July - 2017

Don't HR Alone #48 - Pregnant Worker Protections, and Premium Tax Credit Regs

Massachusetts Governor signs bipartisan pregnant worker protection law — STATE LAW Governor Charlie Baker has signed H. 3680, “An Act Establishing the Massachusetts Pregnant Workers Fairness Act,” a bipartisan bill to extend protections to pregnant workers in the Commonwealth. The legislation will prohibit workplace and hiring discrimination related to pregnancy and nursing, and require employers to provide reasonable accommodations for expectant and new mothers in the workpl

Don't HR Alone #47 - Independent Contractor Classification

IRS Factor Explanations Internal Revenue Service (IRS) Revenue Ruling 87-41 contains factors, commonly referred to as the 20 common law factors, that are used to assess whether a worker is an employee or an independent contractor for employment tax purposes. Although this revenue ruling is still valid today, the IRS has grouped the more relevant ones into the following three main categories of evidence that show whether a worker is an employee or independent contractor: Behav

Don't HR Alone #46 - Tennessee Employment of Minors

Tennessee Employment of Minors Tennessee’s Child Labor Act is located at Tenn. Code Ann. 50-5-101 – 50-5-222. Under Tennessee law, an individual younger than 18 years of age is a minor. Prohibited Employment Tennessee law prohibits employers from employing minors under 18 years of age in the following jobs: Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components. Occupations involving motor vehicle drivi

Don't HR Alone #45 - Retirement Plan Participation by Generation

Wells Fargo: Millennials Make Greatest Gains In 401(K) Plan Participation Rates of saving for retirement and investing habits differ from one generation to the next, according to a recent analysis of four million people who participate in 401(k) plans provided by Wells Fargo. Retirement plan data for Boomers, Generation X, and millennials reveal ways each generation can learn from the others when it comes to saving for retirement. The full analysis can be found in the Wells F

Don't HR Alone #44 - Employee Safe Driving, and Form 5500 question

Safe driving kit from the National Safety Council aims to drive down crashes — PRACTICE TIP The National Safety Council released a first-of-its-kind Safe Driving Kit to help employers eliminate the number one cause of workplace deaths—car crashes. The Safe Driving Kit, sponsored by Wheels, Inc., is a free online tool built to create safer roads and protect employees through multi-media resources and engaging materials. The kit addresses the key contributors to car crashes, in

Don't HR Alone #43 - Drugs, Medicare, and Job References

Suspected Drug and Alcohol Use Question: What is the best way to confront an employee who seems to be under the influence of drugs and alcohol? This employee had bloodshot eyes, smelled of alcohol, and was “not herself.” Answer: If you suspect an employee has a drug or alcohol problem that may be affecting job performance, it’s a best practice for the employee’s direct supervisor, management representative, or human resources department to investigate and document the spec

Don't HR Alone #42 - Service Animals, and Medical Marijuana Terminations

Service Dog Question: Our employee is a military veteran and was approved by his doctor to have a service dog with him at all times. He performs pest control for restaurants, and we are concerned the dog will not be allowed in the restaurants. Do we have to accommodate this request? Answer: Yes, you would need to accommodate the request for your employee to have a service dog with him at work. The federal Americans with Disabilities Act (ADA) prohibits restaurants from excl

Don't HR Alone #41 - Dress Code Violations and Workplace Automation

Dress Code Violation Question: Now that the weather is warmer, one of our employees has begun to dress inappropriately for work. Her clothes are becoming more revealing and she has worn flip flops several times. What are our options? Can we send her home to change and, if so, do we have to pay her for that time? Answer: You’re not alone. As summer weather kicks in, many employers struggle with the issue of employee dress and knowing how to handle these situations. Let’s fir

Don't HR Alone #40 - Compliance Updates and Travel Benefits

Retirement plans. The U.S. Department of Labor (DOL) has published a Request for Information on its fiduciary rule, which gives the public a new opportunity to comment on the basis for new exemptions; changes or revisions to the rule and prohibited transaction exemptions (PTEs); and the advisability of extending the January 1, 2018, applicability date of certain provisions in the Best Interest Contract Exemption, the Principal Transaction Exemption, and PTE 84-24. The DOL is

Don't HR Alone #39 - Senate ACA replacement keeps some taxes, Summer Party Shenanigans, and a $2

Tips for limiting liability risks at summer party — PRACTICE TIP For some companies, the office summer picnic or outing has replaced the office holiday party. However, summer office outings still present similar liability risks for company managers and bosses. A survey of over 400 managers, conducted by Seyfarth Shaw at Work, reveals that more than 60 percent of managers have hosted summer office events that later came back to "bite" them. The biggest unexpected hot-weather h

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