helpdesksuites.com/2021/09/13/osha-press-briefing-provides-only-a-few-answers-to-burning-questions/): Hey Compliance Warriors!   On July 9th, OSHA gave a few short comments to the press regarding the order President Biden has given to create another COVID – 19 ETS requiring employers with 100+ employees to mandate vaccines or require weekly testing of all unvaccinated employees.   Attorney Fiona Ong at Labor & Employment Report provided these key points from the OSHA briefing.   When Will the ETS Be Issued? In the “coming weeks,” but they’re not sure how many weeks… New Bank of Paid Vaccination Leave? Not necessarily. Employers can either provide additional leave or use existing paid time off to cover this requirement. […]
- [Restaurant Fired and Refused to Rehire a Worker Because She Was Pregnant Says EEOC](https://helpdesksuites.com/2021/09/10/restaurant-fired-and-refused-to-rehire-a-worker-because-she-was-pregnant-says-eeoc/): Bourne’s House, LLC, doing business as Bourne’s House Restaurant, violated federal law when it fired and then later refused to rehire a worker because she was pregnant, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed September 8, 2021.   According to the EEOC’s lawsuit, a manager at the company’s Franklinton, Louisiana, restaurant fired the newly-hired worker after sending her a social media message saying, “I’m not gonna be able to hire you. I didn’t realize that you were expecting a baby.” When the worker reapplied for work several months later, Bourne’s House wrote “pregnant” on her application […]
- [EEOC Sues Hampton Inn Owners for Racial Harassment of Caucasian Employees](https://helpdesksuites.com/2021/09/09/eeoc-sues-hampton-inn-owners-for-racial-harassment-of-caucasian-employees/): Employer Allowed Black Housekeeper to Racially Harass White Coworkers, Federal Agency Charges   T.M.F. Mooresville, LLC, operating as Hampton Inn & Suites in Mooresville, North Carolina, subjected white housekeeping employees to harassment and a hostile work environment based on their race, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed today.   According to the EEOC’s complaint, from at least April 2017 through approximately October 2018, an African American housekeeper employed by the company created a racially hostile work environment for Caucasian housekeeping employees, including Rhonda Kendrick, Jennifer Sipes and Candice Sanders. An African American housekeeper referred to […]
- [H.R. Questions: My employee refuses to wear a mask or a face shield due to a medical condition. What can we do to protect them and the rest of the staff?](https://helpdesksuites.com/2021/09/09/h-r-questions-my-employee-refuses-to-wear-a-mask-or-a-face-shield-due-to-a-medical-condition-what-can-we-do-to-protect-them-and-the-rest-of-the-staff/): Here is what the CDC says about face shields.  https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover-guidance.html   CDC does not recommend using face shields or goggles as a substitute for masks. Goggles or other eye protection may be used in addition to a mask. Do NOT put a plastic face shield (or a mask) on newborns or infants.   Face shields and goggles are primarily used to protect the eyes of the person wearing it. Goggles do not cover the nose and mouth. Face shields are not as effective at protecting you or the people around you from respiratory droplets. Face shields have large gaps below and alongside the face, […]
- [BREAKING NEWS: President Biden Announced Federal Vaccine Mandates that Will Affect Roughly Two-Thirds of the American Workforce](https://helpdesksuites.com/2021/09/09/breaking-news-president-biden-announced-federal-vaccine-mandates-that-will-affect-roughly-two-thirds-of-the-american-workforce/): This afternoon, President Biden announced that federal workers and contractors will be required to be vaccinated for COVID-19, eliminating an option for unvaccinated workers to be regularly tested instead. https://www.whitehouse.gov/briefing-room/presidential-actions/2021/09/09/executive-order-on-ensuring-adequate-covid-safety-protocols-for-federal-contractors/   President Biden also said that the Department of Labor is preparing to mandate that all businesses with 100 or more workers require their employees to either get vaccinated against the coronavirus or face mandatory weekly testing. The Occupational Safety and Health Administration is drafting an emergency temporary standard to implement the requirement, according to the White House.   President Biden used the full force of his presidency to get two-thirds of the American […]
- [EEOC Sues Applebee’s Franchisee for Sexual Orientation and Race Discrimination, Retaliation and Constructive Discharge](https://helpdesksuites.com/2021/09/08/eeoc-sues-applebees-franchisee-for-sexual-orientation-and-race-discrimination-retaliation-and-constructive-discharge/): Employer Permitted Racist and Homophobic Slurs, and Cut Hours of Employee Who Complained, Federal Agency Charges Neighborhood Restaurant Partners Florida, LLC, doing business as Applebee’s, violated federal law by subjecting an employee to race and sexual orientation discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. The EEOC charges that the Plant City, Fla., Applebee’s subjected a Black line cook to a hostile work environment based on his sexual orientation and race and retaliated against him for complaining, leading to his being forced out from his job.   According to the EEOC’s lawsuit, the employee’s workplace […]
- [THE NEW YORK HERO ACT](https://helpdesksuites.com/2021/09/08/the-new-york-hero-act/): Attorney Harrison Oldham Earlier this year, New York Governor Andrew Cuomo signed into law the New York Health and Essential Rights Act (“HERO Act” or the “Act”). The HERO Act requires employers to implement safety standards to prevent occupational exposure to an airborne infectious disease. The HERO Act aims to reduce workplace transmission and community spread through enforceable health and safety standards.  Certain provisions of the Act went into effect on June 4, 2021.   Who is Covered? The HERO Act covers all private-sector employers in New York State. “Employees” covered by the HERO Act include any person providing labor or […]
- [Justice Department Settles with Large Health Care Organization to Resolve Software-Based Immigration-Related Discrimination Claims](https://helpdesksuites.com/2021/09/08/justice-department-settles-with-large-health-care-organization-to-resolve-software-based-immigration-related-discrimination-claims/): The Department of Justice announced on, August 25th, that it reached a settlement with Ascension Health Alliance (Ascension), a Missouri-based health care organization with more than 2,600 sites – including 146 hospitals and more than 40 senior living facilities – in 19 states and the District of Columbia.   The settlement resolves the department’s claims that Ascension violated the Immigration and Nationality Act (INA) when it discriminated against work-authorized non-U.S. citizens because of their citizenship status by requesting more or different documents than necessary when attempting to reverify their continued work authorization.   Based on its investigation, the department determined that Ascension […]
- [Fake COVID Vaccination Cards – How to Spot them](https://helpdesksuites.com/2021/09/07/fake-covid-vaccination-cards-how-to-spot-them/): As the vaccine debates rage on, many people have taken to the clandestine arts to solve their issues. Fake COVID vaccine cards have moved into the spotlight.   How do you know if a card has been faked?   Attorney Eric B. Meyer of https://www.theemployerhandbook.com/ has the following tips. If possible, inspect the actual card (as opposed to a screenshot). The card should not be thin paper or look like someone cut it with scissors. The card should not be fully printed; there should be some handwriting. Where there is print, check for misspellings. For Moderna and Pfizer, since it’s unlikely […]
- [BREAKING NEWS: USCIS Extends Evidence of Status for Conditional Permanent Residents to 24 Months with Pending Form I-751 or Form I-829](https://helpdesksuites.com/2021/09/05/breaking-news-uscis-extends-evidence-of-status-for-conditional-permanent-residents-to-24-months-with-pending-form-i-751-or-form-i-829/): Starting Sept. 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. We are making the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.   Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their […]
- [BREAKING NEWS: 2021-2022 Special Per Diem Rates](https://helpdesksuites.com/2021/09/05/breaking-news-2021-2022-special-per-diem-rates/): Notice 2021-52 announces the special per diem rates effective October 1, 2021, which taxpayers may use to substantiate the amount of expenses for lodging, meals, and incidental expenses when traveling away from home.   This notice provides the special transportation industry rate, the rate for the incidental expenses only deduction, and the rates and list of high-cost localities for purposes of the high-low substantiation method.  Notice 2021-52 also modifies Notice 2020-71, 2020-40 I.R.B. 786, to correct the portion of the year Sedona, Arizona is a high-cost locality under section 5 of Notice 2020-71.   Rev. Proc. 2019-48 provides the rules for using […]
- [California Judge Declares Proposition 22 Unconstitutional](https://helpdesksuites.com/2021/09/03/california-judge-declares-proposition-22-unconstitutional/): Attorney Harrison Oldham On August 20, 2021, a California judge ruled that California’s Proposition 22 was unconstitutional.  That means, at least for now, rideshare apps like Uber and Lyft will not be able to use Proposition 22 to shield themselves from liability for classifying their drivers as independent contractors rather than employees.   If you have not heard, this is not a new dispute.  The origins of the dispute about independent contractor versus employee status for these workers trace back to a 2018 California Supreme Court decision, which established the “ABC” test that is now utilized in many jurisdictions to distinguish […]
- [BREAKING NEWS: DHS Extends Form I-9 Requirement Flexibility (Effective September 1, 2021)](https://helpdesksuites.com/2021/09/01/breaking-news-dhs-extends-form-i-9-requirement-flexibility-effective-september-1-2021/): The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire August 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 requirement flexibility policy until December 31, 2021. See the original ICE news release from March 23, 2020 for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9. Please also consult ICE’s guidance for […]
- [Competing with Cannabis Cooker Causes Critical Court Case](https://helpdesksuites.com/2021/09/01/competing-with-cannabis-cooker-causes-critical-court-case/): By Marcus Mintz on August 27, 2021 Earlier this month, Plaintiff Bright Side, LLC dba Herbal Edibles, a manufacturer of cannabis edibles, filed a lawsuit in New Mexico state court to enforce a 3-year non-compete and enjoin the misappropriation of its trade secret cannabis recipes by one its former bakers, Christina Johnson.   Based on the complaint, Ms. Johnson had been employed by Herbal Edibles as a baker for less than one year when she was terminated. Ms. Johnson allegedly started her own competing business, selling cannabis edibles such as “psychedelic sugar cookies” through Instagram and an open air market.   According to […]
- [Court Rules Some USERRA Leave Must Be Paid](https://helpdesksuites.com/2021/09/01/court-rules-some-userra-leave-must-be-paid/): By Christina M. Seanor & Anne R. Yuengert on August 27, 2021 The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the Seventh Circuit’s similar holding in White v. United Airlines, Inc. In Travers v. Federal Express Corporation, Gerard Travers sued his employer, FedEx, under USERRA, alleging that the company wrongfully withheld paid leave benefits for leave he took as part of his Naval Reserve service. USERRA generally entitles employees taking military leave to the “other rights and benefits” that an employer gives to similarly situated […]
- [SURFSIDE BEACH RESTAURANT PAYS MORE THAN $75K IN BACK WAGES TO 10 WORKERS AFTER US DEPARTMENT OF LABOR FINDS EMPLOYER SHORTCHANGED TIPPED EMPLOYEES](https://helpdesksuites.com/2021/09/01/surfside-beach-restaurant-pays-more-than-75k-in-back-wages-to-10-workers-after-us-department-of-labor-finds-employer-shortchanged-tipped-employees/): Sarku Hibachi Grill & Buffet required servers to share tips with owner, manager illegally   Restaurant servers work hard and put their safety at risk throughout the pandemic. They depend on diners’ tips to earn a living wage, but 10 workers at a Surfside Beach restaurant found their wages reduced illegally by the establishment’s manager and owner who required servers to share tips with them.   A U.S. Department of Labor Wage and Hour Division investigation found Sarku Hibachi Surfside Beach Inc. – operating as Sarku Hibachi Grill & Buffet – required servers, who were paid an hourly wage of $3.00 or less, […]
- [NLRB General Counsel Announces New Initiatives](https://helpdesksuites.com/2021/08/30/nlrb-general-counsel-announces-new-initiatives/): Attorney Harrison Oldham On July 22, 2021, the National Labor Relations Board (“NLRB” or the “Board“) welcomed its new General Counsel, Jennifer Abruzzo.  Now, after only a couple of months, Abruzzo has issued her first memo, which serves as a map of the new General Counsel’s plans.  Overall, it’s very clear that Abruzzo intends to depart from the priorities of her predecessors who served under the Trump Administration, and to target cases and initiatives from the Trump Board that overruled the precedent from the Obama Board.   Before jumping into the memo, it’s important to note that the NLRB General Counsel […]
- [“Long” COVID Now Classified as a Disability under the ADA](https://helpdesksuites.com/2021/08/24/long-covid-now-classified-as-a-disability-under-the-ada/): Attorney Harrison Oldham In July 2021, the Department of Health and Human Services (“HHS”) and the Department of Justice (“DOJ”) jointly published “Guidance on ‘Long COVID’ as a Disability Under the ADA, Section 504, and Section 1557”, which may be found here: https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html.   In short, the Departments take the position that long COVID can qualify as a disability as defined under certain statutes. Specifically, the guidance explains that long COVID can be a disability under Titles II (state and local government) and III (public accommodations) of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 […]
- [US DEPARTMENT OF LABOR RECOVERS MORE THAN $235K IN BACK WAGES FOR 131 WORKERS OF GEORGIA HOME HEALTHCARE SERVICE](https://helpdesksuites.com/2021/08/24/us-department-of-labor-recovers-more-than-235k-in-back-wages-for-131-workers-of-georgia-home-healthcare-service/): Employees misclassified as independent contractors led to overtime violations Home care aides tend to the needs of people when they are most vulnerable, often putting their own health at risk. A U.S. Department of Labor investigation found that an Atlanta-area home care service failed to pay these essential workers the overtime they earned and are legally due.   The department’s Wage and Hour Division determined Able Mabel Assisted In-Home Care Services Inc. – operating as Able Mabel Home Care – misclassified home health care aides as independent contractors and failed to pay them overtime when they worked over 40 hours in a week, a violation of the Fair […]
- [US DEPARTMENT OF LABOR, INDUSTRY LEADERS, STAKEHOLDERS CALL ON EMPLOYERS, WORKERS TO COMBAT SURGE IN CONSTRUCTION WORKER SUICIDES](https://helpdesksuites.com/2021/08/24/us-department-of-labor-industry-leaders-stakeholders-call-on-employers-workers-to-combat-surge-in-construction-worker-suicides/): Safety stand-downs planned for Suicide Prevention Week, Sept. 6-10   While the hazards most often associated with workplace deaths in the U.S. construction industry – falling, being struck-by or crushed by equipment or other objects, or suffering electrocution are well-known – a recent study finds that another potential killer is taking lives at an alarming rate.   In 2020, the Centers for Disease Control and Prevention found that men working in construction have one of the highest suicide rates compared to other industries. Their rate of suicide is about four times higher than the general population.   While the CDC continues its research […]
- [H.R. Questions: Is an unlimited vacation policy satisfactory for state and local sick leave requirements or should it be an unlimited PTO policy?](https://helpdesksuites.com/2021/08/24/h-r-questions-is-an-unlimited-vacation-policy-satisfactory-for-state-and-local-sick-leave-requirements-or-should-it-be-an-unlimited-pto-policy/): Unlimited PTO is fine. Unlimited vacation will not normally satisfy state and local sick leave laws. So, PTO that is allowed for all sorts of reasons would be richer.   The Pros of Unlimited PTO There are many potential benefits to having an unlimited PTO policy. Unlimited PTO creates: A useful recruiting tool to attract job candidates An easier way to retain top talent Flexible policies around vacation that will foster trust and avoid burnout among employees Employees that are more likely to feel valued by their employer Higher morale and productivity Better employee health as sick employees will be more likely to stay home and take sick days, reducing the spread of illness in the office Financial benefits to […]
- [BREAKING NEWS: FDA Fully Approves Pfizer-BioNTech COVID-19 Vaccine a.k.a. Comirnaty](https://helpdesksuites.com/2021/08/23/breaking-news-fda-fully-approves-pfizer-biontech-covid-19-vaccine-a-k-a-comirnaty/): On August 23, 2021, the FDA approved the first COVID-19 vaccine. The vaccine has been known as the Pfizer-BioNTech COVID-19 Vaccine, and will now be marketed as Comirnaty, for the prevention of COVID-19 disease in individuals 16 years of age and older. The vaccine also continues to be available under emergency use authorization (EUA), including for individuals 12 through 15 years of age and for the administration of a third dose in certain immunocompromised individuals. https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/comirnaty-and-pfizer-biontech-covid-19-vaccine   What does this mean for vaccine mandates at work? The Biden administration has encouraged employers in this direction and said they will protect those employers […]
- [HR In Aggregate: State and Local Level Updates 8.17.2021](https://helpdesksuites.com/2021/08/17/hr-in-aggregate-state-and-local-level-updates-8-17-2021/): Connecticut Mandates Vaccination for Employees and Individuals Providing Direct Access Services to Patients or Residents of Long-term Care Facilities On August 6, 2021, Governor Lamont issued Executive Order No. 13B mandating vaccination of all employees working at long-term care (LTC) facilities throughout Connecticut. The order also covers all contracted service providers and volunteers that have direct physical access to patients or residents. The order is effective immediately and remains in effect through September 30, 2021 unless earlier modified or terminated. Learn More Puerto Rico Government Issues New Vaccination Requirements for Additional Business Sectors Given the recent increase in COVID-19 positivity rates in […]
- [BREAKING NEWS: OSHA Updates COVID-19 Masking Guidance](https://helpdesksuites.com/2021/08/16/breaking-news-osha-updates-covid-19-masking-guidance/): On Friday, OSHA updated its COVID-19 guidance to include the new recommendations for businesses regarding fully vaccinated employees. OSHA says: This evidence has led CDC to update recommendations for fully vaccinated people to reduce their risk of becoming infected with the Delta variant and potentially spreading it to others, including by: wearing a mask in public indoor settings in areas of substantial or high transmission; choosing to wear a mask regardless of level of transmission, particularly if individuals are at risk or have someone in their household who is at increased risk of severe disease or not fully vaccinated; and getting tested 3-5 days following a known exposure to […]
- [H.R. Questions: My employee does not want to list her personal cellphone number for the public to see but we require an pay a stipend for the use of personal phones. What can we do to mediate this dispute?](https://helpdesksuites.com/2021/08/16/h-r-questions-my-employee-does-not-want-to-list-her-personal-cellphone-number-for-the-public-to-see-but-we-require-an-pay-a-stipend-for-the-use-of-personal-phones-what-can-we-do-to-mediate-this-dis/): That’s a great question. I would advise that you put an office phone number on the door and then have her forward the calls to her cell. If she returns the call from her cell, the caller will see her cell # unless she uses an app to disguise the number – which is also a good idea. But, the general public will not have her personal number. If there is no number to forward, then get a Google phone # for her that she can post. It will forward to her cell. The Google # can be changed easily if needed. https://fitsmallbusiness.com/get-a-google-voice-number/ […]
- [H.R. Questions: Are Employers Required to Pay COVID-19 Leave Like We Did In 2020?](https://helpdesksuites.com/2021/08/10/h-r-questions-are-employers-required-to-pay-covid-19-leave-like-we-did-in-2020/): The FFCRA died on December 31, 2020. President Trump extended the tax credits for employers who chose to continue the paid leave through the end of March. Effective April 1st, President Biden signed ARPA into law.   ARPA requires that employers who plan to provide COVID pay between April and September reset the EPSL bank to 80 hours. So, if the worker used 80 hours from 2020, they are reset April 1st to 80 hours. If they used 40 hours in 2020 or early 2021, they are also reset to 80 hours.   Tax credits: https://www.irs.gov/newsroom/employer-tax-credits-for-employee-paid-leave-due-to-covid-19   Here is a great article from the […]
- [Municipal “Right To Recall” Laws Are Being Enacted Across the Country](https://helpdesksuites.com/2021/08/10/municipal-right-to-recall-laws-are-being-enacted-across-the-country/): UH OH, IT LOOKS LIKE YOU DON’T HAVE ACCESS TO THIS CONTENT! If you’re not yet a member of the HelpDeskforHR.com then you should definitely check that out here – you’ll get access to this content and oh so much more, including courses, resources, and a community of Compliance Warriors. If you are already a member then it looks like you’re not logged in, so just enter your details in the login form below or click here to login and access this content. Having problems logging in? Contact us! We will be happy to confirm your level of access.
- [HR In Aggregate: State and Local Level Updates](https://helpdesksuites.com/2021/08/10/hr-in-aggregate-state-and-local-level-updates/): Biden Announces Vaccine Requirements for Federal Employees, Contractors On July 29, 2021, President Joseph R. Biden announced new requirements for federal employees and onsite federal contractors regarding vaccination status, masking, and social distancing. While a formal executive order has not yet been published, the White House issued a fact sheet. Learn More Got the Green Light: New Puerto Rico Law Expands Employment Protections for Registered and Licensed Medical Cannabis Patients On July 29, 2021, Puerto Rico Governor Pedro Pierluisi signed into law Act No. 15-2021 (Act 15). Act 15 amends Act No. 42 of July 9, 2017, also known as the Act to […]
- [Treasury, IRS provide gross receipts safe harbor for employers claiming the Employee Retention Credit](https://helpdesksuites.com/2021/08/10/treasury-irs-provide-gross-receipts-safe-harbor-for-employers-claiming-the-employee-retention-credit/): The Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) today issued a safe harbor allowing employers to exclude certain items from their gross receipts solely for determining eligibility for the Employee Retention Credit (ERC).   Revenue Procedure 2021-33 provides a safe harbor permitting employers to exclude certain amounts from gross receipts solely for determining eligibility for the ERC. These amounts are: The amount of the forgiveness of a Paycheck Protection Program (PPP) Loan; Shuttered Venue Operators Grants under the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act; and Restaurant Revitalization Grants under the American Rescue Plan Act […]
- [H.R. Questions: CAN EMPLOYERS TERMINATE WORKERS WHO NEED MORE TIME AFTER FMLA ENDS? WHAT ABOUT THE ADA?](https://helpdesksuites.com/2021/08/06/h-r-questions-can-employers-terminate-workers-who-need-more-time-after-fmla-ends-what-about-the-ada/): Hey Compliance Warriors!   I get questions every week related to employees who cannot provide a return date after FMLA. How does the ADA step in on this sort of situation? Well, we have a new decision to help guide that answer. Via HRDive.com https://www.hrdive.com/news/no-ada-leave-for-worker-unable-to-provide-return-date-5th-cir-says/604517/   Dive Brief: A school’s registrar who exhausted her Family and Medical Leave Act entitlement and did not provide a return-to-work date was not due additional leave under the Americans with Disabilities Act, the 5th U.S. Circuit Court of Appeals held (Drake v. Spring Independent School District, No. 20-20376 (July 27, 2021)). Near the end of […]
- [Treasury, IRS provide additional guidance to employers claiming the employee retention credit, including for the third and fourth quarters of 2021](https://helpdesksuites.com/2021/08/04/treasury-irs-provide-additional-guidance-to-employers-claiming-the-employee-retention-credit-including-for-the-third-and-fourth-quarters-of-2021/): The Treasury Department and the Internal Revenue Service today issued further guidance on the employee retention credit, including guidance for employers who pay qualified wages after June 30, 2021, and before January 1, 2022, and additional guidance on miscellaneous issues that apply to the employee retention credit in both 2020 and 2021. Notice 2021-49 amplifies prior guidance regarding the employee retention credit provided in Notice 2021-20 and Notice 2021-23.   Notice 2021-49 addresses changes made by the American Rescue Plan Act of 2021 (ARP) to the employee retention credit that are applicable to the third and fourth quarters of 2021.   Those changes include, among […]
- [EEOC LAUNCHES DIVERSITY, EQUITY, & INCLUSION (DE&I) WORKSHOP SERIES  Federal Agency Announces Registration Open for Understanding Unconscious  Bias in the Workplace](https://helpdesksuites.com/2021/08/04/eeoc-launches-diversity-equity-inclusion-dei-workshop-series-federal-agency-announces-registration-open-for-understanding-unconscious-bias-in-the-workplace/): The U.S. Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing laws against employment discrimin­ation and harassment, announced today that the EEOC Training Institute is launching a diversity, equity, and inclusion (DE&I) workshop series, starting with “Understanding Unconscious Bias in the Workplace” on August 24.   This first workshop will discuss how bias happens in the workplace, the different types of biases, microaggressions, and provide best practices for employers to reduce unconscious bias in the workplace. It is geared toward attorneys, mediators, human resource personnel, union officials and equal employment opportunity (EEO) professionals in the private and public sectors, […]
- [HR In Aggregate: Top HR News](https://helpdesksuites.com/2021/08/02/hr-in-aggregate-top-hr-news-3/): Texas Adopts Expanded Protections for Employees Asserting Sexual Harassment Claims In a surprising move for what has historically been an extremely employer-friendly state, Texas Governor Greg Abbott recently signed two new bills (Senate Bill 45 and House Bill 21) that significantly expand the protections for employees who assert claims of sexual harassment under the Texas Labor Code. Both laws will become effective on September 1, 2021. These new laws include a number of significant changes for employers in Texas (related to sexual harassment claims), including a longer statute of limitations, a broader definition of who qualifies as an “employer,” the potential […]
- [What’s In a Name?  Well, Maybe Everything.](https://helpdesksuites.com/2021/08/02/whats-in-a-name-well-maybe-everything/): Attorney Harrison Oldham John Kluge, a former music and orchestra teacher at Brownsburg Community School Corporation (“BCSC”) filed a federal lawsuit alleging that he was discriminated against after he refused to address transgender students by their chosen first names.   BCSC hired Mr. Kluge hired in 2014 and for several years thereafter, he consistently received positive performance reviews. His students, he said, also received awards for their musical performances.  But trouble began in 2017 when BCSC decided to allow transgender students or those with gender dysphoria to change their names and genders in an online school database.   At the time, […]
- [Guidance on “Long COVID” as a Disability Under the ADA, Section 504, and Section 1557](https://helpdesksuites.com/2021/08/02/guidance-on-long-covid-as-a-disability-under-the-ada-section-504-and-section-1557/): Although many people with COVID-19 get better within weeks, some people continue to experience symptoms that can last months after first being infected, or may have new or recurring symptoms at a later time.1  This can happen to anyone who has had COVID-19, even if the initial illness was mild.  People with this condition are sometimes called “long-haulers.”  This condition is known as “long COVID.”2   In light of the rise of long COVID as a persistent and significant health issue, the Office for Civil Rights of the Department of Health and Human Services and the Civil Rights Division of the […]
- [Paid leave credit available for providing leave to employees caring for individuals obtaining or recovering from a COVID-19 immunization](https://helpdesksuites.com/2021/07/29/paid-leave-credit-available-for-providing-leave-to-employees-caring-for-individuals-obtaining-or-recovering-from-a-covid-19-immunization/): The IRS today updated frequently asked questions (FAQs) on the paid sick and family leave tax credits under the American Rescue Plan Act of 2021 (ARP). The updates clarify that eligible employers can claim the credits for providing leave to employees to accompany a family or household member or certain other individuals to obtain immunization relating to COVID-19 or to care for a family or household member or certain other individuals recovering from the immunization.   The paid sick and family leave credits reimburse eligible employers for the cost of providing paid sick and family leave for reasons related to COVID-19. The […]
- [DOL Issues Joint Employer Final Rule](https://helpdesksuites.com/2021/07/29/dol-issues-joint-employer-final-rule/): Hey Compliance Warriors!   The U.S. Department of Labor today announced a final rule to rescind an earlier rule, “Joint Employer Status under the Fair Labor Standards Act” that took effect in March 2020. By rescinding that rule, the Department will ensure more workers receive minimum wage and overtime protections of the Fair Labor Standards Act.   The rescinded rule included a description of joint employment contrary to statutory language and Congressional intent. The rule also failed to take into account the department’s prior joint employment guidance. The U.S. District Court for the Southern District of New York vacated most of the rule in […]
- [H.R. Questions: CAN EMPLOYERS LIMIT SALARY AND BENEFIT DISCUSSIONS AMONG EMPLOYEES](https://helpdesksuites.com/2021/07/28/h-r-questions-can-employers-limit-salary-and-benefit-discussions-among-employees/): Hey Compliance Warriors!   How many employers have a policy like the one below?   Confidentiality of Salary and Benefit Information Employees are prohibited from discussing their salary or wage levels and company benefits with other employees. Such information is confidential and may not be discussed in the workplace. Any employee violating this policy will be considered to have committed a breach of confidentiality and will be subject to disciplinary action, up to and possibly including termination of employment.   Look familiar? Chances are good that most companies have either a formal policy similar to the one above, or else have […]
- [CDC Updates the Interim Public Health Recommendations for Fully Vaccinated People](https://helpdesksuites.com/2021/07/27/cdc-updates-the-interim-public-health-recommendations-for-fully-vaccinated-people/): Hey Compliance Warriors!   On July 27th, the CDC updated its interim public health recommendations for fully vaccinated people.   Updated information for fully vaccinated people given new evidence on the B.1.617.2 (Delta) variant currently circulating in the United States. Added a recommendation for fully vaccinated people to wear a mask in public indoor settings in areas of substantial or high transmission. Added information that fully vaccinated people might choose to wear a mask regardless of the level of transmission, particularly if they are immunocompromised or at increased risk for severe disease from COVID-19, or if they have someone in their household who is […]
- [California Mandates Vaccination or Weekly Testing for All State and Healthcare Workers](https://helpdesksuites.com/2021/07/27/california-mandates-vaccination-or-weekly-testing-for-all-state-and-healthcare-workers/): Hey Compliance Warriors!   Yesterday, the State of California implemented a standard to require all state workers and workers in health care and high-risk congregate settings to either show proof of full vaccination or be tested at least once per week, and encourage all local government and other employers to adopt a similar protocol.  Read on for more details…   “We are now dealing with a pandemic of the unvaccinated, and it’s going to take renewed efforts to protect Californians from the dangerous Delta variant,” said Governor Gavin Newsom. “As the state’s largest employer, we are leading by example and requiring […]
- [NJ Supreme Court Holds a Supervisor’s Use Of A Racial Slur, On Two Occasions, Is Enough To Potentially Create a Hostile Work Environment](https://helpdesksuites.com/2021/07/23/nj-supreme-court-holds-a-supervisors-use-of-a-racial-slur-on-two-occasions-is-enough-to-potentially-create-a-hostile-work-environment/): Attorney Harrison Oldham On June 16, 2021, the New Jersey Supreme Court ruled in Rios v. Meda Pharmaceutical, Inc., Tina Cheng-Avery, Glenn Gnirrep, et. al. that a supervisor’s use of an offensive slur – on two occasions – was sufficiently “severe and pervasive” to establish a hostile work environment claim under the New Jersey Law Against Discrimination (“LAD“), survive summary judgment, and proceed to trial.   In Rios, Meda Pharmaceutical, Inc. (“Meda“) hired the plaintiff, Armando Rios, Jr., a Hispanic male, as the Company’s Director of Brand Marketing.  In his position, Rios reported directly to Tina Cheng-Avery, the Senior Director of […]
- [California Supreme Court Rules Meal and Break Premium Must Be Paid at the REGULAR RATE – Not BASE RATE](https://helpdesksuites.com/2021/07/21/california-supreme-court-rules-meal-and-break-premium-must-be-paid-at-the-regular-rate-not-base-rate-2/): Hey Compliance Warriors!   The U.S. Department of Labor today announced a Notice of Proposed Rulemaking to establish standards and procedures to implement and enforce Executive Order 14026, “Increasing the Minimum Wage for Federal Contractors,” signed by President Biden on April 27, 2021.   This Executive Order and its enacting regulations will:   Increase the minimum wage for workers performing work on or in connection with covered federal contracts to $15 per hour beginning Jan. 30, 2022. Continue to index the federal contract minimum wage in future years to an inflation measure. Eliminate the tipped minimum wage for federal contract workers by 2024. Ensure […]
- [HR In Aggregate: Top HR News](https://helpdesksuites.com/2021/07/20/hr-in-aggregate-top-hr-news-2/): Oregon OSHA Issues Temporary Heat Standard On July 8, 2021, Oregon’s Occupational Safety and Health Administration (Oregon OSHA) adopted emergency Heat Illness Prevention rules to establish workplace heat safety requirements that apply when temperatures in a work area reach or exceed 80 degrees Fahrenheit. The rules are effective immediately. Learn More   Washington Becomes Second State to Issue Emergency Heat Standard On July 9, 2021, Washington’s Department of Labor & Industries filed an emergency rule to increase protection for employees exposed to extreme heat at work. This includes employees working in agriculture, construction, and other outdoor industries. The new regulations took effect […]
- [California Supreme Court Rules Meal and Break Premium Must Be Paid at the REGULAR RATE – Not BASE RATE](https://helpdesksuites.com/2021/07/20/california-supreme-court-rules-meal-and-break-premium-must-be-paid-at-the-regular-rate-not-base-rate/): Hey Compliance Warriors!   The California Supreme Court issued a game-changing ruling last week regarding premium pay for meal and break periods. Check out this article by attorneys  Allan Bloom, Kate Gold, and Philippe A. Lebel from the Proskauer law firm in California.   On July 15, 2021, the California Supreme Court issued its decision in Ferra v. Loews Hollywood Hotel, LLC, in which it held that meal and rest break premiums required under California Labor Code section 226.7 (“Section 226.7”) must be paid at non-exempt employees’ regular rate of pay—not merely their base hourly rate.  The decision, which applies retroactively, requires that employers promptly adjust their […]
- [H.R. Questions: Is a 9/80 work schedule a good idea?](https://helpdesksuites.com/2021/07/20/h-r-questions-is-a-9-80-work-schedule-a-good-idea/): This is a good schedule for many companies. There are a few ways to get around overtime if you can manage the schedule. Some people do four 10 hour days. Others do four 9 hour days and one 4 hour day. Here is a great explanation https://www.fisherphillips.com/news-insights/wage-and-hour-laws-blog/what-is-a-9-80-pay-plan.html Here is an example of a 9/80 work schedule. The starting and ending days/times of each 7 day period are up to you. This is just an example. Workweek runs from Friday at 1 pm to Friday at 12 noon.   https://www.replicon.com/customer-zone2/kb-4483/ First Week Monday: 7-12 and 1-5 with an unpaid lunch break in-between (9 hours total) […]
- [H.R. Questions: My employer wants to implement a 4/10s work schedule. How would I develop a policy and procedure for this sort of workweek?](https://helpdesksuites.com/2021/07/20/h-r-questions-my-employer-wants-to-implement-a-4-10s-work-schedule-how-would-i-develop-a-policy-and-procedure-for-this-sort-of-workweek/): Here is a wonderful guide http://fwlbucket.s3-website-ap-southeast-1.amazonaws.com/assets/multimediams/media/TC_YFLEX2_RET_Imp-Guideline_CWW-v1.0.pdf   Here is some sample policy language: Alternative work schedules, including the compressed workweek, are consistent with [company name] efforts toward work/life balance.   A compressed workweek allows full-time employees to work longer days for part of the week or pay period, in exchange for shorter days or a day off each week or within the same pay period.  Compressed workweek schedules must be set (not varying from pay period to pay period), and may be any of the following [for a two week pay period]: Eight nine-hour days, one eight-hour day and one day off every pay […]
- [President Biden Urges FTC to Act Against Non-Competes](https://helpdesksuites.com/2021/07/19/president-biden-urges-ftc-to-act-against-non-competes/): Attorney Harrison Oldham Do you use non-compete agreements or clauses with your employees?   On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy (the “Order”), which directs the Federal Trade Commission (“FTC”) “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” in order to help promote competition and expand the economy. While the language in the Order refers to the “unfair” use of non-compete clauses, the associated Fact Sheet makes clear that “the President encourages the FTC to ban or limit non-compete agreements” altogether.   […]
- [Updated IRS Correction Principles and Changes to VCP Outlined in EPCRS Revenue Procedure 2021-30](https://helpdesksuites.com/2021/07/16/updated-irs-correction-principles-and-changes-to-vcp-outlined-in-epcrs-revenue-procedure-2021-30/): Hey Compliance Warriors!   Revenue Procedure 2021-30, issued today, adds two new benefit overpayment correction methods that encourage employers to avoid seeking recoupment of benefit overpayments made to participants and beneficiaries, either by not requiring correction if the plan satisfies a specified funding level, or by limiting the amount to be recouped under certain circumstances.   In addition, the revenue procedure eliminates the VCP anonymous submission procedure and adds an anonymous, no-fee, VCP pre-submission conference procedure.   The revenue procedure also expands correction by plan amendment under SCP, extends the end of the SCP correction period for significant failures by one […]
- [H.R. Questions: Can an employer round off time when an employee punches in early?](https://helpdesksuites.com/2021/07/16/h-r-questions-can-an-employer-round-off-time-when-an-employee-punches-in-early/): Many employers do not pay employees according to the exact number of hours and minutes they work, but rather utilize some sort of “rounding” or “roundoff” system whereby a certain interval is set that serves as the minimum block of time that will be recognized as a unit of time worked or not worked. Time missed or worked within that interval will not be deducted from or added to the time worked, whereas time missed or worked outside that interval will result in that interval being deducted from or added to the time worked. The regulations on this are found in subpart […]
- [H.R. Questions: Are ALL employers required to complete the I-9 or does the “fewer than 4 employees” rule apply?](https://helpdesksuites.com/2021/07/14/h-r-questions-are-all-employers-required-to-complete-the-i-9-or-does-the-fewer-than-4-employees-rule-apply/): The I-9 must be completed by ALL employers. The misunderstood limit of fewer than 4 employees comes from this part of the law.   Immigration Reform and Control Act of 1986 (IRCA) (national origin and U.S. citizenship discrimination) – 8 U.S.C. § 1324b(a)(2)(A): The prohibition on citizenship and national origin discrimination does not apply to “a person or other entity that employs three or fewer employees”. Thus, the discrimination provision in this law applies to any employer with four or more employees. There is no distinction between full- and part-time employees, and no distinction based upon how long the employees have worked for the company. The term […]
- [SBS Live: President Biden’s Stance on Non-Compete Agreements](https://helpdesksuites.com/2021/07/14/sbs-live-president-bidens-stance-on-non-compete-agreements/): President Biden has signed a new Executive Order that may spell the end for many non-compete agreements across the U.S. Join us as we discuss this very controversial topic.  You can catch up on other episodes in video form here. Audio:
- [HR In Aggregate: Top HR News](https://helpdesksuites.com/2021/07/13/hr-in-aggregate-top-hr-news/): Arizona Cities Expand Discrimination Protections Arizona recently expanded provisions of the Arizona Civil Rights Act (ACRA) to cover pregnancy and pregnancy-related conditions. Additionally, following a national trend in response to perceived state and federal inaction, cities in Arizona on their own passed new ordinances that expands protected categories and coverage. Learn More Maine’s Highest Court Finds Portland Hazard Pay Ordinance Constitutional, But Not Effective Until 2022 Employers in Portland, Maine received long-awaited clarity Tuesday regarding a November 2020 voter referendum raising the city’s minimum wage and instituting hazard pay during states of emergency such as the COVID-19 pandemic. On July 6, 2021, […]
- [President Biden Signs Executive Order to End Non-Compete Agreements](https://helpdesksuites.com/2021/07/13/president-biden-signs-executive-order-to-end-non-compete-agreements/): Hey Compliance Warriors!   On July 9, President Biden signed an executive order encouraging the Federal Trade Commission to ban or limit the use of non-compete agreements for private companies as well as the use of “unnecessary occupational licensing restrictions that impede economic mobility,” according to a White House fact sheet.   The provision is part of a directive to federal agencies that seeks to eliminate barriers to economic competition in a several of industries, including healthcare, transportation and internet service, among others. The White House said actions on non-competes would make it easier for workers to change jobs while raising […]
- [NLRB Addresses Whether a Non-Union Employee’s Social Media Post Were Protected](https://helpdesksuites.com/2021/07/13/nlrb-addresses-whether-a-non-union-employees-social-media-post-were-protected/): Attorney Harrison Oldham In a recent case, the National Labor Relations Board (“NLRB”) referred a Charge regarding an employee’s social media post to the Division of Advice.  The Division of Advice provides guidance to the NLRB’s Regional Offices regarding difficult and novel issues arising in the processing of unfair labor practice charges and coordinates litigation of injunction proceedings in federal court under the National Labor Relations Act (the “Act”).   Here, the case was submitted to the Division of Advice for help determining whether the Employer (a supermarket), terminated the Employee for engaging in “protected concerted activities” when the Employee directed […]
- [SBS Live: How do you know if your workplace is becoming toxic?](https://helpdesksuites.com/2021/07/09/sbs-live-how-do-you-know-if-your-workplace-is-becoming-toxic/): Today we will discuss early signs in management and other leadership roles that will send you an early alert to the looming issues ahead.  You can catch up on other episodes in video form here. Audio:
- [H.R. Questions: Can an employer mandate a COVID-19 vaccination for ALL employees?](https://helpdesksuites.com/2021/07/06/h-r-questions-can-an-employer-mandate-a-covid-19-vaccination-for-all-employees/): Under the ADA, may an employer require a COVID-19 vaccination for all employees entering the workplace, even though it knows that some employees may not get a vaccine because of a disability?    Yes, provided certain requirements are met.  Under the ADA, an employer may require an individual with a disability to meet a qualification standard applied to all employees, such as a safety-related standard requiring COVID-19 vaccination, if the standard is job-related and consistent with business necessity.  If a  particular employee cannot meet such a safety-related qualification standard because of a disability, the employer may not require compliance for that employee […]
- [LIVE HUMAN RESOURCES EXAM PREP BOOTCAMP JULY 17th, 2021 – PHR, SPHR, CP, SCP](https://helpdesksuites.com/2021/07/06/live-human-resources-exam-prep-bootcamp-july-17th-2021-phr-sphr-cp-scp/): OUR LIVE EXAM PREP BOOTCAMP STARTS IN 12 DAYS! Join Lisa Smith, SPHR, SCP on Saturday, July 17th, 2021 for a full-day Exam Prep Bootcamp. (9 am – 4 pm CST) The next 5 people to sign up with coupon code SUMMERCAMPSAVE50 will save an extra $50 on their purchase! Head to Andere PrepsU     Sign-up At Andere PrepsU During this 7-hour session you will learn: The 10-Keys to Passing Your Exam Must-Know Principles, Models, and Theories Essential Employment Laws Essential Case Law HR Math And SO MUCH more…     You will also receive: A 100-question practice exam with answer key Access to the replay […]
- [Boss Call: FMLA Refresher](https://helpdesksuites.com/2021/07/02/boss-call-fmla-refresher/): Boss Calls Succeed. Do H.R. Like a Boss     Wednesday, July 14th, 2021    1 – 2:30 pm CST FMLA REFRESHER Hey Bosses!   In this highly requested Call, we will review the FMLA and answer some of the most common questions. When can leave can be used? How do I calculate the actual number of hours the eligible employee is entitled to when using leave on an intermittent basis? Are elective surgeries eligible for FMLA protection? Can I terminate or lay off employees who are out on FMLA? How do I handle insurance premiums while they are out? and […]
- [Opposition Clause of Title VII Expanded to Include Regular Job Duties as Protected Activity](https://helpdesksuites.com/2021/07/02/opposition-clause-of-title-vii-expanded-to-include-regular-job-duties-as-protected-activity/): Attorney Harrison Oldham Most people know that “retaliation” is illegal under Title VII and similar laws, but not everyone understands some of the finer points of what “retaliation” really means.  Generally, according to the EEOC, a retaliation claim has three elements: (1) protected activity: “participation” in an EEO process or “opposition” to discrimination; (2) materially adverse action taken by the employer; and (3) requisite level of causal connection between the protected activity and the materially adverse action.   As such, the first question when analyzing a retaliation claim is whether the alleged retaliation occurred after activity that is protected by the […]
- [H.R. Questions: Can I ask a pregnant employee when they plan to take maternity leave?](https://helpdesksuites.com/2021/06/29/h-r-questions-can-i-ask-a-pregnant-employee-when-they-plan-to-take-maternity-leave/): Most guidance on this topic comes from the Pregnancy Discrimination Act (the “PDA”), which was passed in 1978 and includes pregnancy in the definition of sex discrimination under the Civil Rights Act of 1964, offering equal protection against discrimination to any employee who is pregnant. The PDA generally applies to employers with 15 or more employees. In my opinion, the PDA is one of the more misunderstood employment discrimination laws.  In short, the PDA forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave […]
- [Texas Legislative Update for Employers](https://helpdesksuites.com/2021/06/28/texas-legislative-update-for-employers/): Attorney Harrison Oldham The 87th Texas Legislative Session wrapped up on May 31, 2021, and unless a special session is called, the next session will not begin until January 10, 2023.  While there were several interesting and important bills that were passed or failed in the final minutes of the Session, in this article we are going to look at the two bills that most impact a workplace.  Specifically, Texas Senate Bills 968 and 45.   Texas Senate Bill 968. SB 968, also known as the “Anti-Vaccination Passport” Law, was signed into law by Governor Abbott on May 7, 2021.  SB […]
- [Are Electronic Signatures Legal in Texas?](https://helpdesksuites.com/2021/06/28/are-electronic-signatures-legal-in-texas/): Attorney Harrison Oldham As everyone knows, contracts  are  increasingly  signed  electronically,  with an  online  click  for  every  kind  of  transaction  imaginable—from  simple,  everyday  retail  purchases  to extraordinarily complex  matters. In Texas, the question of whether an electronically signed contract is enforceable is decided under the Texas Uniform Electronic Transactions Act (the “Act”), which was recently the subject of a decision from the Supreme Court of Texas, in Aerotek, Inc. v. Lerone Boyd, et. al.   Aerotek (the “Employer”) hires employees globally by the hundreds of thousands to work as contractors for client companies. To keep hiring efficient, the Employer worked with […]
- [US DEPARTMENT OF LABOR INVESTIGATION FINDS $37K IN BACK OVERTIME WAGES, DAMAGES FOR 34 EMPLOYEES AT 18 INDIANA CREDIT UNION LOCATIONS](https://helpdesksuites.com/2022/03/09/us-department-of-labor-investigation-finds-37k-in-back-overtime-wages-damages-for-34-employees-at-18-indiana-credit-union-locations/):   Interra Credit Union miscalculated employee’s overtime wage rates   At 18 locations across Indiana, a Goshen-based credit union failed to pay 34 mortgage loan advisors and mortgage loan originators the full overtime wages they were due.   An investigation by the U.S. Department of Labor’s Wage and Hour Division found that Interra Credit Union failed to include certain bonuses and commissions into the calculations of overtime pay for the affected employees. In doing so, Interra violated the overtime requirements of the Fair Labor Standards Act.   The mortgage loan advisors and mortgage loan originators received a salary plus commissions. However, they did not […]
- [COURT ORDERS AKRON PROMOTIONAL PRODUCTS COMPANY TO PAY $189K IN BACK WAGES, DAMAGES TO WORKERS AFTER US LABOR DEPARTMENT INVESTIGATION](https://helpdesksuites.com/2022/03/09/court-orders-akron-promotional-products-company-to-pay-189k-in-back-wages-damages-to-workers-after-us-labor-department-investigation/):   American Made Bags LLC misclassified workers as independent contractors, failed to pay overtime, maintain wage records, pay back wages as agreed A federal judge ordered American Made Bags LLC in Akron and its owner to pay a total of $189,756 – $94,893 in back wages and an equal amount in damages – to 48 employees after two separate federal investigations found numerous illegal pay practices.   In the first investigation, the U.S. Department of Labor’s Wage and Hour Division found the employer misclassified several employees as independent contractors and failed to pay both misclassified and other employees accurate overtime wages at time-and-one-half […]
- [SOUTH CAROLINA LANDSCAPING COMPANY PAYS $34K IN BACK WAGES, PENALTIES AFTER US DEPARTMENT OF LABOR FINDS H-2B GUEST WORKER VIOLATIONS](https://helpdesksuites.com/2022/03/09/south-carolina-landscaping-company-pays-34k-in-back-wages-penalties-after-us-department-of-labor-finds-h-2b-guest-worker-violations/):   Palmetto State Forestry Services LLC shorted workers’ pay for travel, prevailing wage rate   A U.S. Department of Labor investigation found a Walterboro landscaping company failed to reimburse workers employed in the U.S. under the H-2B guest worker program for their travel costs and failed to pay wage rates as required.   The department’s Wage and Hour Division determined Palmetto State Forestry Services LLC violated H-2B rules and the Fair Labor Standards Act. Specifically, violations of the H-2B program occurred when the employer: Discriminated against U.S. workers by paying H-2B workers higher wage rates for supervisor positions and failing to advertise or offer the position to […]
- [Boss Call March 16th, 2022: Overtime Exemption Classification, Salary, and Docking Requirements](https://helpdesksuites.com/2022/03/08/boss-call-march-16th-2022-overtime-exemption-classification-salary-and-docking-requirements/): Boss Calls Succeed. Be a Compliance Boss.   Wednesday, March 16th, 2022  1 – 2:30 pm CST Overtime Exemption Classification, Salary, and Docking Requirements   Hey Bosses! One of our members reached out asking me about this specific topic. After thinking it over, I realized I have been getting many questions recently about this very topic. So, this next Boss Call will be all about: how to classify overtime-exempt workers what we can and cannot do about their pay when they miss work, take off early, have a snowstorm, and have NO PTO or SICK LEAVE available the pros and cons […]
- [Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Signed Into Law](https://helpdesksuites.com/2022/03/08/ending-forced-arbitration-of-sexual-assault-and-sexual-harassment-act-signed-into-law/): Attorney Harrison Oldham   On Feb. 10, 2022, Congress approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”).  True to its title, the Act allows new claims of sexual harassment and sexual assault to be filed in court, rather than be subject to pre-dispute mandatory arbitration clauses.  Additionally, the law prohibits pre-dispute agreements that waive an employee’s right to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum relating to a sexual assault dispute or sexual harassment dispute.   On March 3, 2022, President Biden signed the […]
- [Some Student-Athletes, Once Again, Want to be Employees](https://helpdesksuites.com/2022/03/02/some-student-athletes-once-again-want-to-be-employees/): Attorney Harrison Oldham   On February 8, 2022, the National College Players Association (“NCPA”), an advocacy group for college athletes, filed unfair labor practice charges before the National Labor Relations Board (“NLRB”) against the National Collegiate Athletic Association (“NCAA”) and other heavyweights in collegiate athletics.  The NCPA alleged that the NCAA and others have misclassified student-athletes as amateurs instead of employees under the National Labor Relations Act (“NLRA”).   Background The NLRA provides the rights to unionize and collective bargaining to “any employee.” The NLRA’s rules state that “any employee” means any person “who performs services for another” and is “subject […]
- [CDC Relaxes Masking Guidelines](https://helpdesksuites.com/2022/03/02/cdc-relaxes-masking-guidelines/): Hey Compliance Warriors!   On Friday, February 25th, the CDC announced more relaxed guidelines for when Americans should be masking. https://www.cdc.gov/coronavirus/2019-ncov/science/community-levels.html   This new guidance takes a few things into consideration when determining the need to mask in your area: New COVID-19 cases per 100,000 residents in the past seven days. New COVID-19-related hospital admissions. The percentage of hospital beds occupied by COVID-19 patients.   As always, employers may create stronger policies and procedures than recommended in this new guidance. Whatever. you do, be very clear and make sure all employees have plenty of notice before implementing a more strict policy. […]
- [HR In Aggregate: Weed, Boosters, and Vaccines – Oh My!](https://helpdesksuites.com/2022/03/02/hr-in-aggregate-weed-boosters-and-vaccines-oh-my/):     Mississippi Legalizes Medical Cannabis On February 2, 2022, Mississippi became the latest state to create a medical marijuana law. The Mississippi Medical Cannabis Act (MMCA) became effective immediately upon Governor Tate Reeves’s signature. Prior to enacting the MMCA, Mississippi allowed only the limited use of cannabidiol (CBD) oil, under Harper Grace’s Law. Miss. Code Ann. § 41-29-136. Although Mississippi now authorizes the use of medical cannabis to treat certain debilitating medical conditions, the new law contains no employment protections for workers that engage in such use. In fact, the law contains provisions explicitly stating that employers need not facilitate, […]
- [Brian Flores Sues NFL As Former Miami Dolphins Coach Alleges Discriminatory Hiring Practices](https://helpdesksuites.com/2022/02/25/brian-flores-sues-nfl-as-former-miami-dolphins-coach-alleges-discriminatory-hiring-practices/): Attorney Harrison Oldham   On February 1, 2022, Brian Flores, the former head football coach of the Miami Dolphins, filed a class action lawsuit against his former team, as well as the New York Giants, the Denver Broncos, and the National Football League for discriminatorily denying employment to Black candidates to serve as Head Coaches, Offensive and Defensive Coordinators, Quarterback Coaches, and General Managers. The 58-page Complaint also put the other 29 teams in the NFL on notice that they too could be Defendants in this action.   Flores was fired by the Miami Dolphin in January 2022, despite recording the […]
- [California Issues FAQs for COVID-19 Supplemental Paid Sick Leave](https://helpdesksuites.com/2022/02/23/california-issues-faqs-for-covid-19-supplemental-paid-sick-leave/):   2022 COVID-19 Supplemental Paid Sick Leave provides covered employees up to 80 hours of COVID-19 related paid leave, with up to 40 of those hours for isolation & quarantine, receiving vaccines, and caring for a child whose school or place of care is closed and up to an additional 40 of those hours available only when an employee, or family member for whom the employee provides care, tests positive for COVID-19.     General Questions Reasons for Taking Leave Start Date and End Date Requesting Leave from An Employer Calculating an Employee’s Hours of Leave Permissive Limits on Use and […]
- [Update on the Federal Contractor and Subcontractor Vaccine Mandate](https://helpdesksuites.com/2022/02/21/update-on-the-federal-contractor-and-subcontractor-vaccine-mandate/): Hey Compliance Warriors!   It’s been a minute since we updated the status of the federal contractor/subcontractor vaccination mandate.   I came across this very well written update by the law firm Thompson Hine   Check it out!  https://www.thompsonhine.com/publications/update-on-federal-contractor-and-subcontractor-vaccine-mandate   Key Notes: President Biden’s Executive Order 14042 directs federal agencies to require certain federal contractors and subcontractors to implement COVID-19 workplace safety measures, including a vaccine mandate with no testing option. The federal contractor vaccine mandate and its implementing clause have resulted in six preliminary injunctions blocking enforcement of the executive order in whole or in part. The Safer Federal Workforce […]
- [Forced Arbitration in Sexual Harassment and Sexual Assault Cases is About to Become Illegal](https://helpdesksuites.com/2022/02/21/forced-arbitration-in-sexual-harassment-and-sexual-assault-cases-is-about-to-become-illegal/): Hey Compliance Warriors!   On February 10, 2022, the U.S. Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA), barring the enforcement of most mandatory arbitration provisions in cases alleging sexual assault or sexual harassment. The bill has now gone to the desk of President Biden, who is expected to sign it into law. Once in effect, EFASASHA will apply to all pre-dispute arbitration clauses, including contracts executed before the enactment of this new law.   Today, I came across this very well-written explanation by the law firm Akin Gump.   Check it out!  https://www.akingump.com/en/news-insights/new-federal-law-will-prohibit-the-mandatory-arbitration-of-sexual-assault-and-sexual-harassment-claims.html   […]
- [EEOC SUES WALMART FOR GENDER AND RACE DISCRIMINATION](https://helpdesksuites.com/2022/02/15/eeoc-sues-walmart-for-gender-and-race-discrimination/): Ottumwa Store Employee Denied Promotion Based on Having a Newborn at Home, Federal Agency Charges Walmart violated federal law when it gave a Black female employee an unsanitary lactation space based upon her race and failed to promote her based on sex stereotypes about mothers with small children, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today.   The EEOC’s pre-suit investigation revealed that Walmart failed to promote the employee to a management position at its Ottumwa store because it assumed she would not remain with the company long due to her having a newborn at home.  […]
- [EEOC SUES KELLEY WILLIAMSON COMPANY FOR SEXUAL HARASSMENT](https://helpdesksuites.com/2022/02/15/eeoc-sues-kelley-williamson-company-for-sexual-harassment/): Illinois Gas Station / Convenience Store Subjected a Female Employee to Unwanted Sexual Advances, Federal Agency Charges Kelley Williamson Company, which owns and operates gas stations and con­venience stores, violated federal law when it subjected a female employee at its Byron, Illinois gas station and convenience store to sexual harassment, the U.S. Equal Employment Opportunity Com­mission (EEOC) charged in a lawsuit it announced today. The federal agency said that the company failed to stop harassment by a male customer. The federal agency further alleged that the company did not keep the employee’s medical information confidential.   The EEOC’s pre-suit investigation revealed […]
- [February 23rd Boss Call: Training Your Managers and Supervisors: Why, How, and What They Need to Know PART TWO](https://helpdesksuites.com/2022/02/15/february-23rd-boss-call-training-your-managers-and-supervisors-why-how-and-what-they-need-to-know-part-two/): Boss Calls Succeed. Be the Boss of HR.   Wednesday, February 23rd, 2022  1 – 2:30 pm CST Training Your Managers and Supervisors: Why, How, and What They Need to Know PART TWO!   Hey Bosses!   Last week, we discussed how to lay out a training program for managers and supervisors. We talked about topics to include and ways to take some of the burden off of your shoulders and enlist others to help as Training Ambassadors. On February 23rd, we will be addressing this topic again in PART TWO of Why, How, and What to Train Your Managers and Supervisors. […]
- [Colorado Increases Criminal Penalty for Violations of Noncompete Law](https://helpdesksuites.com/2022/02/15/colorado-increases-criminal-penalty-for-violations-of-noncompete-law/): Attorney Harrison Oldham     Colorado is one of the states where non-competes are difficult, but not impossible, to enforce.  However, a new Colorado law, effective March 1, 2022, will make violations of the state’s non-competition statute a Class 2 misdemeanor punishable by 120 days in jail, a fine up to $750, or both.   On its own, Colorado’s laws governing non-compete agreements between employers and employees can be complex—particularly those involving physicians. As currently drafted, C.R.S. Section 8-2-113 makes clear, any agreement that prevents a person “from engaging in any lawful occupation at any place he sees fit” is prohibited […]
- [California Gets New California COVID-19 Supplemental Paid Sick Leave – What Employers Need to Know](https://helpdesksuites.com/2022/02/11/california-gets-new-california-covid-19-supplemental-paid-sick-leave-what-employers-need-to-know/):   Yesterday, February 9, 2022, California’s governor signed Senate Bill (SB) 114, which creates a new Labor Code section 248.6 addressing supplemental paid sick leave for COVID-19. The law takes effect immediately and is retroactive to January 1, 2022, but an employer’s obligation to provide 2022 COVID-19 supplemental California paid sick leave (CPSL) does not begin until 10 days after the governor signed the law which will be February 19, 2022. Here are some great sources who are explaining this new law while we await further direction from DIR. https://www.littler.com/publication-press/publication/california-governor-signs-2022-supplemental-paid-sick-leave-bill https://www.natlawreview.com/article/california-covid-19-supplemental-paid-sick-leave-becomes-law-again https://www.jdsupra.com/legalnews/summary-of-new-california-covid-19-1517608/   Be Audit-Secure   Lisa Smith, SPHR, SHRM – SCP Certified EEO Investigator (EEOC) Lead […]
- [FEDERAL COURT ORDERS NEW JERSEY COMPANY AND CO-MANAGERS WHO DELIBERATELY DENIED WORKERS’ OVERTIME WAGES TO PAY $711K TO 89 WORKERS](https://helpdesksuites.com/2022/02/09/federal-court-orders-new-jersey-company-and-co-managers-who-deliberately-denied-workers-overtime-wages-to-pay-711k-to-89-workers/): Defendants assessed more than $16K in penalties, interest for willful violations Hey Compliance Warriors! Do you know how I am always telling you to be careful because sometimes the DOL assesses fines to individual managers as well as the corporate structure? Well, it has happened again. Just another reason to become one of our Boss Calls members!   Read on…   A federal court in New Jersey ordered an electrical and heating, ventilation and air conditioning company based in Union, and its two co-managers, to pay 89 electricians, electrician helpers and HVAC technicians after a U.S. Department of Labor investigation found […]
- [INDIANA HOME HEALTHCARE PROVIDER ORDERED TO PAY $432K IN BACK WAGES, DAMAGES TO 171 CAREGIVERS FOLLOWING US DEPARTMENT OF LABOR INVESTIGATION](https://helpdesksuites.com/2022/02/09/indiana-home-healthcare-provider-ordered-to-pay-432k-in-back-wages-damages-to-171-caregivers-following-us-department-of-labor-investigation/): Employer shorted workers’ pay by failing to combine hours worked at 2 related businesses   Hey Compliance Warriors! Here is an example of a question I get quite often. One employee, two employers, common ownership – even with different tax ID #s – equals potential overtime violations if not handled properly. The fact that liquidated damages were assessed probably means the DOL found the violations were not an “oopsy” but more of a “let’s give this a try”.  Read on…   An Indianapolis employer assigned home healthcare workers to shifts at two related companies but failed to combine the hours, denying […]
- [HR In Aggregate: EEOC Has Been Busy Over the Last 30 days](https://helpdesksuites.com/2022/02/09/hr-in-aggregate-eeoc-has-been-busy-over-the-last-30-days/): EEOC Sues Pneuline Supply for Disability Discrimination and Retaliation   February 02, 2022 American Freight Furniture and Mattress to Pay $5 Million to Settle Nationwide EEOC Sex Discrimination Suit   February 02, 2022 Wellpath to Pay $75,000 to Settle EEOC Religious Discrimination Case   February 01, 2022 Tampa Bay Delivery Service to Pay $50,000 to Settle EEOC Religious Discrimination Lawsuit    January 27, 2022 EEOC Sues Verona Area School District for Pay Discrimination   January 25, 2022 National Car Dealers to Pay $150,000 to Settle EEOC Disability Discrimination Lawsuit.  January 20, 2022 Vantage Oil & Gas Exploration Companies Settle EEOC Disability ClaimDon’s Specialty Meats […]
- [February 9th Boss Call:  Training Your Managers and Supervisors: What Do They Need to Know?](https://helpdesksuites.com/2022/02/08/february-9th-boss-call-training-your-managers-and-supervisors-what-do-they-need-to-know-2/): Boss Calls Succeed. Be the Boss of HR.   Wednesday, February 9th, 2022  1 – 2:30 pm CST Training Your Managers and Supervisors: What Do They Need to Know?   Hey Bosses!   One of our awesome Bosses asked for this topic and I am so excited to make it happen! Do you know that your managers and supervisors need more information in order to comply with laws like FMLA, ADA, Anti-Harassment, and more?   Have you been wondering what information they MUST HAVE as opposed to dishing it all up and causing information overload? If so, join me for a 90-minute breakdown […]
- [HR In Aggregate: Updates from Nevada, New Jersey, California, and New York](https://helpdesksuites.com/2022/02/02/hr-in-aggregate-updates-from-nevada-new-jersey-california-and-new-york/):   En Banc Nevada Supreme Court Clarifies State Record-Keeping and Minimum Wage Notice Requirements In a recent decision, the Nevada Supreme Court provided guidance on how employers must maintain wage records and inform employees of minimum wage rate adjustments. On December 30, 2021, the Nevada Supreme Court issued a 6-0 en banc opinion in a class action appeal regarding NRS 608.115’s record-keeping requirement and the Minimum Wage Amendment in the Nevada Constitution’s notice requirement. In A Cab, LLC v. Murray, 137 Nev. Adv. Op. 84 (2021), the named representatives in the class action were taxi drivers who alleged violations of the minimum wage. A […]
- [Retaliation is Real and Can Be Really Stupid](https://helpdesksuites.com/2022/02/02/retaliation-is-real-and-can-be-really-stupid/): Hey Compliance Warriors!   We are doing a Boss Call on February 9th, 2022 to discuss what your managers and supervisors need to know. I want you all to read this article by Eric B. Meyer with FisherBroyles, LLP. In this article, Eric explains some terrible email exchanges that ended up in court and will very likely end up costing the employer (and possibly some managers and supervisors) major dollars.   Is this the worst batch of retaliatory emails I’ve ever read? Maybe. Print this post if you want to discourage your managers and supervisor from putting dumb sh*t in emails […]
- [February 9th Boss Call:  Training Your Managers and Supervisors: What Do They Need to Know?](https://helpdesksuites.com/2022/02/02/february-9th-boss-call-training-your-managers-and-supervisors-what-do-they-need-to-know/): Boss Calls Succeed. Be the Boss of HR.   Wednesday, February 9th, 2022  1 – 2:30 pm CST Training Your Managers and Supervisors: What Do They Need to Know?   Hey Bosses!   One of our awesome Bosses asked for this topic and I am so excited to make it happen! Do you know that your managers and supervisors need more information in order to comply with laws like FMLA, ADA, Anti-Harassment, and more?   Have you been wondering what information they MUST HAVE as opposed to dishing it all up and causing information overload? If so, join me for a 90-minute breakdown […]
- [INVESTIGATION RECOVERS $97K IN BACK WAGES, DAMAGES FOR 330 WORKERS AFTER US DEPARTMENT OF LABOR FINDS VIOLATIONS AT 11 FROZEN YOGURT FRANCHISE LOCATIONS](https://helpdesksuites.com/2022/02/02/investigation-recovers-97k-in-back-wages-damages-for-330-workers-after-us-department-of-labor-finds-violations-at-11-frozen-yogurt-franchise-locations/):   Menchie’s Frozen Yogurt stores’ operator also assessed $19,736 in penalties for willful violations   A federal investigation recovered $96,973 in back wages and liquidated damages from the operator of 11 frozen yogurt shops in Washington and Oregon who allowed store managers to take a portion of workers’ tips illegally, and failed to pay some workers overtime wages when they worked over 40 hours in a workweek. The employer also did not keep an accurate record of hours worked.   Investigators with the U.S. Department of Labor’s Wage and Hour Division found multiple violations of the Fair Labor Standards Act by BroYo LLC – operator of […]
- [NEW HAMPSHIRE RETAILER PAYS $50,000 IN PUNITIVE DAMAGES TO WORKER TERMINATED AFTER ASKING FOR OWED OVERTIME WAGES](https://helpdesksuites.com/2022/02/02/new-hampshire-retailer-pays-50000-in-punitive-damages-to-worker-terminated-after-asking-for-owed-overtime-wages/): Federal investigation finds smoke shop violated worker’s employment rights   U.S. Department of Labor Wage and Hour Division investigation has determined Smokers Haven Inc. and owner Brett Scott violated the anti-retaliation, overtime and recordkeeping requirements of the Fair Labor Standards Act.   The Concord based electronic cigarette retailer refused to pay a worker his rightfully earned overtime wages and then illegally terminated him, after he asked to be paid. Prior to the meeting with his employer, the worker contacted the Wage and Hour Division to discuss his overtime pay concerns.   As a result of the investigation, the employer has paid the affected worker $50,000 […]
- [BREAKING NEWS: OSHA Will Seek to Make Vaccinate or Test a Permanent Standard](https://helpdesksuites.com/2022/01/25/breaking-news-osha-will-seek-to-make-vaccinate-or-test-a-permanent-standard/):   Hey Compliance Warriors!   Today, January 25th, 2022, OSHA issued a notice stating that they are withdrawing the currently stayed Vaccinate or Test ETS that applied to employers with 100+ employees. This action will end the debate over whether OSHA has the authority to issue such an emergency temporary standard.   However, they also stated that they will pursue a permanent standard. The notice states: “Although OSHA is withdrawing the Vaccination and Testing ETS as an enforceable emergency temporary standard, OSHA is not withdrawing the ETS to the extent that it serves as a proposed rule under section 6(c)(3) of […]
- [As Always, Words Matter](https://helpdesksuites.com/2022/01/25/as-always-words-matter/): Attorney Harrison Oldham     Across most of the United States, courts presume that employees are “at-will” workers.  Recently, however, the United States Court of Appeals for the Sixth Circuit (which oversees federal courts in Kentucky, Michigan, Ohio, and Tennessee) considered an employee’s claim that poor wording in her employment agreement overcame that presumption.  Specifically, the employee argued that her poorly drafted employment agreement guaranteed her employment for at least a year.  The case is Hall v. Rag-O-Rama, 2021 WL 5782381 (6th Cir. Dec. 7, 2021).   FACTS   In 2015, Vance Whitener, the owner of Rag-O-Rama (a used clothing retail store […]
- [Your Next LIVE Exam Prep Bootcamp Begins in 3 Days](https://helpdesksuites.com/2022/01/25/your-next-live-exam-prep-bootcamp-begins-in-3-days/):   Hey Compliance Warriors!   It’s a new year and time to think about your professional certification status. Many people have emailed me asking for some sort of guidance that makes sense when determining how to begin studying for one of the HRCI or SHRM certification exams. Are you on the fence about getting HR certified?  Do you wish you had a better understanding of what will be required to pass your test?  Do prep courses seem like a necessary part of the process, but feel so overwhelming to get through? Are you struggling to understand what will be required knowledge and […]
- [FEDERAL INVESTIGATION RECOVERS $221K IN BACK WAGES, DAMAGES FOR 59 WORKERS](https://helpdesksuites.com/2022/01/25/federal-investigation-recovers-221k-in-back-wages-damages-for-59-workers/):   Intermountain Drywall and Acoustical assessed $22K in penalties for willful violations   The U.S. Department of Labor recovered $221,053 in back wages and liquidated damages for 59 drywall installation workers in Idaho after their employer recklessly denied them overtime wages they earned and then lied to investigators about it.   The department’s Wage and Hour Division found Intermountain Drywall and Acoustical Inc. of Eagle intentionally underpaid its workers by denying them their rightfully overtime wages earned, a Fair Labor Standards Act violation. The employer repeatedly told investigators that the company paid employees overtime wages at time-and-one-half their rates of pay when they worked more […]
- [BREAKING NEWS: Federal Contractor Vaccination Mandate Blocked (again) by Texas Federal District Court](https://helpdesksuites.com/2022/01/21/breaking-news-federal-contractor-vaccination-mandate-blocked-again-by-texas-federal-district-court/):   Hey Compliance Warriors!   The requirement that employees of federal contractors and sub-contractors get vaccinated was blocked by a federal district court in Texas today. The directive is now on hold pending a Justice Department appeal of this ruling.   The ruling is not a surprise given the decision last week by the U.S. Supreme Court which blocked the Biden administration’s vaccinate or-test ETS for employers with 100+ employees.   Stay tuned as this story continues to unfold.   Be Audit-Secure     Lisa Smith, SPHR, SHRM – SCP Certified EEO Investigator (EEOC) Lead Support and Content Chief – HelpDeskforHR.com […]
- [Starbucks Rescinds Employee Vaccinate or Test Policy in the Wake of the SCOTUS Decision](https://helpdesksuites.com/2022/01/20/starbucks-rescinds-employee-vaccinate-or-test-policy-in-the-wake-of-the-scotus-decision/):   Hey Compliance Warriors!   Last week, the Supreme Court of the U.S. stayed OSHA’s Vax or Test ETS for employers with 100+ employees. Many employers have already put this policy in place and are staying the course even without a mandate from OSHA.   Has your workplace considered pulling back on your vax or test mandate after hearing about the stay of OSHA’s ETS last week?   Starbucks has announced they will be pulling back on this policy and no longer requiring employees to be vaccinated or test weekly. Here are some reports on the decision from various news sources. […]
- [A Case Study on Pregnancy Discrimination Claims](https://helpdesksuites.com/2022/01/20/a-case-study-on-pregnancy-discrimination-claims/): Attorney Harrison Oldham A former hospital manager in Washington state is about to get her day in court after claiming she was discriminated against because of her pregnancy. In Crabtree v. Jefferson Healthcare, a Washington Court of Appeals sent the case back to the trial court after finding that a genuine issue of material fact exists regarding whether a pregnant employee was discriminated against.  As a result, the case will be heard and decided upon by a jury.   Background   Plaintiff, Jillian Crabtree, was employed by the defendant, Jefferson Healthcare, as the manager of patient access services. Her employment began her […]
- [BREAKING NEWS: OSHA Increases Monetary Penalties](https://helpdesksuites.com/2022/01/19/breaking-news-osha-increases-monetary-penalties/):   Hey Compliance Warriors!   OSHA has issued the maximum penalty amounts for 2022. Read on!   MEMORANDUM FOR: REGIONAL ADMINISTRATORS SUBJECT:  2022 Annual Adjustments to OSHA Civil Penalties   Purpose. The penalty information included in this memorandum is intended to supplement the penalties and debt collection information found in Chapter 6 of the Field Operations Manual (FOM). Tables included in this memorandum reflect penalty amounts for calendar year 2022 and correspond to adjusted penalty amounts found in OSHA Information Systems (OIS). OSHA updates this information annually to ensure access to current penalty information. Background. On November 2, 2015, the Federal Civil Penalties […]
- [January 26th Boss Call: The Future of Work: What to Expect and How to Get Ahead](https://helpdesksuites.com/2022/01/19/january-26th-boss-call-the-future-of-work-what-to-expect-and-how-to-get-ahead/): Boss Calls Succeed. Do H.R. Like a Boss   Wednesday, January 26th, 2022  1 – 2:30 pm CST The Future of Work: What to Expect and How to Get Ahead   Hey Bosses!   You have been asking me for an expert who can help you with strategies for managing hybrid teams and accepting the fact that employees are demanding more remote work arrangements than ever before.   Join me and Larry English for an honest and actionable discussion “The Future of Work: What to Expect and How to Get Ahead”.   During our 90-minute Call Larry and I will discuss: […]
- [Your Next LIVE Exam Prep Bootcamp Begins in 11 Days](https://helpdesksuites.com/2022/01/19/your-next-live-exam-prep-bootcamp-begins-in-11-days/):   Hey Compliance Warriors!   It’s a new year and time to think about your professional certification status. Many people have emailed me asking for some sort of guidance that makes sense when determining how to begin studying for one of the HRCI or SHRM certification exams. Are you on the fence about getting HR certified?  Do you wish you had a better understanding of what will be required to pass your test?  Do prep courses seem like a necessary part of the process, but feel so overwhelming to get through? Are you struggling to understand what will be required knowledge and […]
- [US Department of Labor cites Ohio auto-parts supplier after employee dies, several hospitalized following coronavirus exposure at Sanoh America](https://helpdesksuites.com/2022/01/19/us-department-of-labor-cites-ohio-auto-parts-supplier-after-employee-dies-several-hospitalized-following-coronavirus-exposure-at-sanoh-america/):   Hey Compliance Warriors!   Company failed to enforce CDC, company policies for mask wearing, social distancing   Responding to a complaint that a Findlay auto-parts supplier was ignoring guidelines to limit employee exposure to the coronavirus and that several employees were sick, the U.S. Department of Labor’s Occupational Safety and Health Administration found the company did not enforce its own policy or federal guidelines on social distancing and mask wearing.   When OSHA first inspected the facility on Aug. 12, 2021, 65 employees had tested positive for coronavirus. By Aug. 31, 88 had tested positive. During that time, five employees were […]
- [US Department of Labor cites Montefiore Medical Center for inadequate workplace violence safeguards for employees](https://helpdesksuites.com/2022/01/19/us-department-of-labor-cites-montefiore-medical-center-for-inadequate-workplace-violence-safeguards-for-employees/):   Hey Compliance Warriors!   Registered nurses, certified nursing assistants, patient care technicians and security officers provide essential services in healthcare settings. Their work also exposes them to various on-the-job hazards, including assault and other forms of workplace violence. When such hazards exist, employers must develop and maintain an effective workplace violence prevention program.   An inspection by the U.S. Department of Labor’s Occupational Safety and Health Administration, prompted by employee complaints, determined that Montefiore Medical Center in the Bronx lacked adequate safeguards for employees in the pediatric emergency department of the Children’s Hospital at Montefiore.   OSHA found that employees, including […]
- [Will OSHA Appeal the Stay Issued By the Supreme Court Last Week and Employer Next Steps](https://helpdesksuites.com/2022/01/17/will-osha-appeal-the-stay-issued-by-the-supreme-court-last-week-and-employer-next-steps/):   Hey Compliance Warriors!   Last week, U.S. Secretary of Labor Marty Walsh issued the following statement on the Supreme Court ruling on the department’s Occupational Safety and Health Administration’s emergency temporary standard on vaccination and testing:   “I am disappointed in the court’s decision, which is a major setback to the health and safety of workers across the country. OSHA stands by the Vaccination and Testing Emergency Temporary Standard as the best way to protect the nation’s workforce from a deadly virus that is infecting more than 750,000 Americans each day and has taken the lives of nearly a million […]
- [SCOTUS Has Issued An Opinion on the OSHA and CMS Mandates Today](https://helpdesksuites.com/2022/01/13/scotus-has-issued-an-opinion-on-the-osha-and-cms-mandates-today/):   Hey Compliance Warriors!   SCOTUS has issued their opinions on the OSHA 100 + ETS and the CMS Vax mandate.   The Supreme Court has ruled that the OSHA ETS should be stayed letting affected employers off the hook at the federal level. Justices Breyer, Sotomayor and Kagan all dissented. You can read the dissenting statements at the link above.   The CMS Vaccine Mandate will go forward.  https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf   So, that’s that for now. Stay tuned for more updates as they become available.   Your Breaking News on the subject will be right here at HelpDeskforHR.com.   Be Audit-Secure […]
- [The OSHA ETS Arguments Were Made – Where is the Decision, SCOTUS?](https://helpdesksuites.com/2022/01/11/the-osha-ets-arguments-were-made-where-is-the-decision-scotus/):   Hey Compliance Warriors!   Well, Monday, January 10th, 2022 has come and gone and we still have no ruling from SCOTUS on the life or death of the OSHA ETS for employers with 100+ employees.   So, what’s an employer to do?  For now, be sure that all non-vaxxed workers are masking up. You probably have already started to document who is vaxxed and who is not. So, that will be pretty easy. The weekly testing requirement is not set to take effect until February 9th – assuming the ETS is still alive at that point.   SCOTUS has an […]
- [Biden-Harris Administration Requires Insurance Companies and Group Health Plans to Cover the Cost of At-Home COVID-19 Tests, Increasing Access to Free Tests](https://helpdesksuites.com/2022/01/11/biden-harris-administration-requires-insurance-companies-and-group-health-plans-to-cover-the-cost-of-at-home-covid-19-tests-increasing-access-to-free-tests/):   Hey Compliance Warriors!   As part of its ongoing efforts across many channels to expand Americans’ access to free testing, the Biden-Harris Administration is requiring insurance companies and group health plans to cover the cost of over-the-counter, at-home COVID-19 tests, so people with private health coverage can get them for free starting January 15th.  The new coverage requirement means that most consumers with private health coverage can go online or to a pharmacy or store, buy a test, and either get it paid for up front by their health plan, or get reimbursed for the cost by submitting a claim […]
- [US DEPARTMENT OF LABOR SUES GEORGIA AUTO REPAIR SHOP OWNER WHO PAID FORMER WORKER FINAL WAGES IN OILY PENNIES](https://helpdesksuites.com/2022/01/11/us-department-of-labor-sues-georgia-auto-repair-shop-owner-who-paid-former-worker-final-wages-in-oily-pennies/):   Hey Compliance Warriors!   A-OK Walker Autoworks violated retaliation prohibition, overtime laws   The U.S. Department of Labor has filed a complaint in the U.S. District Court for the Northern District of Georgia, against a Peachtree City auto repair shop and its owner seeking $36,971 in back wages and liquidated damages after investigators found they violated the retaliation, overtime and recordkeeping prohibitions of the Fair Labor Standards Act.   The department’s Wage and Hour Division determined that Miles Walker, the owner of 811 Autoworks LLC – operating as A OK Walker Autoworks – retaliated against one employee who contacted the agency after he […]
- [New Year – New Non-Compete Restrictions?](https://helpdesksuites.com/2022/01/06/new-year-new-non-compete-restrictions/): Attorney Harrison Oldham Before jumping too deep into 2022, it’s important to take a few moments to reflect on 2021’s year’s developments of the law on non-compete agreements (“NCAs”), provide a few thoughts about what could happen in 2022, and offer a few pieces of advice.   In July 2021, President Biden signed an Executive Order entitled “Promoting Competition in the American Economy.” The Order does not in itself change the law, but it encourages the Federal Trade Commission (“FTC”) to take steps to limit or ban NCAs in the country, which if adopted could have a significant impact across the […]
- [BREAKING NEWS: CDC Updates COVID Guidance AGAIN!](https://helpdesksuites.com/2022/01/06/breaking-news-cdc-updates-covid-guidance-again/):   Hey Compliance Warriors!   Yesterday, the CDC issued yet another update to the guidance they issued last week shortening the isolation time to 5 days under certain circumstances. Here is the updated information.   Ending isolation for people who had COVID-19 and had symptoms   If you had COVID-19 and had symptoms, isolate for at least 5 days. To calculate your 5-day isolation period, day 0 is your first day of symptoms. Day 1 is the first full day after your symptoms developed. You can leave isolation after 5 full days. You can end isolation after 5 full days if you are fever-free […]
- [DOL Will Argue the OSHA ETS is NOT a Vaccine Mandate on Friday, January 7th, 2022](https://helpdesksuites.com/2022/01/05/dol-will-argue-the-osha-ets-is-not-a-vaccine-mandate-on-friday-january-7th-2022/):   Hey Compliance Warriors!   As we all sit and wait for a Yay or Nay on the January 10th implementation of the OSHA Vax or Test ETS, a little insight into the argument that OSHA will make in defense of the new temporary regs. The Solicitor General has filed a brief outlining the arguments to be made in support of lifting the stay and going full steam ahead with the controversial new regs.   Basically, the argument for the ETS is that this is not a requirement to vaccinate all workers. That requirement would be left to the employer. OSHA […]
- [HR In Aggregate: 2022 Starts with a Flurry of New Employment Laws – Here are a few](https://helpdesksuites.com/2022/01/05/hr-in-aggregate-2022-starts-with-a-flurry-of-new-employment-laws-here-are-a-few/):     New Year’s Update on NY COVID Measures   Seyfarth Shaw LLP In one of his first official acts as New York City’s new Mayor, Eric Adams signed an Executive Order extending the private worker…   Portland, Maine City Council Ends Hourly Hazard Pay and Enacts Indoor Mask Mandate  Littler Mendelson PC At their first meeting of the New Year, city councilors in Portland, Maine repealed a COVID-19 emergency order that had been in place since March of…   Massachusetts Employers Cautioned Regarding Performance Review Rebuttals   Hunton Andrews Kurth LLP The Massachusetts Personnel Records Law, M.G.L. Chapter 149, § 52C gives […]
- [New Year, New Rules: Chicago and Cook County Will Require Proof of Vaccination to Enter Most Public Establishments as of January 3, 2022](https://helpdesksuites.com/2022/01/05/new-year-new-rules-chicago-and-cook-county-will-require-proof-of-vaccination-to-enter-most-public-establishments-as-of-january-3-2022/):   Hey Compliance Warriors!   Check out this interesting update by Yara Mroueh, Carly Zuba, and Devjani Mishra on December 23, 2021 Updated December 27, 2021: Cook County, Illinois has implemented Cook County Public Health Order 2021-11, imposing the same vaccine requirements as those implemented under Chicago’s Public Health Order, discussed below, including the same January 3, 2022 effective date.   *  *  *   On December 21, 2021, Mayor Lori Lightfoot issued Public Health Order 2021-2, a vaccine mandate for certain public accommodations that is meant to help curb the spread of COVID-19 as the Omicron variant continues to surge.   Effective […]
- [BREAKING NEWS: OSHA Rescinded Most of the Healthcare ETS – Or Did They?](https://helpdesksuites.com/2021/12/30/breaking-news-osha-rescinded-most-of-the-healthcare-ets-or-did-they/):   Hey Compliance Warriors!   OSHA announced, on December 27th, 2021, that it intends to continue to work expeditiously to issue a final standard that will protect healthcare workers from COVID-19 hazards, and will do so as it also considers its broader infectious disease rulemaking.   However, given that OSHA anticipates a final rule cannot be completed in a timeframe approaching the one contemplated by the OSH Act, OSHA also announced that it is withdrawing the non-recordkeeping portions of the healthcare ETS.   The COVID-19 log and reporting provisions, 29 CFR 1910.502(q)(2)(ii), (q)(3)(ii)-(iv), and (r), remain in effect. These provisions were […]
- [OSHA Vaccinate or Test ETS Still Up for Argument](https://helpdesksuites.com/2021/12/29/osha-vaccinate-or-test-ets-still-up-for-argument/): Attorney Harrison Oldham On December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals (encompassing Ohio, Michigan, Tennessee, and Kentucky) dissolved the stay of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). Quickly afterward, OSHA posted new compliance dates on its website. Covered employers must now comply with the provisions of the ETS by January 10, 2022. If an employer decides to permit its employees to test instead of receiving a vaccine, then testing of unvaccinated employees must begin on or before February 9, 2022.     The Decision   Several states, various employers, trade associations, and […]
- [BREAKING NEWS: CDC Updates and Shortens Recommended Isolation and Quarantine Period for General Population](https://helpdesksuites.com/2021/12/28/breaking-news-cdc-updates-and-shortens-recommended-isolation-and-quarantine-period-for-general-population/):   Hey Compliance Warriors!   Given what we currently know about COVID-19 and the Omicron variant, CDC is shortening the recommended time for isolation from 10 days for people with COVID-19 to 5 days, if asymptomatic, followed by 5 days of wearing a mask when around others. The change is motivated by science demonstrating that the majority of SARS-CoV-2 transmission occurs early in the course of illness, generally in the 1-2 days prior to onset of symptoms and the 2-3 days after. Therefore, people who test positive should isolate for 5 days and, if asymptomatic at that time, they may leave […]
- [BREAKING NEWS: OSHA Has Updated Its Vax or Test ETS FAQs](https://helpdesksuites.com/2021/12/27/breaking-news-osha-has-updated-its-vax-or-test-ets-faqs/):   Hey Compliance Warriors!   So, last week the news broke about the January 7th date for SCOTUS to hear arguments (and probably rule) on the OSHA ETS and CMS vaccine mandate.  I don’t have an update on the CMS piece, but I am here to tell you that OSHA has updated its ETS FAQs since my last post. Basically, OSHA has said that if the employee uses a digitally-read test, which produces a date and time-stamped result (e.g., results available through an app, QR code, RFID), it is not considered to be “self-read” under the ETS and therefore would not […]
- [EEOC UPDATES COVID-19 GUIDANCE](https://helpdesksuites.com/2021/12/27/eeoc-updates-covid-19-guidance/): Attorney Harrison Oldham The EEOC has updated guidance clarifying when COVID-19 may comprise a disability under the Americans with Disabilities Act (“ADA”). In a new section of the EEOC’s COVID-19 guidance entitled “COVID-19 and the Definition of ‘Disability’ Under the ADA, Rehabilitation Act, and other EEO Laws,” the EEOC focuses on when COVID-19 is disability under the ADA, and if so, what is the resulting impact on an employer’s obligations under the law.   Importantly, the guidance clarifies that depending on the circumstances, COVID-19 can meet the ADA’s three-part definition of “disability” (i.e., “actual disability”, “record of disability” or being “regarded […]
- [More 2022 Employment Law Updates](https://helpdesksuites.com/2021/12/27/more-2022-employment-law-updates/): Hey Compliance Warriors!   Here are some good end-of-the-year/New Year 2022 updates!   Cal/OSHA Approves 2nd Readoption of ETS and Governor Issues Order Potentially Further Extending COVID Restrictions On December 16, 2021, California’s Occupational Safety and Health Standards Board (the “Standards Board”) adopted its second set of proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (the “2nd Revised ETS”). The 2nd Revised ETS will take effect on January 14, 2022. Until then, the current ETS, which was adopted on June 17, 2021, remains in effect. In addition, shortly after the Standards Board meeting, Governor […]
- [BREAKING NEWS: SCOTUS Will Hear OSHA ETS and CMS Mandate Arguments on January 7th, 2022](https://helpdesksuites.com/2021/12/23/breaking-news-scotus-will-hear-osha-ets-and-cms-mandate-arguments-on-january-7th-2022/):   Hey Compliance Warriors!   Holidays are not a reason to stop the presses.   Last night, the Supreme Court announced that it would hold two special oral argument sessions on Friday, January 7, 2022, which will address both sides of whether or not the OSHA ETS and CMS vaccination mandates should proceed or stay.   OSHA has announced that it will not issue citations for non-compliance with the Vax or Test ETS before January 10, 2022. However, since the Court will not hear oral arguments until January 7, 2022, employers that are unprepared for validation of the ETS may be […]
- [BREAKING NEWS: OSHA COVID-19 Vaccination ETS Is Back on with a January 10th Enforcement Date](https://helpdesksuites.com/2021/12/20/breaking-news-osha-covid-19-vaccination-ets-is-back-on-with-a-january-10th-enforcement-date/): Hey Compliance Warriors!   On Friday night the 6th U.S. Circuit Court of Appeals lifted the injunction blocking the OSAH COVID-19 vaccination ETS (BST Holdings, LLC et al v. OSHA, et al, No. 21-4080 (6th Cir. Dec. 17, 2021)).   The ruling was decided by a 2-1 vote by a three-judge panel of the circuit. The decision removed the stay imposed by the 5th Circuit.   Be watching for an appeal to the U.S. Supreme Court (SCOTUS) by the mandate’s challengers.   Since court proceedings have already extended beyond the ETS’ timeline for employers to implement COVID-19 vaccination mandates, OSHA said […]
- [BREAKING NEWS: DHS Extends Form I‑9 Requirement Flexibility (Effective January 1, 2022)](https://helpdesksuites.com/2021/12/20/breaking-news-dhs-extends-form-i%e2%80%919-requirement-flexibility-effective-january-1-2022/):   Hey Compliance Warriors!   The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I‑9, Employment Eligibility Verification, due to COVID‑19.   This temporary guidance was set to expire Dec. 31, 2021. Because of ongoing precautions related to COVID‑19, DHS has extended the Form I‑9 requirement flexibility policy until April 30, 2022.   See the original ICE news release from March 20, 2020 for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 […]
- [BREAKING NEWS: IRS issues standard mileage rates for 2022](https://helpdesksuites.com/2021/12/17/breaking-news-irs-issues-standard-mileage-rates-for-2022/): Hey Compliance Warriors!   The Internal Revenue Service today issued the 2022 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.   Beginning on Jan. 1, 2022, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:   58.5 cents per mile driven for business use, up 2.5 cents from the rate for 2021, 18 cents per mile driven for medical, or moving purposes for qualified active-duty members of the Armed Forces, up 2 cents from the rate for 2021 and […]
- [BREAKING NEWS: Health worker vaccine mandate blocked in half the states](https://helpdesksuites.com/2021/12/16/breaking-news-health-worker-vaccine-mandate-blocked-in-half-the-states/): Hey Compliance Warriors!   Here is some breaking news regarding the nationwide ban against the Biden administration’s vaccine mandate for healthcare workers. Published by the Associated Press Posted at 1:35 PM, Dec 15, 2021 NEW ORLEANS (AP) — A federal appeals court panel on Wednesday lifted a nationwide ban against President Joe Biden’s vaccine mandate for health care workers, instead blocking the requirement in only certain states and creating the potential for patchwork enforcement across the country.   The decision by the New Orleans-based 5th U.S. Circuit Court of Appeals kept a preliminary injunction in place for 14 states that had collectively […]
- [California and New York Implement Indoor Mask Mandates](https://helpdesksuites.com/2021/12/15/california-and-new-york-implement-indoor-mask-mandates/): Attorney Harrison Oldham In response to the latest iteration of the COVID-19 virus, the Omicron variant, both California and New York state implemented indoor mask mandates. We are going to briefly review both requirements in this article.   California   On December 13, 2021, the California Department of Public Health (“CDPH”) issued a “guidance” on face coverings titled “Guidance for the Use of Face Covering.” Although titled as a guidance, the document states that the CDPH “is requiring masks to be worn in all indoor public settings, irrespective of vaccine status, for the next four weeks (December 15, 2021, through January 15, 2022).”  The […]
- [BREAKING NEWS: EEOC ADDS NEW SECTION CLARIFYING WHEN COVID-19 MAY BE A DISABILITY, UPDATING TECHNICAL ASSISTANCE](https://helpdesksuites.com/2021/12/14/breaking-news-eeoc-adds-new-section-clarifying-when-covid-19-may-be-a-disability-updating-technical-assistance/): Hey Compliance Warriors!   The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance today adding a new section to clarify under what circumstances COVID-19 may be considered a disability under the Americans with Disabilities Act (ADA) and the Rehabilitation Act.   EEOC’s new questions and answers focus broadly on COVID-19 and the definition of disability under Title I of the ADA and Section 501 of the Rehabilitation Act, which both address employment discrimination. The updates also provide examples illustrating how an individual diagnosed with COVID-19 or a post-COVID condition could be considered to have a disability under the laws […]
- [December 15th Boss Call: 2022 Employment Law Update](https://helpdesksuites.com/2021/12/14/december-15th-boss-call-2022-employment-law-update/): Boss Calls Succeed. Do H.R. Like a Boss       Wednesday, December 15th, 2021 1 – 2:30 pm CST 2022 Employment Law Update   Hey Bosses! Our final Boss Call of the year is here. Join me tomorrow for a discussion about employment laws that are changing in 2022. You will receive the replay for 60 days, slides, and a couple of handouts with state-by-state updates. Here are some of the topics we will be discussing: COVID-19 Vaccination Mandates Update and Next Steps New “Transparency in Coverage” Requirements 80/20 Tips Final Rule New HSA, FSA, Qualified plans and ACA Limits […]
- [Three More VERY Expensive Reasons to Just Do it Right!](https://helpdesksuites.com/2021/12/14/three-more-very-expensive-reasons-to-just-do-it-right/): Hey Compliance Warriors!   Here are 3 more employers fined for violations when they should have known better!  But, they wanted to “do it the way we always have”.   Read on and don’t make the same mistakes!  Read All Cases in Full Here   US Department of Labor recovers $90K in back wages for 33 workers at Laurel, Petal auto repair shops after investigation finds violations The operator of two Mississippi auto service and repair shops has come into compliance after a U.S. Department of Labor Wage and Hour Division investigation recovered $90,068 in back wages for 33 workers and determined […]
- [California Imposes New Restrictions On Employee Settlement And Non-Disparagement Agreements](https://helpdesksuites.com/2021/12/10/california-imposes-new-restrictions-on-employee-settlement-and-non-disparagement-agreements/): Attorney Harrison Oldham On Oct. 7, 2021, California’s Governor Newsom signed into law SB 331, the “Silenced No More Act” (the “Act”) which, in part, broadly prohibits – and voids – certain non-disclosure clauses in employee settlement agreements. The Act becomes effective on Jan. 1, 2022, and amends and expands SB 820, also known as the California Stand Together Against Non-Disclosures Act (“STAND Act”).   Specifically, the Act adds additional limitations and requirements on employers with respect to (1) the use of non-disclosure clauses in settlement agreements; (2) the use of non-disparagement restrictions in certain employment agreements; and (3) notice requirements associated […]
- [BREAKING NEWS: Field Assistance Bulletin (FAB) provides enforcement guidance on overtime obligations pursuant to the H-2B Visa Program](https://helpdesksuites.com/2021/12/10/breaking-news-field-assistance-bulletin-fab-provides-enforcement-guidance-on-overtime-obligations-pursuant-to-the-h-2b-visa-program/): Hey Compliance Warriors!   On December 7, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD) published Field Assistance Bulletin No. 2021-3 addressing overtime obligations pursuant to the H-2B Visa Program.   WHD enforces federal labor laws related to the H-2B visa program and has the authority to institute administrative proceedings, recover unpaid wages, enforce job orders, and debar violators from future participation in the H-2B visa program when violations are found.   Field Assistance Bulletin No. 2021-3 provides the following guidance: If overtime hours will be made available to H-2B workers, the job order must specify that overtime will […]
- [New Utah Law Limits Vaccination And Testing Requirements In The Workplace](https://helpdesksuites.com/2021/12/07/new-utah-law-limits-vaccination-and-testing-requirements-in-the-workplace/): Attorney Harrison Oldham   On November 16, 2021, the Governor of Utah signed a law SB2004 into place, which enacts limitations and additional obligations on Utah employers regarding mandatory vaccine and testing requirements for their employees.  In this article we will review a few of the more interesting aspects of the new law.   Relief from Employer Vaccination Requirements/Mandates   The new law requires employers to provide employees an accommodation from a COVID-19 vaccination requirement under several conditions: (1) if receiving the vaccine would be injurious to the health and wellbeing of the employee or prospective employee; (2) if receiving the […]
- [BREAKING NEWS: Biden Vaccine Mandate for Federal Contractors Blocked Nationwide](https://helpdesksuites.com/2021/12/07/breaking-news-biden-vaccine-mandate-for-federal-contractors-blocked-nationwide/): Hey Compliance Warriors!   Today, a federal judge in Georgia blocked the mandate for vaccination of all federal contractors and subcontractors.   This is a developing story. Here are some links from credible sources to consider.   https://news.bloomberglaw.com/daily-labor-report/biden-vaccine-mandate-for-federal-contractors-blocked-nationwide https://www.counton2.com/news/south-carolina-news/federal-judge-blocks-covid-19-vaccine-mandate-for-federal-contractors-sides-with-sc-attorney-general/ https://www.scag.gov/media/1pfaybfp/federal-contractor-order.pdf   Be Audit-Secure       Lisa Smith, SPHR, SHRM – SCP Certified EEO Investigator (EEOC) Lead Support and Content Chief – HelpDeskforHR.com “You cannot be audit-proof, but you can Be Audit-Secure.”   Are you struggling with potential EEOC claims or violations?   How about when Big Boss is pushing back on what you KNOW needs to be done, but they […]
- [BREAKING NEWS: NYC Mayor Bill de Blasio Issues Private Sector Vaccine Mandate](https://helpdesksuites.com/2021/12/06/breaking-news-nyc-mayor-bill-de-blasio-issues-private-sector-vaccine-mandate/): Hey Compliance Warriors!   Are you a private-sector employer – of any size –  in New York City? If so, listen up! All private-sector workers in New York City will be subject to the mayor’s vaccine mandate starting Dec. 27, affecting about 184,000 businesses.   Click here for more information. https://www.nytimes.com/live/2021/12/06/world/omicron-variant-covid   Not in NYC? Stay tuned. If this succeeds, similar mandates at city or county levels may follow.   Be Audit-Secure   Lisa Smith, SPHR, SHRM – SCP Certified EEO Investigator (EEOC) Lead Support and Content Chief – HelpDeskforHR.com “You cannot be audit-proof, but you can Be Audit-Secure.”   Are you struggling […]
- [December 8th Boss Call: How HR Partners Impact Cybersecurity](https://helpdesksuites.com/2021/12/06/december-8th-boss-call-how-hr-partners-impact-cybersecurity/): Boss Calls Succeed. Do H.R. Like a Boss       Wednesday, December 8th, 2021 1 – 2:30 pm CST How HR Partners Impact Cybersecurity   With the frequency and impact of cyberattacks continuously on the rise, it’s imperative that everyone understands their role when it comes to the cybersecurity strategy for their organization. When you hear the term cybersecurity, chances are you instantly think of it as an IT issue. However, HR professionals should be leading the cybersecurity efforts for your organization. Are you ready to take up that mantle? Join me in this session with my guest expert A-Jay […]
- [BREAKING NEWS: IRS issues guidance regarding the retroactive termination of the Employee Retention Credit](https://helpdesksuites.com/2021/12/06/breaking-news-irs-issues-guidance-regarding-the-retroactive-termination-of-the-employee-retention-credit/): Hey Compliance Warriors!   The Internal Revenue Service today issued guidance for employers regarding the retroactive termination of the Employee Retention Credit. The Infrastructure Investment and Jobs Act, which was enacted on Nov. 15, 2021, amended the law so that the Employee Retention Credit applies only to wages paid before October 1, 2021, unless the employer is a recovery startup business.   Notice 2021-65 applies to employers that paid wages after September 30, 2021, and received an advance payment of the Employee Retention Credit for those wages or reduced employment tax deposits in anticipation of the credit for the fourth quarter of 2021, but are now ineligible for […]
- [BREAKING NEWS: CMS Vaccine Mandate Has Now Been Blocked Nationwide](https://helpdesksuites.com/2021/12/01/breaking-news-cms-vaccine-mandate-has-now-been-blocked-nationwide/): Hey Compliance Warriors!   We’ve been monitoring a few rulings by federal judges which have temporarily halted parts of the Biden administration’s mandatory COVID-19 vaccine policy for certain workers.   One ruling, issued on Tuesday was by a Louisiana-based federal judge and effectively blocked a vaccine mandate for health workers across the country at hospitals that receive federal funding. This is also known as the CMS mandate.   A second ruling, by a Kentucky-based federal judge, paused the administration’s vaccine mandate for federal contractors in Kentucky, Ohio and Tennessee.   The ruling from the Louisiana-based judge dovetails with a Monday decision by yet […]
- [US DEPARTMENT OF LABOR EXTENDS COMMENT PERIOD FOR COVID-19 VACCINATION AND TESTING EMERGENCY TEMPORARY STANDARD](https://helpdesksuites.com/2021/12/01/us-department-of-labor-extends-comment-period-for-covid-19-vaccination-and-testing-emergency-temporary-standard/): Hey Compliance Warriors!   The U.S. Department of Labor’s Occupational Safety and Health Administration has extended the comment period for the COVID-19 vaccination and testing emergency temporary standard to Jan. 19, 2022. OSHA extended the comment period by 45 days to allow stakeholders additional time to review the ETS and collect information and data necessary for comment.   Submit comments identified by Docket No. OSHA-2021-0007 electronically at https://www.regulations.gov, which is the Federal e-Rulemaking Portal. Follow the online instructions for making electronic submissions.  The Federal e-Rulemaking Portal is the only way to submit comments on this rule. Read the Nov. 5, 2021 Federal Register […]
- [MILLEDGEVILLE GROCER EXPOSED WORKERS TO RISK OF CORONAVIRUS, AMPUTATION HAZARDS, US DEPARTMENT OF LABOR INSPECTION FINDS](https://helpdesksuites.com/2021/12/01/milledgeville-grocer-exposed-workers-to-risk-of-coronavirus-amputation-hazards-us-department-of-labor-inspection-finds/): Hey Compliance Warriors!   Johnnie McDade Grocery faces $9K in penalties   A Milledgeville grocery store faces $9,362 in penalties after the U.S. Department of Labor’s Occupational Safety and Health Administration found the employer failed to protect employees from exposure to coronavirus and other safety hazards.   As part of OSHA’s National Emphasis Program for Coronavirus Disease, inspectors found Johnnie McDade Grocery failed to develop and implement timely and effective measures to mitigate the spread of coronavirus. The agency also cited the grocer for exposing workers to amputation hazards by failing to provide adequate guarding on a meat cutter band saw.   “Employers must take necessary precautions […]
- [December 1st Boss Call: Shutting The Back Door: How to Thrive Beyond The Great Resignation](https://helpdesksuites.com/2021/12/01/december-1st-boss-call-shutting-the-back-door-how-to-thrive-beyond-the-great-resignation/): Boss Calls Succeed. Do H.R. Like a Boss     Wednesday, December 1st, 2021    1 – 2:30 pm CST Shutting The Back Door: How to Thrive Beyond The Great Resignation Wednesday, December 1st, 2021 1 – 2:30 pm CST Hey Bosses! You all have been telling me what a struggle recruiting and hiring have become over the last year or so. Many are calling this time “THE GREAT RESIGNATION”. Since Spring 2021 Millions of people have been quitting their jobs. Many have attributed the cause to the Pandemic but is that really what has been driving people? Why are they quitting? Is this just […]
- [BREAKING NEWS: CMS Vaccine Mandate Has Been Blocked in 10 States Pending Appeal](https://helpdesksuites.com/2021/11/30/breaking-news-cms-vaccine-mandate-has-been-blocked-in-10-states-pending-appeal/): Hey Compliance Warriors!   Remember the CMS vaccine mandate that was issued a few weeks back for healthcare providers and employees who receive Medicare or Medicaid reimbursement? Well, it’s being challenged. The challenge has failed in Florida, but a MS court has issued an injunction – pending appeal – on a claim filed by 10 states arguing:   Congress did not grant CMS authority to mandate the vaccine CMS improperly bypassed notice and comment requirements The mandate is arbitrary and capricious. http://cdn.cnn.com/cnn/2021/images/11/29/gov.uscourts.moed.191888.28.0.pdf   So, the vaccine mandate no longer exists (for now) in ten states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, […]
- [Are You Ready for the 20+ Minimum Wage Rate Changes on January 1st, 2022?](https://helpdesksuites.com/2021/11/22/are-you-ready-for-the-20-minimum-wage-rate-changes-on-january-1st-2022/): Hey Compliance Warriors!   Are you ready for all of the Minimum Wage Updates taking effect on January 1st, 2022?   Alaska Alaska has annual increases tied to the consumer price index (CPI). However, because the CPI in Alaska fell 1.1 percent, there will not be a minimum wage increase for 2022. Alaska’s 2022 minimum wage will remain at $10.34. The state does not have a separate rate for tipped employees. Arizona Arizona voters in 2016 passed a ballot initiative to increase minimum wage rates through 2020. Since then, the rates have been indexed through the CPI. In 2022, minimum wage […]
- [U.S. Department of Labor’s Wage and Hour Division Announces Final Rule to Implement Executive Order 14026](https://helpdesksuites.com/2021/11/22/u-s-department-of-labors-wage-and-hour-division-announces-final-rule-to-implement-executive-order-14026/): Hey Compliance Warriors!   On November 22, 2021, the U.S. Department of Labor’s Wage and Hour Division announced a final rule that increases the hourly minimum wage for certain federal contractors to $15 effective January 30, 2022.   Executive Order 14026 implements new requirements, including: Increasing the hourly minimum wage for certain federal contractors to $15 beginning January 30, 2022. Continues to index the minimum wage to an inflation measure in future years. Eliminates the tipped minimum wage for federal contractors by 2024. Ensures a $15 minimum wage for workers with disabilities performing work on or in connection with covered contracts. Restores minimum wage protections to outfitters and guides […]
- [New York Enacts Employee Monitoring Notice Law for Private Employers](https://helpdesksuites.com/2021/11/17/new-york-enacts-employee-monitoring-notice-law-for-private-employers/): Attorney Harrison Oldham New York Governor Hochul signed legislation on November 8, 2021 that requires all private employers to notify their employees of their intention to monitor work phones, email, or internet use.   The law, which takes effect on May 7, 2022, will require all private employers, regardless of size, with a place of business in New York State to provide notice upon hire to new employees if the employer does or plans to monitor or intercept telephone or email communications or internet access or usage by the employee; the law does not specifically address notice requirements for current employees. […]
- [EEOC UPDATES COVID-19 TECHNICAL ASSISTANCE TO COVER RETALIATION](https://helpdesksuites.com/2021/11/17/eeoc-updates-covid-19-technical-assistance-to-cover-retaliation/): The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance today to include more information about employer retaliation in pandemic-related employment situations. The updates explain and clarify the rights of employees and job applicants who believe they suffered retaliation for protected activities under the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, or other employment discrimination laws. The technical assistance explains how these rights are balanced against employers’ needs to enforce COVID-19 health and safety protocols. “Retaliation is the most frequently alleged form of discrimination in the EEOC’s charges overall and has been at the top for […]
- [BREAKING NEWS: IRS provides guidance on per diem rates and the temporary 100% deduction for food or beverages from restaurants](https://helpdesksuites.com/2021/11/16/breaking-news-irs-provides-guidance-on-per-diem-rates-and-the-temporary-100-deduction-for-food-or-beverages-from-restaurants/): Hey Compliance Warriors!   The Internal Revenue Service today issued Notice 2021-63 to make clear how the temporary 100% business deduction for food or beverages from restaurants applies to taxpayers properly applying the rules of Revenue Procedure 2019-48 for using per diem rates.   Previously, the IRS issued Notice 2021-25 providing guidance under the Taxpayer Certainty and Disaster Relief Act of 2020, which added a temporary exception to the 50% limit on the amount that businesses may deduct for food or beverages. The temporary exception allows a 100% deduction for food or beverages from restaurants, as long as the expense is paid or incurred in 2021 […]
- [American Screening Sued by EEOC for Race Discrimination](https://helpdesksuites.com/2021/11/16/american-screening-sued-by-eeoc-for-race-discrimination/): African American Worker Fired for Wearing Her Hair Naturally, Federal Agency Says   American Screening, LLC, a drug and medical testing supplies distributor in Shreveport, Louisiana, violated federal law when it fired a worker because of her hair, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed October 27, 2021.   According to the EEOC’s lawsuit, American Screening interviewed and selected the worker for an office job. About a month into the job, the worker — who until then had been wearing a wig made of straight hair — stopped wearing the wig and began wearing her own […]
- [BREAKING NEWS: OSHA COVID-19 Vaccination ETS Just Lost an Appeal to End the Stay Issued by the 5th Circuit](https://helpdesksuites.com/2021/11/15/breaking-news-osha-covid-19-vaccination-ets-just-lost-an-appeal-to-end-the-stay-issued-by-the-5th-circuit/): Hey Compliance Warriors!   On Saturday morning, a Federal Appeals Court reaffirmed the stay on the OSHA ETS adding that it “grossly exceeds OSHA’s statutory authority.”   You can read the 22-page opinion here https://www.ca5.uscourts.gov/opinions/pub/21/21-60845-CV0.pdf   So, what next?   Tomorrow, Tuesday, November 16th, 2021, a lottery is slated to be held that will choose a court to hear the arguments and decide whether the ETS lives or dies. The feeling is that the ETS will have a very tough time surviving and may die altogether with the lottery court.   Saturday’s decision was harsh and very much to the point. Here […]
- [The Religious Exemption Form Template You Are Using May Need to Be Replaced](https://helpdesksuites.com/2021/11/15/the-religious-exemption-form-template-you-are-using-may-need-to-be-replaced/): Hey Compliance Warriors!   Recently, EEOC Commissioner Andrea Lucas posted on LinkedIn and said:   “The White House’s Safer Federal Workforce Task Force substantially overhauled its recommended “template” for federal agencies to use for religious accommodation requests. Some private employers may have looked to the prior version of the Task Force template as a model for their own company’s religious accommodation process. They should not. As I told The Federalist, “The extent of these changes implicitly recognizes the unfortunate and considerable litigation risk the original posed to employers that used — or continue to use — it.” As mentioned in the […]
- [FEDERAL COURT FINDS LAS VEGAS COMPANY SHORTCHANGED EMPLOYEES, ORDERS $1.4M IN BACK WAGES, DAMAGES PAID TO 1,328 CALL CENTER WORKERS](https://helpdesksuites.com/2021/11/15/federal-court-finds-las-vegas-company-shortchanged-employees-orders-1-4m-in-back-wages-damages-paid-to-1328-call-center-workers/): Hey Compliance Warriors!   Company owners held personally liable after US Department of Labor investigation   A Las Vegas telemarketing enterprise that shortchanged more than 1,328 call center workers has been ordered to pay more than $1.4 million in back wages and liquidated damages by a federal court in San Francisco. The judgement follows a U.S. Department of Labor investigation that found Wellfleet Communications and its owners illegally misclassified employees as independent contractors, forcing them to unlawfully sign away their federal rights and paying them only when they made sales.   The 9th U.S. Circuit Court of Appeals affirmed the findings […]
- [Holiday Inn Express North Padre Island to Pay $30,000 to Settle EEOC Pregnancy Discrimination Lawsuit](https://helpdesksuites.com/2021/11/10/holiday-inn-express-north-padre-island-to-pay-30000-to-settle-eeoc-pregnancy-discrimination-lawsuit/): Hey Compliance Warriors!   Employer Declared Employee Was a ‘Liability’ Due to Pregnancy, Federal Agency Charges   Awon Phie LLC, doing business as Holiday Inn Express North Padre Island, will pay $30,000 and furnish comprehensive injunctive relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.   According to the EEOC’s lawsuit, the company’s operations manager told an employee that she noticed her stomach, referring to her being pregnant. The company’s operations manager told the employee she was a “liability” because of her pregnancy and fired her, stating that she […]
- [US DEPARTMENT OF LABOR RELAUNCHES EARN WEB SITE TO HELP MAKE PUBLIC, PRIVATE SECTOR WORKPLACES MORE INCLUSIVE FOR PEOPLE WITH DISABILITIES](https://helpdesksuites.com/2021/11/10/us-department-of-labor-relaunches-earn-web-site-to-help-make-public-private-sector-workplaces-more-inclusive-for-people-with-disabilities/): Hey Compliance Warriors!   The U.S. Department of Labor today announced the newly redesigned Employer Assistance and Resource Network on Disability Inclusion web site.   Supported cooperatively by the department’s Office of Disability Employment Policy and Cornell University, the EARN site offers resources to help employers of all sizes and industries recruit, hire, retain and advance people with disabilities and develop disability-inclusive workplace cultures.   The redesigned web site highlights four essential components of the employment lifecycle – recruitment, hiring, retention and advancement­­ – and explores how including people with disabilities in each of these areas helps employers meet their workplace diversity, equity, […]
- [US Department of Labor issues emergency temporary standard to protect workers from coronavirus](https://helpdesksuites.com/2021/11/05/us-department-of-labor-issues-emergency-temporary-standard-to-protect-workers-from-coronavirus/): Hey Compliance Warriors!   Increases protections for 84M private-sector workers   The U.S. Department of Labor’s Occupational Safety and Health Administration today announced a new emergency temporary standard to protect more than 84 million workers from the spread of the coronavirus on the job. The nation’s unvaccinated workers face grave danger from workplace exposure to coronavirus, and immediate action is necessary to protect them.   Under this standard, covered employers must develop, implement and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular COVID-19 testing and wear a face […]
- [BREAKING NEWS: IRS announces 401(k) limit increases to $20,500](https://helpdesksuites.com/2021/11/05/breaking-news-irs-announces-401k-limit-increases-to-20500/):   Hey Compliance Warriors!   The Internal Revenue Service announced today that the amount individuals can contribute to their 401(k) plans in 2022 has increased to $20,500, up from $19,500 for 2021 and 2020. The IRS today also issued technical guidance regarding all of the cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for tax year 2022 in Notice 2021-61, posted today on IRS.gov.   Highlights of changes for 2022   The contribution limit for employees who participate in 401(k), 403(b), most 457 plans, and the federal government’s Thrift Savings Plan is increased to $20,500, up […]
- [EEOC Updates Guidance on COVID-19 and Requests for Religious Accommodations](https://helpdesksuites.com/2021/11/05/eeoc-updates-guidance-on-covid-19-and-requests-for-religious-accommodations/): Attorney Harrison Oldham   The EEOC has updated its technical guidance and answers related to COVID-19 and requests for religious accommodations.  The updated guidance adds six religious accommodation-based questions and answers.  The updated guidance mostly reinforces several preexisting concepts, including (i) how employers should analyze the religious nature and sincerity of an employee’s belief; (ii) what might constitute “undue hardship”; and (iii) the need for employers to analyze each accommodation request on a case-by-case basis.  You may review the revised guidance here: [https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#L]   In this article we are going to briefly review the relevant portions of the updated guidance further […]
- [BREAKING NEWS: OSHA COVID-19 Vaccination ETS Has Been Released](https://helpdesksuites.com/2021/11/04/breaking-news-osha-covid-19-vaccination-ets-has-been-released/): Hey Compliance Warriors!   This morning, the Occupational Safety and Health Administration (OSHA) has issued an emergency temporary standard (ETS) to minimize the risk of COVID-19 transmission in the workplace. The ETS establishes binding requirements to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID-19 in the workplace.   The rule covers all employers with a total of  100 or more employees with a few exceptions described below. Covered employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to elect […]
- [US DEPARTMENT OF LABOR RECOVERS BACK WAGES FOR SMALL EMPLOYER WORKERS IN THE FOOD SERVICE INDUSTRY](https://helpdesksuites.com/2021/11/02/us-department-of-labor-recovers-back-wages-for-small-employer-workers-in-the-food-service-industry/): Hey Compliance Warriors!   May employers believe the DOL is only interested in larger employers. They make HUGE mistakes and ignore the warnings because they have the wrong idea that “it won’t happen to my company”.  I urge employers and HR pros to be very careful with wage and hour issues no matter how large or small the company may be.   Foodservice is a particularly hot topic these days. Check out some recent cases below.     US Department of Labor finds Oahu restaurant operator allowed manager to keep share of tips, denied overtime pay to kitchen workers HONOLULU – The […]
- [Sometimes HR Needs a Friend to Argue With](https://helpdesksuites.com/2021/11/02/sometimes-hr-needs-a-friend-to-argue-with/): Hey Compliance Warriors!   Do you ever find yourself in a spot where you just need to argue the options for a specific HR dilemma?   I think we can all identify with this feeling.   How about when Big Boss is pushing back on what you KNOW needs to be done, but they just cannot seem to wrap their brains around the suggestions you are making?   Sometimes you need a good civilized argument session where you can state your case and an unbiased 3rd-party can clap back with the hard questions that you will be required to answer if […]
- [New Jersey Expands Protections for Older Workers](https://helpdesksuites.com/2021/10/28/new-jersey-expands-protections-for-older-workers/): Attorney Harrison Oldham   On 5 October 2021, the Governor of New Jersey signed into law amendments to the New Jersey Law Against Discrimination that significantly increase older workers’ ability to bring age discrimination claims.   While the New Jersey Law Against Discrimination (NJLAD) has always prohibited age-based discrimination in employment, the new amendments introduced this month create a new private right of action for claims of forced retirement (where employees are required to leave employment at a set age) and eliminate a “safe harbour” provision that limited damages and gave small businesses more flexibility to manage their workforces.   Prior […]
- [US DEPARTMENT OF LABOR RECOVERS $52K IN BACK WAGES FOR 28 WORKERS AFTER INVESTIGATION OF ALABAMA-BASED PEST CONTROL COMPANY](https://helpdesksuites.com/2021/10/28/us-department-of-labor-recovers-52k-in-back-wages-for-28-workers-after-investigation-of-alabama-based-pest-control-company/): Investigation found Beebe’s Pest & Termite Control shortchanged workers   In the Southeast, the pest control industry employs more workers than anywhere in the nation, and pays its workers some of the industry’s lowest wages. So, when Beebe’s Pest & Termite Control – operating in Alabama, Florida, Louisiana and Mississippi – failed to pay all of the wages earned by 28 workers, the employer made it even harder for them to make ends meet.   An investigation by the U.S. Department of Labor’s Wage and Hour Division determined the company’s operators – Beebe’s Pest & Termite Control of Alabama and Beebe’s Pest & Termite Control […]
- [BREAKING NEWS: DOL Publishes Final Rule for Tipped Workers with More than One Job](https://helpdesksuites.com/2021/10/28/breaking-news-dol-publishes-final-rule-for-tipped-workers-with-more-than-one-job/): Hey Compliance Warriors!   On October 28, 2021, the U.S Department of Labor announced publication of a final rule (Tips Dual Jobs final rule) that sets reasonable limits on the amount time an employer can take a tip credit when a tipped worker isn’t doing tip producing work. It clarifies that an employer may take a tip credit only when an employee is performing work that is part of a tipped occupation, specifically; performing work that is tip producing or performing work that directly supports work that is tip producing for a limited amount of time.   The Final Rule also amends the provisions of the […]
- [Build Your Own AFFORDABLE Seminar or Training Program](https://helpdesksuites.com/2021/10/26/build-your-own-affordable-seminar-or-training-program/):   Hey Compliance Warriors,   Are you trying to figure out how to train your managers and supervisors on a limited budget? Are you frustrated every time you have to call the training company to find out how much a training program would cost? Wouldn’t you like to have a quick quote that is private and instant? The team at AnderePrepsU.com has heard your frustrations and we are so excited to provide the solution: THE SEMINAR BUILDER! For more information: https://andereprepsu.com/seminar-builder-custom-employee-training/   Be Audit-Secure   Lisa Smith, SPHR, SHRM – SCP Certified EEO Investigator (EEOC) Lead Support and Content Chief – HelpDeskforHR.com “You cannot be audit-proof, […]
- [US Department of Labor Says Louisville Eyeglass Manufacturer Discriminated Against Black and White Applicants in Favor of Hispanic Workers](https://helpdesksuites.com/2021/10/26/us-department-of-labor-says-louisville-eyeglass-manufacturer-discriminated-against-black-and-white-applicants-in-favor-of-hispanic-workers/): Federal contractor Allan Baker Inc. will pay $227K in back wages, interest   A Louisville-based maker of eyeglasses and other optical goods that allegedly discriminated against 654 Black and white applicants for production positions will pay $227,636 in back wages and interest to the applicants, and make 31 job offers as positions become available.   In a conciliation agreement with the U.S. Department of Labor, Allan Baker Inc. – formerly known as Korrect Optical – also agreed to ensure that its selection process, personnel practices and hiring policies are free from discrimination, and its recordkeeping methods meet legal requirements. Allan Baker […]
- [DOJ Indicts Surgical Care Affiliates, LLC for Illegal No-Poaching Agreements](https://helpdesksuites.com/2021/10/26/doj-indicts-surgical-care-affiliates-llc-for-illegal-no-poaching-agreements/):   Hey Compliance Warriors,   Remember the time the DOJ (Dept. of Justice) warned human resource (HR) professionals and others involved in hiring and compensation decisions to potential violations of the antitrust laws? This is a VERY interesting read. Most HR folks have no idea about the gravity of these (often well-meaning) agreements.   In 2016, the DOJ warned HR professionals and any other person that works in the recruiting and hiring process that they could suffer prison time – personally – for violating anti-trust laws. “An agreement among competing employers to limit or fix the terms of employment for potential […]
- [BREAKING NEWS: EEOC Updates COVID-19 Religious Accommodation Against Vaccination Guidance](https://helpdesksuites.com/2021/10/26/breaking-news-eeoc-updates-covid-19-religious-accommodation-against-vaccination-guidance/): Hey Compliance Warriors!   On October 25th, the EEOC updated its COVID-19 vaccination-related guidance for employers. In total, there were 6 updates/edits made to the guidance. Here is the link to the full guidance.  https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws   Let’s take a look at the specifics.   L.1. Do employees who have a religious objection to receiving a COVID-19 vaccination need to tell their employer?  If so, is there specific language that must be used under Title VII? (10/25/21) Employees must tell their employer if they are requesting an exception to a COVID-19 vaccination requirement because of a conflict between that requirement and their sincerely […]
- [Illinois Joins Growing List of States to Take on Non-Compete Agreements](https://helpdesksuites.com/2021/10/22/illinois-joins-growing-list-of-states-to-take-on-non-compete-agreements/): Attorney Harrison Oldham   On January 1, 2022, Illinois will not the growing list of states taking substantial action against non-compete agreements.  The new act will amend the Illinois Freedom to Work Act (“IFWA”) will take effect, and will render non-compete agreements with employees earning less than $75,000 annually unenforceable. Additionally, employers will be prohibited from entering into non-solicitation agreements with employees who earn less than $45,000 annually.  The amendment also imposes strict pre-employment notification requirements and helps protect employees from lawsuits to enforce a non-compete or non-solicitation agreement by imposing mandatory fee-shifting if an employer is unsuccessful in litigation.   […]
- [US DEPARTMENT OF LABOR INVESTIGATION RECOVERS $602K IN BACK WAGES FOR 127 UTAH TILE INSTALLERS, FINDS EMPLOYER VIOLATED OVERTIME RULES](https://helpdesksuites.com/2022/08/31/us-department-of-labor-investigation-recovers-602k-in-back-wages-for-127-utah-tile-installers-finds-employer-violated-overtime-rules/):   C&E Stone Masonry LLC failed to pay overtime for ‘piece work’   An investigation by the U.S. Department of Labor has recovered $602,745, in overtime back wages for 127 employees of a Woods Cross tile installation company that denied them their full wages and benefits.   The department’s Wage and Hour Division found C&E Stone Masonry LLC paid its workers straight time for all hours worked. The employer claimed it incorrectly thought that if it paid its employees by piece work, they did not have to pay overtime. By doing so, C&E Stone paid straight time for all hours worked, including hours over […]
- [US DEPARTMENT OF LABOR RECOVERS $67K IN BACK PAY FOR 29 WORKERS AFTER AKRON EMPLOYER FAILS TO MEET PAYROLL FOR MORE THAN TWO MONTHS](https://helpdesksuites.com/2022/08/31/us-department-of-labor-recovers-67k-in-back-pay-for-29-workers-after-akron-employer-fails-to-meet-payroll-for-more-than-two-months/): Investigation finds McNeil & NRM Inc. allowed employees to work without pay Federal wage investigators have recovered $67,294 in unpaid wages for 29 workers after their Akron employer, a tire equipment maker, allowed them to work for months without pay. The U.S. Department of Labor’s Wage and Hour Division found McNeil and NRM Inc. failed to pay workers for two-and-one-half months in 2022. The Fair Labor Standards Act mandates that wages are due on the regular payday for the pay period covered. “Workers cannot be expected to bear the burden of the employer’s financial issues which, in this case, left them wondering if […]
- [US DEPARTMENT OF LABOR ALLEGES KILLEEN NEWSPAPER RETALIATED ILLEGALLY AGAINST WORKER WHO COMPLAINED OF INSECT INFESTATION, FILES SUIT AGAINST COMPANY](https://helpdesksuites.com/2022/08/31/us-department-of-labor-alleges-killeen-newspaper-retaliated-illegally-against-worker-who-complained-of-insect-infestation-files-suit-against-company/): Reporter suffered bug bites, fired for complaining to management   While media organizations depend on their reporters’ abilities to expose issues of public concern, a journalist at the Killeen Daily Herald found themselves out of a job when they complained to the newspaper’s management that they believed fleas had infested their workplace, leaving them with bug bites.   Following a whistleblower investigation, the U.S. Department of Labor has filed suit against the paper, owned by Frank Mayborn Enterprises Inc., after the department’s Occupational Safety and Health Administration found the company violated federal laws that protect workers who report workplace safety and health issues. […]
- [Fourth Circuit Rules that ADA Protects Gender Dysphoria](https://helpdesksuites.com/2022/08/29/fourth-circuit-rules-that-ada-protects-gender-dysphoria/): Attorney Harrison Oldham       On August 16, 2022, the Fourth Circuit Court of Appeals issued the historic decision of Williams v. Kincaid, where the Court held that gender dysphoria qualifies as a disability under the Americans with Disabilities Act of 1990 (“ADA”) and Rehabilitation Act.   The decision is the first of its kind from a Federal Court of Appeals.   Background Ms. Williams, a transgender woman with gender dysphoria, was incarcerated in a Virginia correctional facility.  Before her incarceration, Ms. Williams received medical treatment for gender dysphoria for 15 years, including hormone therapy in the form of a […]
- [H.R. Questions: How to I handle SUTA when employees for remote employees?](https://helpdesksuites.com/2022/08/23/h-r-questions-how-to-i-handle-suta-when-employees-for-remote-employees/):   Unemployment is usually paid to the state where the work is performed. But, there is a set of 4 tests you should review to be sure.  https://oui.doleta.gov/dmstree/uipl/uipl2k4/uipl_2004a1.htm Localization of service Base of operations Direction and control Residence Only move on to the next test if an employee’s situation doesn’t fit the test. For example, if an employee’s service is localized, don’t use the base of operations test. Localization of service The first question you must ask is whether the employee’s service is localized in the state. An employee’s work is localized if they work entirely from that state. It is […]
- [H.R. Questions: How to I handle state and local income tax when employees live in one state but work in another?](https://helpdesksuites.com/2022/08/23/h-r-questions-how-to-i-handle-state-and-local-income-tax-when-employees-live-in-one-state-but-work-in-another/):   For states with reciprocity agreements, workers only pay taxes in the state where they live, not the state where they perform the work. As an example, a person who lives in VA but works in West VA would not have to pay state taxes in West VA, because the two states have a tax reciprocity agreement. This goes for local taxes also.   If the two states do not have reciprocity, tax must be paid to both states but a credit for tax paid to the non-resident state is usually available from the state of residence at tax time.   Here […]
- [Understanding Colorado’s New Paid Family and Medical Leave Insurance (FAMLI) Program](https://helpdesksuites.com/2022/08/23/understanding-colorados-new-paid-family-and-medical-leave-insurance-famli-program/): Compliance Coffee Talk: A Colorado Webinar Series DATE & TIME.   Wednesday, August 24, 2022.  9:00 am–9:45 am PDT REGISTER NOW Questions?  Contact Kaylie Rogers at krogers@littler.com   This presentation will provide an overview of Colorado’s new statewide paid family and medical leave insurance program, which takes partial effect January 1, 2023. Topics covered include: Who is covered The amount of paid leave available How to calculate and pay premiums The option to participate in private plans versus the state’s program The program’s interaction with other leave programs (e.g., HFWA, FMLA, paid time-off, short- and long-term disability, etc.) Requirements and deadlines under […]
- [COURT FINDS MOTHER, DAUGHTER TRIED TO AVOID PAYING OVERTIME TO PITTSBURGH-AREA HEALTHCARE WORKERS, ORDERS PAYMENT OF $2.4M IN OVERTIME BACK WAGES](https://helpdesksuites.com/2022/08/23/court-finds-mother-daughter-tried-to-avoid-paying-overtime-to-pittsburgh-area-healthcare-workers-orders-payment-of-2-4m-in-overtime-back-wages/): Elder Resource Management Inc. used separate company to disguise overtime hours   A federal court has ordered a Pennsylvania mother and daughter to pay more than $2.4 million in overtime back wages and liquidated damages, after a three-day trial confirmed the pair used illegal pay practices to avoid paying full wages to 345 workers who provided daily living assistance and home healthcare in the Pittsburgh area.   On Aug. 5, 2022, Judge Christy Criswell Weigand of the U.S. District Court for the Western District of Pennsylvania found Anna Zaydenberg, owner of Elder Resource Management Inc., operating as ComForCare Home Care, and her […]
- [H.R. Questions: What is the current status of the I-9 flexibilities AND are we getting a NEW I-9 this year?](https://helpdesksuites.com/2022/08/22/h-r-questions-what-is-the-current-status-of-the-i-9-flexibilities-and-are-we-getting-a-new-i-9-this-year/):   The current I-9 expires on October 31st. So, as per the usual mode of operation, we will either get notice of an extension of use for this form or a new form on or around October 31st. Many changes have been proposed for the new I-9 so we do expect a new form in the coming months. https://www.natlawreview.com/article/new-form-i-9-works  Stay tuned!   The temporary flexibility allowance and guidance were set to expire on April 30, 2022. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibilities until Oct. 31, 2022.   See the original ICE news release from March 20, […]
- [ICE Proposes to Allow Permanent Remote I-9 Document Review and YOU Get a Say in the Matter](https://helpdesksuites.com/2022/08/17/ice-proposes-to-allow-permanent-remote-i-9-document-review-and-you-get-a-say-in-the-matter/):   DHS is proposing to allow for alternative procedures for documents required by the Form I-9, Employment Eligibility Verification. This proposed rule would create a framework under which the Secretary of Homeland Security (the Secretary) could authorize alternative options for document examination procedures with respect to some or all employers.   Such procedures could be implemented as part of a pilot program, or upon the Secretary’s determination that such procedures offer an equivalent level of security, or as a temporary measure to address a public health emergency declared by the Secretary of Health and Human Services pursuant to Section 319 of […]
- [Is New York City’s FIFA Law Poised to Take Center Stage?](https://helpdesksuites.com/2022/08/17/is-new-york-citys-fifa-law-poised-to-take-center-stage/): Attorney Harrison Oldham       One of New York City’s appellate courts recently issued the first appellate decision interpreting New York City’s Freelance Isn’t Free Act (“FIFA”).  The case is Chen v. Romona Keveza Collection LLC.  In Chen, the plaintiffs were a photographer and a model that claimed the defendants violated FIFA by improperly withholding payments for services provided to the defendants.   As with other New York City laws, under FIFA, a freelance worker may file an administrative complaint before bringing an action in court but is not required to do so, which is exactly what happened in Chen.  There, the plaintiffs […]
- [WING STOP FRANCHISEE ILLEGALLY DEDUCTS UNIFORM, TRAINING, BACKGROUND CHECK COSTS; US LABOR DEPARTMENT RECOVERS $51K FOR 244 WORKERS](https://helpdesksuites.com/2022/08/16/wing-stop-franchisee-illegally-deducts-uniform-training-background-check-costs-us-labor-department-recovers-51k-for-244-workers/): Boss Wings Enterprises LLC also assessed $62K in civil money penalties   The operator of five Wing Stop franchise locations in Mississippi who made employees pay for their uniforms, safety training, background checks and cash register shortages – and violated child labor regulations – has been held accountable by the U.S. Department of Labor, and paid $114,427 in back wages, liquidated damages and civil penalties.   The department’s Wage and Hour Division investigation into the pay practices of Boss Wings Enterprises LLC in Southaven discovered several violations of the Fair Labor Standards Act, including the following: Minimum wage violations when paycheck deductions for uniforms […]
- [US DEPARTMENT OF LABOR CITES NEW JERSEY-BASED PACKAGING MANUFACTURER FOR 25 VIOLATIONS AFTER INVESTIGATION OF OHIO WORKER’S 2ND-DEGREE BURNS](https://helpdesksuites.com/2022/08/16/us-department-of-labor-cites-new-jersey-based-packaging-manufacturer-for-25-violations-after-investigation-of-ohio-workers-2nd-degree-burns/): International Cushioning Co. faces $177K in OSHA penalties   A federal workplace safety investigation into how a 25-year-old manufacturing worker suffered serious arm burns in February that required hospitalization, determined his Ohio employer failed to follow required federal safety standards that might have prevented the incident.   The U.S. Department of Labor’s Occupational Safety and Health Administration opened an inspection of International Cushioning Co. in Fremont on Feb. 10, 2022, after learning of the injury and receiving a referral by the local fire department alleging fire hazards due to poor housekeeping of combustibles and flammables.   OSHA learned the worker was […]
- [EEOC Sues Lacey’s Place for Pay Discrimination](https://helpdesksuites.com/2022/08/16/eeoc-sues-laceys-place-for-pay-discrimination/): Gaming Parlor Chain Paid Female Workers Less, Federal Agency Charges   Lacey’s Place LLC Series Midlothian, doing business as Lacey’s Place, which owns and operates more than 30 video gaming parlors in Illinois, violated civil rights law by paying female district managers lower wages than male district managers on the basis of sex, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.   According to EEOC’s lawsuit, female district managers were paid less than their male coworkers since at least March 2018. Several female district managers had similar or more experience and education than their male […]
- [CDC streamlines COVID-19 guidance to help the public better protect themselves and understand their risk](https://helpdesksuites.com/2022/08/15/cdc-streamlines-covid-19-guidance-to-help-the-public-better-protect-themselves-and-understand-their-risk/): On August 11th, 2022, the CDC issued new guidance streamlining its COVID-19 guidance to help people better understand their risk, how to protect themselves and others, what actions to take if exposed to COVID-19, and what actions to take if they are sick or test positive for the virus. COVID-19 continues to circulate globally, however, with so many tools available to us for reducing COVID-19 severity, there is significantly less risk of severe illness, hospitalization and death compared to earlier in the pandemic.   “We’re in a stronger place today as a nation, with more tools—like vaccination, boosters, and treatments—to protect […]
- [EEOC SUES ASPIRE NURSING HOMES FOR SEXUAL ORIENTATION DISCRIMINATION](https://helpdesksuites.com/2022/08/09/eeoc-sues-aspire-nursing-homes-for-sexual-orientation-discrimination/): Maintenance Director Unlawfully Fired Because of His Sexual Orientation, Federal Agency Charged Aspire Regional Partners, Inc., MSTC Development, Inc., and their nursing homes known as the Northwood Assisted Living and Northwood Skilled Nursing and Rehabilitation Facilities (collectively, “Aspire”), violated federal law when they discriminated against a maintenance director because of his sexual orientation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today. According to the EEOC’s lawsuit, Aspire discriminated against the maintenance director because of his sexual orientation, including falsely accusing him of performance deficiencies and firing him. Aspire and MSTC Development manage and operate nursing […]
- [US DEPARTMENT OF LABOR FINDS E-COMMERCE WAREHOUSE OPERATOR OWES MORE THAN $1M IN BACK WAGES TO 995 WORKERS IN KENTUCKY, CALIFORNIA](https://helpdesksuites.com/2022/08/08/us-department-of-labor-finds-e-commerce-warehouse-operator-owes-more-than-1m-in-back-wages-to-995-workers-in-kentucky-california/): Investigation discovers systemic pay practice violations by WIN.IT America Inc.   The initial discovery of illegal pay practices at a Hebron, Kentucky, warehouse by the U.S. Department of Labor led to a broader investigation that found systemic overtime violations by a California-based warehouse operator and e-commerce distributor, and a determination that the employer owes $1,025,909 in back wages to 995 warehouse workers in Kentucky and California.   Investigators with the department’s Wage and Hour Division found that WIN.IT America Inc. – the U.S. branch of WINIT Information Technology Co. in Hong Kong, an e-commerce supply chain solution provider – failed to include merit-based bonuses […]
- [US DEPARTMENT OF LABOR BEGINS INITIATIVE HIGHLIGHTING MATERNAL HEALTH, WORKPLACE PROTECTIONS FOR EXPECTANT, NEW MOTHERS IN AUGUST](https://helpdesksuites.com/2022/08/08/us-department-of-labor-begins-initiative-highlighting-maternal-health-workplace-protections-for-expectant-new-mothers-in-august/): Coinciding with National Breastfeeding Month, Maternal Health Series launches   The U.S. Department of Labor will begin a series of events in August to highlight the importance of maternal health and workplace protections for expectant and new mothers as the country marks National Breastfeeding Month.   On Aug. 10, the department’s Wage and Hour Division and Women’s Bureau will present “Working Mothers: What to Expect from Your Employer When You’re Expecting,” a public webinar from 1 to 2:30 p.m. EDT. Attendance is free, but registration is required.   The first in the department’s Maternal Health Series, the event will bring together representatives of the division and the bureau, […]
- [Supreme Court Clarifies that Private USERRA Suits May Be Brought Against State Entities](https://helpdesksuites.com/2022/08/03/supreme-court-clarifies-that-private-userra-suits-may-be-brought-against-state-entities/): Attorney Harrison Oldham     Recently, the United States Supreme Court decided that a veteran could sue his former employer, the Texas Department of Public Safety (“DPS”), under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).  The case is Torres v. Texas Department of Public Safety, and the key takeaway is that state employers cannot invoke sovereign immunity as a defense to suits brought under USERRA, which is an important decision for the many state employers that employ veterans.   As a brief note, USERRA protects military service members and veterans from employment discrimination based on their service and […]
- [Sitting Pretty in California](https://helpdesksuites.com/2022/08/03/sitting-pretty-in-california/): Attorney Harrison Oldham     In California, an employee is entitled to use a seat while working if the nature of the work reasonably permits the use of a seat.  An employer is required, in that circumstance, to “provide” the employee with a suitable seat.   Recently, in Meda v. Autozone, Inc., a California Court of Appeal took a serious look at what it means to “provide” a suitable seat.  Ultimately, the Court of Appeal held that despite chairs being present at the store where the plaintiff worked, and the fact that the plaintiff used a chair for two days, there […]
- [Department of Justice To Start Website and Mobile Accessibility Rulemaking For State And Local Governments Next Year](https://helpdesksuites.com/2022/08/03/department-of-justice-to-start-website-and-mobile-accessibility-rulemaking-for-state-and-local-governments-next-year/): Attorney Harrison Oldham     Last year saw an upswing in people filing lawsuits under Title III of the Americans with Disabilities Act (“ADA”), which prohibits businesses open to the public from discriminating against people with disabilities – whether in their brick-and-mortar buildings or their online websites.   What may come as a surprise is that many of those lawsuits have focused on website accessibility.  Courts have been slammed over the last few years with lawsuits filed by individuals with disabilities claiming that businesses’ websites are not accessible to them. These lawsuits, filed mostly by people with sight or hearing disabilities, […]
- [Reminder: DHS To End COVID-19 Temporary Policy for Expired List B Identity Documents](https://helpdesksuites.com/2022/08/03/reminder-dhs-to-end-covid-19-temporary-policy-for-expired-list-b-identity-documents/): DHS is ending the COVID-19 Temporary Policy for List B Identity Documents. Beginning May 1, Employers will no longer be able to accept expired List B documents. DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS will end this flexibility. Starting May 1, 2022, employers must only accept unexpired List B documents. If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Forms I-9 by July 31, […]
- [Timely Information for SSA TNC (Mismatches)](https://helpdesksuites.com/2022/08/03/timely-information-for-ssa-tnc-mismatches/):   E-Verify Employers: In Case You Missed It! Timely Information for SSA TNC (Mismatches) For E-Verify cases referred on or after July 15, 2022, E-Verify will no longer provide extended timeframes for employees to visit SSA to resolve these Tentative Nonconfirmation (mismatches) case results. However, E-Verify cases referred between March 2, 2020, to July 14, 2022, with a SSA mismatch will still have an extended timeframe to be resolved. See the Social Security Resumes E-Verify Operations Webpage or E-Verify User Manual for more information.     Be Audit-Secure!   Lisa Smith, SPHR, SCP Become a HelpDeskforHR.com Member and get a $110 Discount! Pay Just $689 annually (reg. $799 annually) […]
- [EEOC Updates COVID-19 Guidance](https://helpdesksuites.com/2022/07/15/eeoc-updates-covid-19-guidance-2/): On July 12th, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 guidance.   Here are the redlined changes provided by attorney Eric B Meyer of FisherBroyles LLP.   But the EEOC wants you to pay close attention to the updated circumstances under which employers may test employers for COVID-19 at work: EEOC is updating a number of Q&As on July 12, 2022, including A.6. EEOC’s assessment at the outset of the pandemic was that the ADA standard for conducting medical examinations was, at that time, always met for employers to conduct worksite COVID-19 viral screening testing. With the revision of A.6, below, on July […]
- [Heavenly Hands Home Healthcare LLC falsified records to show payment of wages DURING AN INVESTIGATION says DOL](https://helpdesksuites.com/2022/07/15/heavenly-hands-home-healthcare-llc-falsified-records-to-show-payment-of-wages-during-an-investigation-says-dol/): File this one under SERIOUSLY and WTFUDGE!   The U.S. District Court for the Eastern District of Virginia has issued a preliminary injunction against a Chesapeake home healthcare provider to prevent the employer from obstructing a U.S. Department of Labor investigation, retaliating against employees who cooperate with investigators and  demanding kickbacks of back wages assessed by the department’s Wage and Hour Division.   The court’s action also requires Heavenly Hands Home Healthcare LLC to provide the department with payroll records – including time and attendance records from July 10, 2018 through the present – and provide notice to all employees regarding their rights […]
- [Court Reminds That You Don’t Always Get Points For Creativity](https://helpdesksuites.com/2022/07/15/court-reminds-that-you-dont-always-get-points-for-creativity/): Attorney Harrison Oldham       Because there is no federal law prohibiting or limiting an employer’s use of non-competition agreements and other restrictive covenants in employment contracts, many states have enacted their own laws controlling restrictive covenant agreements within their boundaries.   Although many states have implemented their own unique laws, one rule that generally holds is that courts are more inclined to enforce a non-compete agreement when it is implemented in connection with the sale of a business. However, as with everything, people and companies will always attempt to push a law to its limits.One recent example came on […]
- [US DEPARTMENT OF LABOR INVESTIGATION RECOVERS $124K FOR 40 WORKERS OF HAMPTON BEACH CLOTHING RETAILER, ASSESSES $18K IN PENALTIES](https://helpdesksuites.com/2022/07/13/us-department-of-labor-investigation-recovers-124k-for-40-workers-of-hampton-beach-clothing-retailer-assesses-18k-in-penalties/): The Shirt Factory of Hampton Beach LLC willfully violated Fair Labor Standards Act   The U.S. Department of Labor’s Wage and Hour Division has recovered $123,750 in back wages and liquidated damages for 40 workers of a Hampton Beach clothing retailer after finding the employer paid some employees cash off the books and paid straight time for overtime for hours over 40 in a workweek.   Investigators found that the employer, The Shirt Factory of Hampton Beach LLC – which operates as The Shirt Factory – also failed to pay one worker wages for nearly a month.   The division determined the employer also did […]
- [US DEPARTMENT OF LABOR, CDC, US SURGEON GENERAL SEEK PUBLIC INPUT IN NATIONAL ONLINE DIALOGUE ON LONG COVID’S WORKPLACE CHALLENGES](https://helpdesksuites.com/2022/07/13/us-department-of-labor-cdc-us-surgeon-general-seek-public-input-in-national-online-dialogue-on-long-covids-workplace-challenges/): Beginning today, dialogue will gather ideas, and comments on how to support workers better    In an effort to better understand long COVID-19 in U.S. workplaces, the U.S. Department of Labor, the Centers for Disease Control and Prevention and the U.S. Surgeon General are inviting the public to join a national online dialogue beginning today to gather ideas to better support workers coping with symptoms, their co-workers and their employers.   By some estimates, one in five people infected with COVID in the U.S. may experience a wide range of symptoms lasting three or more months that includes shortness of breath, fatigue, brain fog, heart palpitations, headaches, anxiety, depression […]
- [Applebee’s to Pay $100,000 to Settle EEOC Lawsuit Over Sexual Orientation and Race Discrimination, Retaliation for Complaining](https://helpdesksuites.com/2022/07/13/applebees-to-pay-100000-to-settle-eeoc-lawsuit-over-sexual-orientation-and-race-discrimination-retaliation-for-complaining/): Plant City Restaurant Subjected Black Employee to Racial and Homophobic Epithets, Then Forced Him to Quit, Federal Agency Charged   Neighborhood Restaurant Partners Florida, LLC (NRP), which operates an Applebee’s Neighborhood Bar & Grill restaurant in Plant City, Florida, has agreed to pay $100,000 and furnish comprehensive injunctive relief to settle a sexual orientation and race discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.   According to the EEOC’s lawsuit, two members of the restaurant’s staff verbally harassed a black employee by subjecting him to racial and homophobic epithets on a consistent basis. […]
- [Rover’s Place to Pay $60,000 to Settle EEOC Disability Case](https://helpdesksuites.com/2022/07/13/rovers-place-to-pay-60000-to-settle-eeoc-disability-case/): Dog Kennel Company Subjected a Recovering Opioid Addict to Hostile Work Environment, Federal Agency Charged   A dog kennel company in suburban Chicago, Rover’s Place, will pay $60,000 and furnish other relief to settle a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. The EEOC charged alleging that Rover’s Place subjected an employee to a hostile work environment, inquired into his medical history, and forced him to quit his job because of his opioid addiction disability.   According to the EEOC’s lawsuit, the employee worked without incident at Rover’s Place until one of the […]
- [EEOC Sues Aurora Pro Services for Religious Discrimination](https://helpdesksuites.com/2022/07/13/eeoc-sues-aurora-pro-services-for-religious-discrimination/): Company Fired Employees for Refusing to Participate in Mandatory Prayer Meetings, Federal Agency Charges   North Carolina-based company Aurora Renovations and Developments, LLC, doing business as Aurora Pro Services, a residential home service and repair company, violated federal law when it required employees to participate in religious prayer sessions as a condition of employment and retaliated against employees who opposed the unlawful practice, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.   According to the EEOC’s lawsuit, since at least June 2020, the company required all employees to attend daily employer-led Christian prayer meetings. The meetings […]
- [EEOC Sues Staffing Company for National Origin Discrimination](https://helpdesksuites.com/2022/07/13/eeoc-sues-staffing-company-for-national-origin-discrimination/): ResourceMFG Rejected Naturalized Citizen Because She Was Born in Germany, Federal Agency Charges   ResourceMFG, a national manufacturing specialty staffing company, violated federal law when it failed to refer an Oklahoma job applicant for employment because she was not born in the United States, the U.S. Equal Employment Oppor­tunity Commission (EEOC) charged in a recently filed lawsuit.   According to the EEOC’s suit, Anke Hicks, a German-born naturalized U.S. citizen, interviewed with a ResourceMFG recruiter in February 2020 and was offered a position at XPO Logistics, a federal government contractor, that required U.S. citizenship. ResourceMFG told Hicks that in order to […]
- [California Redefines Close Contact and Quarantine Periods](https://helpdesksuites.com/2022/07/01/california-redefines-close-contact-and-quarantine-periods/):   Hey Compliance Warriors!   On June 8th, California redefined “close contact” and the parameters for “isolation and quarantine periods”. CA employers may wish to adjust their policies and procedures to come into compliance with this order. https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Order-of-the-State-Public-Health-Officer-Beyond-Blueprint.aspx   For the purposes of the California Department of Public Health’s recommendations regarding isolation and quarantine periods for persons infected with or exposed to COVID-19, the following definitions apply: a. Close Contact  is defined as someone sharing the same indoor airspace (e.g., home, clinic waiting room, airplane etc.) for a cumulative total of 15 minutes or more over a 24-hour period (for example, […]
- [EEOC SUES HOBBY LOBBY FOR  DISABILITY DISCIMINATION](https://helpdesksuites.com/2022/07/01/eeoc-sues-hobby-lobby-for-disability-discimination/): Company Refused to Allow Service Dog as Reasonable Accommodation,   Hobby Lobby Stores, Inc., a national arts-and-crafts retailer, violated federal law when it refused to reasonably accommodate a cashier at its Olathe, Kansas store by allowing her to use a service dog and then fired her because of her disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.   According to the suit, the employee advised her manager that she needed to bring her fully trained service dog to work to assist her with symptoms caused by PTSD, anxiety and depression. The company’s human resources representative […]
- [Just Like Everything Else – Arbitration Is All About Timing](https://helpdesksuites.com/2022/06/29/just-like-everything-else-arbitration-is-all-about-timing/): Attorney Harrison Oldham   Recently, the United States Supreme Court reminded employers who wish to arbitrate disputes with their employees that they must assert the right to arbitrate promptly.  Specifically, in Morgan v. Sundance, Inc., 142 S.Ct. 1708 (2022), the Supreme Court made it easier for employees to show that an employer’s delay constitutes a waiver of the right to arbitrate.   Background:   In Morgan, the plaintiff, Robyn Morgan, worked as an hourly employee at the defendant’s Taco Bell franchise.  When she applied for the job, she signed an agreement to “use confidential binding arbitration, instead of going to court” to resolve any […]
- [H.R. Questions: How Much Time Off Should an Employer Provide for Bereavement Leave?](https://helpdesksuites.com/2022/06/24/h-r-questions-how-much-time-off-should-an-employer-provide-for-bereavement-leave/):   Generally, bereavement leave is trending among our members at 3-5 days unpaid or the worker can use sick/vacation/PTO to cover the days.   The Bureau of Labor Statistics says this:  https://www.bls.gov/opub/btn/volume-2/paid-leave-in-private-industry-over-the-past-20-years.htm Paid funeral leave provides time off from work because of a death in the family. The period of absence is usually limited to a few days (for example, 3 paid days for immediate family members and 1 paid day for other relatives).   Our members generally provide paid bereavement leave days if the person has accrued leave. Some larger companies do provide paid time for bereavement in addition to accrued time off. This is […]
- [Performance Evaluation Center Demonstration – HelpDeskforHR.com](https://helpdesksuites.com/2022/06/22/performance-evaluation-center-demonstration-helpdeskforhr-com/):     Hey Compliance Warriors! Last month we announced our plan to launch the Performance Evaluation Center (PEC) in HelpDeskforHR.com. Well, we are almost ready to launch the new and improved version of the PEC so, Mason (the developer) and I want to have an open Zoom Call to demo the new PEC, answer your questions, and get your feedback. When: Thursday, June 23rd, 1-2 pm CENTRAL Registration  Link: https://us02web.zoom.us/meeting/register/tZAoc-GqrzMqGt363pCsvP7Iyp0DE5zUwA9g  (copy/paste into your browser if you cannot click to open) This demo will be recorded. So, if you cannot attend the LIVE demo, please register anyway and I will forward a replay link to everyone […]
- [5th Circuit Rules Employer Can Be Unreasonable When Terminating Employees](https://helpdesksuites.com/2022/06/22/5th-circuit-rules-employer-can-be-unreasonable-when-terminating-employees/): Attorney Harrison Oldham     On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a terminated employee failed to create a genuine dispute of material fact as to pretext.  The case is Owens v. Circassia Pharmaceuticals, Inc., where the court affirmed summary judgment despite recognizing that the former employee had presented “substantial evidence” that could lead a reasonable jury to conclude that the employer’s stated reason for termination—her poor job performance—was false.  Importantly, the court noted, that the employee’s case critically lacked evidence that the employer “was […]
- [H.R. Questions: How Does the 50 Employees Over 20 Weeks Actually Work for FMLA Coverage?](https://helpdesksuites.com/2022/06/22/h-r-questions-how-does-the-50-employees-over-20-weeks-actually-work-for-fmla-coverage/): Hey Compliance Warriors!   I get questions every week related to FMLA and how to count the 50 employees each year. I hope this helps clear up the question.   A private-sector employer is covered by the FMLA if it employs 50 or more employees in 20 or more workweeks in the current or previous calendar year. An employee is considered to be employed each working day of the calendar week if the employee works any part of the week. The workweeks do not have to be consecutive.   Employees who must be counted include: • Any employee who works in the […]
- [FEDERAL COURT APPROVES ORDER FOR SUCCASUNNA LANDSCAPER TO PAY $400K IN BACK WAGES, DAMAGES TO 32 WORKERS DENIED OVERTIME WAGES](https://helpdesksuites.com/2022/06/22/federal-court-approves-order-for-succasunna-landscaper-to-pay-400k-in-back-wages-damages-to-32-workers-denied-overtime-wages/): US Labor Department investigation, litigation holds Fullerton Landscapes, LLC accountable   A federal court has approved a consent judgment ordering a Succasunna landscaping company and its owner to pay $400,000 in back wages and damages after the U.S. Department of Labor found the employer denied 32 of its workers the overtime pay they earned.   The court’s action follows an investigation by the department’s Wage and Hour Division that determined Fullerton Landscapes LLC – operating as Fullerton Landscape Architects – and owner Douglas B. Fullerton failed to pay 32 employees time-and-a-half for hours over 40 in a workweek, in violation of the Fair Labor […]
- [Texas Supreme Court Clarifies: Employee Agreements Must Specify When Commissions Are Earned, and Paid, Or Commissions Could Be Owed After The Employee is Terminated](https://helpdesksuites.com/2022/06/19/texas-supreme-court-clarifies-employee-agreements-must-specify-when-commissions-are-earned-and-paid-or-commissions-could-be-owed-after-the-employee-is-terminated/): Attorney Harrison Oldham     For many years, employers and employees regularly litigated whether former employees were owed commissions on sales made before the termination of the employee’s employment.  In some cases, an employment agreement would clarify the issue by clearly providing that commissions would be paid when the employer received payment for a completed sale.  On the other hand, some employment agreements are unclear on the topic.   However, on May 20, 2022, the Supreme Court of Texas, in Perthuis v. Baylor Miraca Genetics Laboratories LLC, clarified the standard to be applied in these situations.   Background In Perthuis, the plaintiff was […]
- [US DOL Field Assistance Bulletin: Rehabilitation Act Section 511 and FLSA Section 14(c)](https://helpdesksuites.com/2022/06/16/us-dol-field-assistance-bulletin-rehabilitation-act-section-511-and-flsa-section-14c/): Today, the Department of Labor’s Wage and Hour Division (WHD) published Field Assistance Bulletin (FAB) 2022-4 that provides additional guidance and clarification on the application of Rehabilitation Act Section 511 and the protections it offers workers employed under Section 14(c) of the Fair Labor Standards Act. Section 511 requires employers with a 14(c) certificate to ensure that workers have received critical resources and information prior to the payment of subminimum wages. The timely provision of these resources and information help maximize opportunities to obtain competitive integrated employment.   The FAB clarifies the following points regarding youth (individuals with disabilities 24 years old and younger) and all individuals […]
- [HR In Aggregate: June 15th, 2022](https://helpdesksuites.com/2022/06/15/hr-in-aggregate-june-15th-2022/): Hey Compliance Warriors!   Here are some of the highlights regarding CA, NY, RI, CO, and MN employment law compliance. Read on…   Alameda County, California Reinstates Mask Mandates On June 2, 2022, the Alameda County Public Health Department announced that face coverings would once again be required in most indoor public settings, including workplaces and offices, effective Friday, June 3, 2022 (the “Order”). The change comes as a result of rising COVID-19 cases in the jurisdiction that have “exceeded the peak of last summer’s Delta wave and are now approaching levels seen during the winter 2020-2021 wave,” even without unreported […]
- [State and Local Minimum Wage Changes for 2022](https://helpdesksuites.com/2022/06/15/state-and-local-minimum-wage-changes-for-2022/):   Hey Compliance Warriors!   Our friends at Littler.com have provided some cool charts to show the updates to state and local minimum wage requirements for 2022.  Read on and adjust as needed!   Pre-July 1, 2022 Changes Jurisdiction Rate Change Date Minimum Wage (Amount of Increase) Minimum Cash Wage (Amount of Increase) Maximum Tip Credit (Amount of Increase) Tucson, AZ1 April 1, 2022 $13.00 (20₵) $10.00 (20₵) $3.00 (No Change) Howard County, MD April 1, 2022 $14.00 (See Footnote) $3.63 (See Footnote) $10.37 (See Footnote) Howard County, MD (Small Employer)2 April 1, 2022 $12.50 (See Footnote) $3.63 (See Footnote) $8.87 […]
- [US DEPARTMENT OF LABOR RECOVERS $161K IN BACK WAGES, DAMAGES FOR 19 GEORGIA AUTO SHOP WORKERS AFTER FINDING MINIMUM WAGE, OVERTIME VIOLATIONS](https://helpdesksuites.com/2022/06/15/us-department-of-labor-recovers-161k-in-back-wages-damages-for-19-georgia-auto-shop-workers-after-finding-minimum-wage-overtime-violations/): Cherokee Tire Service LLC kept first paychecks as uniform deposits, paid overtime incorrectly   A Canton tire retailer and auto shop shortchanged 19 workers by withholding first paychecks and paying overtime at rates lower than required, a U.S. Department of Labor investigation has determined.   Investigators with the department’s Wage and Hour Division found that Cherokee Tire Service LLC kept some workers’ first weekly paychecks as a uniform deposit, which led to violations of the Fair Labor Standards Act. The employer also failed to pay some non-exempt salaried workers time-and-one-half of their regular rate for overtime when they worked more than 40 hours in […]
- [US DEPARTMENT OF LABOR RECOVERS $166K IN BACK WAGES FOR 732 CONVENIENCE STORE WORKERS IN OKLAHOMA CHARGED FOR UNIFORMS, REGISTER SHORTAGES](https://helpdesksuites.com/2022/06/15/us-department-of-labor-recovers-166k-in-back-wages-for-732-convenience-store-workers-in-oklahoma-charged-for-uniforms-register-shortages/): Sparky’s Kwick Stop Stores’ pay deductions made worker wages fall below $7.25 per hour   A recent U.S. Department of Labor investigation found a Shawnee, Oklahoma, gas station and convenience store made illegal deductions from workers’ pay for uniforms and cash register shortages that brought wages below the federally required minimum wage.   The department’s Wage and Hour Division found Modern Oil Co. – operating as Sparky’s Kwick Stop Stores – which required workers to pay for smocks, uniforms and cash register shortages – made deductions from employees’ pay for these items that reduced employee’s hourly rate of pay below $7.25 per hour, […]
- [California Court Deals Arbitration Agreements A Blow](https://helpdesksuites.com/2022/06/13/california-court-deals-arbitration-agreements-a-blow/): Attorney Harrison Oldham     Employers use arbitration agreements for many reasons, including avoiding costly and time-consuming litigation.  Employers often look to courts to enforce their arbitration clauses, either dismissing or staying the case pending completion of arbitration.  However, a California-based employee recently convinced the California Courts of Appeal that his arbitration agreement was too unfair to be enforced, and the court agreed.   In Nunez v. Cycad Mgmt. LLC, Defendant, Cycad Management, LLC (“Cycad Management”), hired Jose Nunez as a gardener and required him to sign an employment agreement. The employment agreement contained an arbitration clause that mandates arbitration of “all disputes […]
- [IRS Raises Mileage Rate Through the End of 2022](https://helpdesksuites.com/2022/06/09/irs-raises-mileage-rate-through-the-end-of-2022/):   Hey Compliance Warriors! The Internal Revenue Service today announced an increase in the optional standard mileage rate for the final 6 months of 2022. Taxpayers may use the optional standard mileage rates to calculate the deductible costs of operating an automobile for business and certain other purposes.   For the final 6 months of 2022, the standard mileage rate for business travel will be 62.5 cents per mile, up 4 cents from the rate effective at the start of the year. The new rate for deductible medical or moving expenses (available for active-duty members of the military) will be 22 […]
- [A Cascade of Enhanced Employee Protections Is Sweeping the Country](https://helpdesksuites.com/2022/06/06/a-cascade-of-enhanced-employee-protections-is-sweeping-the-country/): Attorney Harrison Oldham       With everything the United States economy has gone through in the past couple of years, including what now seem to be ubiquitous staffing shortages, it should not be a surprise that city and state governments are expanding their employee protection laws in various ways. In this article, we will briefly review three laws that are soon to go into force, each of which attempts to provide additional employee protections.   Illinois Amends its One Day Rest in Seven Act On May 13, 2022, Illinois Governor JB Pritzker signed into law Senate Bill (SB) 3146, an […]
- [US DEPARTMENT OF LABOR RECOVERS $283K IN WAGES, LIQUIDATED DAMAGES FOR 19 NEW HAMPSHIRE LANDSCAPING CONTRACTOR WORKERS WILLFULLY DENIED OVERTIME PAY](https://helpdesksuites.com/2022/06/06/us-department-of-labor-recovers-283k-in-wages-liquidated-damages-for-19-new-hampshire-landscaping-contractor-workers-willfully-denied-overtime-pay/):   Hey Compliance Warriors!   Lately, landscapers have been on the hit list for the US DOL. Here is yet another cautionary tale for employers from all industries, but especially landscaping and construciton.   Belko Landscaping LLC also paid $283,020 penalty for intentional violations A federal court has entered a consent order against a Salem landscaping contractor, operating in southern New Hampshire and northeastern Massachusetts, which requires the New Hampshire-based contractor to pay a total of $283,020 – $141,510 in back wages and an equal amount in liquidated damages – to 19 workers to resolve violations of the overtime requirements of […]
- [FEDERAL COURT SENTENCES FLORIDA PHARMACY OWNER TO PAY $865K IN RESTITUTION AFTER US DEPARTMENT OF LABOR FINDS HEALTHCARE FRAUD](https://helpdesksuites.com/2022/06/06/federal-court-sentences-florida-pharmacy-owner-to-pay-865k-in-restitution-after-us-department-of-labor-finds-healthcare-fraud/): Former owner of Assured Rx LLC entered guilty plea for conspiracy to commit health fraud   Following a U.S. Department of Labor investigation, the U.S. District Court for the Western District of Kentucky has sentenced Nitesh Patel to serve 12 months’ probation, including 12 months of home confinement following his Nov. 3, 2021, guilty plea to one count of conspiracy to commit healthcare fraud. The court also ordered Patel to pay $865,240 in restitution, a $10,000 fine and ordered Patel to forfeit $100,000.  Patel paid the $865,240 in restitution and $100,000 in forfeiture monies at sentencing.   EBSA’s investigation found that – […]
- [PADLOCKED, BLOCKED EMERGENCY EXIT DOORS ENDANGERED WORKERS AT WISCONSIN, OHIO DOLLAR GENERAL STORES](https://helpdesksuites.com/2022/06/06/padlocked-blocked-emergency-exit-doors-endangered-workers-at-wisconsin-ohio-dollar-general-stores/): Will Dollar General EVER learn?!?! Safety inspections find company’s history of putting workers at risk continues   The U.S. Department of Labor’s Occupational Safety and Health Administration cited two more Dollar General stores for endangering the safety of their employees, continuing the company’s long history of workplace safety violations nationwide.   In Baldwin, Wisconsin, OSHA inspectors responded to a referral from local fire officials in December 2021 and found emergency exit doors closed and padlocked on the inside with a bike lock and a board. Boxes of merchandise blocked the exit. In an emergency, these conditions would prevent workers and others from exiting […]
- [A Server’s Plea for Help Leads to $1.2 Million in Back Wages](https://helpdesksuites.com/2022/05/31/a-servers-plea-for-help-leads-to-1-2-million-in-back-wages/):   Hey Compliance Warriors!    By: Brian Cleasby • May 18, 2022   Diego Jimenez worked long hours as a server at La Carreta Mexican Restaurant in Derry, New Hampshire for over four years. Diego regularly worked over 50 hours a week, serving customers and cleaning the restaurant, but the only compensation he received for his hard work were the tips paid by restaurant patrons.   “I took pride in the level of service I provided to my customers,” said Diego, “but working only for tips made it so much harder for me to meet my family’s basic needs.” A native Spanish speaker, Diego thought […]
- [DOL Cases Employers Should Review](https://helpdesksuites.com/2022/05/31/dol-cases-employers-should-review/):     DOL Cases to Review $799K for 11 Workers An electrical subcontractor on a federally funded project paid 11 electricians wages and fringe benefits below the legal rate. $624K for 92 Workers We recovered $624K for 92 restaurant workers after finding their employer forced them to participate in an illegal tip pool, leading to wage violations. Failing to Meet H-2A Responsibilities Our investigations found that several farms failed to meet their H-2A responsibilities, leading to the recovery of $225K in back wages, plus $54K in penalties. Child Labor Violations A federal judge has upheld our assessment of $1.9M in civil money penalties […]
- [DOL Reminds Employers Mental Health Issues are Covered Under FMLA](https://helpdesksuites.com/2022/05/31/dol-reminds-employers-mental-health-issues-are-covered-under-fmla/):   The Family and Medical Leave Act (FMLA) provides job-protected leave to address mental health conditions. This fact sheet explains when eligible employees of covered employers may use FMLA leave for their own or a family member’s mental health condition.   FMLA leave is available to: Eligible employees: Employees are eligible if they work for a covered employer for at least 12 months, have at least 1,250 hours of service for the employer during the 12 months before the leave, and work at a location where the employer has at least 50 employees within 75 miles. of Covered Employers: Private employers […]
- [Boss Call June 6th, 2022: LIZARD or WIZARD (Part 1): How to Manage Emotions Under Pressure](https://helpdesksuites.com/2022/05/30/boss-call-june-6th-2022-lizard-or-wizard-part-1-how-to-manage-emotions-under-pressure/): Boss Calls Succeed. Be a Compliance Boss.   Monday, June 6th, 2022  1 – 2:30 pm CENTRAL LIZARD or WIZARD (Part 1): How to Manage Emotions Under Pressure   Hey Bosses!   Join me and my special guest expert, Steve Walrath, for this exciting and very thought-provoking discussion: LIZARD or WIZARD (Part 1): How to Manage Emotions Under Pressure Understand How the Brain Processes Emotions vs. Logic Recognize and Manage the Danger Zones for Key Negative Emotions How to Move Away from Destructive Parent-Child Relationships at Work How to Create a Self-Aware and Self-Correcting Workforce The Presenter: Steve Walrath has 40 […]
- [Los Angeles Superior Court Finds California’s “Women on Boards” Law Unconstitutional](https://helpdesksuites.com/2022/05/26/los-angeles-superior-court-finds-californias-women-on-boards-law-unconstitutional/): Attorney Harrison Oldham       Last week, the Los Angeles Superior Court ruled that California’s landmark law requiring women on corporate boards is unconstitutional.   The case is styled Crest et al. v. Padilla  (“Crest”) and struck down Senate Bill 826 (“SB 826”), also known as the “Women on Boards” law. The conservative legal group Judicial Watch challenged the law, claiming it was illegal to use taxpayer funds to enforce a law that violates the equal protection clause of the California Constitution by mandating a gender-based quota.   Governor Jerry Brown signed SB 826 in 2018. SB 826 mandates that publicly held […]
- [US MARSHALS ARREST VIRGINIA LANDSCAPING COMPANY OWNER WHO FAILED TO COMPLY WITH FEDERAL COURT ORDERS](https://helpdesksuites.com/2022/05/23/us-marshals-arrest-virginia-landscaping-company-owner-who-failed-to-comply-with-federal-court-orders/):   Hey Compliance Warriors!   The US DOL is no joke when it comes to following wage and hour laws. When an investigator uncovers a problem and the employer is non-compliant, jail time may become the next step. Read this cautionary tale about a smallish employer in VA and help Big Boss understand the potential outcome of non-compliance.   Merryman Grounds Maintenance Inc. denied employees minimum wage, overtime   The owner of a Hampton, Virginia, landscaping and snow removal company has been arrested by the U.S. Marshals Service for failing to comply with federal court orders.   After an investigation by […]
- [US DEPARTMENT OF LABOR RECOVERS $39K IN BACK WAGES FOR 28 WORKERS AFTER UNCOVERING OVERTIME VIOLATIONS BY MISSISSIPPI HOME HEALTHCARE AGENCY](https://helpdesksuites.com/2022/05/23/us-department-of-labor-recovers-39k-in-back-wages-for-28-workers-after-uncovering-overtime-violations-by-mississippi-home-healthcare-agency/):   Hey Compliance Warriors!   Here is yet another small employer hit with almost $40k in back wages for 28 healthcare workers who were denied overtime pay. Employer:                              Open Heart Senior Home Care LLC   Investigation site:                  615 Market St., Port Gibson, MS 39150   Investigation findings: U.S. Department of Labor Wage and Hour Division investigators found the employer paid straight-time rates to employees for hours over 40 in a workweek and failed to pay the extra half-time rate as the Fair Labor Standards Act requires. The employer coded these hours under different categories such as training and employee appreciation.   Back Wages […]
- [US DOL TO HOLD LISTENING SESSION FOR SOUTHWEST WORKERS, ADVOCATES, UNION REPRESENTATIVES ON POSSIBLE REVISIONS TO OVERTIME REGULATIONS](https://helpdesksuites.com/2022/05/23/us-dol-to-hold-listening-session-for-southwest-workers-advocates-union-representatives-on-possible-revisions-to-overtime-regulations/):   Hey Compliance Warriors!   The DOL is holding a listening session on May 25th seeking input on the executive, administrative, and professional exemptions. You can join without any requirement to speak. Could be interesting!   The U.S. Department of Labor will hold an online listening session for Southwest employees and their stakeholders on May 25, 2022, on possible revisions to the regulations that enforce the Fair Labor Standards Act’s minimum wage and overtime exemptions for executive, administrative and professional employees.   Since 1938, federal overtime regulations have been a cornerstone of the laws the department’s Wage and Hour Division enforces. These regulations protect workers […]
- [DHS Issues Employment Authorization Document (EAD) Automatic Extension Calculator](https://helpdesksuites.com/2022/05/23/dhs-issues-employment-authorization-document-ead-automatic-extension-calculator/):   Employment Authorization Document (EAD) Automatic Extension Calculator On May 4, 2022, DHS published a temporary final rule (87 FR 26614) amending 8 CFR 274a.13(d). The temporary final rule increases the employment authorization and/or Employment Authorization Document (EAD) automatic extension for certain renewal applicants from up to 180 days to up to 540 days. In order to assist employers and employees with determining the EAD expiration date for eligible employees, USCIS has created the new EAD Automatic Extension Calculator! This calculator will seamlessly calculate the new EAD expiration date for eligible employees. please visit Employment Authorization Document (EAD) Automatic Extension Calculator.   Be Audit-Secure!   Lisa Smith, […]
- [The Double-Locking Rule for Confidential Files: Is it Real or Made-up?](https://helpdesksuites.com/2022/05/13/the-double-locking-rule-for-confidential-files-is-it-real-or-made-up/):   Hey Compliance Warriors!   Occasionally I get a question about the double-locking rule that HR consultants and trainers often recommend or even say is required by law. Here is a recent question and the response I provided after doing some research on the matter. Enjoy!   QUESTION: I’ve seen conflicting information about how to properly store PHI and I’m wondering if it’s a requirement to follow the double-lock rule? Or can we just ensure that proper safeguards are in place to ensure PHI is protected? This is text from an online resource that says the double-lock rule is not true […]
- [EEOC v. BNSF Railway: A Cautionary Tale](https://helpdesksuites.com/2022/05/10/eeoc-v-bnsf-railway-a-cautionary-tale/): UH OH, IT LOOKS LIKE YOU DON’T HAVE ACCESS TO THIS CONTENT! If you’re not yet a member of the HelpDeskforHR.com then you should definitely check that out here – you’ll get access to this content and oh so much more, including courses, resources, and a community of Compliance Warriors. If you are already a member then it looks like you’re not logged in, so just enter your details in the login form below or click here to login and access this content. Having problems logging in? Contact us! We will be happy to confirm your level of access. The post EEOC v. BNSF Railway: A […]
- [Dairy Refuses to Buy Hypo-allergenic Gloves and Instead Pays $79,000 to the Employee](https://helpdesksuites.com/2022/05/10/dairy-refuses-to-buy-hypo-allergenic-gloves-and-instead-pays-79000-to-the-employee/):   Hey Compliance Warriors!   Have you ever received a request for an accommodation and instead of granting the minor request fired the person? I sure hope not. But, someone did and that is why the EEOC is telling us about this $79,000 box of gloves. Dairy Processor Fired Disabled Employee Rather Than Accommodate Her, Federal Agency Charges Agropur, Inc., a dairy processor and U.S. subsidiary of Canadian-based Agropur Cooperative, will pay $79,000 and provide other relief to settle a federal disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC charged that […]
- [CROWN ACT UPDATE](https://helpdesksuites.com/2022/05/09/crown-act-update/): Attorney Harrison Oldham     On March 18, 2022, the U.S. House of Representatives passed the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act. If passed into law, the CROWN Act would become an extension of Title VII of the Civil Rights Act of 1964, where it would prohibit workplace discrimination based on a person’s hair texture or hairstyle, if that style or texture is commonly associated with a particular race or national origin.   Although the federal version of the law is new, at least 13 states and multiple municipalities have already enacted a version of the […]
- [USCIS Issues Temporary Rule to Increase Employment Authorization and/or Employment Authorization Document Validity for Eligible Renewal Applicants](https://helpdesksuites.com/2022/05/05/uscis-issues-temporary-rule-to-increase-employment-authorization-and-or-employment-authorization-document-validity-for-eligible-renewal-applicants/):   Hey Compliance Warriors!   On, May 4, 2022 the Department of Homeland Security published a temporary rule (87 FR 614) that temporarily increases the automatic extension period to up to 540 days for employment authorization and/or Employment Authorization Documents (EAD, Form I‑766) available to certain applicants who have filed Form I‑765, Application for Employment Authorization, renewal applications. This rule also provides eligible noncitizens with a pending renewal application: An additional up to 360‑day extension if their EAD is still covered under the 180‑day automatic extension, for a total of up to 540 days past the “Card Expires” date of the current EAD; or An […]
- [EEOC “Secretly” Announces EEO-1 Filing Extension Provision](https://helpdesksuites.com/2022/05/03/eeoc-secretly-announces-eeo-1-filing-extension-provision/):   Hey Compliance Warriors!   The EEOC has issued a filing extension for employers who do not meet the May 17th deadline.   In their FAQs, they say:   What happens once the Tuesday, May 17, 2022 deadline passes? Will I still be permitted to submit my 2021 EEO-1 Component 1 Report(s) if I have been unable to do so by the May 17, 2022 published deadline?   Yes. Following the May 17, 2022 published deadline, the EEOC will enter the “failure to file” phase. All filers who have not submitted and certified their mandatory 2021 EEO-1 Component 1 Report(s) by […]
- [IRS Announces HSA and High Deductible Health Plan Limits for 2023](https://helpdesksuites.com/2022/05/02/irs-announces-hsa-and-high-deductible-health-plan-limits-for-2023/): Hey Compliance Warriors!   On Friday, April 29th, 2022, the IRS provided the 2023 inflation-adjusted amounts for Health Savings Accounts (HSAs) as determined under § 223 of the Internal Revenue Code and the maximum amount that may be made newly available for excepted benefit health reimbursement arrangements (HRAs) provided under § 54.9831-1(c)(3)(viii) of the Pension Excise Tax Regulations. SECTION 2.   HSA INFLATION-ADJUSTED ITEMS Annual contribution limitation.   For calendar year 2023, the annual limitation on deductions under § 223(b)(2)(A) for an individual with self-only coverage under a high deductible health plan is $3,850.   For calendar year 2023, the annual limitation on deductions […]
- [HR In Aggregate: May 2nd, 2022](https://helpdesksuites.com/2022/05/02/hr-in-aggregate-may-2nd-2022/): UH OH, IT LOOKS LIKE YOU DON’T HAVE ACCESS TO THIS CONTENT! If you’re not yet a member of the HelpDeskforHR.com then you should definitely check that out here – you’ll get access to this content and oh so much more, including courses, resources, and a community of Compliance Warriors. If you are already a member then it looks like you’re not logged in, so just enter your details in the login form below or click here to login and access this content. Having problems logging in? Contact us! We will be happy to confirm your level of access. Username Password Remember Me     Forgot […]
- [Breast Milk v. The Communal Workplace Food Fridge](https://helpdesksuites.com/2022/05/02/breast-milk-v-the-communal-workplace-food-fridge/): Hey Compliance Warriors!   I recently received this question from a member and thought you all might benefit from the research. Enjoy! QUESTION: We have an employee coming back from maternity leave who will be pumping breast milk for her baby… Is she allowed to put that breast milk in the common refrigerator where other employees keep their lunches? ANSWER: Unless the co-workers feel weird about it, keeping it in the food fridge is fine. Breast milk is safe for human consumption and is not a hazardous material like blood or other body fluids. It’s even legal for mothers to share […]
- [Employee’s Uncorroborated Statements Not Enough to Survive Summary Judgment](https://helpdesksuites.com/2022/05/02/employees-uncorroborated-statements-not-enough-to-survive-summary-judgment/): Attorney Harrison Oldham     On April 11, 2022, the court in Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak, granted the employer’s motion for summary judgment and dismissed the employee’s claims of disability discrimination, interference under the Family and Medical Leave Act (FMLA), failure to accommodate a disability, and retaliation.   Before dismissing the employee’s claims, the court addressed whether the employee had offered any evidence of discrimination or retaliation beyond his own speculative beliefs and personal disagreement with his employer’s reason for terminating his employment. Finding no such evidence in the record, the court dismissed the employee’s claims.   […]
- [A Few FAQs Regarding Overtime Exempt Employees](https://helpdesksuites.com/2022/04/27/a-few-faqs-regarding-overtime-exempt-employees/): Hey Compliance Warriors!   Frequently, I get questions from our members asking questions about the requirements surrounding “salaried” employees. There are 2 kinds of salaried workers. Exempt and non-exempt. I am going to discuss a few actual questions surrounding overtime-exempt employees as described in this FLSA fact sheet. https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fs17a_overview.pdf   Can we deduct their pay for working 2 days out of the 5-day work week? Maybe. There are only a few reasons that overtime-exempt employees can suffer salary deductions. Deductions from pay are permissible when an exempt employee: is absent from work for one or more full days for personal reasons other […]
- [Well-Meaning Wellness Breaks: Pros and Cons](https://helpdesksuites.com/2022/04/27/well-meaning-wellness-breaks-pros-and-cons/): Hey Compliance Warriors!   I recently had a question from one of our members that I think is worth sharing. The member wrote: My boss wants to implement a stretching/movement break at work. Can we require employees to stretch and/or walk at a designated time while paid during their normal day?… We are looking for a way to make/encourage our employees to take both the mental and physical time.   My response: This is a very well-meaning policy but you must make this extra break optional. You cannot require a person to walk or stretch unless it is a part of the essential functions […]
- [FEDERAL COURT ORDERS MARYLAND ASSISTED-LIVING FACILITIES TO PAY $950K IN BACK WAGES, DAMAGES, PENALTIES FOR WILLFUL FLSA VIOLATIONS](https://helpdesksuites.com/2022/04/26/federal-court-orders-maryland-assisted-living-facilities-to-pay-950k-in-back-wages-damages-penalties-for-willful-flsa-violations/): IHCC Consent judgment ends lengthy litigation following 2017 investigation   Despite serving the needs of the elderly at four Maryland assisted-living facilities with high-quality, compassionate care, 27 essential workers fell victim to employers who showed little concern for their well-being or for paying them all the wages they legally earned.   A U.S. Department of Labor Wage and Hour Division investigation in September 2017 found Fair Labor Standards Act violations by International Health Care Consultants Inc., company owner and President Lois Peters and Frank Dickerson, who managed four group homes owned and operated by IHCC in Fulton, Columbia and Mount Airy. The investigation included the […]
- [MULTINATIONAL HEALTHCARE SERVICES COMPANY AGREES TO PAY $550K TO RESOLVE ALLEGATIONS OF HIRING DISCRIMINATION AT NORTHERN NEW JERSEY LOCATION](https://helpdesksuites.com/2022/04/26/multinational-healthcare-services-company-agrees-to-pay-550k-to-resolve-allegations-of-hiring-discrimination-at-northern-new-jersey-location/): US Department of Labor review alleges gender, race-based discrimination   IQVIA Inc., a multinational healthcare services company, will pay $550,000 in back wages and interest to 984 qualified female and Black applicants as part of an agreement with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to resolve alleged hiring discrimination at its Parsippany, New Jersey, facility.   An OFCCP compliance review found evidence that – from April 1, 2017 to March 31, 2018 – IQVIA Inc. discriminated against female and Black applicants who applied to work as associate sales consultants. In a conciliation agreement with the U.S. Department of Labor, IQVIA […]
- [Paid Family Leave is Coming to Maryland](https://helpdesksuites.com/2022/04/26/paid-family-leave-is-coming-to-maryland/): Hey Warriors!   On April 9, 2022, Maryland lawmakers voted to enact SB 275, the Time to Care Act of 2022 (the “Act”), making it the 10th state to create a paid family and medical leave program for workers with specific needs.  Paid leave will not become available until January 1, 2025.    Here is a great breakdown of the new law from Seyfarth Shaw LLP, one of the nation’s most reputable employment law firms.  https://www.jdsupra.com/legalnews/maryland-becomes-tenth-state-to-enact-5540151/   Key Dates The Act establishes a Family and Medical Leave Insurance Fund (the “Fund”), and instructs the Maryland Secretary of Labor to adopt regulations […]
- [“Anti-Woke” Law Signed in Florida](https://helpdesksuites.com/2022/04/26/anti-woke-law-signed-in-florida/): Hey Warriors!   Florida Governor Ron DeSantis signed into law so-called “anti-woke” legislation on April 22nd, 2022. This legislation amends the Florida Civil Rights Act and will likely limit the ability of employers to require, as a condition of employment, training that includes discussions of “implicit bias” or “systemic racism”.   The new law will take effect on July 1, 2022, and will apply to Florida organizations employing 15 or more employees company-wide.   Clearly, this is a highly controversial topic and one that will cause many heated discussions among Florida employers and employees alike.   Here is a great article from […]
- [New York State’s Law Requiring Employer Notice of Electronic Monitoring Soon Goes Into Force](https://helpdesksuites.com/2022/04/25/new-york-states-law-requiring-employer-notice-of-electronic-monitoring-soon-goes-into-force/): Attorney Harrison Oldham       Beginning on May 7, 2022, all private employers in New York State will be required to notify employees of electronic monitoring in the workplace.  On Nov. 8, 2021, Governor Kathy Hochul signed new legislation amending New York State’s Civil Rights Law to mandate that employers engaged in electronic monitoring inform employees of the monitoring and obtain an acknowledgment that employees received notice.   Notice, Acknowledgment, and Workplace Posting Requirement The law applies to any employer that “monitors or otherwise intercepts” employee electronic activities such as email, internet usage, and telephone calls. Employers must notify employees […]
- [US Department of Labor Issues New H-2B Field Assistance Bulletins and Field Operations Handbook Chapter](https://helpdesksuites.com/2022/04/13/us-department-of-labor-issues-new-h-2b-field-assistance-bulletins-and-field-operations-handbook-chapter/):   The Wage and Hour Division has undertaken important steps toward safeguarding the rights of U.S. and H-2B workers through the H-2B visa program. To ensure that workers know their rights and employers know their obligations, we are publishing these resources: Field Assistance Bulletin 2022-3: Employment in Unapproved Job Classifications in the H-2B Visa Program. This bulletin reviews how the employment of H-2B workers in an unapproved job classification harms U.S. and H-2B workers and the sanctions and remedies that we may implement to address those harms. Field Assistance Bulletin 2021-3: Overtime Obligations Pursuant to the H-2B Program. This bulletin provides guidance on employers’ obligations to […]
- [Pay Transparency Laws Come to Washington State](https://helpdesksuites.com/2022/04/12/pay-transparency-laws-come-to-washington-state/): Hey Compliance Warriors!   HAVE YOU HEARD? Starting Jan. 1, 2023, employers in Washington State that have 15+ employees must disclose the salary range and a description of all benefits and other compensation in the job posting. Senate Bill 5761 was signed into law on March 30, 2022.   Washington State has now joined New York City and Colorado in requiring salary transparency in job postings. Currently, the law in  Washington says that employers must disclose wage information to applicants only upon their request. Under the new law, job postings are not required, but if job postings are used, employers must include […]
- [Rewards, Incentives, Bonuses and Gifts Paid by Gift Cards are Taxable as Wages](https://helpdesksuites.com/2022/04/12/rewards-incentives-bonuses-and-gifts-paid-by-gift-cards-are-taxable-as-wages/): Hey Compliance Warriors!   Frequently, I get questions about the tax laws surrounding the practice of providing gift cards, cash, or other cash equivalent means of rewarding or compensating employees. Many people are surprised to learn that these payments (or gifts) are actually taxable as wages.   Here are the IRS sources for your review: https://www.irs.gov/government-entities/federal-state-local-governments/de-minimis-fringe-benefits   Cash Benefits Cash is generally intended as a wage, and usually provides no administrative burden to account for. Cash therefore cannot be a de minimis fringe benefit. An exception is provided for occasional meal or transportation money to enable an employee to work overtime. […]
- [EEOC ANNOUNCES OPENING OF 2021 EEO-1 COMPONENT 1 DATA COLLECTION](https://helpdesksuites.com/2022/04/12/eeoc-announces-opening-of-2021-eeo-1-component-1-data-collection/):   The deadline to Submit and Certify Reports is May 17, 2022   The U.S. Equal Employment Opportunity Commission (EEOC) announced today that the 2021 EEO-1 Component 1 data collection is now open. The deadline for submitting and certifying 2021 EEO-1 Component 1 Report(s) is May 17, 2022. To meet this deadline, the EEOC strongly encourages eligible filers to begin the filing process as soon as possible.   For the 2021 EEO-1 Component 1 data collection, the EEOC is continuing to modernize the agency’s EEO data collections and improve the quality of data collected. The EEOC is also improving the filing […]
- [WORKING FOR $2.50 PER HOUR: US DEPARTMENT OF LABOR’S CRACKDOWN ON GROSSLY EXPLOITIVE, ABUSIVE PAY PRACTICES IN SAN DIEGO CONTINUES](https://helpdesksuites.com/2022/04/12/working-for-2-50-per-hour-us-department-of-labors-crackdown-on-grossly-exploitive-abusive-pay-practices-in-san-diego-continues/):   Federal court orders three customs warehouses to pay almost $2M in back wages, penalties   While dozens of companies along the U.S. border in California hire workers from Mexico to labor as warehouse and logistics’ workers in scores of non-descript buildings, U.S. Department of Labor investigators and attorneys are also working hard – to prevent exploitation of these workers and hold employers accountable.   Since a landmark investigation of Premar Global Warehouse Logistics in September 2021, Wage and Hour Division investigators have found three more San Diego-area customs warehouses paying workers in Mexican pesos at an equivalent rate of as little as […]
- [US DEPARTMENT OF LABOR INVESTIGATION FOUND VIRGINIA BEACH FRANCHISEE VIOLATED CHILD LABOR LAWS, FAILED TO PAY EMPLOYEES OVERTIME](https://helpdesksuites.com/2022/04/12/us-department-of-labor-investigation-found-virginia-beach-franchisee-violated-child-labor-laws-failed-to-pay-employees-overtime/): Hey Compliance Warriors!   Have you (or Big Boss) ever thought (or said) “It’s no big deal! What would the fines be? Maybe a few thousand dollars? That’s not enough to get the DOL to come here to investigate a few ‘questionable’ practices. LOLOLOL”   If that has been a conversation in your pale of business, then you will want to read the DOL investigation below. Sure, the back wages came to a measley $3,560. BUT, do you see the Civil Money Penalties? $22,082 + $3,560 = $25,642. Not quite as funny or measley!   Read on…   Minors illegally operated […]
- [HR In Aggregate: Employment Law Updates April 4, 2022](https://helpdesksuites.com/2022/04/04/hr-in-aggregate-employment-law-updates-april-4-2022/): Hey Compliance Warriors!   Here are a few updates to consider if they impact your area or the location of any of your employees.  Enjoy!   Oregon Rule Expands Reasons Employees Can Take Emergency Paid Leave On March 21, 2022, the Oregon Bureau of Labor and Industries (BOLI) adopted a permanent rule, effective April 1, 2022, that expands the reasons employees can use leave under Oregon’s paid sick and safe leave law during a public health emergency. Under the permanent rule, eligible employees may take protected sick leave for absences connected to: (1) an emergency evacuation order of level 2 (SET) […]
- [Sometimes, Being Reasonable Does Prevail](https://helpdesksuites.com/2022/04/01/sometimes-being-reasonable-does-prevail/): Attorney Harrison Oldham       On February 18, 2022, the U.S. Court of Appeals for the First Circuit (which hears cases from Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) affirmed a district court decision granting the town of Brookline, Massachusetts’s motion for summary judgment in a case brought by a former garbage collector.  The former employee brought his action alleging that Brookline violated his equal protection rights in terminating his employment.  The Court’s decision, which is rooted in Brookline’s efforts to reasonably accommodate the plaintiff’s disability, provides a helpful guide for employers on navigating complex accommodation requests.   […]
- [Acting AG Platkin Announces $195,000 Settlement in Division on Civil Rights Case Alleging Denial of Family Leave and Breastfeeding Rights](https://helpdesksuites.com/2022/03/31/acting-ag-platkin-announces-195000-settlement-in-division-on-civil-rights-case-alleging-denial-of-family-leave-and-breastfeeding-rights/): Hey Compliance Warriors!   Do you know the rules that apply between your state’s family leave laws and federal FMLA?   If you are in New Jersey, you will want to pay close attention to this recent settlement that cost an employer $195,000 because the employer did not understand the interplay between FMLA and NJFLA.  Read on…   Acting Attorney General Matthew J. Platkin announced today that the Division on Civil Rights (DCR) has obtained a $195,000 settlement on behalf of a former corporate marketing director who alleged she was retaliated against – and ultimately fired – for taking pregnancy-related family […]
- [Clone of CDC Published a Quarantine and Isolation Calculator](https://helpdesksuites.com/2022/03/30/clone-of-cdc-published-a-quarantine-and-isolation-calculator/): UH OH, IT LOOKS LIKE YOU DON’T HAVE ACCESS TO THIS CONTENT! If you’re not yet a member of the HelpDeskforHR.com then you should definitely check that out here – you’ll get access to this content and oh so much more, including courses, resources, and a community of Compliance Warriors. If you are already a member then it looks like you’re not logged in, so just enter your details in the login form below or click here to login and access this content. Having problems logging in? Contact us! We will be happy to confirm your level of access. Username Password Remember Me     Forgot […]
- [CDC Published a Quarantine and Isolation Calculator](https://helpdesksuites.com/2022/03/28/cdc-published-a-quarantine-and-isolation-calculator/): UH OH, IT LOOKS LIKE YOU DON’T HAVE ACCESS TO THIS CONTENT! If you’re not yet a member of the HelpDeskforHR.com then you should definitely check that out here – you’ll get access to this content and oh so much more, including courses, resources, and a community of Compliance Warriors. If you are already a member then it looks like you’re not logged in, so just enter your details in the login form below or click here to login and access this content. Having problems logging in? Contact us! We will be happy to confirm your level of access. Username Password Remember Me     Forgot […]
- [Virginia Revokes COVID-19 Health and Safety Standards](https://helpdesksuites.com/2022/03/28/virginia-revokes-covid-19-health-and-safety-standards/): UH OH, IT LOOKS LIKE YOU DON’T HAVE ACCESS TO THIS CONTENT! If you’re not yet a member of the HelpDeskforHR.com then you should definitely check that out here – you’ll get access to this content and oh so much more, including courses, resources, and a community of Compliance Warriors. If you are already a member then it looks like you’re not logged in, so just enter your details in the login form below or click here to login and access this content. Having problems logging in? Contact us! We will be happy to confirm your level of access. Username Password Remember Me     Forgot […]
- [DOL Issues Guidance Warning Against Crypto Investments in 401(k) Plans](https://helpdesksuites.com/2022/03/23/dol-issues-guidance-warning-against-crypto-investments-in-401k-plans/): Attorney Harrison Oldham       On March 10, 2022, the Department of Labor (“DOL”) issued guidance on the use of cryptocurrency in plans governed by ERISA.  In an unusual move, the DOL has cautioned fiduciaries to “exercise extreme care before they consider adding a cryptocurrency option to a 401(k) plan’s investment menu for plan participants.” The announcement applies to cryptocurrencies as well as digital assets, which include “tokens,” “coins,” “crypto assets” and any derivates thereof.   Cryptocurrencies are digital currency created and exchanged over a decentralized computer network. Although Bitcoin is the first and best-known cryptocurrency, thousands of cryptocurrencies now […]
- [Court Says Firefighter Was Harassed for 9 years Even Though She Never Knew](https://helpdesksuites.com/2022/03/23/court-says-firefighter-was-harassed-for-9-years-even-though-she-never-knew/): Hey Compliance Warriors!   I just read this post by attorney  ROBIN SHEA.  She walks us through the case of a female firefighter in Houston who was harassed for years and didn’t even know it. Once she found out the truth about what had been going on in the firehouse, she went to court and it looks like she is going to cry all the way to the bank when the City of Houston is finally held responsible by a jury of her peers!   Read on…   Every time I think I’ve heard everything, I hear another thing.   Melinda […]
- [Another Reason to Worry About Health and Wellness](https://helpdesksuites.com/2022/03/17/another-reason-to-worry-about-health-and-wellness/): Attorney Harrison Oldham     On March 4, 2022, Yale University agreed to settle a class-action lawsuit filed in 2019 by participants in Yale’s “Health Expectations” wellness program (the “Program”) for $1.29 million. This article illustrates some of the problems that may result from a wellness program that is not closely monitored and updated in a rapidly changing regulatory environment.   Wellness Programs   A wellness program is an employee benefit that aims to incentivize its participants to improve their health and fitness voluntarily. While improving your health and fitness is always an admirable goal, employers often implement wellness programs so […]
- [DHS To End COVID-19 Temporary Policy for Expired List B Identity Documents](https://helpdesksuites.com/2022/03/17/dhs-to-end-covid-19-temporary-policy-for-expired-list-b-identity-documents/):   DHS is ending the COVID-19 Temporary Policy for List B Identity Documents. Beginning May 1, Employers will no longer be able to accept expired List B documents.   DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS will end this flexibility. Starting May 1, 2022, employers must only accept unexpired List B documents.   If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Forms […]
- [Boss Call March 30th, 2022: FMLA REFRESHER](https://helpdesksuites.com/2022/03/16/boss-call-march-30th-2022-fmla-refresher/): Boss Calls Succeed. Be a Compliance Boss.   Wednesday, March 30th, 2022  1 – 2:30 pm CENTRAL FMLA REFRESHER   Hey Bosses!   FMLA has been a super hot topic in support and on the Compliance Warriors Facebook group for the last several weeks. Not a day has gone by this year (2022) by that FMLA has not been in the top 3 topics of the day.   With stats like that, I can see it’s time for an FMLA Boss Call!   Register for the Call and then send me your questions. I will be sure and address all questions […]
- [Philadelphia Now Has a COVID Paid Leave Law!](https://helpdesksuites.com/2022/03/16/philadelphia-now-has-a-covid-paid-leave-law/):   Starting March 10, 2022 until December 23, 2023, employers with 25 or more employees must provide up to 40 hours of additional paid sick leave to eligible employees when they are unable to work for certain COVID-19 reasons, including:    Care for self or family member showing symptoms of COVID-19.  Care for self or family member exposed to COVID-19 in order to self isolate.  Childcare or school closure. In order to receive a COVID-19 test, vaccine or recover from injury, disability or illness related to vaccination.   This paid sick leave must be provided outside of and prior to using the eligible employee’s existing […]
- [Massachusetts COVID Paid Leave Ended March 15th, 2022!](https://helpdesksuites.com/2022/03/16/massachusetts-covid-paid-leave-ended-march-15th-2022/):   The COVID-19 Massachusetts Emergency Paid Sick Leave Program will end on March 15, 2022.  On February 28, 2022, the Executive Office for Administration and Finance sent official notice to employers that the program would be ending in 15 days, on March 15, 2022.  Employers must continue to offer leave to eligible employees through March 15.   Employers may continue to seek reimbursement for qualifying leave costs taken between May 28, 2021 and March 15, 2022.  Applications for reimbursement must be submitted by April 29, 2022.   https://www.mass.gov/alerts/the-covid-19-temporary-emergency-paid-sick-leave-program-is-ending-march-15-2022#2144016   Be Audit-Secure     Lisa Smith, SPHR, SHRM – SCP Certified EEO […]
- [FAIRFIELD COUNTY RESTAURANTS, OWNERS ORDERED TO PAY $150K TO EMPLOYEES AFTER SHAKEDOWN OPERATION IS UNCOVERED](https://helpdesksuites.com/2022/03/16/fairfield-county-restaurants-owners-ordered-to-pay-150k-to-employees-after-shakedown-operation-is-uncovered/): Order permanently prohibits defendants from future retaliation against employees A federal court entered a consent order that requires two Fairfield County restaurants and their owners – who used threats of retaliation to coerce nine workers to kick back thousands of dollars of back wages and liquidated damages recovered by the U.S. Department of Labor’s Wage and Hour Division – to pay $150,000 to those employees.   Following the division’s investigations, Christopher Delmonico – owner of the former Chubby’s in Bridgeport and the co-owner of The Ole Dog Tavern (formerly Lazy Dog Tavern) in Stratford – and Niall O’Neill, co-owner of The Ole […]
- [Department of Labor’s Wage and Hour Division announces NPRM to update the Davis-Bacon and Related Acts](https://helpdesksuites.com/2022/03/14/department-of-labors-wage-and-hour-division-announces-nprm-to-update-the-davis-bacon-and-related-acts/): On March 11, 2022, the Department announced a notice of proposed rulemaking (NPRM), Updating the Davis-Bacon and Related Acts Regulations to better reflect the needs of workers in the construction industry, and planned federal construction investments. The proposed rulemaking by the department’s Wage and Hour Division represents the most comprehensive review of the Davis-Bacon Act regulations in 40 years.   Many of the proposed regulatory changes will improve the Department’s ability to administer and enforce DBRA labor standards more effectively and efficiently.   Learn More   Proposed changes include: Creating several efficiencies in the prevailing wage update system and ensuring prevailing wage rates […]
- [US Department of Labor to Offer Virtual Prevailing Wage Seminars](https://helpdesksuites.com/2022/03/14/us-department-of-labor-to-offer-virtual-prevailing-wage-seminars/): The U.S. Department of Labor’s Wage and Hour Division (WHD) will offer compliance seminars for contracting agencies, contractors, unions, workers, and other stakeholders to provide information on the requirements governing payment of prevailing wages on federally funded construction and service contracts.   The virtual prevailing wage seminars will include video trainings on a variety of Davis-Bacon Act and Service Contract Act topics that participants can view at their convenience, followed by corresponding virtual Question & Answer sessions, which will be offered live on multiple dates throughout the year to accommodate participants’ schedules.   Register Now   Sessions on Davis-Bacon compliance are […]
- [Seattle Enacts First Caste-Based Discrimination Ban in the U.S.](https://helpdesksuites.com/2023/03/01/seattle-enacts-first-caste-based-discrimination-ban-in-the-u-s/):   Hey Compliance Warriors,   Check out this article written by https://www.perkinscoie.com/en/news-insights/seattle-enacts-first-caste-based-discrimination-ban.html   The Seattle City Council became the first U.S. jurisdiction to identify caste as a protected class under its Human Rights Code on February 21, 2023, when it passed CB 120511, “An Ordinance Relating to Human Rights; Including Protections Against Discrimination Based on an Individual’s Caste” (the Ordinance).   Caste—which the Ordinance defines as “a system of rigid social stratification characterized by hereditary status, endogamy, and social barriers sanctioned by custom, law, or religion—is no longer a legally permissible basis for discrimination, retaliation, or harassment in employment, housing, or […]
- [IRS Update: What to do when a W-2 or Form 1099 is missing or incorrect](https://helpdesksuites.com/2023/03/01/irs-update-what-to-do-when-a-w-2-or-form-1099-is-missing-or-incorrect/):   It’s important for taxpayers to have all their documents and information so they can file an accurate and complete tax return. This may mean waiting to file until they receive all their documentation – and it can also mean following up on missing or incorrect documents.   Most taxpayers should have received income documents near the end of January. These may include: Form W-2, Wage and Tax Statement Form 1099-MISC, Miscellaneous Income Form 1099-INT, Interest Income Form 1099-NEC, Nonemployee Compensation Form 1099-G, Certain Government Payments; like unemployment compensation or state tax refund   Taxpayers should first contact the employer, payer or […]
- [USCIS Redesigns Green Card and Employment Authorization Document](https://helpdesksuites.com/2023/03/01/uscis-redesigns-green-card-and-employment-authorization-document/):   Hey Compliance Warriors, New Features Provide State-of-the-Art Security U.S. Citizenship and Immigration Services (USCIS) announced today new designs to improve security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS will begin issuing the redesigned cards on Jan. 30, 2023. https://www.uscis.gov/sites/default/files/document/guides/GreenCard_Comparison_EN.PDF.pdf   The new Green Card and EAD designs contain state-of-the-art technology that continue to safeguard national security and improve service for our customers. Changes include improved detailed artwork; tactile printing that is better integrated with the artwork; enhanced optically variable ink; highly secure holographic images on the front and back of the cards; […]
- [FMLA Employee Education Tool-Kit](https://helpdesksuites.com/2023/03/01/fmla-employee-education-tool-kit/):   Hey Compliance Warriors!   Employers often tell me that their employees won’t comply with FMLA requirements. They also report that employees don’t tell them when FMLA is needed and then get upset when protections are not provided. If you have ever bumped up against some of these issues in your workplace, the DOL has provided some tools to help educate your employees. Read on…  https://www.dol.gov/agencies/whd/fmla/family-caregiver When you need to take time off from work to care for a family member, the Family and Medical Leave Act is here to help.   Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to […]
- [California’s New Pay Transparency Law Kicks in May 2023](https://helpdesksuites.com/2023/03/01/californias-new-pay-transparency-law-kicks-in-may-2023/): Hey Compliance Warriors! If you have employees in CA or recruit workers from CA, you will want to read this update to be sure you are ready to follow the pay reporting requirements that start this May! The California pay data reporting law requires information to be sent to state officials starting in May 2023. Essentially, the law requires employers to provide a comparison of pay rates between different race/ethnicity and gender groups.   Applying to employers with 100 or more workers, the law requires companies to submit a pay data report, separate from an EEO-1, and include several pieces of information, […]
- [Dear DOL: Can an eligible employee with a serious health condition that requires a reduced leave schedule use FMLA leave to limit their workday indefinitely?](https://helpdesksuites.com/2023/03/01/dear-dol-can-an-eligible-employee-with-a-serious-health-condition-that-requires-a-reduced-leave-schedule-use-fmla-leave-to-limit-their-workday-indefinitely/):   Hey Compliance Warriors!   Check out this recent opinion letter by the Department of Labor (DOL) which discusses an employer’s obligation to let FMLA run indefinitely under certain circumstances.   Dear Employer, You inquire whether an employee may use FMLA leave to limit their work schedule for an indefinite period of time if the employee has a chronic serious health condition and a health care provider certifies that the employee has a medical need to limit their schedule. You express concern that multiple employees have presented medical certifications for taking FMLA leave from work after completing an eight-hour workday, making […]
- [Podcast: My Employee is a Wiccan: Now What?](https://helpdesksuites.com/2023/02/21/podcast-my-employee-is-a-wiccan-now-what/):   Hey Compliance Warriors,   Join us as we answer this very thought-provoking question.   Question: I have a female employee who is Wiccan and keeps a Wiccan notebook at her workstation. While she was absent some of her co-workers looked at it and have become uncomfortable with the employee’s Wiccan notebook because they say it contains spells and other “witchy” writings. What should I do?!!   Listen here: https://helpdeskforhr.com/blog/podcast/   SBS-2023- Episode 3 TRANSCRIPT   To learn more about our services visit HelpDeskforHR.com. Follow us on Twitter @ HelpDeskforHR   Be Audit-Secure!   Lisa Smith, SPHR, SCP EEOC Certified EEO Investigator […]
- [Permanent Resident Card and Employment Authorization Document Redesign Webinar](https://helpdesksuites.com/2023/02/15/permanent-resident-card-and-employment-authorization-document-redesign-webinar/):   Hey Compliance Warriors,   USCIS will host a webinar on Monday, Feb. 27, 1-2 p.m. Eastern. During this webinar, USCIS representatives will provide updates and answer questions about the new designs improving security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS began issuing the redesigned cards on Jan. 30, 2023.  To Register: Visit the registration page. You will be asked to provide your email address and select “Submit.” On the next screen, you will see a notification that you successfully subscribed to this event.   Once your registration is processed, you will receive a confirmation email […]
- [Podcast: Can we have a “no kids in the home” policy for remote workers?](https://helpdesksuites.com/2023/02/13/podcast-can-we-have-a-no-kids-in-the-home-policy-for-remote-workers/):   Hey Compliance Warriors,   Join us as we answer this very thought-provoking question.   Question: Since Covid, we have closed down our offices and work remotely now. We are in the process of hiring for another position – which will also be remote. Can we tell someone they can’t have their children at home while working? The job will be answering calls and emails throughout the day. This will be a new experience for us and the other employees do not have kids at home.   Listen here: https://helpdeskforhr.com/blog/podcast/   SBS-2023- Episode 2 TRANSCRIPT   To learn more about our […]
- [A Deeper Dive into the FTC’s Proposed Non-Compete Rule](https://helpdesksuites.com/2023/02/13/a-deeper-dive-into-the-ftcs-proposed-non-compete-rule/): Attorney Harrison Oldham       As you may recall, on January 5, 2023, the Federal Trade Commission (“FTC”) released a Notice of Proposed Rulemaking on the Non-Compete Clause Rule that would ban employers from imposing non-competes on their workers.   As a brief refresher, with a non-compete clause, an employee agrees not to work for another competitor company for a specific amount of time after their current employment ends. Non-competes are also typically bounded by a specific geographic area and/or industry or field. They function in part to protect an employer’s confidential information and practices, including trade secrets and know-how, […]
- [DOL Issues Telework Field Assistance Bulletin and FMLA Opinion Letter](https://helpdesksuites.com/2023/02/13/dol-issues-telework-field-assistance-bulletin-and-fmla-opinion-letter/):   Hey Compliance Warriors,   Today, the Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) No. 2023-1, “Telework Under the Fair Labor Standards Act and Family and Medical Leave Act”. This bulletin provides guidance and clarification regarding the application of Fair Labor Standards Act (FLSA) hours worked principles to employees who telework: in particular, break time provisions for nursing employees who are eligible for pump-at-work protections, and the hours-of-service eligibility requirement of the Family and Medical Leave Act (FMLA).   In addition, WHD published opinion letter FMLA2023-1-A. In this letter, WHD explains that an eligible employee with a serious health condition […]
- [DOL Offers Free Prevailing Wage Webinars](https://helpdesksuites.com/2023/02/13/dol-offers-free-prevailing-wage-webinars/):   Hey Compliance Warriors,   The U.S. Department of Labor’s Wage and Hour Division (WHD) will offer compliance seminars for contracting agencies, contractors, unions, workers, and other stakeholders to provide information on paying prevailing wages on federally funded construction and service contracts.   The virtual prevailing wage seminars will include video training on a variety of Davis-Bacon Act and Service Contract Act topics that participants can view at their convenience, followed by corresponding virtual Question & Answer sessions, which will be offered live on multiple dates throughout the year to accommodate participants’ schedules. Sessions on Davis-Bacon compliance are scheduled for March […]
- [HR In Aggregate: February 13th, 2023](https://helpdesksuites.com/2023/02/13/hr-in-aggregate-february-13th-2023/):   New San Francisco Law Requires Supplemental Compensation During Military Leave On January 20, 2023, San Francisco, California’s mayor signed the Military Leave Pay Protection Act (MLPPA), which will require employers with 100 or more employees to supplement the pay of covered employees during a qualifying military leave for up to 30 days in a calendar year. The MLPPA takes effect February 19, 2023—30 days after enactment. Learn More Littler Lightbulb – January Employment Appellate Roundup This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal in the […]
- [Form I-751 and I-829 48 Month Extension](https://helpdesksuites.com/2023/02/09/form-i-751-and-i-829-48-month-extension/):   Hey Compliance Warriors,   USCIS is extending the validity of Permanent Resident Cards (PRC) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I‑829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date.   Please refer to USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I‑751 or Form I‑829 for more information. For Form I‑9, an employee may present their expired PRC with a Form I‑797, Notice of Action, that indicates USCIS has extended the card’s validity, as a List C #7 document, which must […]
- [Do you have employees in New York? Webinar for Workers on COVID-19 and Workers’ Compensation](https://helpdesksuites.com/2023/02/07/do-you-have-employees-in-new-york-webinar-for-workers-on-covid-19-and-workers-compensation/):   New Date Added: Webinar for Workers on COVID-19 and Workers’ Compensation The Workers’ Compensation Board (Board) is pleased to continue its webinar series to help workers who believe they contracted COVID-19 on the job, especially those who have missed time from work or are suffering from ongoing or “long-haul” symptoms. These one-hour session will provide information on workers’ rights when it comes to filing a workers’ compensation claim and the cash and/or medical benefits they may be eligible to receive. While the online sessions are targeted toward workers who have lost time from work, have ongoing medical problems and/or fall […]
- [Boss Call for February 23rd, 2023 Featuring Attorney Karly Wannos](https://helpdesksuites.com/2023/02/07/boss-call-for-february-23rd-2023-featuring-attorney-karly-wannos/):     Boss Calls Succeed. Be a Compliance Boss. Next Boss Call: 4 Mistakes that Will Expose Your Company to Employee Lawsuits (feat. Attorney Karly Wannos) February 23rd, 2023.  1-2:30 pm CENTRAL Hey Bosses! Lawsuits are expensive. There are over 90,000 EEOC Charges filed each year and on average, it costs employers over $150,000 to defend these lawsuits (which does not include settlement amounts). Lawsuits decrease employee morale and increase turnover rates, which cause additional hassles for the company.   In this training, we will be discussing (1) hidden traps when terminating “at will” employees; (2) the problem with performance reviews […]
- [IRS Update: Understanding business travel deductions](https://helpdesksuites.com/2023/02/07/irs-update-understanding-business-travel-deductions/):   Whether someone travels for work once a year or once a month, figuring out travel expense tax write-offs might seem confusing. The IRS has information to help all business travelers properly claim these valuable deductions.     Here are some tax details all business travelers should know Business travel deductions are available when employees must travel away from their tax home or main place of work for business reasons. A taxpayer is traveling away from home if they are away for longer than an ordinary day’s work and they need to sleep to meet the demands of their work while away.   Travel expenses must be […]
- [USCIS Redesigns Permanent Resident Cards and Employment Authorization Documents](https://helpdesksuites.com/2023/02/06/uscis-redesigns-permanent-resident-cards-and-employment-authorization-documents/):   Hey Compliance Warriors,   USCIS announced new designs for tamper-resistant Form I-551, Permanent Resident Cards (also known as Green Cards), and Form I-766, Employment Authorization Documents (EADs). USCIS began issuing the redesigned cards on Jan. 30, 2023.   Some Permanent Resident Cards and EADs issued after Jan. 30, 2023, may still display the existing design format. Both versions of the cards are acceptable for Form I‑9, Employment Eligibility Verification, and E-Verify.   The introduction of new card designs does not mean that previously issued cards are invalid. Cards remain valid until their expiration date (unless otherwise noted, such as through […]
- [What can HR learn from the Alec Baldwin Manslaughter Charge?](https://helpdesksuites.com/2023/02/06/what-can-hr-learn-from-the-alec-baldwin-manslaughter-charge/):   Hey Compliance Warriors,   The Alec Baldwin manslaughter case has sparked much conversation in a variety of settings around the world. Keeping in mind that the filming of the movie Rust was done on a “job site” the question we are posing today is “What can HR learn from the facts of this case?”. Join us for an honest and candid discussion about the errors and responsibilities that can get HR, managers, supervisors, and individual employees in legal hot water when policies and procedures are taken a little too lightly.   Read the TRANSCRIPT Here   Be Audit-Secure!   Lisa […]
- [DEPARTMENT OF LABOR OBTAINS JUDGMENT ORDERING AUTO PARTS SELLER TO PAY $5.6M TO 1,398 MISCLASSIFIED DRIVERS](https://helpdesksuites.com/2023/01/31/department-of-labor-obtains-judgment-ordering-auto-parts-seller-to-pay-5-6m-to-1398-misclassified-drivers/):   Hey Compliance Warriors!   Parts Authority, Diligent Delivery Systems treated workers as independent contractor A national auto parts distributor and an Arizona logistics firm that misclassified 1,398 drivers as independent contractors will pay them a total of $5.6 million in back wages and liquidated damages after the U.S. Department of Labor obtained a consent judgment in federal court.   The U.S. District Court for the District of Arizona has ordered joint employers Parts Authority Arizona LLC and Arizona Logistics Inc. – operating as Diligent Delivery Systems – to pay $2.8 million in back wages and an equal amount in liquidated damages to […]
- [PREVIOUSLY CITED LAS VEGAS PAINT CONTRACTOR USED 2nd CHANCE TO INTIMIDATE WORKERS AND WILL PAY $3.6M TO 593 EMPLOYEES](https://helpdesksuites.com/2023/01/31/previously-cited-las-vegas-paint-contractor-used-2nd-chance-to-intimidate-workers-and-will-pay-3-6m-to-593-employees/):   Hey Compliance Warriors!   Cited for 2013 wage theft, Unforgettable Coatings used second chance to illegally double-down   After a 2013 investigation by the U.S. Department of Labor that recovered $47,393 from a Nevada paint and specialty coatings contractor and its owner whose illegal pay practices denied 21 Utah workers overtime wages, a reasonable employer might try to avoid repeating a bad and costly decision.   Cory Summerhays, owner of Unforgettable Coatings Inc. – a Las Vegas company operating in Arizona, Idaho, Nevada and Utah – chose instead to double down, and then some.   In January 2023, the department obtained […]
- [The New Minnesota CROWN Act](https://helpdesksuites.com/2023/01/31/the-new-minnesota-crown-act/): A Minnesota CROWN Act has been sent to the governor, who has said he intends to sign it into law.   The acronym CROWN stands for Creating a Respectful and Open World for Natural Hair.   In Minnesota, the CROWN Act passed both chambers and awaits the signature of Gov. Tim Walz. He says he intends to sign it.   The Minnesota CROWN Act mirrors many of those across the U.S.   Once signed, the law will amend the Minnesota Human Rights Act to include discrimination based on “traits associated with race, including but not limited to hair texture and hairstyles such as […]
- [UPDATED EEOC RESOURCE EXPLAINS ADA REQUIREMENTS FOR INDIVIDUALS WITH HEARING DISABILITIES IN THE WORKPLACE](https://helpdesksuites.com/2023/01/25/updated-eeoc-resource-explains-ada-requirements-for-individuals-with-hearing-disabilities-in-the-workplace/): Hey Compliance Warriors,   The U.S. Equal Employment Opportunity Commission (EEOC) has released an updated resource document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees who are deaf or hard of hearing or have other hearing conditions.   The document outlines how certain pre- and post-job offer disability-related questions can violate the ADA, describes easy-to-access technologies that can make providing a reasonable accommodation for a hearing disability free or low-cost, addresses employer concerns about safety, and shares realistic scenarios of potential discrimination. In addition […]
- [INVESTIGATION INTO 41-YEAR-OLD DRIVER’S DEATH FINDS TWO DELIVERY SERVICES COMPANIES FAILED TO PROTECT WORKERS TRANSPORTING DRY ICE IN ALABAMA](https://helpdesksuites.com/2023/01/25/investigation-into-41-year-old-drivers-death-finds-two-delivery-services-companies-failed-to-protect-workers-transporting-dry-ice-in-alabama/):   Hey Compliance Warriors!   In the summer of 2022, onlookers noticed a delivery truck stopped at about 8:15 a.m. one Wednesday morning on the University of Birmingham campus near what would have been the driver’s first drop-off. About two hours later, a passerby saw the driver slumped over and unresponsive.   After they smashed the window to remove the driver, campus police and medical responders were alerted. The 41-year-old woman found inside the truck was transported to a nearby hospital but later died.   A U.S. Department of Labor investigation into the July 20, 2022, tragedy has determined Malcolm Grant, the […]
- [FMLA: What is a Covered Employer?](https://helpdesksuites.com/2023/01/25/fmla-what-is-a-covered-employer/):   The FMLA applies only to “covered” employers. A covered employer may be a private-sector employer, a public agency, or a school. Covered employers must provide FMLA benefits and protections to eligible employees and comply with other responsibilities required under the FMLA and its regulations at 29 CFR Part 825.   Private Sector Employer A private-sector employer is covered by the FMLA if it employs 50 or more employees* in 20 or more workweeks in the current or previous calendar year. An employee is considered to be employed each working day of the calendar week if the employee works any part […]
- [ADA: Am I allowed to ask a customer if a dog is a “service dog”?](https://helpdesksuites.com/2023/01/25/ada-am-i-allowed-to-ask-a-customer-if-a-dog-is-a-service-dog/):   If you are working at a business or state/local government facility and it is unclear to you whether someone’s dog is a service dog, you may ask for certain information using two questions.   You may ask: Is the dog a service animal required because of a disability? What work or task has the dog been trained to perform?   You are not allowed to: Request any documentation that the dog is registered, licensed, or certified as a service animal Require that the dog demonstrate its task, or inquire about the nature of the person’s disability   Because service animals are not required […]
- [GINA: What is the Genetic Information Nondiscrimination Act?](https://helpdesksuites.com/2023/01/25/gina-what-is-the-genetic-information-nondiscrimination-act/):   Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009. Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs – referred to as “covered entities”) from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information. The EEOC enforces Title […]
- [FTC Proposes Broad Rule Prohibiting Non-Compete Clauses](https://helpdesksuites.com/2023/01/20/ftc-proposes-broad-rule-prohibiting-non-compete-clauses/): Attorney Harrison Oldham     On January 5, 2023, in response to President Biden’s July 9, 2021 Executive Order requesting a broad ban on employer non-compete agreements, the Federal Trade Commission (“FTC”) proposed a new rule that would ban virtually all non-competes (with some exceptions), including those already in effect, and would forbid any workaround that achieves a similar effect.   According to a 2019 study by the Economic Policy Institute, non-compete agreements are estimated to be used by roughly half of private-sector businesses, and anywhere between 36 and 60 million Americans are affected. The White House’s estimates are similar: that non-compete agreements […]
- [Publicly Traded Employers Must Claw Back Incentive Pay from Former and Current Executive Officers](https://helpdesksuites.com/2023/01/20/publicly-traded-employers-must-claw-back-incentive-pay-from-former-and-current-executive-officers/): Hey Compliance Warriors,   Later this year, employers with stock listed on a national security exchange will be required to recoup incentive-based compensation from officers who were compensated on the basis of incorrect financial reporting. Read on …   By Chelsea Smialek, Philip Berkowitz, and Warren Fusfeld  An SEC final rule governing clawback policies takes effect on January 27, 2023. The rule requires that national securities exchanges and associations listing securities issue new listing standards with clawback requirements, which must take effect no later than November 28, 2023. Employers with stock listed on a national security exchange will need to implement […]
- [New Acts Protecting Pregnant Employees and Nursing Mothers Become Law](https://helpdesksuites.com/2023/01/11/new-acts-protecting-pregnant-employees-and-nursing-mothers-become-law/): Attorney Harrison Oldham     On December 29, 2022, President Biden signed the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) into law. Both bills received bipartisan support and support from business groups and worker advocates. The PUMP Act took effect immediately, while the PWFA will go into effect in June 2023. Below, we will take a brief look at each in an effort to help employers familiarize themselves with the new legal obligations under these two acts so that they may revise their policies and procedures accordingly.   The Pregnant Workers […]
- [Who must complete an I-9 and are there any exceptions?](https://helpdesksuites.com/2023/01/11/who-must-complete-an-i-9-and-are-there-any-exceptions/):   Hey Compliance Warriors!     You are required to complete and retain a Form I-9 for every employee you hire for employment in the United States, except for:   Individuals not physically working in the U.S.   Individuals hired on or before Nov. 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times. (Some limitations to this exception apply.) Also excepted are individuals hired for employment in the Commonwealth of the Northern Mariana Islands (CNMI) on or before Nov. 27, 2009.   Casual Domestic Services   “Casual domestic services” refers to individuals (such as a […]
- [What is Age Discrimination?](https://helpdesksuites.com/2023/01/11/what-is-age-discrimination/):     Age Discrimination Age discrimination involves treating an applicant or employee less favorably because of his or her age. The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older. Discrimination can occur when the victim and the person who inflicted the discrimination are […]
- [US DEPARTMENT OF LABOR OBTAINS JUDGMENT ORDERING CALIFORNIA ADULT CARE PROVIDER TO PAY $690K IN BACK WAGES, DAMAGES TO 108 WORKERS](https://helpdesksuites.com/2023/01/11/us-department-of-labor-obtains-judgment-ordering-california-adult-care-provider-to-pay-690k-in-back-wages-damages-to-108-workers/):   Hey Compliance Warriors!   Neldy’s Adult Residential Care Home’s history of wage violations continues   A federal court has approved a consent judgment ordering a Southern California adult care provider with a history of labor violations to pay $690,696 to 108 employees after the U.S. Department of Labor recently found the Garden Grove-based employer denied workers all their earned wages.   The Dec. 14, 2022, action by the U.S. District Court for the Central District of California follows the discovery by the department’s Wage and Hour Division that Neldy’s R.C. Inc., operating as Neldy’s Adult Residential Care Home, purposely did not combine all […]
- [HR In Aggregate: January 11th, 2023](https://helpdesksuites.com/2023/01/11/hr-in-aggregate-january-11th-2023/): Hey Compliance Warriors!   Implementation of Connecticut’s Clean Slate Law Set to Begin January 1, 2023 Earlier this month, Governor Ned Lamont announced the long-awaited implementation of the state’s so-called “Clean Slate Act” – sort of. According to a recent press release, January 1, 2023 will see the full or partial erasure in some 44,000 cases involving convictions for cannabis possession. Individuals with eligible convictions for other crimes, including most misdemeanors and certain lesser felonies, will have to wait until the second half of 2023 as a result of implementation delays. Learn More   NY Employers to Provide Certain Notices Electronically On […]
- [Another Employer Loses the NonCompete Battle in Court as Agreement is Deemed “Overbroad and Unreasonable”](https://helpdesksuites.com/2023/01/05/another-employer-loses-the-noncompete-battle-in-court-as-agreement-is-deemed-overbroad-and-unreasonable/): Attorney Harrison Oldham   A recent case out of the Southern District of Georgia provides an interesting review of how many courts in the US view non-compete agreements.  The case is AmSpec, LLC, v. Richard Calhoun; Dung Hoang; Carl Crawford; Victor Brown; And Camin Cargo Control, Inc.   AmSpec is a New Jersey limited liability company in the business of testing and inspecting petroleum and petrochemical that filed a lawsuit against four of its former employees, Calhoun, Hoang, Brown, and Crawford, as well as their new employer, Camin Cargo Control, Inc. (“Camin”). In doing so, AmSpec claimed that the former employees […]
- [EEOC Pursues All Sorts of Discrimination Charges Across the U.S.](https://helpdesksuites.com/2023/01/04/eeoc-pursues-all-sorts-of-discrimination-charges-across-the-u-s/):   Hey Compliance Warriors!   It appears employers have been busy discriminating and retaliating like crazy!   Here are a few of the recent “catches” the EEOC has made and prosecuted. Learn from these cautionary tales!   Red Roof Inns, Inc. Will Pay $43,188 to Settle EEOC Disability Discrimination Suit   Williamsburg Hometown Iga Sued by EEOC for Religious Discrimination   American Piping Inspection to Pay $250,000 to Settle EEOC Race Discrimination and Retaliation Suit   EEOC and CCS Facility Services Conciliate Sexual Harassment Finding   Proctor Financial to Pay $67,000 to Settle EEOC Retaliation Suit and Avoid Trial   EEOC […]
- [16-Week HR Study Group Begins in February: Register Now – Seats are Limited](https://helpdesksuites.com/2023/01/04/16-week-hr-study-group-begins-in-february-register-now-seats-are-limited/):   Hey, HR Family!   As we usher in 2023, we are full of hope and promise for a new year filled with opportunity and growth.   As HR professionals and Slashes who are trying to juggle HR along with many other duties, many of you have expressed the desire to be a part of a group that studies HR theory along with the real-life application that teaches us how to not only better understand HR but also be ready to move into more responsible roles with better pay, benefits, and promise for the future.   In response to these requests […]
- [How long are employers required to retain the I-9?](https://helpdesksuites.com/2023/01/04/how-long-are-employers-required-to-retain-the-i-9/):   Hey Compliance Warriors!   Employers must have a completed Form I-9, Employment Eligibility Verification, on file for each person on their payroll (or otherwise receiving remuneration) who is required to complete the form. Employers must also keep completed Forms I-9 for a certain amount of time after their employees stop working for them. Never mail Forms I-9 to USCIS or U.S. Immigration and Customs Enforcement.   Once an employee no longer works for the employer, the employer must determine how much longer to keep the employee’s Form I-9. To calculate how long to keep an employee’s Form I-9, enter the following: 1.  Date the […]
- [HR In Aggregate: January 4th, 2023](https://helpdesksuites.com/2023/01/04/hr-in-aggregate-january-4th-2023/): Hey Compliance Warriors!   Do you employ minors? If so, check out some of the DOL’s recent actions regarding employers who are not following child labor laws. Arby’s franchisee allows teens to work outside of federally allowed limits at 9 South Carolina locations, federal investigation finds What began as a child labor investigation by the U.S. Department of Labor at one Arby’s restaurant location in Laurens, expanded to include other restaurants operated by the same business operator who was found to be allowing 65 minor-aged employees to work outside of federally allowed work hours. US Department of Labor finds 11 Crumbl Cookies’ […]
- [IRS issues standard mileage rates for 2023](https://helpdesksuites.com/2023/01/04/irs-issues-standard-mileage-rates-for-2023/):   IR-2022-234 The Internal Revenue Service issued the 2023 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.   Beginning on January 1, 2023, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: 65.5 cents per mile driven for business use, up 3 cents from the midyear increase setting the rate for the second half of 2022. 22 cents per mile driven for medical or moving purposes for qualified active-duty members of the Armed Forces, consistent with the increased midyear […]
- [HR In Aggregate: December 28th, 2022](https://helpdesksuites.com/2022/12/28/hr-in-aggregate-december-28th-2022/): Hey Compliance Warriors!   Here are some end-of-the-year highlights!   NLRB Issues Flurry of Blockbuster End-of-Year Decisions (With More to Come?) (US) Over the course of one week in mid-December, the Democrat-appointed majority members of the National Labor Relations Board (NLRB or the Board)… Employer Liability for Active Shooters in the Workplace Virginia In America today, mass shootings are a near-daily occurrence. According to data collected by the Gun Violence Archive, during the first seven months… California Supreme Court Cases Employers Should be Watching in 2023 California 2022 brought several significant decisions from the California Supreme Court, from decisions about meal […]
- [Common I-9 Mistakes and How to Avoid Them](https://helpdesksuites.com/2022/12/28/common-i-9-mistakes-and-how-to-avoid-them/):   Hey Compliance Warriors! You should review Form I-9, Employment Eligibility Verification, immediately after completion to avoid these common mistakes.   In Section 1, common mistakes made by employees include: Employee does not enter name, other last names used (such as maiden name), address or date of birth Employee does not enter A-number/USCIS Number after selecting “A Lawful Permanent Resident.” Employee does not enter A-Number/USCIS Number or Form I-94 admission number after selecting “An alien authorized to work until.” Employee does not sign or date the attestation. Employee does not complete Section 1 by the first day of employment (“date of hire,” meaning the commencement […]
- [IRS reminder: Don’t Forget to Tax Benefits Unless they Qualify as De Minimis](https://helpdesksuites.com/2022/12/28/irs-reminder-dont-forget-to-tax-benefits-unless-they-qualify-as-de-minimis/):   Hey Compliance Warriors!   You can exclude the value of a de minimis benefit you provide to an employee from the employee’s wages. A de minimis benefit is any property or service you provide to an employee that has so little value (taking into account how frequently you provide similar benefits to your employees) that accounting for it would be unreasonable or administratively impracticable. Cash and cash equivalent fringe benefits (for example, gift certificates, gift cards, and the use of a charge card or credit card), no matter how little, are never excludable as a de minimis benefit. However, meal […]
- [OSHA Citations Increase for Construction Industry After Employees Die](https://helpdesksuites.com/2022/12/28/osha-citations-increase-for-construction-industry-after-employees-die/):   Hey Compliance Warriors!   US Department of Labor finds Texas construction company willfully exposed workers to deadly hazards after trench collapse kills two workers A federal investigation has determined that by failing to follow required workplace safety standards, a Georgetown construction contractor gave two workers installing sewer lines in an underground trench – more than two stories deep – little chance of survival when a large section of the excavation collapsed, crushing them under thousands of pounds of soil and rocks. US Department of Labor cites Frisco utility contractor for willful exposure to deadly safety hazards after fatal trench collapse […]
- [FEDERAL MARSHALS ARREST NEW JERSEY RESTAURANT OWNER WHO IGNORED COURT ORDERS, SUBPOENA FOR RECORDS FROM US DEPARTMENT OF LABOR](https://helpdesksuites.com/2022/12/21/federal-marshals-arrest-new-jersey-restaurant-owner-who-ignored-court-orders-subpoena-for-records-from-us-department-of-labor/): Hey Compliance Warriors! Have you ever wondered what can happen if you fail to cooperate with an audit or investigation? Well, here is your answer! Manhattan Halal Gyro King LLC withholds information about pay practices   The operator of three northern New Jersey restaurants has learned that not cooperating with a federal investigation and ignoring several federal court orders can get you arrested.   Today, the U.S. Marshals Service arrested Samad Uddin – also known as Saman Khan – owner of Manhattan Halal Gyro King LLC, which has locations in Teaneck, Elmwood Park and Paterson, for their failure to provide the […]
- [County and City Minimum Wage Update for 2023](https://helpdesksuites.com/2022/12/21/county-and-city-minimum-wage-update-for-2023/): State/Province Jurisdiction Name Jurisdiction Type Wage Amount Effective Date AZ Flagstaff City $16.80 01/01/2023 AZ Tuscon City $13.85 01/01/2023 CA Belmont City $16.75 01/01/2023 CA Burlingame City $16.47 01/01/2023 CA Cupertino City $17.20 01/01/2023 CA Daly City City $16.07 01/01/2023 CA East Palo Alto City $16.50 01/01/2023 CA El Cerrito City $17.35 01/01/2023 CA Foster City City $16.50 01/01/2023 CA Half Moon Bay City $16.45 01/01/2023 CA Hayward City $16.34 01/01/2023 CA Los Altos City $17.20 01/01/2023 CA Menlo Park City $16.20 01/01/2023 CA Mountain View City $18.15 01/01/2023 CA Novato City $16.32 01/01/2023 CA Oakland City $15.97 01/01/2023 CA Palo […]
- [Maine Has a New Vacation Law for 2023](https://helpdesksuites.com/2022/12/21/maine-has-a-new-vacation-law-for-2023/): Hey Compliance Warriors! If you have employees in Maine or recruit workers from Maine, you will want to check out the new Vacation Pay Law that takes effect on January 1st, 2023. The Maine vacation pay law requires employers with 11 or more workers to pay out all unused, accrued vacation to separated employees starting Jan. 1, 2023. The payment of unused PTO is required regardless of an employer’s policy to the contrary. Maine passed the law in April 2022. The law does not apply to public employers and it also may not apply if a company has a collective bargaining […]
- [Boss Call for December, 28th, 2022 1-2:30pm CST: 2023 HR and Payroll Update](https://helpdesksuites.com/2022/12/21/boss-call-for-december-28th-2022-1-230pm-cst-2023-hr-and-payroll-update/):     Boss Calls Succeed. Be a Compliance Boss. Next Boss Call: 2023 HR and Payroll Update December 28th, 2022 1-2:30 pm CENTRAL Hey Bosses! The new year is approaching and it’s time to consider some of the changes coming in the new year as well as the trends we must prepare for in 2023 and beyond. Here are some of the issues we will address in this Call: FLSA Revisions to the Overtime Exemptions Religious and Medical Accommodations Pay Transparency Laws Anti-Discrimination Laws Remote and Hybrid Work Bereavement Leave Laws Paid Leave Laws Independent Contractor Rule AI in Recruiting Rounding […]
- [IRS reminder: For many employers and self-employed people, deferred Social Security tax payment due Dec. 31](https://helpdesksuites.com/2022/12/21/irs-reminder-for-many-employers-and-self-employed-people-deferred-social-security-tax-payment-due-dec-31/):   Hey Compliance Warriors!   The Internal Revenue Service today reminded employers and self-employed individuals that chose to defer paying part of their 2020 Social Security tax liability that their second annual installment of the deferred amount is due on December 31, 2022.   As part of the COVID relief provided during 2020, employers could choose to put off paying the employer’s share of their Social Security tax liability, which is 6.2% of wages. Self-employed individuals could also choose to defer a similar amount of their self-employment tax. Generally, half of that deferral was due on December 31, 2021. The other […]
- [A Few Reminders To Make Your Holiday Party Jolly](https://helpdesksuites.com/2022/12/19/a-few-reminders-to-make-your-holiday-party-jolly/): Attorney Harrison Oldham   With the holiday season at hand, employers should be mindful that office holiday parties can create HR headaches.  This year, more than ever, it seems that many employers are eager to host company-sponsored, in-person holiday parties, which many employees will excitedly attend.  However, a poorly planned holiday party could infringe on several employment laws if not careful.   To help keep the season merry and bright, we will take a quick look at a few statutes employers should be aware of below.   Title VII of the Civil Rights Act of 1964   An office holiday party […]
- [FREE Webinars: Prevailing Wages and the Inflation Reduction Act](https://helpdesksuites.com/2022/12/13/free-webinars-prevailing-wages-and-the-inflation-reduction-act/): On August 16, 2022, President Biden signed Public Law 117-369, 136 Stat. 1818, also known as the Inflation Reduction Act of 2022, into law. The Inflation Reduction Act is by far our nation’s largest investment in clean energy to date. By pairing climate investment with the creation of good-paying jobs, the Inflation Reduction Act’s unparalleled investments to fight the climate crisis will help improve job quality in clean energy industries and incentivize the expansion of workforce training pathways into these jobs.   Critical to providing good paying jobs, the Inflation Reduction Act offers enhanced tax benefits for a range of clean […]
- [5 Years After #METOO: Has Anything Changed?](https://helpdesksuites.com/2022/12/13/5-years-after-metoo-has-anything-changed/): Hey Compliance Warriors!   I found this blog post from https://hallbenefitslaw.com/five-years-after-metoo-sexual-harassment-continues-to-run-rampant-in-workplaces/  I am sure you will enjoy the stats provided and where we are today in the anti-harassment movement.   Five years ago, a tweet by actress Alyssa Milano went viral, leading women worldwide to use the now-familiar hashtag: #MeToo. The rallying cry had begun against sexual misconduct, rape culture, and sexual harassment in the workplace. A recent survey by The Shift Workshop, a New York HR consultancy firm, found that over 50% of the nearly 1,700 respondents had dealt with sexual harassment over the past 12 months. As a result, the […]
- [California’s New Pay Transparency Law](https://helpdesksuites.com/2022/12/13/californias-new-pay-transparency-law/): Hey Compliance Warriors! If you have employees in CA or recruit workers from CA, you will want to read this update at https://www.grsm.com/publications/2022/californias-new-pay-transparency-law   Starting January 1, 2023, California’s State Bill 1162 will require employers with 15 or more employees to include pay ranges in job postings, following a national trend aimed toward addressing gender and race pay disparities. In addition, this law will add new pay data reporting requirements for larger employers with 100 or more employees. Here is what California employers need to know:   Pay Transparency This law requires employers with 15 or more employees to include the […]
- [California’s Updated Notices, Posters and Pamphlets](https://helpdesksuites.com/2022/12/13/californias-updated-notices-posters-and-pamphlets/): Hey Compliance Warriors! If you have employees in CA or recruit workers from CA, you will want to check out these required posters and notices and distribute various pamphlets informing employees of their employment rights.  Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices will be updated. 1. California Minimum Wage; 2. Family Care and Medical Leave and Pregnancy Disability Leave; 3. Your Rights and Obligations as a Pregnant Employee; 4. California Law Prohibits Workplace Discrimination and Harassment; 5. Transgender Rights in the Workplace; 6. Know Your Rights: Workplace Discrimination is Illegal; 7. Your Rights Under […]
- [Minimum Wage Increases for 2023](https://helpdesksuites.com/2022/12/07/minimum-wage-increases-for-2023/): Hey Compliance Warriors! It’s the end of the year and time to think about minimum wage increases across the country! Alaska Alaska is one of several jurisdictions that have moved from scheduled rate increases to those based on the applicable Consumer Price Index (CPI). Its minimum wage, effective Jan. 1, 2023, is: $10.85 Alaska does not have a separate rate for tipped employees. Arizona Likewise, Arizona has also moved to indexed rate increases. Effective at the start of 2023, the state’s rates are: $13.85 $10.85 (tipped employees) California As is almost always the case, California is complex when it comes to […]
- [All Work and No (Additional) Pay Makes For a Constructive Termination Claim](https://helpdesksuites.com/2022/12/07/all-work-and-no-additional-pay-makes-for-a-constructive-termination-claim/): Attorney Harrison Oldham     A recent decision out of the Northern District of California provides a good case study on how requiring an employee to work beyond their pay grade without providing the associated compensation or title may be grounds for a constructive termination claim.  The case is Gibson v. AL Jazeera Int’l (USA) LLC.     In Al Jazeera, Emily Gibson, the Plaintiff, alleged that her former employer, the news outlet Al Jazeera International (“Al Jazeera”), discriminated against her because she is a woman. She contends that Defendant paid her less than male employees, tolerated harassment by male employees, placed her in […]
- [NLRB General Counsel Issues Memorandum on Unlawful Electronic Monitoring of Employees](https://helpdesksuites.com/2022/12/07/nlrb-general-counsel-issues-memorandum-on-unlawful-electronic-monitoring-of-employees/): Attorney Harrison Oldham   On October 31, 2022, the National Labor Relation Board’s (“NLRB”) General Counsel, Jennifer Abruzzo issued a Memorandum regarding new challenges that employers will face in the remote and electronic monitoring of employees. The Memorandum explains that as monitoring technology becomes increasingly available, employers can more easily monitor and manage employees remotely. In response, the Memorandum aims to restrict the “omnipresent surveillance” of employees in the advent of the work-from-home culture. The Memorandum may be found here.   Types of Electronic Surveillance   The Memorandum identifies multiple types of electronic surveillance that employers are implementing. For example, certain employers […]
- [Boss Calls for December, 2022 1-2:30pm CST : Creating Pay Scales and 2023 HR Update](https://helpdesksuites.com/2022/12/07/boss-calls-for-december-2022-1-230pm-cst-creating-pay-scales-and-2023-hr-update/):     Boss Calls Succeed. Be a Compliance Boss. Next Boss Call: Creating and Maintaining a Pay Scale December 20th, 2022 1-2:30 pm CENTRAL Hey Bosses! One of the most basic functions of HR’s business management duties is to establish compensation packages that are competitive and equitable and that promote employee engagement and high performance. Competitive compensation practices are essential to employee recruitment and retention efforts. The development process, however, does not have to be an overwhelming task. Building a market-based pay structure should include the following steps: Gathering background information Conducting a market data analysis Developing the pay structures Calculating […]
- [New York State’s New Lawful Absence Law](https://helpdesksuites.com/2022/12/07/new-york-states-new-lawful-absence-law/): Hey Compliance Warriors! If you have employees in NY State, you will want to read this update by Jena Silverman, Jennifer Kim, Jason Byrd, and Zack Sharpe from Littler.com. On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees who take legally protected time off from work. The amendments to Section 215 of the NYLL expressly prohibit employers from “assessing any demerit, occurrence, or any other point, or deductions from an allotted bank of time, which subjects or […]
- [Courts Remind Employers to Train Managers Consistently](https://helpdesksuites.com/2022/11/16/courts-remind-employers-to-train-managers-consistently/): Attorney Harrison Oldham     On October 26, 2022, the U.S. Court of Appeals for the Seventh Circuit provided employers with yet another reminder of the importance of consistent management across its workforce.   In Dunlevy v. Langfelder, the Seventh Circuit (which covers Illinois, Indiana, and Wisconsin) considered Andrew Dunlevy’s appeal, which regarded the improper termination of his employment. There, the court held that the reason for firing Mr. Dunlevy (who is white) was similar to the alleged misconduct of another employee, Tour Murray (who is black), who was not fired. As a result, the appellate court vacated the lower court’s ruling. […]
- [Court Limits the Scope of a Non-Compete in Connection with the Sale of a Business](https://helpdesksuites.com/2022/11/16/court-limits-the-scope-of-a-non-compete-in-connection-with-the-sale-of-a-business/): Attorney Harrison Oldham     Many people assume that restrictive covenants entered in connection with the sale of a business will be enforceable, even if they are broader in the scope of time, geography, and restricted activity than would otherwise be acceptable to a court.  For example, courts in Delaware (and most) courts routinely uphold even aggressive non-compete agreements related to the sale of a business. However, in Kodiak Building Partners, LLC v. Adams, the Delaware Court of Chancery reminded us that this is not always the case. In Kodiak, the court found the restrictive covenants imposed on a stockholder in a […]
- [Employers: beware of third parties promoting improper employee retention credit claims](https://helpdesksuites.com/2022/11/08/employers-beware-of-third-parties-promoting-improper-employee-retention-credit-claims/): Hey Compliance Warriors!   Employers should be wary of third parties advising them to claim the employee retention credit when they may not qualify. Some third parties are taking improper positions related to taxpayer eligibility for and computation of the credit.   These third parties often charge large upfront fees or a fee that is contingent on the amount of the refund. They may also fail to inform taxpayers that wage deductions claimed on the business’ federal income tax return must be reduced by the amount of the credit.   If the business filed an income tax return deducting qualified wages […]
- [United Airlines to Pay $305,000 to Settle EEOC Religious Discrimination Lawsuit](https://helpdesksuites.com/2022/11/08/united-airlines-to-pay-305000-to-settle-eeoc-religious-discrimination-lawsuit/): Airline Agrees to Accommodate Buddhist Pilot’s Religious Beliefs   United Airlines will pay $305,000 to a Buddhist pilot and will provide other relief to settle a religious discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.   According to the EEOC’s lawsuit, the pilot was diagnosed with alcohol dependency and lost the medical certificate issued by the Federal Aviation Administration (FAA). One of the requirements of United’s HIMS program for its pilots with substance abuse problems who want to obtain new medical certificates from the FAA is that pilots regularly attend Alcoholics Anonymous (AA). […]
- [Sneak Peek at 2023 Employment Law Changes by State](https://helpdesksuites.com/2022/11/08/sneak-peek-at-2023-employment-law-changes-by-state/):   Hey Compliance Warriors!   The folks over at Littler.com have issued their annual employment law update for the new year. Here is what they have found for 2023. https://www.littler.com/publication-press/publication/employment-law-update-2023-new-compliance-obligations-new-year?utm_source=vuture&utm_medium=email&utm_campaign=news%20%26%20analysis%20november%202022   Alabama Law, Ordinance or Regulation Main Topic Summary Effective Date Alabama HB 272 Weapons in the workplace Sets forth the conditions under which employees may keep a firearm and ammunition in their personal vehicles in the employer’s parking lot. January 1, 2023 Alaska Law, Ordinance or Regulation Main Topic Summary Effective Date Alaska HB 125 Hiring: Veterans Preference Extends private-sector employer hiring preferences to military spouses and dependent children, including […]
- [Tough Conversations: Domestic Violence in Your Workplace](https://helpdesksuites.com/2022/11/08/tough-conversations-domestic-violence-in-your-workplace/): I understand that you may really hate the idea of discussing things like racism, religious tolerance, bad attitudes and many other difficult or hot-button topics that cause friction between co-workers. But, we do it anyway, right?  Even more difficult are the topics surrounding Workplace Violence. We are dodging at least one very crucial topic that could mean the difference between life and death in our own workplaces. Domestic Violence. Do we have to talk about it? Why do we need to talk about such an ugly and personal topic? Is it really any of our business what goes on in the […]
- [DOL Investigation Updates for November 2nd, 2022](https://helpdesksuites.com/2022/11/02/dol-investigation-updates-for-november-2nd-2022/): Here are some of the most recent actions DOL has taken toward smallish businesses. Don’t let your company fall into these same situations. Click here to read all of these cases and more!    Jury decides Westmoreland County restaurant, owner willfully denied 15 servers, kitchen workers full wages over 5-year period DELMONT, PA – Following a three-day trial and three years of litigation, a jury in a federal court in Pennsylvania has determined a Delmont restaurant and its owner intentionally shortchanged 15 servers, dishwashers, bussers and cooks more than $214,000 in wages, confirming the findings of a U.S. Department of Labor Wage and […]
- [Employer Insists on Psychosexual Exam for Employee That Complains of Harassment](https://helpdesksuites.com/2022/11/02/employer-insists-on-psychosexual-exam-for-employee-that-complains-of-harassment/): Hey Compliance Warriors!   Check out this insane case. How bizarre that an attorney would even support the argument an employer wanted to make that the female employee who complained of harassment was basically asking for it because she may have enjoyed consensual sexual activity in the past.   Plaintiff Maria Angelica “Angie” Carbajal alleged that Defendant Hayes Management Service, Inc.’s president and owner, Chris Hayes, sexually harassed her and subjected her to a hostile work environment, and then retaliated against her for filing this action, in violation of Title VII of the Civil Rights Act of 1964 and the Idaho […]
- [Don’t Forget to Fall Back This Weekend!](https://helpdesksuites.com/2022/11/02/dont-forget-to-fall-back-this-weekend/):   Hey Compliance Warriors!   This weekend is when most of the country will “fall back” at least one more time. So, Saturday night / Sunday morning you will set your clocks back 1 hour allowing for an extra hour of sleep – YAY!   But, how does falling back affect the payroll of employees who are working through Saturday night into Sunday morning? The answer is simple. No matter what it looks like on the time clock, just be sure your employees are paid for every hour they work.   Example:  Pat clocks in at 7 pm and works a […]
- [U.S. Surgeon General Releases New Framework for Mental Health & Well-Being in the Workplace](https://helpdesksuites.com/2022/10/25/u-s-surgeon-general-releases-new-framework-for-mental-health-well-being-in-the-workplace/): Framework Highlights Five Essentials for Workers in Organizations, and Businesses of Every Size to Help Leaders Develop Policies and Practices that Support the Mental Health and Well-Being of Workers   United States Surgeon General Dr. Vivek Murthy has released a new Surgeon General’s Framework for Mental Health & Well-Being in the Workplace outlining the foundational role that workplaces should play in promoting the health and well-being of workers and our communities. As reports of “quiet quitting” and the Great Resignation have shown, the COVID-19 pandemic has changed the nature of work for many and the relationship that some workers have with their […]
- [Chicago Employer to Pay $175,000 for Terminating Employee Over PTSD-Related Panic Attack](https://helpdesksuites.com/2022/10/25/chicago-employer-to-pay-175000-for-terminating-employee-over-ptsd-related-panic-attack/): Chicago Company Terminated an Employee Because of Her Mental Health Condition, Federal Agency Charged     Pivotal Home Solutions, a home warranty company headquartered in Naperville, Illinois, will pay $175,000 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.   According to the EEOC’s suit, a former employee worked at Pivotal Home Solutions (“Pivotal”) as a dispatcher through a staffing agency for nearly six months. During that time, she succeeded in her role, received no negative performance evaluations, and was told that she would likely be […]
- [DOL Investigation Updates for October 25th, 2022](https://helpdesksuites.com/2022/10/25/dol-investigation-updates-for-october-25th-2022/): Here are some of the most recent actions DOL has taken toward smallish businesses. Don’t let your company fall into these same situations. Click here to read all of these cases and more!    The high cost of wage theft: Southern California car wash operator pays $202K in back wages, damages to 13 workers after federal investigation WEST COVINA, CA – A federal investigation has recovered $202,192 in back wages and liquidated damages for 13 workers at a Southern California car wash, whose employer shortchanged them, tried to conceal their wrongdoing, and committed other violations of federal law.   US Department of […]
- [TEXAS MORTUARY AND CREMATORY  SETTLE EEOC SEXUAL HARASSMENT AND RETALIATION SUIT](https://helpdesksuites.com/2022/10/20/texas-mortuary-and-crematory-settle-eeoc-sexual-harassment-and-retaliation-suit/): Funeral Home and Crematory Owner Sexually Harassed Four Female Employees and Punished Them for Reporting, Federal Agency Charged   Sachse, Texas-based Charles W. Smith & Sons Funeral Home and Metro Mortuary and Crematory will pay $135,000 and furnish other relief to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. According to the EEOC’s suit, the defendants’ owner and funeral director subjected four female employees to a hostile work environment at both the company’s Sachse mortuary and the McKinney funeral home. He made numerous crude sexual comments and sexual […]
- [Texas Court Finds EEOC’s Guidance on Sexual Orientation and Gender Identity Discrimination Unlawful](https://helpdesksuites.com/2022/10/19/texas-court-finds-eeocs-guidance-on-sexual-orientation-and-gender-identity-discrimination-unlawful/): Attorney Harrison Oldham     On October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in the workplace is unlawful.  The case is State of Texas v. EEOC.   Background   On June 15, 2020, the Supreme Court issued its landmark decision in Bostock v. Clayton County, GA, which held that the prohibition on sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”) also prohibits workplace discrimination on the basis of sexual orientation and gender identity. Not surprisingly, […]
- [New York’s Adult Survivors Act Effective in November](https://helpdesksuites.com/2022/10/19/new-yorks-adult-survivors-act-effective-in-november/): Attorney Harrison Oldham     Recent New York legislation will allow a class of sexual abuse victims to sue their abusers, where they previously would have been time-barred.  Specifically, according to New York’s Adult Survivors Act (the “Act”), on November 24, 2022, New York will open a one-year “lookback” window that permits victims who suffered older sexual abuse claims to file suit, regardless of when the abuse occurred. The Act applies to victims who were eighteen or older when the abuse occurred and permits those victims to file sexual abuse claims previously barred by applicable statutes of limitations, regardless of when the alleged […]
- [EEOC Releases Updated “Know Your Rights” Poster](https://helpdesksuites.com/2022/10/19/eeoc-releases-updated-know-your-rights-poster/): Covered Employers Required by Law to Display Poster at Work Site   Today, the U.S. Equal Employment Opportunity Commission (EEOC) released the ‘Know Your Rights’ poster, which updates and replaces the previous “EEO is the Law” poster. Covered employers are required by federal law to prominently display the poster at their work sites. The EEOC’s web page for the poster provides information about where to post it. The poster also includes a QR code for applicants or employees to link directly to instructions for how to file a charge of workplace discrimination with the EEOC.   A number of the laws that the […]
- [IRS Issues 2023 Limits](https://helpdesksuites.com/2022/10/19/irs-issues-2023-limits/):   Hey Compliance Warriors!   The Internal Revenue Service today announced the tax year 2023 annual inflation adjustments for more than 60 tax provisions, including the tax rate schedules and other tax changes. Revenue Procedure 2022-38PDF provides details about these annual adjustments.   New for 2023 The Inflation Reduction Act extended certain energy related tax breaks and indexed for inflation the energy efficient commercial buildings deduction beginning with tax year 2023. For tax year 2023, the applicable dollar value used to determine the maximum allowance of the deduction is $0.54 increased (but not above $1.07) by $0.02 for each percentage point by […]
- [BREAKING NEWS: DHS Extends Form I-9 Requirement Flexibility (Effective October 11, 2022)](https://helpdesksuites.com/2022/10/17/breaking-news-dhs-extends-form-i-9-requirement-flexibility-effective-october-11-2022/): The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. Due to the continued safety precautions related to COVID-19, DHS will extend the updated flexibilities until July 31, 2023. Employers must monitor the DHS and ICE’s Workforce Enforcement announcements about when the extensions end and normal operations resume. E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire. Please see […]
- [Employer Alert: Continue to Use Current Form I-9](https://helpdesksuites.com/2022/10/12/employer-alert-continue-to-use-current-form-i-9/):   Employers should continue using the Form I-9, Employment Eligibility Verification, after its expiration date of Oct. 31, 2022 until further notice. DHS will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available.   Be Audit-Secure!   Lisa Smith, SPHR, SCP Become a HelpDeskforHR.com Member and get a $110 Discount! Pay Just $689 annually (reg. $799 annually) Sign-up HERE and Save $110! USE COUPON CODE: HD4HR689 Here is what all you will get: Boss Calls – Access to EVERY Boss Call – Past & Future. HelpDesk for HR VAULT – Access to all 8 of our proprietary tools […]
- [Can One Employee Handbook Fit Multistate And International Employers?](https://helpdesksuites.com/2022/10/11/can-one-employee-handbook-fit-multistate-and-international-employers/):   Hey Compliance Warriors!   I get this question a lot and even more this year as remote/work from home positions have started to become more of the norm in many industries. So, I thought I’d let the attorneys from Ogletree, Deakins, Nash, Smoak & Stewart do the heavy lifting and break it all down for you!   Enjoy!   11 October 2022 by Rebecca L. Marks and Heather G. Ptasznik Ogletree, Deakins, Nash, Smoak & Stewart   Multistate employers often face the difficult task of finding the most effective way to prepare their handbooks while ensuring compliance not only with federal law, but […]
- [DOL Issues Employer or Independent Contractor Proposed Rule](https://helpdesksuites.com/2022/10/11/dol-issues-employer-or-independent-contractor-proposed-rule/): Hey Compliance Warriors!   On October 11, 2022, the U.S. Department of Labor announced the publication of a proposed rule to revise the Department’s guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Notice of Proposed Rulemaking (NPRM) would rescind an earlier rule on this topic that was published on January 7, 2021, and replace it with an analysis for determining employee or independent contractor status that is more consistent with the FLSA as interpreted by longstanding judicial precedent. The Department believes that its proposed rule would reduce the risk that employees […]
- [Boss Call October 18th, 2022 1-2:30pm CDT : HR Metrics – How to Measure, Plan, and Succeed](https://helpdesksuites.com/2022/10/11/boss-call-october-18th-2022-1-230pm-cdt-hr-metrics-how-to-measure-plan-and-succeed/):     Boss Calls Succeed. Be a Compliance Boss. Next Tuesday’s Boss Call: HR Metrics – How to Measure, Plan, and Succeed October 18th, 2022 1-2:30pm CDT Hey Bosses! Next Tuesday, October 18th, we will be addressing a topic that many smallish businesses (and even the bigger ones) often fail to recognize.HR Metrics: How to Measure, Plan and Succeed Join me, Lisa Smith, for a discussion about how to “measure” your workforce and HR functions in general. We will be discussing how to measure the following areas: Selection Rate Compa-Ratio Regular Rate Reg Rate with Bonus Overtime with Bonus FTE Calculation Yield […]
- [LIVE Boot Camp for HRCI and SHRM Exams: November 5th, 2022](https://helpdesksuites.com/2022/10/05/live-boot-camp-for-hrci-and-shrm-exams-november-5th-2022/): LIVE and Updated for 2022 HR Exam Certification BootcampPHR/SPHR or SHRM-CP/SCP NOVEMBER 5th, 2022 9am – 1:30pm CENTRAL $99* (reg. $249)Use Coupon Code:BootCamp150 *This $99 Special Price Ends on Friday, October 7th, 2022. On October 8th, the price will increase to $149.   Click “Have a Coupon Code?” to enter the code above. Includes Full Access to Replay for 6 Months   REGISTER TODAY!   Become a HelpDeskforHR.com Member and get a $110 Discount! Pay Just $689 annually (reg. $799 annually) Sign-up HERE and Save $110! USE COUPON CODE: HD4HR689 Here is what all you will get: Boss Calls – Access to EVERY Boss Call […]
- [HelpDeskforHR.com Has a Mobile App!](https://helpdesksuites.com/2022/10/05/helpdeskforhr-com-has-a-mobile-app/):   Hey Compliance Warriors!   If you are a member of HelpDeskforHR.com you need to watch this video to learn about the new HDHR Mobile App that has been added to your membership access!   Enjoy this 1.5-minute video and then go to the Apple Store or Google Play and download your mobile app today!   Stay tuned for more HDHR announcements in the coming weeks and months. We are just getting started!   Be Audit-Secure!   Lisa Smith, SPHR, SCP EEOC Certified Investigator   **HelpDeskforHR.com is not part of the HelpdeskSuites.com membership.** Become a HelpDeskforHR.com Member and get a $110 Discount! Pay Just $689 annually (reg. […]
- [IRS Announces Special Per Diem Rates Beginning October 1st, 2022](https://helpdesksuites.com/2022/10/05/irs-announces-special-per-diem-rates-beginning-october-1st-2022/): Hey Compliance Warriors! The IRS recently released Notice 2022-44, detailing updated special per diem rates. The new rates are effective for the period beginning October 1, 2022 and ending September 30, 2023. These rates apply to the per diem allowances paid by employers to their employees in order to cover “ordinary and necessary business expenses incurred while traveling away from home.”   Details of Notice 2022-44 are as follows: Special Transportation Industry Meal and Incidental Expenses Rates – The new per-diem rate for transportation industry taxpayers within the continental US is now $69; the rate for travel outside the continental US is now […]
- [DC Walks Back its Near Total Non-Compete Ban](https://helpdesksuites.com/2022/10/05/dc-walks-back-its-near-total-non-compete-ban/): Attorney Harrison Oldham     In early 2021, the District of Columbia (“DC”) provoked an uproar from the local business community when it enacted one of the country’s broadest bans on non-compete agreements. In response, the DC Council passed the “Non-Compete Clarification Amendment Act of 2022” (the “Amendment”). The Amendment became enforceable on October 1, 2022, so now is an excellent time to review the underlying non-compete ban and the Amendment.   Background   In January 2021, the DC City Council approved the original non-compete ban, appropriately named the Ban on Non-Compete Agreements Amendment Act of 2020.   That law prohibited […]
- [DOL Investigation Updates for October 4th, 2022](https://helpdesksuites.com/2022/10/05/dol-investigation-updates-for-october-4th-2022/): Last week we saw the DOL had been targeting construction and home health. That hasn’t stopped, but this week we add restaurants to the list along with a high dollar misclassification suit for a small-ish business.  Click here to read all of these cases and more!    Court enters consent order requiring Connecticut, New York-based bakeries to pay $952K to 74 employees following US Labor Department investigation, litigation HARTFORD, CT – An investigation and litigation by the U.S. Department of Labor have resulted in a federal court ordering three bakeries located in Danbury, Connecticut, and Mount Vernon, New York, and their owner/officer […]
- [Change Happens FAST](https://helpdesksuites.com/2022/09/28/change-happens-fast/): Attorney Harrison Oldham       On September 5, 2022, California Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (the “FAST Act”). Once it goes into effect, the FAST Act will permit the California state government to appoint a 10-member Fast Food Council composed of representatives from the state and various segments of the fast food industry. The Council will have broad powers to establish minimum standards for employees working in “Fast Food Restaurants,” one of which is the ability to set the minimum wage for those workers. Unions strongly supported the law, which will potentially impact […]
- [Seattle’s New Independent Contractor Protections Ordinance](https://helpdesksuites.com/2022/09/28/seattles-new-independent-contractor-protections-ordinance/): Attorney Harrison Oldham     In a growing trend of increasing workplace protections for independent contractors, the Seattle City Council passed the “Independent Contractor Protections Ordinance,” (the “Ordinance”), which, as of September 1, 2022, will increase pay transparency for the ever-growing contractor workforce.  In this article, we will briefly review some of the essential elements of the Ordinance.   Who is Covered? The Ordinance broadly applies to “hiring entities,” which generally includes any person or entity that hires an independent contractor, that provides services in Seatlle, including not-for-profit organizations. Additionally, under the Ordinance’s broad definitions, a covered contractor is any self-employed […]
- [EEOC Continues to Crackdown – See the Recent Happenings Here](https://helpdesksuites.com/2022/09/28/eeoc-continues-to-crackdown-see-the-recent-happenings-here/): Title Date EEOC Sues R3 Government Solutions for Race Discrimination and Retaliation September 27, 2022 EEOC Sues Construction Company Goodsell/Wilkins for Harassment of Latino Workers September 27, 2022 PFG Customized Distribution Sued by EEOC for Sex Discrimination September 27, 2022 EEOC Sues Fischer Connectors for Age Discrimination September 27, 2022 EEOC Sues Eagle Marine Services for Disability Discrimination September 26, 2022 Lilly USA Sued by EEOC for Nationwide Age Discrimination September 26, 2022 EEOC Sues Affordable Home Furnishings for Race Discrimination September 26, 2022 EEOC Sues Ranger Tool and Die for Sexual Harassment and Retaliation September 23, 2022 EEOC Sues Sinclair […]
- [DOL Hitting Hard and Size Does NOT Matter!](https://helpdesksuites.com/2022/09/28/dol-hitting-hard-and-size-does-not-matter/): Hey Compliance Warriors! The DOL is hitting hard across the country. Home health, staffing, construction, and food service are 3 industries that are really taking the hits lately. See the latest cases listed below. Click here to read all of these cases and more!  SEPTEMBER 27, 2022 US Labor Department recovers $8,149 in back wages, liquidated damages for 2 workers terminated by Tucker Brewing Co. after asking about pay practices SEPTEMBER 27, 2022 US Department of Labor recovers more than $74K in back wages for 628 workers employed by Arkansas staffing agency SEPTEMBER 27, 2022 US Department of Labor recovers $77K […]
- [Rules Aren’t Always Meant to be Broken](https://helpdesksuites.com/2022/09/14/rules-arent-always-meant-to-be-broken/): Attorney Harrison Oldham     In McQuillin v. Hartford Life and Accident Ins. Co., 36 F.4th 416 (2d Cir. 2022), a federal appeals court revived a former surgical-equipment salesman’s lawsuit against an insurer, for denying his claim for long-term disability benefits, even though the insurer argued it was still considering his appeal when the suit was filed. Specifically, on June 7, 2022, the 2nd U.S. Circuit Court of Appeals reversed a lower-court judge’s dismissal of John McQuillin’s lawsuit for failure to exhaust his employee-benefit plan’s internal appeals process. In doing so, the U.S Court of Appeals restored Mr. McQuillin’s action for […]
- [EEOC SUES BOJANGLES FOR  SEXUAL HARASSMENT AND RETALIATION](https://helpdesksuites.com/2022/09/14/eeoc-sues-bojangles-for-sexual-harassment-and-retaliation/):     Female Employee Was Sexually Harassed, Then Transferred and Denied Promotional Opportunity Because She Complained, Federal Agency Charges        Bojangles’ Restaurants, Inc., a Delaware corporation operating in Greensboro, North Carolina, violated federal law when it subjected a female employee to a sexually hostile work environment and then retaliated against her for complaining about it, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed yesterday.   According to the EEOC’s suit, a female team member at a Bojangles fast food restaurant in Greensboro was sexually harassed from March 2020 to June 2020. The EEOC charges that during that […]
- [HR In Aggregate: September 14th, 2022](https://helpdesksuites.com/2022/09/14/hr-in-aggregate-september-14th-2022/): Hey Compliance Warriors!   Here are some of the highlights regarding CA, CO, and federal employment law compliance. Read on…   California Creates Unelected Council to Set Minimum Wages/Working Conditions of 500,000 Fast Food Workers By Tony Oncidi and Ariel Brotman on Sep 12, 2022 05:18 pm On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257).  In a breathtaking move, the state government, which is dominated at all levels by union-friendly politicians, will appoint a 10-member Council composed of employees, employers and “union activists” to set the minimum wages […]
- [NEW JERSEY CANNABIS REGULATORY COMMISSION ISSUES GUIDANCE ON “WORKPLACE IMPAIRMENT”](https://helpdesksuites.com/2022/09/14/new-jersey-cannabis-regulatory-commission-issues-guidance-on-workplace-impairment/):   Pursuant to N.J.S.A. 24:6I-52a(2)(a), the New Jersey Cannabis Regulatory Commission (“NJ-CRC”) is charged with prescribing standards for a Workplace Impairment Recognition Expert (“WIRE”) certification, to be issued to full- or part-time employees, or others contracted to perform services on behalf of an employer, based on education and training in detecting and identifying an employee’s usage of, or impairment from, a cannabis item or other intoxicating substance, and for assisting in the investigation of workplace accidents. This document is intended to serve as guidance until the NJ-CRC formulates and approves standards for WIRE certifications. Additionally, a template “Reasonable Suspicion” Observation Report […]
- [EEOC Issues New Guide Regarding Pregnancy Discrimination](https://helpdesksuites.com/2022/09/14/eeoc-issues-new-guide-regarding-pregnancy-discrimination/): Pregnancy discrimination is against the law. The EEOC enforces two federal laws that protect job applicants and employees who are pregnant.   The first law is Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, which is called “Title VII.” It prohibits sex discrimination, including pregnancy discrimination. “Pregnancy” discrimination under Title VII can be based on: Current pregnancy; Past pregnancy; Potential pregnancy; Medical condition related to pregnancy or childbirth including breastfeeding/lactation; Having or choosing not to have an abortion; and Birth control (Contraception).   The second law is the Americans with Disabilities Act, which is called the “ADA.” The ADA prohibits discrimination against an applicant […]
- [DHS Invites Public Comment on Form I9 Proposed Rulemaking](https://helpdesksuites.com/2022/09/07/dhs-invites-public-comment-on-form-i9-proposed-rulemaking/):   DHS published Federal Register notice 87 FR 50786 on August 18 to invite public comments on a Notice of Proposed Rulemaking (NPRM).   This proposed rule would create a framework under which the Secretary of Homeland Security could authorize alternatives to the current requirement that employers (or authorized representatives acting on an employer’s behalf) physically examine documentation presented by individuals seeking to establish identity and employment authorization for the purposes of the Form I9, Employment Eligibility Verification.   Such alternatives could be put in place through a pilot program, for some or all employers (or authorized representatives acting on an employer’s behalf), […]
- [EEOC SUES SAFELITE AUTOGLASS FOR SEX DISCRIMINATION](https://helpdesksuites.com/2022/09/07/eeoc-sues-safelite-autoglass-for-sex-discrimination/):   Glass Repair Company Refused to Hire Applicant Because She Is Female, Federal Agency Charges   Ohio-based Safelite AutoGlass, a vehicle glass repair and replacement business, violated federal law by refusing to hire a qualified applicant because she is a woman, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.   According to the EEOC’s lawsuit, a woman applied for an Auto Glass technician trainee position at a Safelite AutoGlass location in Austin, Texas. During the interview, the applicant informed the store manager she had two years of experience as a repair technician, which required her to […]
- [US DEPARTMENT OF LABOR SUES FORMER ALBANY RESTAURANT OWNER, OPERATOR TO END RETALIATION AGAINST WORKERS WHO FILED WAGE LAWSUIT](https://helpdesksuites.com/2022/09/07/us-department-of-labor-sues-former-albany-restaurant-owner-operator-to-end-retaliation-against-workers-who-filed-wage-lawsuit/):   David Ip allegedly interfered with workers’ lawsuit, aided worker’s arrest at deposition   The U.S. Department of Labor has filed suit against the former owner of an Albany restaurant after he allegedly tried to intimidate three workers and prevent them from participating in a private class action lawsuit, thus depriving them of their full rights under the Fair Labor Standards Act. The complaint seeks to enjoin David Ip from further adverse action against former and current employees and recover compensatory and punitive damages for the workers stemming from the allegations of defendant’s willful and flagrant violations of the Fair Labor […]
- [7th Circuit Holds Excluding Pregnant Workers From Light Duty Does Not Necessarily Violate The Pregnancy Discrimination Act](https://helpdesksuites.com/2022/09/07/7th-circuit-holds-excluding-pregnant-workers-from-light-duty-does-not-necessarily-violate-the-pregnancy-discrimination-act/): Attorney Harrison Oldham     In 2015, when the U.S. Supreme Court ruled in Young v. UPS, the Supreme Court created a framework for determining when employers violate the Pregnancy Discrimination Act (“PDA”) by not providing light duty or other accommodations to pregnant workers. Now, seven years later, courts are still grappling with the Supreme Court’s framework.   One such example just came out of the Seventh Circuit of Appeals, where the court found that Walmart’s policy of providing temporary light duty to employees injured on the job, but not to similarly restricted pregnant employees, did not violate the Pregnancy Discrimination […]
- [HR In Aggregate: September 7th, 2022](https://helpdesksuites.com/2022/09/07/hr-in-aggregate-september-7th-2022/): Hey Compliance Warriors!   Here are some of the highlights regarding CA, NY, NV, and federal employment law compliance. Read on… Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra Resort. In Martel v. HG Staffing, LLC, the named representatives in the class action appeal were former employees of the Grand Sierra Resort who alleged violations of Nevada’s minimum wage […]
- [Texas Passes the CROWN Act Protecting Natural Hairstyles](https://helpdesksuites.com/2023/06/08/texas-passes-the-crown-act-protecting-natural-hairstyles/):   Hey Compliance Warriors!   Reflecting similar legislation throughout the U.S., the CROWN Act in Texas prohibits workplace discrimination rooted in an employee’s “hair texture or protective style traditionally or typically linked to race.”  The law goes into effect on September 1st, 2023.   The legislation specifically mentions: – Braids – Locs (locks) – Twists   While many states known for progressive policies have adopted hair discrimination laws, more conservative states like Texas, Louisiana, and Tennessee have also implemented CROWN legislation.   Furthermore, the scope of the Texas CROWN Act extends beyond the workplace, encompassing student attire and grooming rules, as […]
- [NLRB General Counsel Issues Memo Targeting Employee Non-Competes Under NLRA](https://helpdesksuites.com/2023/06/08/nlrb-general-counsel-issues-memo-targeting-employee-non-competes-under-nlra/): Attorney Harrison Oldham       On May 30, 2023, General Counsel (GC) Jennifer Abruzzo released Memorandum 23-08, Non-Compete Agreements that Violate the National Labor Relations Act. Abruzzo’s memo called for new legislation by the National Labor Relations Board (NLRB) to declare employee non-compete agreements unlawful under the National Labor Relations Act (the Act). This move follows the Federal Trade Commission’s recent proposal to ban almost all non-compete agreements nationwide.   The goal of the NLRB is to protect employees’ rights to engage in collective bargaining and other concerted activities, which it primarily does through the Act. Section 7 of the Act […]
- [What constitutes an employee crisis situation and what can be disclosed under those circumstances?](https://helpdesksuites.com/2023/06/08/what-constitutes-an-employee-crisis-situation-and-what-can-be-disclosed-under-those-circumstances/): QUESTION: What constitutes an employee crisis situation and what can be disclosed under those circumstances?   ANSWER:   While employers are generally not covered by HIPAA in relation to employee files, there are times when disclosure of confidential employee information is allowed. The best practice would be to follow HIPAA as a model. Also, if non of the HIPAA issues are in play, disclosing without a warrant or court order is generally not suggested unless you are guided by your attorney.   Here are a few potential situations where the EEOC says disclosure might be legally permissible: https://www.eeoc.gov/laws/guidance/ada-primer-small-business#confidentiality Legal Requirements: Employers may […]
- [HR Update: June 8th, 2023](https://helpdesksuites.com/2023/06/08/hr-update-june-8th-2023/):   New York Begins Repeal of Healthcare Worker COVID-19 Vaccine Mandate The New York State Department of Health (the “Department”) announced on May 30, 2023, that “it has begun the process of repealing the COVID-19 vaccine requirements for workers at regulated health care facilities.” The requirement once served as critical public health tool. The Department now states that “the changing landscape of the COVID-19 pandemic and evolving vaccine recommendations” guided its decision to repeal the vaccine mandate. This now heads to the Public Health and Planning Council for approval. Learn More   NYC Enacts Height and Weight Anti-Discrimination Ordinance On May 26, […]
- [Will A.I. Replace the Human Resources Professional?](https://helpdesksuites.com/2023/06/08/will-a-i-replace-the-human-resources-professional/):   Hey Compliance Warriors!   The use of artificial intelligence (AI) in various industries, including human resources (HR), is undeniably increasing. However, it is important to note that AI is generally seen as a tool to augment and assist human work, rather than completely replace it.   In the context of HR, AI can automate many processes, such as resume screening, scheduling interviews, and even answering common employee questions. It can help in analyzing employee data to understand trends, predict future needs, or identify issues. This automation and analysis can significantly save time and improve efficiency.   However, the HR profession […]
- [Unmasking the Unseen Impact: Weight and Height Bias among Minority Groups](https://helpdesksuites.com/2023/06/08/unmasking-the-unseen-impact-weight-and-height-bias-among-minority-groups/):   Hey Compliance Warriors!   Discrimination based on weight and height is a rarely acknowledged yet prevalent issue that deeply affects many lives, including those of marginalized communities. Height and weight bias are unfortunately quite pervasive and, like many forms of discrimination, disproportionately harm certain minority groups, underscoring the intersectionality of bias and discrimination.   Among those most severely impacted by weight and height bias are racial and ethnic minorities, persons with disabilities, and the LGBTQ+ community. Weight bias can intersect with racial and ethnic discrimination, exacerbating the existing inequalities these groups face. For instance, African American women, despite exhibiting more […]
- [IRS Alert: How Employers Can Avoid Employee Retention Scams](https://helpdesksuites.com/2023/06/08/irs-alert-how-employers-can-avoid-employee-retention-scams/):   As aggressive marketing continues, the Internal Revenue Service today renewed an alert for businesses to watch out for tell-tale signs of misleading claims involving the Employee Retention Credit.   The IRS and tax professionals continue to see a barrage of aggressive broadcast advertising, direct mail solicitations and online promotions involving the Employee Retention Credit. While the credit is real, aggressive promoters are wildly misrepresenting and exaggerating who can qualify for the credits.   The IRS has stepped up audit and criminal investigation work involving these claims. Businesses, tax-exempt organizations and others considering applying for this credit need to carefully review the […]
- [EAST PENN MANUFACTURING VIOLATED FLSA AND MUST PAY HISTORIC $22M IN BACK WAGES](https://helpdesksuites.com/2023/06/01/east-penn-manufacturing-violated-flsa-and-must-pay-historic-22m-in-back-wages/):   Hey Compliance Warriors!   A federal court jury has awarded back wages of more than $22 million to the U.S. Department of Labor for more than 7,500 employees working for East Penn Manufacturing Company Inc. — one of the world’s largest battery manufacturers — after the department proved that the company failed to pay them overtime pay.   The award by the 12-member jury marks the largest recorded verdict under the Fair Labor Standards Act obtained by the department, which intends to ask the U.S. District Court for the Eastern District of Pennsylvania to award an equal amount in liquidated damages for the […]
- [HR Update: June 1st, 2023](https://helpdesksuites.com/2023/06/01/hr-update-june-1st-2023/):   Washington Amends Law to Protect Off-Duty Marijuana Use in 2024 On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington will join the growing list of states offering some workplace protections to workers who engage in “off-duty” marijuana use. The new law is not a “go-ahead” for all Washington employees to engage in recreational marijuana use without employment consequences, however. Governor Inslee has emphasized the law does not protect all such use and does not […]
- [How do I track FMLA for a week with a holiday?](https://helpdesksuites.com/2023/06/01/how-do-i-track-fmla-for-a-week-with-a-holiday/): QUESTION: How do I track FMLA for a week with a holiday?   ANSWER:   The Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with the right to take up to 12 workweeks of job-protected, unpaid leave in a 12-month period for various qualifying reasons. Employees have the flexibility to take these leaves in blocks or intermittently or on a reduced leave schedule by reducing the time worked in the day or week.   If a holiday falls during a week that an employee takes a full workweek of FMLA leave, the entire week counts as FMLA […]
- [Do Holidays Count Against an Employee’s FMLA Leave Entitlement and Determination of the Amount of Leave Taken? DOL Explains.](https://helpdesksuites.com/2023/05/30/do-holidays-count-against-an-employees-fmla-leave-entitlement-and-determination-of-the-amount-of-leave-taken-dol-explains/):   Hey Compliance Warriors!   Today, the Wage and Hour Division (WHD) published opinion letter FMLA2023-2-A, “Whether Holidays Count Against an Employee’s FMLA Leave Entitlement and Determination of the Amount of Leave Taken”.   In this letter, WHD explains that, under the Family and Medical Leave Act, the employee’s normal workweek is the basis of the employee’s leave entitlement. If a holiday occurs during an employee’s workweek, and the employee works for part of the week and uses FMLA leave for part of the week, the holiday does not reduce the amount of the employee’s FMLA leave entitlement unless the employee […]
- [Minimum Wage Updates – Summer 2023](https://helpdesksuites.com/2023/05/24/minimum-wage-updates-summer-2023/):   Hey Compliance Warriors!   The Minimum Wage Update for Summer 2023 brings changes to several states across the US.   Connecticut’s minimum wage will increase beginning June 1, 2023. The standard rate will be $15, but the state does not have separate rates for bartenders and service employees.   Nevada has two separate rates depending on whether an employee is offered health benefits. From July 1, 2023, the minimum wage in Nevada will be $10.25 for employees offered health benefits and $11.25 for those who are not.   Oregon’s minimum wage rate is determined by county, and from July 1, […]
- [EEOC Says Culver’s Restaurant Allowed Offensive Conduct Related to Race, Sex, Sexual Orientation, and Disability](https://helpdesksuites.com/2023/05/24/eeoc-says-culvers-restaurant-allowed-offensive-conduct-related-to-race-sex-sexual-orientation-and-disability/):   Hey Compliance Warriors!   R & G Endeavors, Inc., a fast-food franchisee doing business as Culver’s Restaurants of Cottage Grove, violated federal law when it subjected employees to a hostile work environment based on race, sex, sexual orientation, and disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in two lawsuits filed today. The litigation also charges the Minnesota company with denying a long-serving employee with a disability equal pay and pay raises because of his disability.   According to the EEOC’s filings, multiple workers endured harassment at Culver’s Cottage Grove restaurant. In one instance, managers and other employees singled […]
- [Riot Games to Pay Historic $100 Million Settlement for Sexual Harassment and Gender Discrimination](https://helpdesksuites.com/2023/05/24/riot-games-to-pay-historic-100-million-settlement-for-sexual-harassment-and-gender-discrimination/):   Hey Compliance Warriors!   Riot Games, a prominent video game developer headquartered in Los Angeles, has consented to a whopping $100 million payout to settle a sexual harassment and gender discrimination lawsuit. This resolution represents the highest settlement of this nature in the annals of the California Department of Civil Rights.   The women who initiated this lawsuit against the company alleged that Riot Games engaged in practices of pay inequity, unfairly compensating women less than their male counterparts in similar roles. They also accused the company of assigning women to roles with lower remuneration, promoting men more often than […]
- [SEC Issues Whistleblower Award Of $279 Million – Largest Ever](https://helpdesksuites.com/2023/05/24/sec-issues-whistleblower-award-of-279-million-largest-ever/): Attorney Harrison Oldham     On May 5, the U.S. Securities and Exchange Commission (“SEC”) made history by awarding its largest-ever single whistleblower payout of $279 million. This substantial award surpasses the combined annual rewards given to whistleblowers in any year except for 2021. While specific details about the case remain undisclosed, the magnitude of the award suggests that it relates to one of the SEC’s most significant enforcement actions.   According to the SEC order, which is heavily redacted, the whistleblower provided “significant” information through various means such as written submissions, communications, and interviews. The information pertained to a “covered […]
- [Florida E-Verify Law Takes Effect July 1st, 2023](https://helpdesksuites.com/2023/05/23/florida-e-verify-law-takes-effect-july-1st-2023/):   Hey Compliance Warriors!   With the introduction of a new state law, Florida businesses may have to reassess their approach to handling Form I-9. As of July 1, 2023, private companies in Florida that employ at least 25 individuals are mandated to use the E-Verify system.   This tool is used to confirm the eligibility for employment of every new recruit within three business days from their initial day of employment. This stipulation is applicable to any employee brought on board on or after July 1, 2023.   While it is not a requirement for Florida businesses with less than […]
- [HR Update: May 23rd, 2023](https://helpdesksuites.com/2023/05/23/hr-update-may-23rd-2023/):   What Does the End of Title 42 and I-9 Flexibility Mean for Employers? U.S. immigration policy and the Biden administration’s response to the ongoing migration crisis have been hot topics in the news. We break down potential considerations for employers as the pandemic-era immigration policy ends and border crossings from individuals without documentation in search of asylum are expected to rise sharply. Learn More   Chicago Clarifies that its Anti-Harassment Law Applies to all Employers with Employees Working in Chicago Last year, the Chicago City Council amended the City’s sexual harassment ordinance for the express purpose of promoting zero tolerance of […]
- [Florida’s New Immigration Law Comes With New Requirements for Many Florida Employers](https://helpdesksuites.com/2023/05/23/floridas-new-immigration-law-comes-with-new-requirements-for-many-florida-employers/): Attorney Harrison Oldham     On May 10, 2023, Governor Ron DeSantis of Florida signed a new immigration bill, SB 1718, into law.  This bill imposes tough new penalties and restrictions on undocumented immigrants in Florida, and introduces significant changes for private employers with 25 or more employees that, among other things, requires employers to use E-Verify to ensure workers are authorized to work in the U.S.   Some commentators say that this new bill is in response to the end of Title 42 (which expired on May 11). In any case, the Florida legislature passed this new bill quickly, which […]
- [DOL Issues Enforcement of Protections for Employees to Pump Breast Milk at Work](https://helpdesksuites.com/2023/05/18/dol-issues-enforcement-of-protections-for-employees-to-pump-breast-milk-at-work/):   Hey Compliance Warriors!   Today, the Wage and Hour Division published Field Assistance Bulletin (FAB) No. 2023-2, Enforcement of Protections for Employees to Pump Breast Milk at Work.   This bulletin is intended to provide enforcement support and public guidance regarding the application and requirements of the Providing Urgent Maternal Protections for Nursing Mothers Act (or PUMP Act).   Effective December 29, 2022, under the Fair Labor Standards Act (FLSA), as amended by the PUMP Act, nearly all FLSA-covered employees have the right to reasonable break time and a private space while at work to express breast milk for a nursing […]
- [EEOC Releases New Resource on Artificial Intelligence and Title VII](https://helpdesksuites.com/2023/05/18/eeoc-releases-new-resource-on-artificial-intelligence-and-title-vii/):   Hey Compliance Warriors!   Today the Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964,” which is focused on preventing discrimination against job seekers and workers. The document explains the application of key established aspects of Title VII of the Civil Rights Act (Title VII) to an employer’s use of automated systems, including those that incorporate artificial intelligence (AI). The EEOC is the primary federal agency responsible for enforcing Title VII, which prohibits discrimination based […]
- [IRS Update: Big Increases Coming in 2024 for HSA and HDHP Limits](https://helpdesksuites.com/2023/05/17/irs-update-big-increases-coming-in-2024-for-hsa-and-hdhp-limits/):   Great news! The IRS has announced that the annual contribution limits to health savings accounts (HSAs) for 2024 are increasing. The self-only coverage limit will be raised to $4,150, which is a 7.8% increase from last year’s limit of $3,850. For family coverage, the HSA contribution limit is going up to $8,300, a 7.1% increase from last year’s limit of $7,750. If you’re aged 55 or older, you can contribute an additional $1,000 to your HSA.  https://www.irs.gov/pub/irs-drop/rp-23-23.pdf   In addition to these changes, for 2024, a high-deductible health plan (HDHP) must have a minimum deductible of $1,600 for self-only coverage, […]
- [NYC Bans Employment Discrimination on the Basis of Height and Weight](https://helpdesksuites.com/2023/05/16/nyc-bans-employment-discrimination-on-the-basis-of-height-and-weight-2/):   Hey Compliance Warriors!   Last week, the New York City Council voted to pass Int. No. 209-2022-A. This new NYC law prohibits discrimination on the basis of a person’s height or weight in employment, housing, and public accommodations. This bill also creates an exemption for employers needing to consider height or weight in employment decisions only where required by federal, state, or local laws or regulations or where the Commission on Human Rights permits such considerations because height or weight may prevent a person from performing essential requirements of a job and no alternative is available or this criterion is […]
- [NYC Bans Employment Discrimination on the Basis of Height and Weight](https://helpdesksuites.com/2023/05/16/nyc-bans-employment-discrimination-on-the-basis-of-height-and-weight/):   Hey Compliance Warriors!   In a landmark decision that is set to have significant implications for employers across the United States, the National Labor Relations Board (NLRB) has issued a ruling that will make it more difficult for businesses to discipline or dismiss workers for “abusive behavior.” The ruling, known as Lion Elastomers LLC II, represents a significant departure from the Board’s previous 2020 ruling in the General Motors case, which had allowed employers to discipline employees for such behavior, even if it occurred during a protected Section 7 activity, such as a strike or union organizing campaign.   Under […]
- [The EEOC has informed us a charge if discrimination has been filed and we need to respond with a “Position Statement”. What do we do next?](https://helpdesksuites.com/2023/05/16/the-eeoc-has-informed-us-a-charge-if-discrimination-has-been-filed-and-we-need-to-respond-with-a-position-statement-what-do-we-do-next/): QUESTION: The EEOC has informed us a charge if discrimination has been filed and we need to respond with a “Position Statement”. What do we do next?   ANSWER:   When a charge of discrimination is filed with EEOC, the agency has the authority to investigate to determine whether there is a reasonable cause to believe discrimination occurred. EEOC will ask both the Charging Party and the Respondent to provide information as part of its investigation. EEOC may request specific documents, information or interviews from your organization concerning the charge. In most cases, EEOC requests that the Respondent submit a statement […]
- [HR Update: May 15th, 2023](https://helpdesksuites.com/2023/05/15/hr-update-may-15th-2023/):   Maryland Modifies its Paid Family and Medical Leave Insurance Program Approximately one year ago, the Maryland General Assembly passed the Time to Care Act of 2022 (SB 275/HB8). Maryland became the eleventh state (in addition to the District of Columbia) to adopt a statewide family and medical leave program (the “Program”). The Maryland General Assembly recently concluded its 2023 session and passed modifications to the Program. The governor approved the modifications on May 3, 2023. Learn More   OSHA Launches Nationwide Program Focusing on Workplace Falls On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced a new National […]
- [Can an Email Exchange Form a Contract?](https://helpdesksuites.com/2023/05/15/can-an-email-exchange-form-a-contract/): Attorney Harrison Oldham     This week, we will quickly look into a ubiquitous part of most people’s professional lives – email.  Specifically, we will review a recent case out of the Fifth Circuit, Texxon Petrochemicals LLC v. Getty Leasing, Inc., which was decided on May 3, 2023.  In Texxon, the Fifth Circuit affirmed the lower courts’ conclusions that a 2-email exchange did not establish a contract to sell a gas station.   Although this matter originated after Texxon filed for bankruptcy, we will ignore most of that and focus on the Fifth Circuit’s discussion regarding the email exchange.  As a […]
- [EEOC RELEASES UPDATE TO COVID-19 TECHNICAL ASSISTANCE](https://helpdesksuites.com/2023/05/15/eeoc-releases-update-to-covid-19-technical-assistance/):   Hey Compliance Warriors!   Today the U.S. Equal Employment Opportunity Commission (EEOC) issued a number of updates to its COVID-19 technical assistance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” including adding a new question and answer about the end of the federal declaration of the COVID-19 public health emergency. “This installment is the capstone to our comprehensive resource of questions and answers on COVID-19 and the anti-discrimination laws enforced by the EEOC,” said EEOC Chair Charlotte A. Burrows. “The end of the public health emergency is an important milestone, and this […]
- [Texas Supreme Court Heard Arguments on Discrimination for ‘Morbid Obesity’](https://helpdesksuites.com/2023/05/09/texas-supreme-court-heard-arguments-on-discrimination-for-morbid-obesity/): Attorney Harrison Oldham     A case pending before the Texas Supreme Court could make Texas the latest state to utilize state and federal disability law to legislate discrimination protections for obese workers. The case is Texas Tech University Health Sciences Center – El Paso, v. Dr. Niehay, and the Texas Supreme Court heard oral arguments on February 21st.   As background, the case revolves around Dr. Niehay, a first-year medical resident who alleges she was illegally fired from Texas Tech University Health Sciences Center because of her obesity, a category she said is covered as a disability under state law. […]
- [DHS Ends Form I-9 Requirement Flexibility](https://helpdesksuites.com/2023/05/07/dhs-ends-form-i-9-requirement-flexibility/):   Hey Compliance Warriors!   COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023.   U. S. Immigration and Customs Enforcement (ICE) recently announced that employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the temporary flexibilities by August 30, 2023.   This new announcement gives employers additional time to complete in-person physical inspection of identity and employment authorization documents, and annotate the Form I-9 for this population. These flexibilities were initially announced in March 2020 and updated in March 2021. See I-9 Central Questions and Answers for more information.   DHS published a Notice of […]
- [The Power of Neurodiversity: How Employers Can Benefit from Embracing Neurodivergent Employees](https://helpdesksuites.com/2023/05/07/the-power-of-neurodiversity-how-employers-can-benefit-from-embracing-neurodivergent-employees/):   Hey Compliance Warriors,   As our society becomes more diverse and inclusive, it’s important to understand and embrace the concept of neurodiversity. Neurodiversity refers to the range of differences in individual brains and thinking patterns. It’s estimated that around 20% of the population is neurodivergent, which means they have a neurological condition that affects their cognitive, social, and emotional functioning in some way. In this article, we’ll explore the meaning of neurodivergent, examples of neurodivergent conditions, and how employers can benefit from embracing neurodiverse employees in the workplace.   What is Neurodivergent? Neurodivergent is a term used to describe individuals […]
- [World Health Organization Declares the End of the COVID Global Emergency](https://helpdesksuites.com/2023/05/05/world-health-organization-declares-the-end-of-the-covid-global-emergency/):   Hey Compliance Warriors!   The WHO has announced the end of the COVID international public health emergency. “While acknowledging the remaining uncertainties posted by potential evolution of SARS-CoV-2, they advised that it is time to transition to long-term management of the COVID-19 pandemic. The WHO Director-General concurs with the advice offered by the Committee regarding the ongoing COVID-19 pandemic. He determines that COVID-19 is now an established and ongoing health issue which no longer constitutes a public health emergency of international concern (PHEIC).” https://www.who.int/news/item/05-05-2023-statement-on-the-fifteenth-meeting-of-the-international-health-regulations-(2005)-emergency-committee-regarding-the-coronavirus-disease-(covid-19)-pandemic   As we know, President Biden has set May 11th as the official end of the […]
- [EEOC Sues Mercy Health St. Mary’s for Religious Discrimination](https://helpdesksuites.com/2023/05/03/eeoc-sues-mercy-health-st-marys-for-religious-discrimination/):   Hey Compliance Warriors!   Mercy Health St. Mary’s, a hospital in Grand Rapids and member of the Trinity Health System, is being sued by the U.S. Equal Employment Opportunity Commission (EEOC) for violating federal law. The lawsuit claims that the hospital failed to provide a religious accommodation to an applicant and declined to hire him because of his religious beliefs.   According to the EEOC, Mercy Health violated Title VII of the Civil Rights Act of 1964 when it rescinded a job offer to an applicant who refused to receive a flu vaccine for religious reasons. While the applicant’s job […]
- [Firefighters worked up to 120 hours per two-week pay period without being paid overtime](https://helpdesksuites.com/2023/05/03/firefighters-worked-up-to-120-hours-per-two-week-pay-period-without-being-paid-overtime/):   Hey Compliance Warriors!   Like all first responders, firefighters employed by the City of Gary must be ready to respond when and wherever needed. In general, they work a 106-hour schedule at fire stations every two weeks in shifts sometimes lasting 24 hours or longer. When duty forces them to exceed their typical schedules, federal law requires their employer to pay overtime wages at time-and-one-half their hourly rates.   A recent investigation by the U.S. Department of Labor’s Wage and Hour Division that found the city failed to compensate as many as 172 firefighters and paramedics fully has recovered a […]
- [Kentucky McDonald’s Franchisees Violated Child Labor Laws by Employing 10-year-old Children](https://helpdesksuites.com/2023/05/03/kentucky-mcdonalds-franchisees-violated-child-labor-laws-by-employing-10-year-old-children/):   Hey Compliance Warriors!   Working in a kitchen late at night near dangerous cooking equipment is a reality for many adults in the food service industry. However, when investigators from the U.S. Department of Labor’s Wage and Hour Division discovered 10-year-old children working in such an environment, it raised alarms and prompted action.   The investigation found that three Kentucky McDonald’s franchise operators – Bauer Food LLC, Archways Richwood LLC, and Bell Restaurant Group I LLC – had violated federal labor laws, resulting in a total of $212,544 in fines. In total, these franchisees operate 62 McDonald’s locations across Kentucky, […]
- [Hawaii Sushi Restaurant Workers Receive $101K in Recovered Wages After Employer Denied Overtime Pay](https://helpdesksuites.com/2023/05/03/hawaii-sushi-restaurant-workers-receive-101k-in-recovered-wages-after-employer-denied-overtime-pay/):   Hey Compliance Warriors!   In a recent victory for workers’ rights, the U.S. Department of Labor has successfully recovered $101,694 in back wages and liquidated damages on behalf of 10 chefs at Imanas Tei, a sushi restaurant in Honolulu. The restaurant’s owners, Keiji Fukuda and Yuki Naka, had denied overtime pay to their salaried chefs, many of whom worked up to 20 hours of overtime per week, by mischaracterizing their primary work as management instead of meal preparation.   The Wage and Hour Division’s investigation revealed that this misrepresentation led to the restaurant’s failure to provide the legally required overtime […]
- [New York State Updates Sexual Harassment Model Policy to Address Remote Work and Gender-Based Discrimination](https://helpdesksuites.com/2023/05/03/new-york-state-updates-sexual-harassment-model-policy-to-address-remote-work-and-gender-based-discrimination/):   Hey Compliance Warriors!   On April 11, New York Governor Kathy Hochul announced that the New York State Department of Labor (NYS DOL) released much-anticipated updates to the state’s Sexual Harassment Model Policy. As required by New York State Labor Law, all employers in the state must implement a sexual harassment policy and provide sexual harassment training for their employees. The updated model policy addresses sexual harassment concerns in remote work environments and expands on gender-based harassment and discrimination definitions.   According to Section 201-g(1)(b) of the New York Labor Law, employers are required to adopt the model sexual harassment […]
- [Legal Battle Over 80/20 Rule Continues: Fifth Circuit Directs Texas Court to Reexamine the Challenge](https://helpdesksuites.com/2023/05/03/legal-battle-over-80-20-rule-continues-fifth-circuit-directs-texas-court-to-reexamine-the-challenge/):   Hey Compliance Warriors!   On April 28, 2023, the U.S. Court of Appeals for the Fifth Circuit directed a Texas court to further examine a lawsuit challenging the U.S. Department of Labor’s 80/20 Rule, which impacts employers utilizing a tip credit to fulfill their minimum wage obligations under the Fair Labor Standards Act (FLSA). This decision is part of an ongoing process to determine the legitimacy of the 80/20 Rule.   The U.S. Department of Labor announced a final rule on October 20, 2021, which overturned a previous regulation from December 2020 and reinstated the 80/20 Rule. This regulation stipulates […]
- [HR Update: May 3rd, 2023](https://helpdesksuites.com/2023/05/03/hr-update-may-3rd-2023/):   As an employer, it can be challenging to stay on top of the latest changes in state employment laws. With new regulations continuously being enacted, it’s essential to keep up and ensure that your policies and practices are compliant.   Here are some of the changes to look out for in the coming months and years:   May 2023 California’s Pay Transparency for Pay Equity Act will undergo amendments effective in May. New Jersey’s Temporary Workers’ Bill of Rights will have some provisions effective on May 7, with the remaining requirements effective August 5.   June 2023 New York will […]
- [EEOC Takes on Mueller Co. and IH Services Over Sexual Harassment and Retaliation Claims](https://helpdesksuites.com/2023/05/03/eeoc-takes-on-mueller-co-and-ih-services-over-sexual-harassment-and-retaliation-claims/):   Hey Compliance Warriors!   The U.S. Equal Employment Opportunity Commission (EEOC) is taking legal action against Mueller Co., LLC and IH Services, Inc. Apparently, these companies didn’t do enough to prevent a sexually-hostile work environment for female employees, and things got worse when the women tried to speak up.   What Happened The EEOC claims that between May 2018 and August 2020, female employees of IH Services were assigned to clean Mueller’s fire hydrant manufacturing plant in Alabama. While they were there, some male Mueller employees got seriously out of line. They touched the women inappropriately, made crude comments about […]
- [US Regulatory Agencies Address Bias and Discrimination in AI](https://helpdesksuites.com/2023/04/26/us-regulatory-agencies-address-bias-and-discrimination-in-ai/):   Hey Compliance Warriors!   On April 25, 2023, four major US regulatory agencies – the Department of Justice (DOJ), Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), and Equal Employment Opportunity Commission (EEOC) – released a joint statement addressing the issue of discrimination and bias in artificial intelligence (AI) systems.   The agencies emphasized their commitment to ensuring that AI technologies are developed and used responsibly, without perpetuating bias or discrimination in areas such as housing, employment, lending, and other consumer services. They recognized the potential for AI to improve decision-making processes but also acknowledged the risks of AI […]
- [California: Can we accept a resignation early without paying the employee for the full notice they provided?](https://helpdesksuites.com/2023/04/26/california-can-we-accept-a-resignation-early-without-paying-the-employee-for-the-full-notice-they-provided/): QUESTION: In California, can we accept a resignation early without paying the employee for the full notice they provided?   ANSWER: Yes, but there could be some unemployment issues that arise which I suspect is your real question. Consider the following guideance from EDD.   When the employer separates a claimant prior to the effective date of a previously announced voluntary leaving, the separation becomes a discharge if the claimant suffers a wage loss.  This alone means you should pay out the full notice provided not just the two weeks. Read on…   https://edd.ca.gov/en/UIBDG/Voluntary_Quit_VQ_135   In P-B-39, the claimant gave notice […]
- [Promising Practices for Preventing Harassment in the Federal OR Private Sector](https://helpdesksuites.com/2023/04/26/promising-practices-for-preventing-harassment-in-the-federal-or-private-sector/):   Hey Compliance Warriors!   The EEOC has issued a document called “Promising Practices for Preventing Harassment in the Federal Sector”. After reading through this document it occurs to me that these practices also apply to the private sector. So, I wanted to share this guide with everyone so you can determine if you are already working on these best practices in your organization OR if you may need to take a look at your anti-harassment practices.  Download this document as a PDF file. Each section of this document provides a list of relevant requirements and recommendations. Some practices may apply […]
- [New York City Issues Final AI Rules and New Enforcement Date](https://helpdesksuites.com/2023/04/25/new-york-city-issues-final-ai-rules-and-new-enforcement-date/):     The NYC Department of Consumer and Worker Protection (DCWP) has released updated guidelines to enforce its AI law, NYC Local Law 144 of 2021. This law regulates the use of Automated Employment Decision Tools (AEDTs) by employers and employment agencies in making employment decisions.   Initial rules were proposed on September 23, 2022, with updates following a public hearing on November 4, 2022, and further revisions on December 23, 2022. After a hearing on January 23, 2022, the final version of the rules was released on April 6, 2023. Enforcement has been delayed until July 6, 2023.   The […]
- [Code-Switching and DEI Programs: Reducing the Need for Adaptation in the Workplace](https://helpdesksuites.com/2023/04/25/code-switching-and-dei-programs-reducing-the-need-for-adaptation-in-the-workplace/):   Hey Compliance Warriors,   In today’s globalized and diverse professional landscape, individuals often engage in code-switching to adapt their language, tone, and communication style to suit different contexts. While code-switching can be a valuable tool, it may also contribute to feelings of inauthenticity and alienation for some employees. A comprehensive Diversity, Equity, and Inclusion (DEI) program can help limit the need for code-switching, fostering a more authentic and inclusive workplace for all. In this blog post, we will explore code-switching in the workplace and discuss how DEI programs can reduce the need for this linguistic adaptation.   Understanding Code-Switching in […]
- [Virginia Legislation Update 2023](https://helpdesksuites.com/2023/04/25/virginia-legislation-update-2023/):   Hey Compliance Warriors!   If you have employees that work in Virginia, this post is for you! The Virginia legislative session of 2023 concluded last month, featuring less activity than in previous years due to the politically divided government. This summary highlights some of the employment-related bills that were passed during this term.   Employee Social Security Numbers Usage Governor approved Senate Bill 1040 on March 21, 2023, which restricts the use of employees’ social security numbers in specific ways. The bill adds Virginia Code § 40.1-28.7:10, forbidding employers from using an employee’s social security number or a derivative thereof […]
- [HR Update: April 25th, 2023](https://helpdesksuites.com/2023/04/25/hr-update-april-25th-2023/):   FTC Commissioner Endorses Exempting Organizing Gig Workers From Antitrust Liability Patterson Belknap Webb & Tyler LLP Commissioner Alvaro M. Bedoya of the Federal Trade Commission recently addressed a key tension brewing in the consumer protection and antitrust…   FAQs Address ACA Preventive Care Questions Post-Braidwood Seyfarth Shaw LLP The Tri-Agencies issued Frequently Asked Questions addressing the impact of the Braidwood decision on the ACA’s preventive care mandate, including…   Delaware Legalizes Recreational Marijuana Jackson Lewis PC Delaware became the latest state to legalize recreational marijuana on April 23, 2023 when the State’s Governor failed to veto two bills that allow… […]
- [Boss Call for April 28th, 2023: Using ChatGPT in HR: Pros, Cons, and Legal Considerations](https://helpdesksuites.com/2023/04/25/boss-call-for-april-28th-2023-using-chatgpt-in-hr-pros-cons-and-legal-considerations/):     Boss Calls Succeed. Be a Compliance Boss. Friday, April 28th, 2023 Noon – 1 pm CENTRAL   Hey Bosses!   Are you considering using AI / ChaptGPT in your Human Resources department? Are you concerned about remaining compliant and navigating the complex legal landscape with confidence?   If you answered YES to the above questions, join Lisa Smith, SPHR, SCP, and EEOC Cert. Investigator for a 60-minute discussion regarding the pros and cons and legal considerations of implementing AI / ChaptGPT in your Human Resources department.   Boss Call Highlights – Learn the pros and cons: Dive into the […]
- [Broadbanding in Human Resources: An In-Depth Look at its Pros and Cons](https://helpdesksuites.com/2023/04/23/broadbanding-in-human-resources-an-in-depth-look-at-its-pros-and-cons/):   In today’s fast-paced and dynamic business environment, organizations are continually seeking ways to adapt and streamline their operations. One area that has seen significant changes is human resources, particularly in how companies manage their compensation structures. Broadbanding has emerged as a popular approach that offers increased flexibility and simplicity in this domain. In this blog post, we will delve into what broadbanding is, explore its advantages and disadvantages, and provide insights for organizations considering this method for their HR systems.   What is Broadbanding? Broadbanding is a practice in human resources and compensation management that consolidates a wide range of […]
- [We are having issues with employee restroom etiquette. Please help me with some ideas that will improve these problems.](https://helpdesksuites.com/2023/04/23/we-are-having-issues-with-employee-restroom-etiquette-please-help-me-with-some-ideas-that-will-improve-these-problems/): QUESTION: We are having issues with employee restroom etiquette. Please help me with some ideas that will improve these problems.   ANSWER:   Certainly! Maintaining good restroom etiquette is important for a positive work environment. Here are some ideas to address common issues and improve the overall restroom experience for your employees:   Clear signage: Post signs outlining proper restroom etiquette, such as washing hands, flushing toilets, and disposing of trash properly. Use clear, concise language and graphics to ensure understanding. Regular cleaning: Schedule regular restroom cleaning to ensure cleanliness and reduce unpleasant odors. This will also help to create a […]
- [It’s Always a Good Time to Review Your Handbook – So Says the Court!](https://helpdesksuites.com/2023/04/20/its-always-a-good-time-to-review-your-handbook-so-says-the-court/): Attorney Harrison Oldham       A recent decision out of the Northern District of Alabama should serve as a stark reminder that employers should be prepared to enforce any existing policy in an employee handbook, as written.   The case is Wilson v. Mercedes-Benz U.S. Int’l.  There, Mercedes-Benz U.S. International, Inc. (“MBUSI” or “Defendant”) hired the Plaintiff, Ms. Wilson, to work at an MBUSI facility in the Assembly Department.  Like many companies, MBUSI maintains an employee handbook applicable to all employees, which includes attendance and anti-harassment policies.   MBUSI’s attendance and harassment policies follow a progressive discipline framework, which includes […]
- [Introduction to Cyber Security:  Understanding the Importance of Protecting Your Digital World](https://helpdesksuites.com/2023/04/20/introduction-to-cyber-security-understanding-the-importance-of-protecting-your-digital-world/):   In today’s digital age, we rely heavily on technology for communication, commerce, and entertainment. With the increased use of smartphones, tablets, laptops, and other internet-connected devices, our personal and professional lives have become more vulnerable to cyber attacks. Cybersecurity has thus become a critical aspect of our digital world, and it is essential to understand the various types of cyber threats and the measures that can be taken to protect against them.   Overview of Cybersecurity   Cybersecurity refers to the practice of protecting computers, servers, mobile devices, electronic systems, networks, and data from digital attacks, theft, and damage. It […]
- [The Vital Role of Employee Handbooks: 3 Court Cases That Emphasize Their Importance](https://helpdesksuites.com/2023/04/20/the-vital-role-of-employee-handbooks-3-court-cases-that-emphasize-their-importance/):     In today’s competitive business environment, having an employment handbook is more important than ever. An employee handbook serves as a critical tool in establishing expectations, defining company policies, and ensuring legal compliance. It sets forth the rights and obligations of both employees and the employer, and can protect the company from potential legal disputes. In this blog post, we will discuss the importance of having an employment handbook and examine three court cases that demonstrate the need for a well-drafted handbook.   1. Clarity in Employment Terms: Toussaint v. Blue Cross & Blue Shield of Michigan In the case […]
- [Embracing the Future: The Benefits of Automated Performance Evaluation Solutions](https://helpdesksuites.com/2023/04/20/embracing-the-future-the-benefits-of-automated-performance-evaluation-solutions/):     Performance evaluations play a crucial role in managing employees and fostering growth within an organization. Traditionally, these evaluations have been conducted using paper-based processes, which can be time-consuming and prone to errors. With the rapid advancement of technology, automated performance evaluation solutions have emerged as a more efficient and accurate alternative. In this blog post, we will delve into the benefits of using an automated performance evaluation solution as opposed to a paper-based process, highlighting the advantages it can bring to your organization.   Benefits of Automated Performance Evaluation Solutions   Enhanced Efficiency and Accuracy One of the most […]
- [HR Update: April 17th, 2023](https://helpdesksuites.com/2023/04/17/hr-update-april-17th-2023/):   Deadline Extended Until August 31, 2023 for Businesses to Comply with Connecticut’s Mandatory Retirement Program Back in 2016, Connecticut enacted legislation that established the Connecticut Retirement Security Program, a state-run Individual Retirement Arrangement (IRA) program administered by the Office of the State Comptroller. After a slow start, this mandatory program officially launched in March 2022. The program requires that private-sector employers with five or more employees in Connecticut — at least five of whom have been paid more than $5,000 in the previous calendar year — join MyCTSavings if they do not already offer a qualified, employer-sponsored retirement plan for […]
- [How can I address employee hygiene issues professionally?](https://helpdesksuites.com/2023/04/17/how-can-i-address-employee-hygiene-issues-professionally/): QUESTION: How can I address employee hygiene issues professionally?  Thank you!!   ANSWER: In today’s fast-paced work environment, it’s crucial to maintain a clean and healthy atmosphere. Employee hygiene plays a vital role in ensuring a pleasant work experience for all. While it may be an uncomfortable topic to address, it is essential for maintaining a healthy and productive workplace. Let’s discuss the importance of employee hygiene at work, how to address the issue professionally, and practical tips for promoting good hygiene practices among employees.   Why Employee Hygiene Matters Health and Safety: Poor hygiene can lead to the spread of […]
- [The Crucial Role of Employee Training in Building a Successful Workforce](https://helpdesksuites.com/2023/04/17/the-crucial-role-of-employee-training-in-building-a-successful-workforce/):   As organizations continue to evolve and adapt to the ever-changing business landscape, one aspect that remains constant is the importance of training employees. Employee training is a crucial investment that can yield significant benefits for both the employees and the organization as a whole. Let’s explore the importance of employee training and highlight the many advantages it brings to businesses.   Enhancing Employee Skills and Knowledge One of the primary benefits of employee training is that it helps employees develop and enhance their skills and knowledge. Whether it’s onboarding new employees, upskilling existing employees, or cross-training employees for different roles, […]
- [How to Handle Employee Termination: 5 Essential Tips for Employers](https://helpdesksuites.com/2023/04/17/how-to-handle-employee-termination-5-essential-tips-for-employers/):   As an employer, one of the most challenging tasks you may face is terminating an employee. Employee termination can be a difficult and sensitive process that requires careful planning, clear communication, and compliance with legal requirements. Whether it’s due to performance issues, restructuring, or other reasons, here are five essential tips to help you navigate the process of employee termination effectively and professionally.   Be Prepared and Plan Ahead Before initiating employee termination, it’s crucial to be well-prepared and plan ahead. Review the employee’s performance records, employment contract, and any relevant policies or procedures. Consider consulting with human resources or […]
- [5 Functional Areas of Human Resources: Unlocking the Full Potential of Your Workforce](https://helpdesksuites.com/2023/04/17/5-functional-areas-of-human-resources-unlocking-the-full-potential-of-your-workforce/):     Human Resources (HR) plays an indispensable role in an organization’s success. From hiring the right people to ensuring employees are satisfied and productive, HR touches every aspect of an organization. The dynamic nature of the HR function requires a deep understanding of various functional areas. In this post, we will explore five functional areas of Human Resources and how they contribute to a thriving workplace.   Recruitment and Selection The recruitment and selection process is the cornerstone of any HR department. It involves identifying, attracting, and selecting suitable candidates to fill open positions within the organization. A well-planned recruitment […]
- [Navigating Tough Conversations at Work: Tips for Effective Communication](https://helpdesksuites.com/2023/04/17/navigating-tough-conversations-at-work-tips-for-effective-communication/): UH OH, IT LOOKS LIKE YOU DON’T HAVE ACCESS TO THIS CONTENT! If you’re not yet a member of the HelpDeskforHR.com then you should definitely check that out here – you’ll get access to this content and oh so much more, including courses, resources, and a community of Compliance Warriors. If you are already a member then it looks like you’re not logged in, so just enter your details in the login form below or click here to login and access this content. Having problems logging in? Contact us! We will be happy to confirm your level of access. The post Navigating Tough Conversations at Work: […]
- [How to Audit-Secure Your Business](https://helpdesksuites.com/2023/04/12/how-to-audit-secure-your-business/): An 8-step Formula for Surviving an Audit or Lawsuit   Oh my goodness! Will someone please address the problems with FLSA before this whole country explodes?   UH OH, IT LOOKS LIKE YOU DON’T HAVE ACCESS TO THIS CONTENT! If you’re not yet a member of the HelpDeskforHR.com then you should definitely check that out here – you’ll get access to this content and oh so much more, including courses, resources, and a community of Compliance Warriors. If you are already a member then it looks like you’re not logged in, so just enter your details in the login form below or click […]
- [Ninth Circuit Weighs Rules On Paid Leave Under USERRA Comparability Analysis](https://helpdesksuites.com/2023/04/12/ninth-circuit-weighs-rules-on-paid-leave-under-userra-comparability-analysis/): Attorney Harrison Oldham       Under USERRA, employers must provide employees who take military leave with the same rights and benefits as their colleagues who take “comparable” non-military leaves. So what is a comparable leave? Well, that is not always the easiest question to answer.  For instance, If the benefits vary, the employee must be given “the most favorable treatment according to any comparable form of leave.”   With that in mind, in Clarkson v. Alaska Airlines, Inc., the Ninth Circuit recently held the comparability analysis under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), in some instances, should […]
- [Texas: Can employers require use of PTO and can they mandate lunch breaks at a set time each day?](https://helpdesksuites.com/2023/04/12/texas-can-employers-require-use-of-pto-and-can-they-mandate-lunch-breaks-at-a-set-time-each-day/): QUESTION: Can a company require employees to (A) take a minimum amount of PTO, (B) require them to use PTO if they have it available, (C) require employees to take their lunch break at a specific time? For example, in our handbook it previously stated that employees must take at least 2 hours of PTO per PTO request. I have a couple of examples EX 1: An employee is scheduled to be at work at 8:00am. The employee calls their supervisor and says they will be 30 minutes late. The supervisor then tells them to not come in until 10:00am because […]
- [5 Ways Managers Are Driving Their Employees Insane](https://helpdesksuites.com/2023/04/12/5-ways-managers-are-driving-their-employees-insane-2/): Managers will inevitably drive their employees crazy. They’re people too. They aren’t perfect.   Andrew Saunders, writing on the U.K.-based website Management Today, recently compiled a list of the kind of behaviors managers, even if unknowingly, fall into. Enjoy and learn from these 5 ways managers are driving their employees insane.   UH OH, IT LOOKS LIKE YOU DON’T HAVE ACCESS TO THIS CONTENT! If you’re not yet a member of the HelpDeskforHR.com then you should definitely check that out here – you’ll get access to this content and oh so much more, including courses, resources, and a community of Compliance Warriors. […]
- [HR Update: April 12th, 2023](https://helpdesksuites.com/2023/04/12/hr-update-april-12th-2023/):   Colorado’s Pay Transparency Laws  Colorado Insights / Colorado’s Equal Pay for Equal Work Act (“EPEWA”) requires employers to include compensation and benefits information in all job postings…   Court of Appeal Places Stricter Requirements on Employee E-Mail Access Policies  California In modern business, nearly every employee and executive has access to, and uses a computer on a regular basis. In line with this, employers expect…   DOL, HHS, and IRS Issue Report Showing High Demand for Surprise Billing IDR Process The U.S. Department of Labor (DOL), Health and Human Services (HHS), and Internal Revenue Service (IRS) have issued an initial […]
- [Pregnant Employees Were Denied Accommodations and Required to Submit to Unnecessary Medical Examinations](https://helpdesksuites.com/2023/04/12/pregnant-employees-were-denied-accommodations-and-required-to-submit-to-unnecessary-medical-examinations/):   Symphony Deerbrook, LLC will pay $400,000 and furnish other relief to settle a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) over conduct at its Symphony of Joliet facility, the federal agency announced today.   In its lawsuit, the EEOC charged that Symphony, a skilled nursing and rehabilitation facility, imple­mented a policy requiring employees to inform the company of any pregnancy and to obtain a note from their doctor releasing them to work without restrictions. The EEOC also alleged that Symphony denied employees with pregnancy-related restrictions reasonable accommodations and terminated them though other employees with similar […]
- [Healthcare facility’s payroll systems automatically deducted meal periods, when taken or not](https://helpdesksuites.com/2023/04/12/healthcare-facilitys-payroll-systems-automatically-deducted-meal-periods-when-taken-or-not/):   Hey Compliance Warriors,   The demands of the job sometimes require employees in the healthcare industry to work through their meal periods but as many employers – including Detroit Medical Center – learn eventually, federal law says these employees must be paid when their duties demand they work through or during meal periods.   A review of payroll records at VHS of Michigan Inc. ­– operating as Detroit Medical Center  ­–  by the U.S. Department of Labor’s Wage and Hour Division determined the facility failed to pay 13 employees for missed meal periods when their meal periods were interrupted or not taken […]
- [OHIO LATHE MILL PAYS $22K IN CHILD LABOR PENALTIES AFTER 15-YEAR-OLD SUFFERS INJURY WHILE WORKING IN A SAWMILL](https://helpdesksuites.com/2023/04/12/ohio-lathe-mill-pays-22k-in-child-labor-penalties-after-15-year-old-suffers-injury-while-working-in-a-sawmill/):   Hey Compliance Warriors,   An Ohio lathe mill has paid an enhanced child labor enforcement penalty of $22,093 after  federal investigators found the company employed a 15-year-old worker illegally in a hazardous occupation –the operation of a sawmill – which led the worker to suffer injury when he became entangled in the gears of a powered wood processing machine.   Federal child labor laws, enforced by the U.S. Department of Labor’s Wage and Hour Division, forbid minors under age 18 from employment in hazardous occupations.   In addition to the hazardous occupation violation, division investigators learned Walnut Creek Lumber in […]
- [US DEPARTMENT OF LABOR TO HOST ONLINE FORUM FOR EMPLOYERS, CONTRACTORS, WORKERS, OTHER STAKEHOLDERS ON WORKPLACE COMPLIANCE, OTHER ISSUES](https://helpdesksuites.com/2023/04/12/us-department-of-labor-to-host-online-forum-for-employers-contractors-workers-other-stakeholders-on-workplace-compliance-other-issues/):   Hey Compliance Warriors,   The DOL is hosting a FREE webinar you won’t want to miss!   WHO:             U.S. Department of Labor’s Wage and Hour Division WHAT:          2023 Department of Labor Forum–Partnering to Build Sustainable Compliance WHEN:          May 2 and 3, 2023 9 a.m. to 4:30 p.m. CDT WHERE:       Online event   Attendance is free, but registration is required. An event link will be provided after registration.   Background: Organized by the Wage and Hour Division in Dallas, the forum will include panel discussions on compliance with federal laws governing wages and other workplace issues. The forum will include representatives of […]
- [Supreme Court Decides Highly Compensated Daily-Rate Employees Are Not Paid a Salary and May Be Entitled To Overtime](https://helpdesksuites.com/2023/04/04/supreme-court-decides-highly-compensated-daily-rate-employees-are-not-paid-a-salary-and-may-be-entitled-to-overtime/): Attorney Harrison Oldham       On February 22, 2023, the Supreme Court decided Helix Energy Solutions Group v. Hewitt, which clarified the requirements for highly compensated employees to be considered executives exempt from overtime pay under the Fair Labor Standards Act (“FLSA”).  In Helix Energy, the Supreme Court ruled that a highly compensated former employee was entitled to overtime pay despite earning more than $200,000 annually because he was paid a “daily rate.”   Case Overview   Before digging into the ruling, let’s quickly examine the underlying case.   Michael Hewitt was a former oil-rig employee who worked for Helix Energy Solutions Group in […]
- [Cologuard Manufacturer Rejected Qualified Applicant It Viewed as Too Old, Federal Agency Charges](https://helpdesksuites.com/2023/04/04/cologuard-manufacturer-rejected-qualified-applicant-it-viewed-as-too-old-federal-agency-charges/):   Hey Compliance Warriors!               Exact Sciences Laboratories, LLC, manufacturer of the Cologuard colon cancer screening test, violated federal law by discriminating against a job applicant based on his age, according to a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).                According to the EEOC’s lawsuit, John Larkin was interviewed for a professional medical sales representative role in 2018. Afterward, an Exact Sciences recruiting consultant told Larkin he was not selected because the company was seeking “more junior” job applicants. The company then hired a younger […]
- [When is an employee officially out on FMLA leave?](https://helpdesksuites.com/2023/04/04/when-is-an-employee-officially-out-on-fmla-leave/): Question: I have an employee that I have given FMLA paperwork to that is going through mental issues. She gave her new Therapist the paperwork and her Dr hand wrote on the back of the FMLA paperwork that she could not fill out the paperwork at this time. Is that employee on FMLA? I have nothing stating any reason for it now. Other then a hand written note saying she will not be filling it out at this time.   Answer: Generally, the Family and Medical Leave Act (“FMLA”) permits employers to require employees to obtain a completed certification from the […]
- [Boss Call for April 12th, 2023: Using Assessments in Hiring and Talent Development](https://helpdesksuites.com/2023/04/04/boss-call-for-april-12th-2023-using-assessments-in-hiring-and-talent-development/):     Boss Calls Succeed. Be a Compliance Boss. Wednesday, April 12th, 2023 1 – 2:30 pm CENTRAL   Hey Bosses!   This Boss Call is one you will not want to miss!   We all know recruiting, hiring, and maintaining top talent is a struggle all HR managers and talent acquisition professionals struggle with on a regular basis. But, there are some things you can do to move this process in a more positive direction.   Join me and guest expert, Aaron Bowen – Client Success Manager for The Hire Talent, for an eye-opening discussion during which we will answer […]
- [Employers: Watch out for Employee Retention Credit schemes](https://helpdesksuites.com/2023/04/04/employers-watch-out-for-employee-retention-credit-schemes/):   The IRS and tax professionals continue to see third parties aggressively promoting Employee Retention Credit schemes on radio and online.   Filers should carefully review the ERC guidelines before trying to claim the credit and be wary of offers promising tax savings that are too good to be true. Tax professionals are also reporting receiving undue pressure from clients to claim the ERC as a result of these scams.   These promoters push ineligible people to file a claim for the credit while charging the filer either large upfront fees or a fee that is contingent on the amount of their refund. […]
- [EEOC SUES T.C. WHEELERS FOR HARASSING AND DRIVING OUT TRANSGENDER EMPLOYEE](https://helpdesksuites.com/2023/04/04/eeoc-sues-t-c-wheelers-for-harassing-and-driving-out-transgender-employee/):   T C Wheelers, Inc., which operates T.C. Wheelers Bar & Pizzeria in Tonawanda, New York, violated federal law when management and employees harassed an employee because of his gender identity, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed March 29, 2023.       The EEOC alleges that beginning in January 2021, one of T.C. Wheelers’ owners repeatedly harassed Quinn J. Gambino, a transgender male, including telling Gambino that he “wasn’t a real man,” asking invasive questions about his transition, and asking, “Does she have female parts?” According to the EEOC’s complaint, T.C. Wheelers’ owners also […]
- [HR Update: April 3rd, 2023](https://helpdesksuites.com/2023/04/03/hr-update-april-3rd-2023/): Michigan Repeals Right-to-Work Law In 2012, Michigan enacted a right-to-work statute that prevented employees from being forced to join or financially support a labor union as a condition of employment. On Friday, March 24, 2023, Michigan became the first state in 58 years to repeal its right-to-work statute. The repeal will take effect on March 30, 2024, and have a significant impact on employees, employers, and labor unions alike. Learn More   NLRB General Counsel Provides Guidance on Non-Disparagement and Confidentiality Provisions in Severance Agreements The National Labor Relations Board recently issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding […]
- [Restoring Overtime Pay Act of 2023: What you need to know.](https://helpdesksuites.com/2023/03/31/restoring-overtime-pay-act-of-2023-what-you-need-to-know/):   Hey Compliance Warriors!   We are getting closer to seeing action on the much-anticipated increase to the salary threshold for overtime-exempt employees.   On Wednesday, the Restoring Overtime Pay Act of 2023 was introduced into both House and Senate would increase the salary threshold for exempt workers over the next 4 years and possibly beyond. https://www.brown.senate.gov/imo/media/doc/overtime_reform_bill_2023.pdf   If the bill becomes law in 2023, the salary level for overtime-exempt workers would immediately jump to $45,000 per year, which is about $865 per week. The current requirement is $684/week. The salary level would then increase by $10,000 in January 2024, 2025, and […]
- [EEOC SUES WALMART FOR DISABILITY DISCRIMINATION](https://helpdesksuites.com/2023/03/29/eeoc-sues-walmart-for-disability-discrimination/):     Wal-Mart Stores East, LP violated federal law when it refused to excuse an employee’s disability-related leave and discharged her for violating the company’s attendance policy, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed this week.   According to the EEOC’s lawsuit, on several occasions from November 2016 through April 2017, Walmart refused to provide a reasonable accommodation to a deli associate who was suffering from symptoms related to Crohn’s disease. Specifically, the associate requested intermittent leave or excused disability-related absences and requested to be transferred to a position closer to a bathroom.  Although Walmart excused […]
- [U.S. Department of Labor Releases Guidance on Telework and FMLA](https://helpdesksuites.com/2023/03/28/u-s-department-of-labor-releases-guidance-on-telework-and-fmla/): Attorney Harrison Oldham     On Feb. 9, 2023, the U.S. Department of Labor (“DOL”) Wage and Hour Division (the agency tasked with administration and enforcement of the Family and Medical Leave Act (“FMLA”)), issued a Field Assistance Bulletin advising on specific applications of the Fair Labor Standards Act (“FLSA”) and FMLA for teleworking employees. The new guidance interprets the requirements of the FMLA and how they interact with other federal labor and employment laws with a primary focus on their relation to telework. In summary, the field assistance bulletin confirms that FLSA and FMLA requirements apply whether employees work at […]
- [Podcast: My Customer said their SNAKE is a SERVICE SNAKE. Is that a thing?](https://helpdesksuites.com/2023/03/28/podcast-my-customer-said-their-snake-is-a-service-snake-is-that-a-thing/): Hey Compliance Warriors,   Today we discuss guidelines for allowing/not allowing service animals into your business. We talk about the questions you can and cannot ask the customer about the animals as well as the difference between service animals and emotional support animals!   Further Reading: https://helpdeskforhr.com/2023/01/25/ada-am-i-allowed-to-ask-a-customer-if-a-dog-is-a-service-dog/ Great article: https://petkeen.com/can-a-snake-be-a-service-animal/   Want to sign-up for HelpDesk for HR?   Click here and Use Code: PODCASTSPECIAL for $224 off of the annual membership ($675/yr regular rate is  $899/yr)   Listen here: https://helpdeskforhr.com/blog/podcast/   SBS – 7 – 2023 TRANSCRIPT   To learn more about our services visit HelpDeskforHR.com. Follow us on Twitter @ […]
- [Fifth Circuit Sides with Employer’s “Most Qualified Applicant Policy” Over a Requested Reasonable Accommodation](https://helpdesksuites.com/2023/03/28/fifth-circuit-sides-with-employers-most-qualified-applicant-policy-over-a-requested-reasonable-accommodation/): Attorney Harrison Oldham     On March 17, 2023, the Fifth Circuit Court of Appeals filed its opinion in the EEOC vs. the Methodist Hospitals of Dallas (the “Hospital”). The case is significant because (i) it considers the Hospital’s obligation to transfer a disabled employee, who could not perform the essential functions of their current position, to an open, vacant position, and (ii) the court ultimately ruled that the Hospital did not need to change its policy of hiring the most qualified candidate for a vacant position – even if doing so means rejecting a disabled employee that meets the minimum qualifications for […]
- [Our employee was just hired and six days later he said he was joining the military. Are we required to hold his position for him regardless of how long he has been an employee?](https://helpdesksuites.com/2023/03/28/our-employee-was-just-hired-and-six-days-later-he-said-he-was-joining-the-military-are-we-required-to-hold-his-position-for-him-regardless-of-how-long-he-has-been-an-employee/):   Question: I have an employee I just hired.  Six days later, he emailed stating he was joining the military and asked if we would hold his job for him. My question is are we required to hold his position for him regardless of how long he has been an employee?   Answer: This sounds like a USERRA question.  The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) was enacted to encourage non-career military service and to prevent discrimination against military service members.  To do so, USERRA provides several protections for employees in the armed forces. Specifically, employers may […]
- [Boss Call for March 29th, 2023: 10 Soft Skills HR Must Possess and Must Develop in Others](https://helpdesksuites.com/2023/03/28/boss-call-for-march-29th-2023-10-soft-skills-hr-must-possess-and-must-develop-in-others/):     Boss Calls Succeed. Be a Compliance Boss.   Hey Bosses! Are you ready for our last MARCH Boss Call?   TOMORROW! Wednesday, March 29th, 2023 from 1-2:30 pm CENTRAL – 10 Soft Skills HR Must Possess and Must Develop in Others   The meaning of Soft Skills can sometimes be difficult to describe. It can be that unique attribute or characteristic that facilitates great communication. It can be the special way that you show confidence in a challenging situation. “Soft Skills” truly are HARD SKILLS!   During this Call, you will begin to see how important it is to develop a […]
- [HR Update: March 28th, 2023](https://helpdesksuites.com/2023/03/28/hr-update-march-28th-2023/): “Stop-WOKE” Takes Aim at Florida’s Colleges and Universities Florida’s most recent anti-“WOKE” legislation places diversity-related work and diversity-focused positions on state campuses under threat. House Bill 999 (Postsecondary Educational Institutions), which was approved in a 12-5 party-line vote on March 13, follows a movement in the state led by Republican Governor Ron DeSantis to limit discussions on race, gender identity and sexuality in schools. It is the latest installment in a series of similar bills that have been enacted in Florida. Last year, the governor signed into law the “Stop WOKE” Act (which is currently pending appeal), which seeks to restrict […]
- [USCIS Announces End of SOME COVID-Related Flexibilities](https://helpdesksuites.com/2023/03/28/uscis-announces-end-of-some-covid-related-flexibilities/):   Hey Compliance Warriors,   U.S. Citizenship and Immigration Services today announced that certain flexibilities it first announced in March 2020, to address the COVID-19 pandemic  ended on March 23, 2023. USCIS previously notified the public in its Jan. 24, 2023, announcement that barring any changes presented by the pandemic, the extension of these flexibilities announced on Jan. 24 would be the last.   You must respond to any notices or requests from USCIS dated after March 23 by the deadlines listed in the notice or request. This includes: Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; […]
- [US DEPARTMENT OF LABOR RECOVERS $1.1M FROM TWO SAN DIEGO COMPANIES THAT PAID 50 MEXICAN WORKERS AS LITTLE AS $2.43 PER HOUR](https://helpdesksuites.com/2023/03/28/us-department-of-labor-recovers-1-1m-from-two-san-diego-companies-that-paid-50-mexican-workers-as-little-as-2-43-per-hour/):   Hey Compliance Warriors!   In its continuing effort to combat labor abuses of foreign workers in Southern California’s logistics and warehousing industries, the U.S. Department of Labor has recovered $1.1 million from two companies operating in the San Diego area – Freig Carrillo Forwarding Inc. and ACV Logistics Inc. – for 50 Mexican nationals, some paid as little as $2.43 an hour.   Federal investigators found the employers used affiliates to pay the affected workers in Mexican Pesos by direct deposit each week.   Since 2021, the department has recovered more than $2.2 million from other San Diego employers after the department’s Wage […]
- [US DEPARTMENT OF LABOR SUES KANSAS RESTAURANTS, OWNER TO RECOVER $771K IN MINIMUM WAGE AND OVERTIME BACK WAGES, DAMAGES FOR 75 EMPLOYEES](https://helpdesksuites.com/2023/03/28/us-department-of-labor-sues-kansas-restaurants-owner-to-recover-771k-in-minimum-wage-and-overtime-back-wages-damages-for-75-employees/):   Hey Compliance Warriors! The U.S. Department of Labor has filed suit against the owner of two Kansas restaurants who allegedly denied minimum and overtime wages to kitchen staff, servers, hosts and food runners after some worked as many as 66 hours per week.   Filed on March 15, 2023, in the U.S. District Court for the District of Kansas, the department’s complaint alleges El Toro Loco Legends LLC in Kansas City and El Toro Loco Lenexa LLC in Lenexa, and owner Alfonzo Herrera Hernandez, committed multiple violations of the federal minimum wage, overtime and recordkeeping requirements. The suit also names general […]
- [If an employee voluntarily terminates from the company within the introductory period, is it compliant for us to deduct the cost of pre-employment physicals and background checks if they agree and sign permission??](https://helpdesksuites.com/2023/03/28/if-an-employee-voluntarily-terminates-from-the-company-within-the-introductory-period-is-it-compliant-for-us-to-deduct-the-cost-of-pre-employment-physicals-and-background-checks-if-they-agree-and-sig/): Question: Our company states in our policy that any new employee enters into an introductory period of 90 days upon hire. My question is: If an employee voluntarily terminates from the company within the introductory period, is it compliant for us to deduct the cost of pre-employment physicals and background checks if they agree and sign permission?   Answer: Thanks for the question. In order to respond, I am going to assume that this employee in question is paid hourly – and not an exempt salaried employee.  As a general rule, if the exempt employee performs any work during the workweek, […]
- [Podcast: Naughty Girls Need Minimum Wage and Overtime Too!](https://helpdesksuites.com/2023/03/14/podcast-naughty-girls-need-minimum-wage-and-overtime-too/):   Hey Compliance Warriors,   This week we discuss a court case that took place where a club was misclassifying their dancers as independent contractors and you better believe they were ordered to pay up! Then we talk about some of the signs of employee vs. independent contractors. Lisa also talks about the 16-week HR study group she’s been conducting and how that is going. Listen here: https://helpdeskforhr.com/blog/podcast/ SBS-6-transcript TRANSCRIPT Want to sign-up for HelpDesk for HR?  Click here and Use Code: PODCAST SPECIAL for $224 off of the annual membership. To learn more about our services visit HelpDeskforHR.com.   Follow us […]
- [HR Update: March 14th, 2023](https://helpdesksuites.com/2023/03/14/hr-update-march-14th-2023/): USCIS Changes Policy Guidance Regarding Special Student Relief The U.S. Citizenship and Immigration Services recently announced that it is clarifying the validity period of off-campus employment authorization for international students pursuant to the Special Student Relief (SSR) package. Special Student Relief is the special benefit awarded to certain groups of international students who are here on F-1 status and are experiencing severe economic hardship due to emergent circumstances in their country. Learn More   New York Delays and Limits Regulation of “Quotas” for Warehouse Workers In June of 2022, the New York legislature passed the Warehouse Worker Protection Act (WWPA) (A10020/S8922), which […]
- [OSHA Injury Investigation Yields Safety Hazards, Employee Misclassification, and Child Labor Violations](https://helpdesksuites.com/2023/03/14/osha-injury-investigation-yields-safety-hazards-employee-misclassification-and-child-labor-violations/):   Hey Compliance Warriors!   It’s likely that the decisions Juan Felipe Gomez Toro made one day in February 2022 turned out to be more costly to his Lake Mary roofing contracting company than he might have imagined.   An inspection of a JGN Services LLC worksite in Orlando by the U.S. Department of Labor’s Occupational Safety and Health Administration after a 15-year-old minor fell approximately 20 feet from the roof of a two-story home in Orlando determined the contractor’s failure to ensure the use of federally required fall protection led the teenager to suffer severe head and spinal injuries, and spend six […]
- [Dear EEOC: Please help me understand the workplace protections regarding sexual orientation and gender identity.](https://helpdesksuites.com/2023/03/14/dear-eeoc-please-help-me-understand-the-workplace-protections-regarding-sexual-orientation-and-gender-identity/): In Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020),[1] the Supreme Court held that firing individuals because of their sexual orientation or transgender status violates Title VII’s prohibition on discrimination because of sex.  The Court reached its holding by focusing on the plain text of Title VII.  As the Court explained, “discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”  For example, if an employer fires an employee because she is a woman who is married to a woman, but would not do the same to a man married […]
- [Social Worker Fakes Emails to Try and Win Her Case!](https://helpdesksuites.com/2023/03/14/social-worker-fakes-emails-to-try-and-win-her-case/):   Hey Compliance Warriors!   I found this article by attorney Robin Shea discussing a bizarre attempt to win a case by faking emails.  Don’t try this at work (or at home)!   Stupid plaintiff tricks: Faking emails to win BY ROBIN SHEA  People, it doesn’t work.   There was a court decision last week from my home state of North Carolina that left me shaking my head.   A social worker sued her ex-employer, a non-profit, claiming (among other things) that she was fired for complaining that the employer didn’t comply with requirements of the U.S. Department of Housing and Urban Development. In […]
- [Podcast: At-home workers: Paid Breaks, Unpaid Breaks, Nursing Mothers, and the FMLA](https://helpdesksuites.com/2023/03/08/podcast-at-home-workers-paid-breaks-unpaid-breaks-nursing-mothers-and-the-fmla/):   Hey Compliance Warriors,   Today we discuss a new Field Assistance Bulletin published February 9, 2023. This DOL bulletin contains guidance about remote workers’ paid/unpaid breaks along with nursing mothers.  Links to everything we talked about are below. Link to DOL: https://www.dol.gov/agencies/whd/pump-at-work Field Assistance Bulletin: https://www.dol.gov/sites/dolgov/files/WHD/fab/2023-1.pdf Listen here: https://helpdeskforhr.com/blog/podcast/ SBS-2023-Episode-5 TRANSCRIPT Want to sign-up for HelpDesk for HR?  Click here and Use Code: PODCAST SPECIAL for $224 off of the annual membership. To learn more about our services visit HelpDeskforHR.com.   Follow us on Twitter @ HelpDeskforHR   Be Audit-Secure!   Lisa Smith, SPHR, SCP EEOC Certified EEO Investigator Become a […]
- [DOL Offers Free Webinar: PUMP Act and Extended Protections for Nursing Mothers at Work](https://helpdesksuites.com/2023/03/08/dol-offers-free-webinar-pump-act-and-extended-protections-for-nursing-mothers-at-work/):   Hey Compliance Warriors,   For more than a decade, the Fair Labor Standards Act has given many nursing mothers the space and break time needed to pump milk at work. The PUMP for Nursing Mothers Act, enacted in December 2022, extends these rights to millions more workers.   You are invited to a free webinar that will equip advocates with resources and tools to assist employees who wish to continue breastfeeding after returning to work and to help employers understand their responsibilities under the law.   The PUMP for Nursing Mothers Act: What Advocates and Employers Need to Know  Thursday, […]
- [HR by State Update: March 8th, 2023](https://helpdesksuites.com/2023/03/08/hr-by-state-update-march-8th-2023/): BIPA’s Per-Scan Damages May Create “Annihilative Liability” Illinois The Illinois Supreme Court recently clarified when a Biometric Information Privacy Act (BIPA) claim accrues: each time, and not just the first time…   Florida’s Amended NIL Law: The Game Is Changing (Again) Florida Florida Governor Ron DeSantis signed a bill in June 2020 allowing college athletes in Florida to earn compensation for using their name, image and…   California Court of Appeal Holds that Plaintiffs Can Pursue Non-Individual PAGA Claims in Court Despite Arbitration of Individual PAGA Claims California On February 2, 2023, the California Court of Appeal (Fifth District) in Galarsa v. Dolgen California […]
- [The NLRB Rules Against Overly Broad Severance Agreements](https://helpdesksuites.com/2023/03/08/the-nlrb-rules-against-overly-broad-severance-agreements/): Attorney Harrison Oldham       On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) held in McLaren Macomb, 372 NLRB No. 58 (2023), that an employer’s mere proffer of a severance agreement containing broad confidentiality and non-disparagement provisions was unlawful.   Under the current Board’s view, severance agreements are unlawful if they contain terms with a “reasonable tendency to interfere with, restrain, or coerce employees in the exercise of their Section 7 rights” under the National Labor Relations Act (“NLRA” or the “Act”).  As such, the NLRB examines severance agreements for language it deems too broad, coercive, or tending to chill […]
- [Fischer Connectors Fired HR Director Because of Her Age, EEOC Charges](https://helpdesksuites.com/2023/03/08/fischer-connectors-fired-hr-director-because-of-her-age-eeoc-charges/):   Hey Compliance Warriors!   Fischer Connectors, Inc., a Swiss-based national manufacturer of circular connectors used in medical devices, will pay $460,000 to settle an age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.   According to the EEOC’s suit, in early 2019, Fischer Connectors hired a new president, and under the direction of the president and chief executive officer, the company made plans to eliminate all older management and sales employees and replace them with a new, younger work force. The HR director then witnessed Fischer Connectors repeatedly turning down qualified older […]
- [Dear IRS: I’m new to payroll and struggling to get tax withholding right. Any advice?](https://helpdesksuites.com/2023/03/08/dear-irs-im-new-to-payroll-and-struggling-to-get-tax-withholding-right-any-advice/):   The federal income tax is a pay-as-you-go tax. Taxpayers pay the tax as they earn or receive income during the year. Taxpayers can avoid a surprise at tax time by periodically checking their withholding amount. The IRS urges employees and those who receive a pension or annuity to check their withholding every year. Here’s what to know about withholding and why checking it is important.   Understand tax withholding An employer generally withholds income tax from their employee’s paycheck and pays it to the IRS on their behalf. At the end of the year, the employer sends the employee Form W-2, […]
- [Podcast: My Employee Stripped After the Christmas Party!!](https://helpdesksuites.com/2023/03/01/podcast-my-employee-stripped-after-the-christmas-party/):   Hey Compliance Warriors,   Here is a funny/not funny question that came to our support team. This question brought up so many questions that we took a much deeper dive than we had expected!   Question: We had some employees leave our Christmas party and go elsewhere continuing to drink. They ended up at a strip club with one of our female employees getting up and dancing, including taking clothes off. Is there anything that needs to be done or said to these employees?   Listen here: https://helpdeskforhr.com/blog/podcast/   SBS-2023-Episode-4 TRANSCRIPT   To learn more about our services visit HelpDeskforHR.com. […]
- [A Rare Win for California Employers: Ninth Circuit Holds Federal Arbitration Act Preempts California’s AB 51, Allows Mandatory Arbitration Agreements to Continue](https://helpdesksuites.com/2023/03/01/a-rare-win-for-california-employers-ninth-circuit-holds-federal-arbitration-act-preempts-californias-ab-51-allows-mandatory-arbitration-agreements-to-continue/): Attorney Harrison Oldham     After nearly three years of legal challenges, the Ninth Circuit Court of Appeals, in Chamber of Commerce v. Bonta, affirmed a district court injunction striking down California Assembly Bill 51 (“AB 51”) because it is preempted by the Federal Arbitration Act (“FAA”).   In a significant win, California employers may continue implementing mandatory employment arbitration agreements for employee claims for unpaid wages, discrimination, and numerous other causes of action under the Labor Code and the Fair Employment and Housing Act (“FEHA”).   The Federal Arbitration Act   Congress enacted the FAA to promote agreements to arbitrate and combat […]

## Pages

- [contact](https://helpdesksuites.com/contact/): Our normal support staff monitors email submissions from 8 AM – 6 PM, Monday through Friday. Email is answered on Saturday between noon and 5 PM. Please be very specific with your questions and provide as much information as possible when explaining your situation. Please also be patient when posting a question as our support staff may not be in the same timezone as you. Thank you! Your Support Team ASK A QUESTION             Your question has been submitted! If you sent this question on Monday – Friday, you should have an answer within 24 hours. Note: […]
- [Ask the Attorney](https://helpdesksuites.com/ask-attorney/): Hey Compliance Warriors! Do you have a burning question for our attorney? Submit your question here and then watch for your answer in our Ask An Attorney feature each week. HD Deluxe members can submit 3 questions/yr at no extra charge! Click here to see what others have asked: https://helpdesksuites.com/ask-an-attorney/ Stay tuned! Your Support TeamHelpDeskSuites.com ASK THE ATTRONEY   Your question has been submitted! Look for an answer to your question here in the next 7 business days. Note: Refresh the page to reset the form. Name Email State Number of Employees Subject Message Submit Loading… [tcb-script] document.addEventListener(‘DOMContentLoaded’, function () { […]
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- [Getting Started Demos](https://helpdesksuites.com/getting-started/): ACCESSING DELUXE SUITE ACCESSING TOOL-KITS HR Tool-Kit Payroll Tool-Kit OSHA Tool-Kit Accounts Receivable Tool-Kit APPLICATION DEMOS Employee Handbook Creator Job Description Writer Interview Question Writer Job Post Genie Job Description Genie Document Libraries Calculators The Interactive Proccess SOP Writer
- [How to Be Audit Secure Mini-Course](https://helpdesksuites.com/how-to-be-audit-secure-mini-course/): Introduction Part One – Reasonable Basis Part Two – Rule of 3’s Part Three – Policies and Procedures Part Four – Standard Operating Procedures Part Four – Communication Part Five – Internal Audits
- [Deluxe Dashboard](https://helpdesksuites.com/deluxe-dashboard/): [tcb-script]function getCookie(cookieName) { const cookies = document.cookie.split(‘;’); for (let i = 0; i < cookies.length; i++) { const cookie = cookies[i].trim(); if (cookie.startsWith(cookieName + ‘=’)) { return cookie.substring(cookieName.length + 1); } } return null;}// Example usage// let user;window.onload = ()=>{ fetch(‘https://hdhr-apps-api.herokuapp.com/blog-feed’) .then(response => response.json()) .then(feed => { allFeedItems = feed; renderFeedItems(0, feedItemsToShow); if (feedItemsToShow >= allFeedItems.length) { loadMoreButton.style.display = ‘none’; // Hide the button when all items are shown initially } else { loadMoreButton.addEventListener(‘click’, loadMoreFeedItems); } }) .catch(error => { console.error(‘Error fetching blog feed:’, error); }); const displayNameCkie = document.cookie.split(‘; ‘).find(row => row.startsWith(‘displayName=’)); if (displayNameCkie) { const displayName = displayNameCkie.split(‘=’)[1]; document.getElementById(‘userName’).innerHTML […]
- [Thank You PLS Suite Deluxe member](https://helpdesksuites.com/thank-you-pls-suite-deluxe-member/): [tcb-script]function getCookie(cookieName) { const cookies = document.cookie.split(‘;’); for (let i = 0; i < cookies.length; i++) { const cookie = cookies[i].trim(); if (cookie.startsWith(cookieName + ‘=’)) { return cookie.substring(cookieName.length + 1); } } return null;}const cookieValue = getCookie(‘LaUserDetails’);if (cookieValue) { user = JSON.parse(decodeURIComponent(cookieValue));console.log(user)document.getElementById(‘user’).innerHTML = `Welcome ${user.firstName}!`;} else {document.getElementById(‘userContainer’).style.display = ‘none’; console.log(‘Cookie not found’);}[/tcb-script] “Thank You for registering your  HelpDesk Deluxe Suite Membership!“ Please watch this welcome video from our Chief Content Officer Lisa Smith GETTING STARTED CHECKLIST: GETTING STARTED VIDEOS EMAIL WHITELISTING JOIN FACEBOOK GROUP  GO TO THE PRODUCT DASHBOARD HELP US HELP YOU. TAKE THE SURVEY BELOW. Loading…
- [PLS Deluxe Suite Registration](https://helpdesksuites.com/registration-pls-suite-deluxe/): HelpDesk Deluxe Suite Registration [tcb-script] // Get references to the input elements const input1 = document.getElementById(‘mepr_activation_code1’); const input2 = document.getElementById(‘mepr_coupon_code-119113’); // Add event listener to input1 input1.addEventListener(‘input’, function() { // Update input2 value with input1 value input2.value = input1.value; }); // Add event listener to input2 input2.addEventListener(‘input’, function() { // Update input1 value with input2 value input1.value = input2.value; }); // Focus on input2 input1.addEventListener(‘click’, function() { input2.click(); }); // Unfocus input2 input1.addEventListener(‘blur’, function() { input2.blur(); });[/tcb-script][tcb-script]document.addEventListener(‘DOMContentLoaded’, function() { const activationInput = document.getElementById(‘mepr_activation_code1’); const couponInput = document.getElementById(‘mepr_coupon_code-119113’); if (activationInput && couponInput) { activationInput.addEventListener(‘input’, function() { couponInput.value = activationInput.value; }); }});[/tcb-script]
- [HelpDesk Deluxe Suite Features](https://helpdesksuites.com/helpdesk-deluxe-suite-features/): HelpDesk Deluxe Suite Compliance Tool-kits and Applications to help you to Be Audit Secure ™. SEE PURCHASING OPTIONS Unlimited HR Email Support Monday-Friday Unlimited Email HR Support. No Question is Too Big Or Small Ask us any HR or payroll-related questions you have. Our SPHR / SCP Certified team of professionals will have the answers for you – the same day! This is the perfect research assistant to help get you through tough situations, provide policy or form samples, get referenced information to help you stay compliant with state and federal regulations and more! Unveil self-audit checklists, state-specific wage laws, IRS […]
- [Store](https://helpdesksuites.com/store/): [tcb-script] function toggleDescription(cardId) { var card = document.getElementById(cardId); var description = document.getElementById(cardId + “-desc”); var showMoreBtn = document.getElementById(cardId + “-btn”); if (card.classList.contains(“expanded”)) { card.classList.remove(“expanded”); description.style.webkitLineClamp = “3”; showMoreBtn.innerHTML = “Read More”; } else { card.classList.add(“expanded”); description.style.webkitLineClamp = “unset”; showMoreBtn.innerHTML = “Read Less”; } }[/tcb-script] [tcb-script]let products = [{ id:0, name: ‘HelpDesk for HR (HelpDesk Suites Special Price)’, description:`<p>We’re excited that you are interested in our services! We know HelpDeskforHR.com – is going to make life easier for HR Pros across the nation.</p><h4><strong>Live Web Calls and Conversations</strong></h4><p>Some call these Calls “office hours”. But, we want our members to crush HR so we […]
- [Home](https://helpdesksuites.com/): Be Audit-Secure® Your Online HR Assistant.On call. On budget. On your side. Tool-kits, applications, and a 650+ document library that get HR, payroll, and compliance off your plate — built for the person wearing every hat. Get Lifetime Access — $675 See What’s Inside Trusted by HR pros since 2013  ·  One payment. No annual fees. Ever. 10 HR applications 650+ forms, policies & templates 4 compliance tool-kits 1,800+ answered member FAQs What’s inside How Can HelpDesk Suites Help You? The two biggest threats to any compliance program are time and money. Every piece of this membership exists to give you […]
- [Blog](https://helpdesksuites.com/account/blog/): Loading…[tcb-script] // Initialize variables const feedContainer = document.getElementById(‘feedContainer’); const loadingSpinner = document.getElementById(‘loadingSpinner’); // Utility to safely extract content function extractContent(data) { return data && data.rendered ? data.rendered : ”; } // Render feed items function renderFeedItems(feedItems) { console.log(‘Rendering feed items:’, feedItems); // Debugging: Log the items to be rendered try { if (!feedItems || feedItems.length === 0) { console.error(‘No feed items available to render.’); return; } feedItems.forEach(item => { try { console.log(‘Processing item:’, item); // Debugging: Log each item being processed const title = item?.title?.rendered || ‘No title available’; // Safely extract title const link = item?.link || ‘#’; // Safely […]
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- [Free Be Audit Secure Course](https://helpdesksuites.com/free-be-audit-secure-course/)
- [Are you new to HR](https://helpdesksuites.com/are-you-new-to-hr/): Are you new to HR? Are you newly assigned to HR? Or maybe you’re a business owner with new employees struggling to learn the ins and outs of HR compliance? Do you wear many hats: HR/Payroll/Office Manager/Event Planner/ Babysitter? – If so, you are in the right place! – We have the Essential Training and Support you need to keep up with the ongoing changes to the law and maintain solid HR compliance. We Understand The Daily Struggle Employers And Human Resources Professionals Face When Working To Maintain Employment Law Compliance STOP US IF ANY OF THIS SOUNDS FAMILIAR… You purchased […]
- [HelpDesk Suite Deluxe Details](https://helpdesksuites.com/helpdesk-suite-deluxe-details/): Are you an overwhelmed HR professional?  Boost your compliance-confidence from unsure to Audit-Secure! You can be prepared when an auditor, litigator or big boss comes knocking on your door.  Take back your work day. Eliminate your stress & worry when it comes to difficult HR tasks or research.   Let us be your HelpDesk for HR. We are your HelpDesk for HR Start the process of getting the essential training and support you need today. As you dive into our system, you’ll also find more advanced material to help you on your way to becoming a true HR pro. Our products […]
- [Interactive Process](https://helpdesksuites.com/interactive-process/)
- [Forms Documents, Polices, and Procedures Library](https://helpdesksuites.com/forms-documents-policy-and-procedure-library/)
- [Mini Course Login Page](https://helpdesksuites.com/mini-course-login-page/): Username or Email Address Password Remember me Log In I have forgotten my password Password Reset Please enter your email address. You will receive a link to create a new password via email Username or Email Address Get New Password Back to login Password Reset The instructions to reset your password are sent to the email address you provided. If you did not receive the email, please check your spam folder as well Back to login You are already logged in Log Out
- [Employee Handbook Creator](https://helpdesksuites.com/employee-handbook-creator-signup/): Secure Your BusinessSet ExpectationsSave TimeEmployee Handbook Creator The Be Audit-Secure Employee Handbook Creator is a simple solution to a complicated problem. Every business should have an employee handbook. These documents allow us to set expectations on day one of employment. When employees know the rules, they can more easily embrace and follow them from the beginning of the employment relationship. As an HR professional and/or employer, your job is to protect the company. A thorough and well-designed employee handbook will help you achieve your goals and benefit not only the company, but all organizational stakeholders. Handbooks are never actually “complete”. Our […]
- [Salary Finder](https://helpdesksuites.com/salary-finder/): Welcome to the Salary Finder!                                                                                          Find your salary by following these simple steps. Enter your State Decide if you wish to narrow your search to a city in your state Enter the correct spelling of your city. You will not see a dropdown list of options. Enter your job title and choose the closest title to fit […]
- [Standard Operating Procedure Writer](https://helpdesksuites.com/standard-operating-procedure-writer/): Welcome to our SOP Development Guide. Using this guide is very simple. Start by clicking the SOP Development Guide link below. Read my introduction and choose one task routinely performed within your organization that needs an SOP for clarification and employee training. Next, read through the formatting example and then view the samples provided when you click on the other 3 links. Choose a format from the 3 samples and then you’re ready to begin! Remember, you do not have to build a perfect SOP the first time out. You can put together a rough draft and then edit the SOP […]
- [Policy and Procedure Library](https://helpdesksuites.com/policy-and-procedure-library/):         Our Policies and Procedure Library has moved! Click here to go to the new Library.
- [Forms and Documents Library](https://helpdesksuites.com/forms-and-documents-library/):         Our Forms and Documents Library has moved! Click here to go to the new Library.
- [CoronaVirus COVID-19 Resource Center](https://helpdesksuites.com/coronavirus-covid-19-resource-center/): Be Audit-Secure COVID-19 Resource Center Hey Compliance Warriors! We’ve put together an entire page just for you, compiling all the resources you’ll need to make it through this crisis. I’ll keep things up to date as we expand our toolbox, so keep coming back to visit for more new things!                                                               – Aaron Bowen Be Audit-Secure’s COVID-19 Task Force Chief Aaron’s Remote Corner  Recommended Resources Covid-19 Forms and Documents COVID-19 Tracker COVID-19 […]
- [Home Page](https://helpdesksuites.com/welcome-to-your-hr-helpdesk/): Welcome to HelpDesk Suites – Your Personal HelpDesk for HR We Help Overwhelmed HR Professionals Move Compliance Confidence Levels from Unsure to Audit-Secure! You Will Be Confident and Credible When an Auditor, Litigator or Big Boss Knocks On Your Door. Eliminate the Stress and Uncertainty of Not Knowing What You Don’t Know Today! Innovative Products + Fair Prices = Happy Customers “ I left a review but there are really no words to accurately describe how grateful I am for HelpDesk Suites. The work that y’all do for us to help us all stay in compliance is absolutely priceless. Thank you […]
- [Interview Question Writer](https://helpdesksuites.com/interview-question-writer/)
- [Performance Evaluation](https://helpdesksuites.com/performance-evaluation/)
- [W-4 2020 FAQs](https://helpdesksuites.com/w-4-guidance-2020/w-4-2020-faqs/): General FAQs   1. Why redesign Form W-4? The new design reduces the form’s complexity and increases the transparency and accuracy of the withholding system. While it uses the same underlying information as the old design, it replaces complicated worksheets with more straightforward questions that make accurate withholding easier for employees.  2. What happened to withholding allowances? Allowances are no longer used for the redesigned Form W-4. This change is meant to increase transparency, simplicity, and accuracy of the form. In the past, the value of a withholding allowance was tied to the amount of the personal exemption. Due to […]
- [W-4 Guidance 2021](https://helpdesksuites.com/w-4-guidance-2020/): IRS FAQs on the 2021 Form W-4 W-4 Tax Withholding Estimator  IRS W-4 Instructions for Employers 15T W-4 2021 IRS Training Video – W4 2020 IRS W-4 2020 Video Slides W-4 2020 Video TRANSCRIPT  
- [Deluxe Dashboard](https://helpdesksuites.com/deluxe-dashboard-old/): You will find the following RECENTLY ADDED  items in the Forms, Docs, Policies and Procedures Library MAY Workplace Theft Incident Report Cyber Security Training Outline I-9 Physical Document Inspection Sample Email Request for Employee Assistance with I-9 Correction Sample Letter Explaining Retirement Benefits Sample Exit Interview Questions
- [Upgrade your PLS Tool-Kit to Suite Deluxe](https://helpdesksuites.com/upgrade-your-pls-tool-kit-to-suite-deluxe/): Want an even more powerful resource at your fingertips?   If you’re using our Help Desk tools then no doubt you’re already making your work life more manageable every day. But what could you do with even more tools at your disposal?   Our Deluxe Suit upgrade answers that question in one neat package. With many additional resources in your arsenal, you’ll be even more equipped to take on anything that may arise in your workplace. What’s included in the Deluxe Edition? 1. Access your suite from anywhere. Tablet, Desktop, even your mobile phone! Plus, access to our top-notch customer care […]
- [Registration - PLS Suite Deluxe](https://helpdesksuites.com/registration-pls-suite-deluxe-old/): Welcome to HelpDeskSuites.com! We are a separate business than Pryor Learning Solutions. So, if you get stuck email us here: support@helpdesksuites.com. Before you begin registering your account, make sure you have the following info: Your email from Pryor Learning Solutions. It looks like this. The Activation code. In that email, is your activation code (Circled) and you will need to enter it below. Do not copy any extra spaces. Check the box to agree to the Terms of Service and click Register Now. If your code is accepted, your it will send you to a Thank You page. If you get […]
- [Colorful Connections Thank you](https://helpdesksuites.com/colorful-connections-thank-you/): Thank You for purchasing colorful connections Click here to download.
- [Calculators](https://helpdesksuites.com/calculators/)
- [PLS Trainers](https://helpdesksuites.com/pls-trainers/): Welcome Trainers! Welcome to the Help with HelpDesk site for Pryor trainers. arrow-down  ways to increase sales with helpdesk suite deluxe If you are teaching classes related to leadership, conflict resolution, project management, supervision, and many others, HR professionals are in your class! Add $$$ to your bottom line by offering  HelpDesk Deluxe! How do some of the most successful trainers sell HelpDesk? check out the videos below. Listen and learn.  Interview with a trainer: Steve Walrath  Duration: 3h 55m Tease the content of the course. When reading this, they need to think “I need to learn this RIGHT NOW” Interview with a trainer: […]
- [Be Audit Secure Mini Course](https://helpdesksuites.com/be-audit-secure-mini-course/): You can’t Be Audit-Proof but you can Be Audit Secure  Learn the Be Audit Secure System Click Play to watch the Introduction to this Free Training  chevron-down Learn the Be Audit-Secure System! In this series, we’re going to be discussing the 7 things you need to know and prepare for in case an auditor or inspector comes knocking at your door.  1, You need to be able to meet reasonable basis. Reasonable basis means that you got your information from a credible source. 2, Learn the rule of threes. That means that you’re not going to believe anything or implement a […]
- [Ask an Attorney Your Question](https://helpdesksuites.com/ask-attorney-old/)
- [Ask an Attorney](https://helpdesksuites.com/ask-an-attorney/): About Our Lead Attorney, Harrison OldhamHarrison grew up in Mansfield, Texas. He attended Texas A&M University for his bachelor’s degree, where he met his wonderful wife, Kelsey. After graduating magna cum laude from Texas A&M, he attended SMU Dedman School of Law, graduating with honors in 2012. Today, Harrison and his wife live in Dallas, Texas with their son, Teddy. Since graduating from SMU Law, Harrison has worked exclusively in the field of business law. He has spent time in private practice and in-house, working with clients of every size; from single person startups to Fortune 250 companies. Today his practice […]
- [Podcast](https://helpdesksuites.com/podcast/): Sign Up Here To Recieve Notifications Of Podcast Releases & New Blog Posts Listen & Subscribe now! About Lisa Smith Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more in her Compliance Warriors Facebook Group. © {tcb_current_year} Andere Corp. Terms – Privacy
- [HelpDeskSuites.com Change Log by Date](https://helpdesksuites.com/helpdesksuites-com-change-log-by-date/): Hot Tips: To search the Change Log press and hold Control F to activate the FIND function.  December 11, 2019 Added LWOP Sample Notice for Benefit Premiums Added LWOP Sample Policy/Procedure for Handling Insufficient Pay for Premium Deductions Added Sample Notice of Employee Rights and Remedies for Reproductive Rights Law in NY December 7, 2019 Updated Job Application Templates/Samples December 3, 2019 Added Breastfeeding/lactation Laws by State to the Deluxe Suite (see Employment Laws by State) Added Paid Sick Leave Laws by State Added to Deluxe Policies and Procedures FINANCIAL POLICIES FOR MEDICAL PRACTICES Sample Notice of Rights and Remedies for NY Handbooks […]
- [Free Webinars](https://helpdesksuites.com/free-webinars/): California Through The Looking Glass Barnes & Thornburg LLP Online 19 January 2021 Employment update series Gowling WLG Online 26 January 2021 IP Risk Management 2021 IAM Online 27 – 28 January 2021 We’re looking for more free webinars. Check back soon. We update this page regularly!
- [Send W4 Email (System Page)](https://helpdesksuites.com/w4-generator-email/): This page is a system page that generates an email. Ignore it.
- [Podcast Members](https://helpdesksuites.com/podcastmembers/): The One HR Podcast You Can’t Afford to Miss! arrow-down Click here to download “Termination Checklist.” Subscribe to the best HR podcast on the net: Other Guides and Tips 2019 Minimum Wage by State ​   Considerations for LEGAL Discussions about Weight and Body Odor 8 Types of Employee Files Managing Workplace Anxiety E-Book arrow-down About LISA SMITH Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast​. ​ © 2019 HelpDesksuites.com ​ Privacy
- [How To Conduct a Criminal Background Check in California](https://helpdesksuites.com/how-to-conduct-a-criminal-background-check-in-california/): If you have five or more employees, California law requires that you follow strict provisions when conducting criminal background checks as part of your hiring process. There are, however, a few exceptions, such as positions required by law to have the background check. The ban-the-box law applies to employers with five or more employees. It does not apply to the following types of jobs: Positions for which a state or local government agency is required by law to conduct a conviction history background check; Positions with a criminal justice agency; Farm labor contractors (as defined in Labor Code sec. 1685); or Positions in which an […]
- [Reviews](https://helpdesksuites.com/testimonials/): Please share your experience with HelpDeskSuites.com and our Support StaffSubmit Thanks for submitting your testimonial. ” Very helpful and timely information. Thank you so much!! Rgraham  |  ” This is the best all-in-one resource for new and senior HR professionals. Lisa and her team are the best. I’m so glad to be a member of HelpDesk. Dena H  |  ” I love the comprehensive and succinct answers to my questions. I live outside of the US and have limited exposure to workplace regulations.The answers I receive help me maintain my organizational status of ‘Queen of HR’. Marianne Harper  |  ” Help […]
- [Thank you video - employee handbook template](https://helpdesksuites.com/thank-you-video-employee-handbook-template/)
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- [Small Business Spoonfuls Podcast](https://helpdesksuites.com/small-business-spoonfuls-podcast/): Episode 1: In this weeks episode we take a user question pertaining to a problem between a general contractor and a sub contractors employee. Don’t forget to Subscribe, Rate and Review! Visit HelpDeskSuites.com
- [Suite of Compliance Tool-Kits](https://helpdesksuites.com/suite-dashboard/): How to Be Audit-Secure8-Part Video Series ASK A QUESTION             Your question has been submitted! If you sent this question on Monday – Friday, you should have an answer within 24 hours. Note: Refresh the page to reset the form. Name Email State Number of Employees Subject Message Submit Loading… [tcb-script] document.addEventListener(‘DOMContentLoaded’, function () { const userCookie = document.cookie.split(‘; ‘).find(row => row.startsWith(‘user=’)); const displayNameCookie = document.cookie.split(‘; ‘).find(row => row.startsWith(‘displayName=’)); if (userCookie) { const userEmail = userCookie.split(‘=’)[1]; document.getElementById(’email’).value = decodeURIComponent(userEmail); } if (displayNameCookie) { const displayName = displayNameCookie.split(‘=’)[1]; document.getElementById(‘name’).value = decodeURIComponent(displayName); } }); document.getElementById(‘courseForm’).addEventListener(‘submit’, function(event) { event.preventDefault(); […]
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- [OSHA Small Business](https://helpdesksuites.com/osha-comp-tools/osha-smallbus/): Webinar: Creating an OSHA Safety  Program in 7 Steps First NameEmail AddressMessageContact Support Step 1: Core Regulations Step 2: Other Regs to Consider Step 3:Self Inspection Checklists Step 4: Create Plans & Programs Step 5:Training Tools Step 6:Recordkeeping & Posting Step 7:Fact Sheets and Guides Additional Helpful Tools
- [OSHA Medical / Dental](https://helpdesksuites.com/osha-comp-tools/osha-medent/): WEBINAR: Creating an OSHA Health and Safety Program First NameEmail AddressMessageEmail Support! Core Regulations Under 29 C.F.R. Hazard Communications Fact Sheets and Guides Recordkeeping & Posting Self Inspection Checklists and Sample Forms Sample Safety Plans, Programs & Training Tools Bloodborne Pathogens Training COVID-19 Guidance
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- [OSHA Compliance Tool-Kits](https://helpdesksuites.com/osha-comp-tools/): ASK A QUESTION             Your question has been submitted! If you sent this question on Monday – Friday, you should have an answer within 24 hours. Note: Refresh the page to reset the form. Name Email State Number of Employees Subject Message Submit Loading… [tcb-script] document.addEventListener(‘DOMContentLoaded’, function () { const userCookie = document.cookie.split(‘; ‘).find(row => row.startsWith(‘user=’)); const displayNameCookie = document.cookie.split(‘; ‘).find(row => row.startsWith(‘displayName=’)); if (userCookie) { const userEmail = userCookie.split(‘=’)[1]; document.getElementById(’email’).value = decodeURIComponent(userEmail); } if (displayNameCookie) { const displayName = displayNameCookie.split(‘=’)[1]; document.getElementById(‘name’).value = decodeURIComponent(displayName); } }); document.getElementById(‘courseForm’).addEventListener(‘submit’, function(event) { event.preventDefault(); document.getElementById(‘courseForm’).classList.add(‘loading’); const name = document.getElementById(‘name’).value; const […]
- [Payroll Compliance Tool-Kit](https://helpdesksuites.com/pay-comp-toolkit/): ASK A QUESTION             Your question has been submitted! If you sent this question on Monday – Friday, you should have an answer within 24 hours. Note: Refresh the page to reset the form. Name Email State Number of Employees Subject Message Submit Loading… [tcb-script] document.addEventListener(‘DOMContentLoaded’, function () { const userCookie = document.cookie.split(‘; ‘).find(row => row.startsWith(‘user=’)); const displayNameCookie = document.cookie.split(‘; ‘).find(row => row.startsWith(‘displayName=’)); if (userCookie) { const userEmail = userCookie.split(‘=’)[1]; document.getElementById(’email’).value = decodeURIComponent(userEmail); } if (displayNameCookie) { const displayName = displayNameCookie.split(‘=’)[1]; document.getElementById(‘name’).value = decodeURIComponent(displayName); } }); document.getElementById(‘courseForm’).addEventListener(‘submit’, function(event) { event.preventDefault(); document.getElementById(‘courseForm’).classList.add(‘loading’); const name = document.getElementById(‘name’).value; const […]
- [Human Resources Tool-Kit](https://helpdesksuites.com/hr-toolkit/): ASK A QUESTION             Your question has been submitted! If you sent this question on Monday – Friday, you should have an answer within 24 hours. Note: Refresh the page to reset the form. Name Email State Number of Employees Subject Message Submit Loading… [tcb-script] document.addEventListener(‘DOMContentLoaded’, function () { const userCookie = document.cookie.split(‘; ‘).find(row => row.startsWith(‘user=’)); const displayNameCookie = document.cookie.split(‘; ‘).find(row => row.startsWith(‘displayName=’)); if (userCookie) { const userEmail = userCookie.split(‘=’)[1]; document.getElementById(’email’).value = decodeURIComponent(userEmail); } if (displayNameCookie) { const displayName = displayNameCookie.split(‘=’)[1]; document.getElementById(‘name’).value = decodeURIComponent(displayName); } }); document.getElementById(‘courseForm’).addEventListener(‘submit’, function(event) { event.preventDefault(); document.getElementById(‘courseForm’).classList.add(‘loading’); const name = document.getElementById(‘name’).value; const […]
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- [The Power of Yes...and!](https://helpdesksuites.com/smart-bait/power-yes-2/):   Does your team struggle with players who always seem to know a better way? When ideas are presented are they welcomed and considered or is the common thread “Yeah, but ………”   Does the team often fall short of reaching goals and everyone seems mystified as to how this keeps happening? Perhaps the answers to these questions can be found by watching your favorite comedians perform on stage! For years, professional improvisers have been working as teams on stage. In order to move the improvised scenes forward and create an entertaining experience for the audience, these teammates have developed excellent […]
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