May - 2017

BOOK APPOINTMENT

Don't HR Alone #8 - The Keys to FMLA- Light Duty, Pretext, and Retaliation

Nurse fired for violating dual employment policy while on extended leave can’t advance FMLA claims A nurse who was granted extended medical leave after her FMLA leave expired but was discharged when the hospital learned that she violated the leave policy’s prohibition against dual employment by working elsewhere without permission failed to defeat summary judgment on her FMLA interference and retaliation claims. A federal court in Maryland determined that the hospital’s denia

Don't HR Alone #7 - Sample Strict Inclement Weather Policy

Inclement Weather: Strict Policy It is necessary to initiate a plan to ensure adequate office support for our customers during all types of weather. The facility will be open for normal operation unless the state Department of Transportation (DOT) actually closes major roads for extreme weather conditions. In case of severe weather conditions where major roads are not closed by DOT, office opening may be delayed to 10 a.m. to allow extra time to avoid the congested rush-hour

Don't HR Alone #6 - TN Changes Pay Period Laws

Tennessee amends wage payment rules — TENNESSEE — Wage Hour Rules Tennessee has passed a law amending the wage payments rules for private employers. Under the law, all wages or compensation of employees in private employment are payable not less frequently than once per month. For private employers that pay employees monthly, any wages earned and unpaid prior to the first day of any month are due and payable not later than the fifth day of the succeeding month. For private em

Don't HR Alone #5 - Budget News and Survey finds Americans forfeit half of their earned paid tim

Trumps’ budget tackles major reforms at Labor Department — FEDERAL NEWS On May 23, 2017, President Donald Trump released his budget, which according to Director of Management and Budget Mick Mulvaney, is a "taxpayer first" budget, constructed with an eye toward the folks who are paying for it, rather than its recipients. Mulvaney stressed that the budget balances in 10 years based on 3 percent economic growth (as opposed to 1.9 percent, which the previous administration saw a

Dont HR Alone #4 - 5 Workers Misclassified, 1 Million Dollars in Damages

Stories Today: U.S. District Court upholds Labor Commissioner’s judgment in favor of port and rail truck drivers improperly misclassified as independent contractors — CALIFORNIA — Employee misclassification, (May 24, 2017) On rehearing, panel reaffirms finding that retiree benefits were not vested — FEDERAL NEWS, (May 24, 2017) - Reaffirms right to renegotiate CBA's Workers are stressed out, but they’re not taking time off, survey shows — SURVEY RESULTS, (May 24, 2017) Worker

Don't HR Alone #3 - FMLA Checklist

Survey shows employees want flexible schedules and summer Fridays, but fewer companies offer them — SURVEY RESULTS, (May 23, 2017) Idaho updates W-2 electronic reporting manual — IDAHO — Withholding and Reporting, (May 23, 2017) Texas bill preempting local regulation, setting independent contractor status, heads to governor’s desk — STATE LAW, (May 23, 2017) Employee placed in different job upon return from leave, laid off weeks later is denied FMLA claims — FEDERAL NEWS Obse

Don't HR Alone #2 - Drug Usage Up, Living Wage Changes

Consumer prices. The CPI-W increased 0.3 percent in April before seasonal adjustment. The index level of 238.432 was 2.1 percent higher than in April 2016. The CPI-U also rose 0.3 percent in April before seasonal adjustment. The index level of 244.524 was 2.2 percent higher than in April 2016. Equal pay. On May 4, 2017, a new law was enacted in New York City that bars public and private employers from inquiring about or relying on a job applicant’s salary history when determi

Don't HR Alone #1 - Non Compete Agreements

Why janitors get noncompete agreements, too — STATE LAW, (May 19, 2017) More than half of HR managers say artificial intelligence will become a regular part of HR in next 5 years — SURVEY RESULTS, (May 19, 2017) Tex. Sup. Ct.: Jury award for school bus monitor fired after ‘wetting self’ reinstated; incontinence was disability — TEXAS — Discrimination, (May 19, 2017)