News
Revised California Criminal History Regulations Start October 1
2023-09-27
In July 2023, the California Civil Rights Department (CRD) approved revised regulations relating to the use of criminal history in employment decisions under California’s Fair Chance Act. (Read More)...
(Read More)HR Professional Day 2023: Celebrating Those Who Manage, Maintain the HR Lifecycle
2023-09-26
Since 1959, HR professionals have been honored on September 26 — known as Human Resource Professional Day — for their hard work and contributions to their organizations. (Read More)...
(Read More)California’s Overtime Rules May Supersede Federal Law
2023-09-25
California's law on overtime pay differs substantially from the proposed rule on overtime pay recently issued by the U.S. Department of Labor, so employers will need to pay close attention to the details of both to remain in compliance. (Read More)...
(Read More)After the Vote: Implementing an Alternative Workweek Schedule
2023-09-21
My company adopted an alternative workweek schedule. Does this mean that all employees must work our alternative four-day 10-hour shift schedule, or can employees choose between the alternative schedule and a traditional five-day eight-hour shift schedule? (Read More)...
(Read More)How Core Weeks and Days Boost Return to Office
2023-09-18
As many employers have struggled to motivate remote employees to return to the office, the J.M. Smucker Company has had success by instituting a schedule it had never used before: core weeks. (Read More)...
(Read More)Intermittent Family Leave May Include Transfer to Different Position
2023-09-14
Can we transfer an employee to a different position if the employee needs to take intermittent FMLA/CFRA leave for his medical treatments? (Read More)...
(Read More)Reporting Time Pay: When It’s Owed Depends on Circumstances
2023-09-13
My employee showed up for her shift in the wrong safety equipment, then later went home sick after clocking in for 30 minutes. Do I owe her “reporting time pay”? (Read More)...
(Read More)Employers Respond as COVID-19 Cases Rise
2023-09-12
Aback-to-school spike in COVID-19 cases is prompting some employers to adopt a back-to-basics approach to disease prevention. At the same time, many employers are imposing return-to-office mandates. (Read More)...
(Read More)Quick COVID-19 Refresher for Employers
2023-09-12
Nicknamed after the Greek goddess of strife and discord, Eris — the latest dominant coronavirus subvariant infecting people across the country — may cause HR departments to panic as they remember the existence of various federal, state and local COVID-19 protocols. (Read More)...
(Read More)Next Version of E-Verify Will Bring Big Changes
2023-09-08
The proposed features for the upcoming revamped version of E-Verify would fundamentally change the way employment eligibility verification is conducted, according to a proposal from U.S. Citizenship and Immigration Services (USCIS). (Read More)...
(Read More)Closely Examine Overtime Ramifications for Exempt Positions Earning Less than $60K
2023-09-08
In response to the U.S. Department of Labor's (DOL's) proposed overtime rule, employers should look carefully at any exempt positions earning less than $60,000 per year, said Kevin Young, an attorney with Seyfarth in Atlanta, to attendees of a SHRM Government Affairs webcast on Sept. 6. (Read More)...
(Read More)California’s New AI Executive Order Lays Groundwork for Employers and Businesses: Your 10-Step Action Plan
2023-09-06
California Governor Gavin Newsom issued a groundbreaking executive order today charting a course for the business community given the explosion of artificial intelligence use across all industry sectors (Read More)...
(Read More)As Summer Ends, Workers Head Back to the Office
2023-09-05
Many employers marked Sept. 5—the day after Labor Day—as the date by which employees would be required to return to offices after working from home during much of the COVID-19 pandemic. (Read More)...
(Read More)2022 EEO-1 Reporting Period Will Open on October 31, 2023
2023-09-05
The EEOC has announced that the long-delayed 2022 EEO-1 reporting period will finally open on October 31, 2023. The deadline for filing will be December 5, 2023. (Read More)...
(Read More)How to Document Remote Verification of I-9s
2023-09-01
Qualified E-Verify users in good standing now have the option to verify I-9 forms remotely, but how to document compliance isn't clear. (Read More)...
(Read More)Labor Department’s Proposed Overtime Rule Could Raise Salary Floor to $55k: Here Are 8 Ways Employers Can Prepare Now
2023-08-30
Employers may need to adjust their pay practices now that the Labor Department has issued its long-anticipated proposal to raise the salary threshold for exempt employees (Read More)...
(Read More)IRS Announces 2024 Health Plan Affordability Threshold
2023-08-30
The IRS announced that the 2024 health plan affordability threshold—which is used to determine if an employer's lowest-premium health plan meets the Affordable Care Act's (ACA's) affordability requirement—will be 8.39 percent of an employee's household income. (Read More)...
(Read More)Bereavement Leave for Complex Family Relationships
2023-08-28
My employee wants to use California’s new bereavement leave after the death of the father of her child — with whom she lived but never married. Another requested it for her ex-father-in-law, whom she remained close to after her divorce. (Read More)...
(Read More)No Mention of Break Room Appliances in Wage Orders Governing Working Conditions
2023-08-25
An employee is complaining about not having enough room in the break room refrigerator for their lunch. Just what is the employer supposed to provide in the break room? (Read More)...
(Read More)Even in ‘At-Will’ California, It’s Wise to Follow Disciplinary Process
2023-08-23
We opened up an office in California recently. We have a couple of problem employees, but I heard California employment is “at-will” and we can just terminate their employment. Is that true? (Read More)...
(Read More)Take Care with Last Chance Agreements
2023-08-23
Last chance agreements provide workers facing discharge with a final opportunity to remain employed. Thus, the agreements need to be used—and worded—carefully. (Read More)...
(Read More)Are You Thinking About Bringing Your Employees Back to the Office? Read This First
2023-08-18
You may have read recent headlines about companies making moves to bring more workers back onsite. Even Zoom — the online meeting platform that got many people through the pandemic — is calling for a bigger in-person presence in the workplace. (Read More)...
(Read More)Steps to Follow When Providing Lactation Accommodation to Employee
2023-08-17
One of my employees is returning from pregnancy leave and is asking for lactation accommodations. What must we do to accommodate this employee? (Read More)...
(Read More)DOL Seeks Comment on SECURE 2.0 Reporting, Disclosure Changes
2023-08-14
The Department of Labor (DOL) is seeking public feedback on a variety of SECURE Act 2.0 provisions. (Read More)...
(Read More)EEOC Breaks New Ground by Settling First-Ever AI Discrimination Lawsuit: 10 Pointers to Avoid Robot Bias
2023-08-14
We’ve reached another milestone in the AI revolution: the federal agency charged with enforcing anti-bias laws just recorded its first-ever settlement in a case involving AI discrimination in the workplace. (Read More)...
(Read More)5 Tips to Avoid Workplace Retaliation Claims
2023-08-10
Employers know how important it is to comply with workplace anti-discrimination laws – but equally important is ensuring that employees who complain about perceived discrimination are not retaliated against for doing so, (Read More)...
(Read More)California’s 2024 Minimum Wage Increases to $16 Per Hour
2023-08-08
On Monday, July 31, the California Department of Finance Director Joe Stephenshaw officially certified that beginning January 1, 2024, California’s minimum wage will increase from $15.50 per hour to $16 per hour for all employers, regardless of size. (Read More)...
(Read More)Instant Pay Benefits Booming in Popularity Among Generation Z Workers
2023-08-07
The days of waiting two weeks or more for your paycheck to hit your bank account may be numbered. In an increasingly connected world (Read More)...
(Read More)How to Defuse Workplace Conflict
2023-08-07
Employees and managers spend an average of over four hours each week dealing with conflict, and 36 percent of employees say they deal with workplace conflict either "often" or "all the time," (Read More)...
(Read More)California’s Revised Criminal History Regulations Approved
2023-08-04
As the rulemaking body for the California Civil Rights Department (CRD), the California Civil Rights Council (CRC) has been working for several months on revised regulations related to the use of criminal history in employment decisions under the Fair Chance Act. (Read More)...
(Read More)Workplace Law Update: 22 Essential Items on Your August To-Do List
2023-08-04
It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. (Read More)...
(Read More)Handbooks Need Revision Following NLRB Ruling
2023-08-04
Many employer handbooks and policies likely should be reviewed and revised following a landmark Aug. 2 ruling by the National Labor Relations Board (NLRB), Stericycle. (Read More)...
(Read More)New Form I-9 Released
2023-08-01
Today’s the day! Nine months after the previous Form I-9, Employment Eligibility Verification expired, the U.S. Citizenship and Immigration Services (USCIS) has published new, revised versions of the Form I-9 documents. Employers should start using these new Form I-9 documents as soon as possible. (Read More)...
(Read More)EEO-1 Data Collection Pushed to Fall 2023
2023-07-25
Employers can enjoy their summer vacation a little more this year — the U.S. Equal Employment Opportunity Commission (EEOC) tentatively announced that the 2022 EEO-1 Component 1 data collection will start in Fall 2023 versus the originally anticipated July timeframe. (Read More)...
(Read More)The ADA Turns 33: Reflecting on Progress Made, Challenges That Remain
2023-07-25
Upon its passage in 1990, the Americans with Disabilities Act (ADA) established workplace protections, boosted economic self-sufficiency and expanded employment opportunities for millions of people with disabilities. (Read More)...
(Read More)Pay Attention to Prohibition on Comp Time for Nonexempt Workers in Private Sector
2023-07-24
Comp time is allowed in the public sector, but private-sector employers are prohibited from offering future paid time off to nonexempt employees in lieu of complying with the overtime requirements of the Fair Labor Standards Act (FLSA). (Read More)...
(Read More)California Employer on the Hook for Expense Reimbursement During COVID-19 Stay-Home Orders: 4 Key Takeaways
2023-07-24
On the heels of a rare win for employers regarding COVID-19 liability, a California appellate court was quick to remind employers in the state that there’s no shortage of pandemic-related requirements still in place. (Read More)...
(Read More)USCIS: Employers Must Switch to New Version of Form I-9
2023-07-21
U.S.Citizenship and Immigration Services (USCIS) announced Friday a new Form I-9—which has been streamlined and shortened—that employers should use beginning Aug. 1, 2023. (Read More)...
(Read More)Unlimited Paid Time Off Policies Are Attractive, But Have Risks
2023-07-21
In this episode of The Workplace podcast, CalChamber employment law expert Matthew Roberts sits down with Bianca Saad, CalChamber vice president of labor and employment for content, training and advice, to discuss unlimited paid time off (PTO) policies. (Read More)...
(Read More)A California Labor Agency Returns, and Employers Will Feel the Impact
2023-07-20
California has re-established the Industrial Welfare Commission (IWC), an agency that can develop strict industry-specific rules that may affect wages, working conditions and workers' rights. (Read More)...
(Read More)OSHA Expands Injury and Illness Reporting Requirement
2023-07-19
More employers will be required to submit workplace injury and illness information under a final rule released by the U.S. Occupational Safety and Health Administration (OSHA) on July 17. The new rule will take effect on Jan. 1, 2024. (Read More)...
(Read More)Protect Workers From Heat Illness During High Heat
2023-07-14
As high temperatures hit California — reaching triple digits in some locations — employers must take steps to protect outdoor workers from heat illness by providing water, rest, shade and training. (Read More)...
(Read More)Tips on Physical Reverification of Virtually Verified Remote Employees
2023-07-14
As was previously reported, employers have until August 30, 2023, to conduct in-person physical verification of identity and employment eligibility documentation for all employees who were onboarded using remote virtual verification between March 20, 2020 and July 31, 2023. (Read More)...
(Read More)Employers May Need to Change Religious Accommodation Policies
2023-07-11
In light of a U.S. Supreme Court decision last month, employers may need to examine and modify their policies on religious accommodations. (Read More)...
(Read More)California Supreme Court Shuts Down COVID-19 Liability Claim from Worker’s Wife: 4 Key Takeaways for Employers
2023-07-10
The California Supreme Court handed employers a win last week by making it clear that they do not have a duty to prevent the spread of COVID-19 to employees' household members. (Read More)...
(Read More)How to Track Family Leave When Workweek Includes a Holiday
2023-07-07
We have an employee that is currently on California Family Rights Act (CFRA)/Family and Medical Leave Act (FMLA) leave and will be using leave during the week of the Fourth of July holiday. (Read More)...
(Read More)How to Avoid Legal Nightmares in Emails and Instant Messages
2023-07-05
Imagine discussing an employee-related legal concern with your boss, in-house counsel or outside labor attorney, only to realize that you wrote something in an email or instant message that could devastate your case in litigation. (Read More)...
(Read More)Sacramento Court Agrees with CalChamber: Privacy Agency Must Wait to Enforce Rules
2023-07-03
On Friday, June 30, the Sacramento Superior Court ruled that the California Privacy Protection Agency (CPPA) must delay enforcement of any individual regulation for a one-year period following the date it goes into effect. (Read More)...
(Read More)U.S. Supreme Court Updates Federal Religious Accommodation Test
2023-06-30
On June 29, 2023, the U.S. Supreme Court unanimously revised Title VII’s religious accommodation and “undue hardship” analysis — the first decision to address the federal religious accommodation test in decades (Groff v. Dejoy, No. 22–174, (U.S. June 29, 2023)). (Read More)...
(Read More)4 Ways to Boost Employee Satisfaction with HDHPs
2023-06-29
High-deductible health plans (HDHPs) have become a mainstay of many employee benefits programs since their introduction in the early aughts. (Read More)...
(Read More)CDPH Updates “Outbreak” Definition, Masking Guidance
2023-06-28
On June 20, 2023, the California Department of Public Health (CDPH) updated its COVID-19 public health order and guidance, changing the definition of “outbreak” in non-health care settings (Read More)...
(Read More)Strategies for Reducing Record-Level Employee Stress
2023-06-28
Employees around the world are as stressed as they've ever been, according to a recent survey of more than 122,000 workers in 160 countries. (Read More)...
(Read More)Mandatory Overtime Impacts FMLA Compliance
2023-06-27
Employers that require overtime hours need to be aware of how the federal Family and Medical Leave Act (FMLA) may apply differently to workers assigned to mandatory overtime. (Read More)...
(Read More)Pregnant Workers Fairness Act Takes Effect Today
2023-06-26
The obligation under the Pregnant Workers Fairness Act (PWFA) to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions kicks in today. We've gathered articles on the news from SHRM Online and other media outlets. (Read More)...
(Read More)Timing of Meal Breaks Can Avert Strict Liability for Violations
2023-06-22
Our employees start work at 8 a.m. The owner of the company requires that meal breaks start at 1 p.m. (Read More)...
(Read More)Health Savings Account (HSA) Limits Increase for 2024
2023-06-21
In 2024, the Health Savings Account (HSA) limits, which are indexed for inflation every year, will increase, per the Internal Revenue Service (IRS). (Read More)...
(Read More)Time to Display Revised Workplace Posters
2023-06-20
Due to new rights granted under the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), employers must display a new version of workplace posters. (Read More)...
(Read More)How to Improve Remote Employees’ Well-Being
2023-06-19
Before the pandemic, about 20 percent of HubSpot's 7,000 employees worked remotely. At the end of 2021, the cloud-based software developer, which is headquartered in Cambridge, Mass. (Read More)...
(Read More)Finalization of Regulations Clears the Path for Employers to Complete California Privacy Rights Act Compliance Efforts Before June 30, 2023 Deadline
2023-06-14
After months of uncertainty, the rulemaking process for the California Privacy Rights Act (CPRA), the first-ever comprehensive U.S. data privacy law applicable to human resources data (“HR Data”), concluded on March 29, 2023....
(Read More)Marijuana-Testing Laws Continue to Evolve
2023-06-14
The ongoing flurry of marijuana legislation, court cases and cannabis-based products makes it difficult for HR professionals to craft policies that meet their company's drug-testing needs. (Read More)...
(Read More)COVID-19 Paid Sick Leave Relief Grant Program Begins
2023-06-13
Eligible California small businesses may now apply for a California state program that awards funds for costs incurred from COVID-19 Supplemental Paid Sick Leave. (Read More)...
(Read More)Avoid Recent I-9 Traps that Arise with Remote Hires
2023-06-13
The Form I-9 was born in 1986 but still creates tension between business needs and legal requirements, particularly with remote hires, said John Fay, an attorney and director of product strategy at Equifax Workforce Solutions in Phoenix. I-9 audits by U.S. Immigration and Customs Enforcement (ICE) are another pain point. (Read More)...
(Read More)Annual performance reviews prevent many employees from being engaged and distract companies from keeping agile, according to Joe Rotella, SHRM-SCP, chief value officer at Delphia Consulting LLC in Columbus, Ohio.
2023-06-12
Annual performance reviews prevent many employees from being engaged and distract companies from keeping agile, according to Joe Rotella, SHRM-SCP, chief value officer at Delphia Consulting LLC in Columbus, Ohio. ...
(Read More)How to Motivate Employees Without Money or Promotions
2023-06-08
The reality in many workplaces today is that the best and brightest talent will jump ship if they feel they've topped out on salary or can't expect a promotion anytime soon. (Read More)...
(Read More)Nonwork-Related Death at Work Still Must Be Reported to Cal/OSHA
2023-06-02
An employee died of a heart attack while at work. It was not caused by his employment. Do I have to report this death to the California Division of Occupational Safety and Health (Cal/OSHA)? (Read More)...
(Read More)Job Offer Letters: What to Include and Exclude
2023-06-02
When writing job offer letters, HR must walk the tightrope between welcoming candidates enthusiastically and scaring them off. Here's an overview of what to include in and exclude from the letters. (Read More)...
(Read More)California’s Local Minimum Wage Rates Increasing July 1
2023-06-01
While many California cities and counties increase their local minimum wage rates at the start of each year, several localities implement their local minimum wage rate increases on July 1. (Read More)...
(Read More)Remote Work Associated with Rise in Substance Use Disorders
2023-06-01
"Why don't we do a little day drinking? Blame it on the workday," sings country band Little Big Town in its 2014 hit "Day Drinking." (Read More)...
(Read More)Be Careful When Calculating FMLA Leave for a Week with a Holiday
2023-06-01
Anew opinion letter from the U.S. Department of Labor (DOL) clarifies how employers are supposed to calculate leave under the Family and Medical Leave Act (FMLA) when it's taken during a week that includes a holiday. (Read More)...
(Read More)Using AI in Employment Selection Procedures Guidance
2023-05-31
Artificial intelligence (AI) — once only in science fiction and Hollywood movies — is a prevalent tool today in manufacturing, healthcare, marketing and education. (Read More)...
(Read More)New Guidance Explains Requirements of the PUMP Act
2023-05-26
New guidance from the U.S. Department of Labor (DOL) answers some questions employers might have about complying with break time and space requirements under the federal Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. (Read More)...
(Read More)Terminating Employee on Workers’ Comp Involves Delicate Decisions
2023-05-22
We are a smaller employer with only 16 employees, and we have an employee who has been on workers’ compensation for more than eight months. Can we terminate his employment? (Read More)...
(Read More)Performance Appraisal Bombshells: Delivering Bad News
2023-05-22
The first rule of performance reviews is that employees should never be surprised by what is said. Assuming that managers are speaking with their reports in real time throughout the year, providing transparent communication and soliciting feedback, (Read More)...
(Read More)Form I-9 COVID-19-Related Flexibilities End July 31, 2023
2023-05-18
The U.S. Department of Homeland Security (DHS) has officially announced that on July 31, 2023, the temporary flexibilities around Form I-9 document inspection (Read More)...
(Read More)EEOC’s Latest AI Guidance Sends Warning to Employers: 5 Things You Need to Know
2023-05-18
Employers using or thinking about using artificial intelligence (AI) to aid with workplace tasks received another reminder from the federal government that their actions will be closely scrutinized by the EEOC for possible employment discrimination violations. (Read More)...
(Read More)IRS Gives Big Boost to HSA, HDHP Limits in 2024
2023-05-17
Thanks in part to persistent high inflation, employees will be able to sock away a lot more money in their health savings accounts (HSAs) next year. (Read More)...
(Read More)Protect Outdoor Workers From Heat Illness
2023-05-17
It’s heating up throughout California — so the California Division of Occupational Safety and Health (Cal/OSHA) reminds employers to protect their outdoor workers from heat illness, which means providing water, rest, shade and training. (Read More)...
(Read More)How to Prepare to Update I-9s Completed Remotely
2023-05-15
Attorneys recommend organizations that have to update hundreds—sometimes thousands—of remotely completed I-9s should create an action plan that includes communication and training.(Read More)...
(Read More)Worker Productivity Is Down. Is Remote Work the Cause?
2023-05-08
U.S. worker productivity year-over-year has declined for five straight quarters for the first time on record. Does that support the arguments made by critics of remote work that traditional, in-person work produces better results? (Read More)...
(Read More)In-Person Inspection of I-9s Due Aug. 30
2023-05-08
Employers will have a few more days to inspect identity and employment authorization documents for their remote employees in person. (Read More)...
(Read More)Employers Should Purge Old I-9s
2023-05-04
Employers often fail to shred old Forms I-9 that are beyond the retention requirement, even though this can lead to compliance liability. (Read More)...
(Read More)What California Employers Should Know When Hiring Minors
2023-05-01
As the temperatures rise, many employers, including those in the retail industry, may be fielding applications from minors looking for summer work. Before hiring applicants under the age of 18, it's important to understand the requirements that apply to that segment of the workforce. (Read More)...
(Read More)Employees May Use Sick/Family Leaves for Designated Person
2023-05-01
My employee requested time off to care for her neighbor who just had surgery. Do I have to grant her request? (Read More)...
(Read More)Expert Advice on Implementing Stay Interviews
2023-04-24
Marshall Goldsmith is a multiple-time New York Times bestselling author and widely considered the world's foremost executive coach. He is not, however, an HR professional (although he told me, "I love HR!"). (Read More)...
(Read More)Watch Out for These FMLA Eligibility Determination Missteps
2023-04-20
Employers often misunderstand the Family and Medical Leave Act's (FMLA's) definition of an employee who is eligible for FMLA leave, and they can't figure out when the worker has a qualifying reason for the time off. Here are some tips on making FMLA eligibility determinations in line with the law. (Read More)...
(Read More)How to Recruit for Hard-to-Fill Blue-Collar Positions
2023-04-17
In a time when more people are going to college and pursuing white-collar jobs after graduation, employers are having difficulty overcoming a shortage of blue-collar workers. (Read More)...
(Read More)Employers Must Explore Reasonable Accommodations for Religious Beliefs
2023-04-12
Religion is one of just two protected classes under California’s Fair Employment and Housing Act (FEHA) — disability is the other — that requires employers to explore and provide applicants or employees with a reasonable accommodation where appropriate. (Read More)...
(Read More)Updated FCRA Consumer Rights Notice Is Required, Now Available
2023-04-04
The Consumer Financial Protection Bureau (CFPB) released an updated "Summary of Your Rights Under the Fair Credit Reporting Act" notice for employers to use before conducting background checks. (Read More)...
(Read More)New Bereavement Leave Requirements for Private, Public Employers
2023-03-27
What are the requirements of California’s new bereavement leave law?...
(Read More)California Changes COVID-19 Isolation Requirements – What Do Employers Need to Know?
2023-03-14
California public health officials just issued updated COVID-19 isolation guidance that at first blush seems to smooth the way for simpler workplace compliance obligations. (Read More)...
(Read More)Tips for Remote Workers to Stay Cyber Secure
2023-03-13
Roughly one-half to two-thirds of U.S. employees work remotely at least some of the time. This trend, spurred in large part by the COVID-19 pandemic, hasn't gone unnoticed by cybercrooks. (Read More)...
(Read More)John Egan
2023-03-06
How many resumes have you read in your life? Hundreds? Thousands? No matter the amount, do you know how to spot a lie on a resume? (Read More)...
(Read More)Is Telehealth Really Saving Money for Employers?
2023-03-03
Along with other virtual services since the pandemic started, there has been an increase in interest and adoption of virtual health care solutions. While telehealth options existed pre-pandemic, they weren't highly utilized. (Read More)...
(Read More)Allen Smith, J.D. February 14, 2023
2023-02-16
On February 15, 2023, the Ninth Circuit Court of Appeals issued a decision in Chamber of Commerce of the United States of America, et al. v. Bonta, et al. No. 20-15291 (9th Cir. Feb. 15, 2023), which invalidates California’s AB 51 (Read More)...
(Read More)California Supreme Court Agrees to Hear Timekeeping Rounding Case
2023-02-15
On February 1, 2023, the California Supreme Court granted a petition to review the California Court of Appeal’s decision in Camp v. Home Depot U.S.A., Inc. In the appellate court’s decision, Home Depot’s neutral rounding policies were considered invalid for timekeeping purposes as the employer used electronic time clocks that recorded punches to the minute. (Read More)...
(Read More)Valentine’s Day: What Employers Should Know About Workplace Relationships
2023-02-14
Over the last four decades, the instances of romances between coworkers have risen and fallen — and then risen again! (Read More)...
(Read More)DOL Explains When FLSA, FMLA Cover Remote Employees
2023-02-14
The U.S. Department of Labor (DOL) issued a field assistance bulletin (FAB) on Feb. 9 to clarify the application of the Fair Labor Standards Act (FLSA) to nonexempt remote workers, as well as the Family and Medical Leave Act's (FMLA's) hours-of-service eligibility requirement for teleworkers. (Read More)...
(Read More)How Employers Are Managing Compensation Challenges in 2023
2023-02-13
With 2023 well underway, many employers are still trying to find the right levels of pay for their employees. The stakes are high: If employers don't get compensation right, they may find themselves losing out on talent. (Read More)...
(Read More)EEO-1 Reporting Will Begin in July
2023-02-13
Employers need to understand that the timeline for submitting their demographic data to the U.S. Equal Employment Opportunity Commission (EEOC) is somewhat different this year. (Read More)...
(Read More)Phishing Attacks: What You Need to Know
2023-02-07
Cybersecurity professionals consider phishing attacks to be the "most dangerous" threat to cybersecurity for their organizations, according to research by Cyber Security Hub, an online news site for cybersecurity professionals. (Read More)...
(Read More)Inflation Caused Many Employees to Stop Saving for Retirement in 2022
2023-02-01
Inflation—which hit a 40-year high last year but has recently shown signs of abating—has taken a dramatic toll on consumers' lives and wallets, affecting nearly every aspect of their finances. (Read More)...
(Read More)When Disasters Strike: Pay, Leave and Related Issues
2023-01-10
Tragic events bring an all-too timely reminder of pay and benefits issues that HR managers should bear in mind. Although it is practically impossible to be fully prepared for any disaster, it is important for employers to be aware of employment laws that may be implicated in such situations. (Read More)...
(Read More)How to Train Young Managers to Supervise Older Employees
2023-01-05
Perhaps no one knows better than HR professionals that the workplace is aging, and teaching younger managers how to work effectively with older employees who report to them is becoming a critical workplace exercise. (Read More)...
(Read More)New Year's Resolutions for HR Departments of One
2023-01-05
Going to the gym more often? Check. Spending quality time with the family? Yep. Learning a new hobby? Sure. Improving the HR department? Of course. (Read More)...
(Read More)Employees Dipping into Retirement Savings
2023-01-04
Financial woes are continuing to impact employees, with scores of workers dipping into their retirement accounts and many more worried about their expenses, savings and financial stress. (Read More)...
(Read More)Employee Arrested While Off Duty? Proceed Cautiously; Gather Facts
2022-10-13
One of our employees did not show up for work yesterday and failed to call or otherwise notify us of his absence. We have a no-call/no-show/no-job policy. Another employee told us that the missing employee was arrested over the weekend and is in jail. Can we fire him? (Read More)...
(Read More)DHS/ICE Extends I-9 Remote, Virtual Verification until July 31, 2023
2022-10-12
On October 11, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a nine-month extension until July 31, 2023, of the policy allowing remote, virtual verification of the documentation required for a Form I-9 when a workforce is working remotely. It is unknown if this extension will be the last one. (Read More)...
(Read More)Final Paycheck: Employee Pickup or Mail? Answers to FAQs
2022-10-11
If an employee quits without giving any notice, I believe I have a window of time to prepare a final paycheck. Does the employee have to come pick it up or should I mail it to them? (Read More)...
(Read More)State Laws Guarantee Time Off to Vote
2022-10-10
With Election Day coming up on Nov. 8, employers need to stay aware of state laws that guarantee workers time off to vote. (Read More)...
(Read More)California Creates Bereavement Leave Requirement
2022-10-10
On September 29, 2022, Governor Newsom signed AB 1949, which creates protected bereavement leave under the California Family Rights Act (CFRA). As of January 1, 2023, AB 1949 makes it unlawful for an employer to refuse to grant an eligible employee the opportunity to take up to five days of bereavement leave upon the death of a family member. (Read More)...
(Read More)New California Law Modifies and Extends California Labor Code COVID-19 Exposure Notification Requirements, But Adds Confusion to Existing Employer Obligations
2022-10-06
California Assembly Bill (AB) 2693, signed into law on September 29, 2022, made changes to COVID-19 notification requirements by amending California Labor Code section 6409.6 (Duties of employer when notified of potential exposure to COVID-19) and extending its provisions until January 1, 2024. (Read More)...
(Read More)How to Create an Introvert-Friendly Hiring Process
2022-10-06
Traditional hiring practices often favor extroverted candidates who may be more adept at interviewing than their more-introverted counterparts. This bias can lead employers to overlook talented candidates who have the skills and experience to do the job but may lack interviewing finesse. (Read More)...
(Read More)4th Quarter 2022 'Quick Hits' for Plan Sponsors
2022-10-04
As we enter the fourth quarter of 2022, sponsors and administrators of employee benefit plans have a lot to juggle. From open enrollment and required notices to plan document deadlines, it is a busy time of year. (Read More)...
(Read More)Avoid Common FMLA Certification and Recertification Mistakes
2022-10-03
Collecting valid and complete certification and recertification documentation from employees is one of the best ways to reduce Family and Medical Leave Act (FMLA) abuse. (Read More)...
(Read More)New 2023 California Employment Laws
2022-10-03
It’s that time of year again! With a deadline of September 30, Governor Gavin Newsom signed many of the California Legislature’s labor and employment bills into law. Here’s a quick look at some of the new laws that will impact employers. Unless noted otherwise, the new laws take effect January 1, 2023. (Read More)...
(Read More)California Joins Growing List of Jurisdictions to Require Pay Scale Information in Job Postings: 7 Things You Need to Know
2022-09-28
As a result of Governor Newsom’s signature on legislation yesterday, California will soon join a growing list of state and local jurisdictions that require job postings to include pay scale information. (Read More)...
(Read More)Salary Negotiation Strategies for HR Professionals
2022-09-28
The largest raises you'll ever get in your career typically come from quitting a job and joining a new employer, though not everyone wants to jump ship. (Read More)...
(Read More)California Provides Protections for Workers Who Use Marijuana Outside Work
2022-09-28
On Sept. 18, California Gov. Newsom signed a law that will prohibit employers from penalizing workers for using marijuana outside of work. (Read More)...
(Read More)IRS Update Clarifies Prescreening Process of New Hires for Work Opportunity Tax Credit
2022-09-26
Updated online information from the IRS on prescreening job applicants is intended to help determine if hiring them would enable an employer to receive the federal Work Opportunity Tax Credit (WOTC), which is available to employers that hire designated categories of workers who face significant barriers to employment. (Read More)...
(Read More)OFCCP Announces ‘Minor’ Changes to Directive on Functional Affirmative Action Plans
2022-09-26
The Office of Federal Contract Compliance Programs (OFCCP) recently announced “minor” changes to its directive on Functional Affirmative Action Plans (FAAPs) – but some of the changes don’t resonate as “minor.” (Read More)...
(Read More)Survey Says: Submit Your Annual Business Survey!
2022-09-26
Don’t ignore a letter from the U.S. Department of Commerce requesting that you complete an Annual Business Survey (ABS). These annual surveys are mandatory, and failure to complete it can subject you to up to a $5,000 fine, or $10,000 for intentionally providing false information. (Read More)...
(Read More)5 Important Employer Steps for ACA Compliance Reporting in 2023
2022-09-20
Applicable large employers (ALEs)—those with 50 or more full-time or equivalent employees—must adhere to Affordable Care Act (ACA) annual reporting rules to remain compliant regarding group health plan offerings. (Read More)...
(Read More)Viewpoint: Don’t Underestimate the Importance of Exit Interviews
2022-09-20
If you've seen any news in the past year, you know we're currently knee-deep in one of the tightest labor markets in years. It all started in spring 2021, when burned-out workers triggered unprecedented churn, leaving millions of jobs open. (Read More)...
(Read More)California Workers Gain New Cannabis Protections: What Employers Need to Know
2022-09-19
A new protection is on the way for employees in California who use cannabis before or after completing their workday. (Read More)...
(Read More)Check-Ins, Continual Listening Can Calm Employee Anxiety
2022-09-16
It is amazing what an HR generalist can learn simply by walking through the workplace once a week to check in with the staff. (Read More)...
(Read More)Challenging Unemployment Compensation Benefits: When Is It Worth It?
2022-09-16
Knowing when employers have a strong case against paying unemployment insurance (UI) benefits claims—and when they don't—factors into whether employers challenge these claims. Employers should be straightforward in response to questions from state UI departments and avoid missteps when challenging benefits. (Read More)...
(Read More)How to Spot Suicidal Behaviors in the Workplace
2022-09-13
September is Suicide Prevention Awareness Month—an effort to destigmatize suicide, educate the public on the importance of mental health care and provide prevention resources to those who need them. (Read More)...
(Read More)How to Respond When an Employee Rejects Their Performance Review
2022-09-13
Performance reviews are used for a variety of purposes—merit increases, promotions, transfers and more. For those reasons, it makes sense that every employee wants to receive a satisfactory review. So what happens if an employee receives a poor performance review and doesn't agree with it? (Read More)...
(Read More)Standards Board Moving to Adopt Non-Emergency COVID Regulation
2022-09-12
I hear that the California Division of Safety and Health (Cal/OSHA) Standards Board will be presenting for public comment and future adoption a final version of the Emergency Temporary Standards (ETS) regarding the hazards related to COVID-19 on September 15, 2022. How are these new requirements going to affect my operations? (Read More)...
(Read More)Final Paycheck: Employee Pickup or Mail? Answers to FAQs
2022-09-09
If an employee quits without giving any notice, I believe I have a window of time to prepare a final paycheck. Does the employee have to come pick it up or should I mail it to them? (Read More)...
(Read More)Update on COVID Paid Sick Leave
2022-09-06
AB 152 (Committee on Budget) COVID-19 Supplemental Paid Sick Leave passed the Legislature on August 31 and awaits action by the Governor. (Read More)...
(Read More)2023 Salary Budgets Projected to Stay at 20-Year High but Trail Inflation
2022-09-06
Salary increase budgets in the U.S. are projected to grow, on average, just over 4 percent for 2023, less than half of the current annual inflation rate of 8.5 percent, according to new survey data. (Read More)...
(Read More)Confidentiality Is Key When Employees Are on FMLA or ADA Leave
2022-09-06
Whether an employee is on continuous or intermittent leave, the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) restrict sharing information about the employee in virtually the same way and emphasize keeping medical information confidential. (Read More)...
(Read More)California Passes Bill on Fast-Food Employment Standards
2022-09-06
California lawmakers just passed the first bill in the nation that aims to enact specific workplace rules and standards for fast-food employees. (Read More)...
(Read More)Company BBQ: Factors to Consider Before Sending Invites to Employees
2022-09-01
We are having an offsite company barbecue this summer. What should I consider before hosting this event? (Read More)...
(Read More)Fisher Phillips Launches CCPA Resource Center After California Lawmakers Keep Employers on the Hook: 5 Steps to Take Now
2022-08-30
When the California Legislature wraps up its 2022 session on August 31, it will do so without having extended an exemption that kept employment data from being part of the California Consumer Privacy Act’s (CCPA) many requirements. (Read More)...
(Read More)Open Enrollment Success Relies on Effective Communications
2022-08-29
The need for effective open enrollment communications has never been more critical—or more complicated, given the rise of hybrid mixes of remote and onsite work arrangements. This requires a renewed focus on developing communications that meet employees' needs wherever they are and whenever they need to connect. (Read More)...
(Read More)Standards Board Moving to Adopt Non-Emergency COVID Regulation
2022-08-26
I hear that the Cal/OSHA Standards Board will be presenting for public comment and future adoption a final version of the Emergency Temporary Standards (ETS) regarding the hazards related to COVID-19 on September 15, 2022. How are these new requirements going to affect my operations? (Read More)...
(Read More)Personnel/Payroll Record Requests: Timely Response Important
2022-08-25
An employee has asked for a copy of his personnel file and payroll records. What documents is the employee legally entitled to receive? (Read More)...
(Read More)4 Steps to Stay in Compliance with OFCCP’s New Affirmative Action Compensation Analysis Requirements
2022-08-25
When government officials released new guidance last week explaining how they will evaluate federal contractors’ compliance with new compensation analysis obligations, they calmed the nerves of the contractor community by confirming they would not require employers to turn over attorney-client privileged material. (Read More)...
(Read More)Federal Student-Debt Relief Raises Issues for Workplace Benefits
2022-08-25
President Joe Biden announced the federal government will repay up to $10,000 of student loan debt for those earning less than $125,000 annually and further extended the COVID-19 student loan repayment moratorium through the end of this year. (Read More)...
(Read More)Look at Alternatives to Layoffs
2022-08-24
Layoffs are rattling corporate America. In a survey of U.S. business executives by professional services firm PwC, 50 percent of respondents indicated they were reducing their companies' headcounts. (Read More)...
(Read More)Employers Are Poised to Expand Mental Health Coverage in 2023
2022-08-22
Employers enhanced their mental health and well-being benefits for employees during the COVID-19 pandemic and are poised to continue expanding these offerings in 2023, new research shows. Even so, challenges in accessing care remain for many employees. (Read More) ...
(Read More)How to Respond to Class Actions
2022-08-22
Frequently involving wage and hour issues, class actions against employers can result in lengthy litigation—but early response to them may reduce damages. (Read More)...
(Read More)4 Key Actions Employers Can Take to Best Prepare for an Active Shooter
2022-08-18
The recent unfortunate and heartbreaking events in Uvalde, Texas and at the Greenwood Park Mall in Indiana serve as stark reminders to employers that an active shooting event can occur almost anywhere. (Read More)...
(Read More)California Poised to Expand Pay Transparency, Reporting Obligations
2022-08-18
class="ZWSC-cleaned">Abill to increase pay transparency in California steps closer to becoming law. California Senate Bill 1162, introduced in February and with some amendments since its initial form, passed the Assembly Appropriations Committee on August 11. (Read More)...
(Read More)Inflation Reduction Act's Health Care Provisions Could Affect Employers
2022-08-16
The climate spending and tax legislation President Joe Biden signed into law on Aug. 16 contains provisions that could affect employers that sponsor group health plans. Also, the legislation's increase in IRS auditors could impact employer-sponsored retirement plans. (Read More)...
(Read More)Employers Are Rescinding Job Offers Again—How to Do So, if You Must
2022-08-16
Stories of rescinded job offers have begun to surface, especially in fast-growth industries like technology and real estate, in another sign that the red-hot job market is starting to cool. (Read More)...
(Read More)Top 10 Mistakes in Handling I-9 Forms
2022-08-12
Internal I-9 audits should result in documented changes in practices, not just corrections to the forms, according to Mira Mdivani, an immigration attorney in Overland Park, Kan. (Read More)...
(Read More)Tread Carefully When an Employee Gets Arrested Outside of Work
2022-08-10
When an employee is arrested outside of work hours, it's never welcome news, but there are some key do's and don'ts for HR professionals to keep in mind. (Read More)...
(Read More)No FMLA Claim Without Expressed Intention to Take FMLA Leave
2022-08-09
The 3rd U.S. Circuit Court of Appeals found that a plaintiff's claims under the Family and Medical Leave Act (FMLA) could not proceed to trial because he had never expressed an intention to take leave under the act. (Read More) ...
(Read More)Monkeypox Not Likely to Spread Through Workplace, Travel
2022-08-09
A world exhausted from fighting COVID-19 for more than two years is now facing another potential hazard after the World Health Organization (WHO) declared monkeypox a "public health emergency of international concern" on July 23 and the U.S. declared a public health emergency on Aug. 4. (Read More)...
(Read More)IRS Sets 2023 Health Plan Premium Affordability Threshold at 9.12% of Pay
2022-08-05
The IRS announced that the 2023 health plan affordability threshold—used to determine if an employer's lowest-premium health plan meets the Affordable Care Act's (ACA's) affordability requirement—will be 9.12 percent of an employee's "household income," down from the 2022 limit of 9.61 percent. (Read More)...
(Read More)What Team Sports Can Teach Us About DE&I
2022-08-03
Achieving diversity, equity and inclusion (DE&I) in the workplace continues to be a challenge for most organizations. (Read More)...
(Read More)Workers Have Trouble Unplugging While on PTO
2022-07-25
Employees in the U.S. are notorious for not taking their allotted, employer-paid vacation time. Even when they do take time off, they often use some of that time to work and check e-mail. (Read More)...
(Read More)Personnel/Payroll Record Requests: Timely Response Important
2022-07-22
An employee has asked for a copy of his personnel file and payroll records. What documents is the employee legally entitled to receive? (Read More)...
(Read More)Employers May Need to Update Forms I-9 as COVID-19 Era Policy Ends
2022-07-22
As a U.S. Citizenship and Immigration Services (USCIS) COVID-19-era Form I-9 policy ends, employers need to make sure they have updated their relevant Forms I-9 by July 31, 2022. (Read More)...
(Read More)Updated Cal/OSHA, EEOC COVID-19 Guidance
2022-07-22
While COVID-19 guidance, orders and regulatory changes haven’t been as frequent as they were in the past two years, employers should review a couple of recent updates, including clarification of “indoor air space” and new limits to an employer’s ability to require viral COVID-19 testing. (Read More)...
(Read More)Position Community Volunteering as an Employee Benefit
2022-07-20
Employees—especially younger workers—say they prefer to work for organizations with a strong commitment to corporate social responsibility (CSR). Importantly, this commitment must go beyond lip service to resonate with employees. (Read More)...
(Read More)Fine-Tune Benefits Before Open Enrollment
2022-07-18
Open enrollment this fall for 2023 employee benefits is an opportunity for organizations to showcase the value of the benefits packages they provide to employees—and to help stem high turnover rates. (Read More)...
(Read More)Q&A: What Employers Need to Know About the California Consumer Privacy Act’s Training Requirement
2022-07-18
When covered businesses collect personal information about consumers – including employees and job applicants – the California Consumer Privacy Act (CCPA) requires them to comply with certain disclosure obligations, among many other requirements. (Read More)...
(Read More)Want To Keep Your Employees? Listen To Them
2022-07-18
Organizations are using 2022 as a "recovery year" from the pandemic and the Great Resignation that has followed. (Read More)...
(Read More)EEOC’s New Workplace COVID-19 Testing Rules Might Require You to Make Key Changes: 7 Takeaways for Employers
2022-07-14
Employers that continue to test workers for COVID-19 should review their policies to ensure they comply with updated guidelines released Tuesday by the Equal Employment Opportunity Commission (EEOC). (Read More)...
(Read More)Return to the Workplace Gets Mixed Reviews
2022-07-13
In June, Tesla CEO Elon Musk demanded that all employees return to their onsite workspaces, according to a leaked e-mail thread. If workers refused, Musk would consider it a resignation. (Read More)...
(Read More)State Change in COVID-19 Definition of ‘Close Contact’ Leaves Questions for California Employers
2022-07-12
One of the most well-known elements of COVID-19 workplace safety was changed last month — to relatively little fanfare — and it has left California employers with many questions. (Read More)...
(Read More)TECHNOLOGY How to Prove Your Investments in HR Technology Are Paying Off
2022-07-11
Technology advances rapidly and, when it does, it's tempting to invest in new—or replacement—technology. The next best thing is always on the horizon. But company budgets are tight, and leaders want to be certain they are making the right investments in new technology. (Read More)...
(Read More)Companies Are Rethinking How They Hire Technical Talent
2022-07-11
Sargun Kaur knows from experience how flawed the process for hiring technical talent can be in some organizations. Kaur, the co-founder and CEO of Byteboard, a platform that assesses candidates for technical roles, is a former engineer who suffered through job interviews she believed weren't reflective of the skills or knowledge she'd need to succeed on the job. (Read More)...
(Read More)8 Ways HR Can Overcome Pushback During the Return to the Office
2022-07-06
Agrowing number of employers are bringing employees back onsite full time. While some workers welcome the return, others are more ambivalent about the prospect. (Read More)...
(Read More)What Gun Reform May Mean for HR
2022-07-06
In response to a rash of mass shootings in schools, grocery stores and other public places, Congress recently passed legislation signed by President Joe Biden that enhances gun safety reforms. (Read More) ...
(Read More)California Laws Generally Apply Only within Borders of State
2022-07-01
Since the pandemic, my company has been allowing employees to work from home. Without informing our human resources department, several of these employees have moved to other states. Now that these employees are living in other states, do the California overtime laws apply to these employees? (Read More)...
IRS Launches 90-Day Pre-Audit Window to Correct Retirement Plan Errors
2022-06-28
The IRS has launched a pilot compliance program that gives plan sponsors a 90-day window prior to an IRS audit of their tax-qualified retirement plan, such as a 401(k) or defined benefit pension, to fix any discovered errors. (Read More)...
(Read More)Here To Stay? 5 Changes to Prepare for as Cal/OSHA Proposes Permanent COVID-19 Standard
2022-06-28
Many California employers were hopeful there was an end in sight for COVID-19 requirements – but recent activity from state workplace safety officials means that you will most likely need to comply with pandemic rules for at least the next two years. (Read More)...
(Read More)EEOC Adds 'X' Gender Marker to Questions During Charge Intake
2022-06-28
The U.S. Equal Employment Opportunity Commission (EEOC) announced on June 27 full implementation of the opportunity to select a nonbinary "X" gender marker during the intake process for filing a charge of discrimination, fulfilling a promise made in March. (Read More)...
(Read More)An Employer’s Guide to Workplace Protections for Abortion-Related Decisions
2022-06-27
Employers likely have questions about abortion-related employment protections and healthcare benefits after Friday’s SCOTUS controversial decision that overturned Roe v. Wade. (Read More)...
(Read More)Roe v. Wade Overturned
2022-06-24
The U.S. Supreme Court in a June 24 decision upheld Mississippi’s restrictions on abortion, a ruling that may lead employers to revise their employee health care benefits. (Read More)...
(Read More)Steps to Take When Audit Reveals Errors in Completed I-9 Form
2022-06-24
I am planning to audit our completed I-9 forms. What do I do if I find errors? (Read More)...
(Read More)California Employers Face Minimum Wage Increases This July 1
2022-06-23
With the Consumer Price Index recently showing the largest spike in 30 years, California employers need to brace themselves and prepare for the minimum-wage hikes going into effect in several cities across the state on July 1, 2022. (Read More)...
(Read More)CalSavers Small Business Deadline One Week Away
2022-06-23
Small businesses with five or more employees that don’t offer a qualified retirement plan have only one more week to register with CalSavers, a retirement savings program for private-sector workers. (Read More)...
(Read More)CDPH Alters Cal/OSHA COVID-19 ETS Definitions
2022-06-21
On June 8, 2022, the California Department of Public Heath (CDPH) issued an order updating definitions for “close contact” and “infectious period” as they relate to the CDPH isolation and quarantine requirements. (Read More)...
(Read More)Medical Documentation Requirements for Disability Leaves
2022-06-17
If an employee requests a leave of absence as an accommodation under the Americans with Disabilities Act, can I require medical documentation from their health care provider? If so, how much time does the employee have to provide me with the documentation? (Read More)...
(Read More)Court Cases Show Mistakes to Avoid in ADA Compliance
2022-06-16
Staying compliant with the Americans with Disabilities Act (ADA) presents various challenges for employers, and these challenges have only increased in the last two years during the COVID-19 pandemic. (Read More)...
(Read More)Viking Cruises to a Win for California Employers: Supreme Court Closes PAGA’s Backdoor to Avoid Arbitration Agreements (For Now)
2022-06-16
Employers can enforce arbitration agreements in California to the extent they require an employee to arbitrate individual claims under the state’s Private Attorneys General Act (PAGA), according to an 8 to 1 SCOTUS ruling that was issued today. The Court also held that once the employee’s individual claims under PAGA are compelled to arbitration, the employee would not have standing to bring a representative claim under PAGA on behalf of other aggrieved employees. However, the Court left open the possibility that the California Legislature could revise PAGA to allow an employee to bring representative claims in Court, even if the employee does not share any claims with the other employees they seek to represent. Employers have been clamoring for this ruling, as this decision marks the end of an eight-year battle to treat agreements to arbitrate representative actions in the same manner as waivers of class and collective actions. You should be prepared to make immediate adjustments to your alternative dispute resolution agreements, assess any existing representative litigation to capitalize on this hard-fought relief from PAGA’s abuses, and prepare for potential legislative changes to PAGA. Here’s what you need to know about the ruling....
(Read More)Reminder: PCORI Fee Is Due Aug. 1 for Self-Insured Health Plans
2022-06-16
At the end of last year, the IRS raised the fee that insurers or sponsors of self-insured health plans pay annually to fund the federal Patient-Centered Outcomes Research Institute (PCORI) trust fund. The new fee is $2.79 per covered person, with other fees described below. (Read More)...
(Read More)Learn to Better Manage Your Time
2022-06-15
"Busy does not equal results," admonished Julie D. Burch during her laughter-filled, standing-room-only concurrent session at the SHRM Annual Conference & Expo 2022 in New Orleans on June 13. (Read More)...
(Read More)California Bill Would Require Pay Range in Job Ads
2022-06-15
Aproposed bill in California would make pay more transparent. Under the bill, employers with 15 or more employees would have to include pay range in all of their job postings and publicly report how much certain groups of employees are paid. (Read More)...
(Read More)Employee Resource Groups Create a Sense of Belonging, Foster Engagement
2022-06-12
Human resources teams that support employee resource groups (ERGs) gain partners in fostering employee engagement. These groups can also help counter the spike in employee turnover known as the Great Resignation, said Christine Michel Carter, an author and corporate advisor, during a June 12 workshop at the SHRM Annual Conference & Expo 2022 in New Orleans. (Read More)...
(Read More)Quick Overview of May 6 Version of Emergency COVID Standards
2022-06-10
The Division of Occupational Safety and Health (Cal/OSHA) has adopted the third iteration of the Emergency Temporary Standards (ETS) for the COVID-19 pandemic. These requirements went into effect on May 6, 2022 and are effective through December 31, 2022. (Read More)...
(Read More)A Look at Drug Testing, Privacy Rights, Last Chance Agreements
2022-06-09
My employee provided a doctor’s note for recent time off that included information that he was out due to “cocaine poisoning.” With this information, can we require the employee to sign a last chance agreement and submit to weekly drug testing? (Read More)...
(Read More)IRS Raises Standard Mileage Rate for Final Half of 2022
2022-06-09
Citing soaring gas prices, the Internal Revenue Service (IRS) on June 9 announced an increase in the optional standard mileage rate for the final six months of 2022. (Read More)...
(Read More)How to Keep Hiring Managers From Asking Inappropriate Interview Questions
2022-06-08
Aformer manager for Google and Meta bragged on social media about openly discriminating against female job applicants. (Read More)...
(Read More)Circuit Court Clarifies Employer Burdens in Religious Accommodation Cases
2022-06-03
Religious accommodation cases continue to vex employers. Especially since the rise of COVID-19, employers have had to face a rising tide of employee claims that their religious beliefs entitle them to an exemption from otherwise applicable workplace rules. (Read More)...
(Read More)Court Overturns California Law Requiring Women on Boards of Directors
2022-06-01
Arecent ruling in Los Angeles Superior Court overturned California's law requiring companies to include women on their boards of directors. (Read More)...
(Read More)Unlawful to Deduct an Outstanding Loan from Employee’s Final Pay
2022-05-31
What can an employer do when an employee leaves a company but has an outstanding loan owed to the company? Can the amount of the outstanding loan be taken out of the employee’s final pay? (Read More)...
(Read More)How Some Employers Are Addressing Weight Discrimination
2022-05-31
When Emma Gordon was working as an intern, she was on medication for an illness she was experiencing at the time. The medication caused a notable weight gain. (Read More)...
(Read More)California: Obligations of an Employee Taking Leave
2022-05-29
Under both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), an employee is required to provide at least 30 days' notice of the need for leave when the need for leave is foreseeable. When the need for leave is not foreseeable, no amount of advance notice is required. (Read More)...
(Read More)Moonlighting OK, But Not Job Performance/Attendance Issues
2022-05-27
Can California employers require employees to submit written notification/disclosure that they have a second job? (Read More)...
(Read More)How to Write a Great HR Cover Letter
2022-05-26
While you might read hundreds (or thousands) of cover letters as part of your HR job, it can be a challenge to write one of your own. (Read More)...
(Read More)How to Stop Employees from Hoarding Knowledge
2022-05-24
In a learning economy where knowledge is constantly evolving, it's important for everyone in an organization to share what they know and learn from each other to ensure their own growth—not to mention the survival and success of the organization. (Read More)...
(Read More)California Supreme Court Says Payments for Missed Breaks are “Wages”: A 3-Step Action Plan for Employers
2022-05-24
The California Supreme Court ruled yesterday that any premiums paid to employees who are unable to take a full and timely meal or rest period should be considered “wages,” which not only triggers two key obligations on the part of California employers but also reemphasizes the importance of meal and rest break compliance. (Read More)...
(Read More)A Look at Drug Testing, Privacy Rights and Last Chance Agreements
2022-05-20
My employee provided a doctor’s note for recent time off that included information that he was out due to “cocaine poisoning.” With this information, can we require the employee to sign a last chance agreement and submit to weekly drug testing? (Read More)...
(Read More)Nothing Escapes Inflation, Including California’s Minimum Wage
2022-05-18
California’s minimum wage currently is double its federal counterpart. And, it’s going to keep climbing. (Read More)...
(Read More)Employment Gaps: The Struggle of Re-Entering the Workforce
2022-05-17
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor's Office of Federal Contract Compliance Programs recently hosted a virtual roundtable to discuss challenges workers face when re-entering the workforce after periods of unemployment. (Read More)...
(Read More)Be Aware of Legal Risks with Post-Roe Abortion Benefits
2022-05-16
With the news that the U.S. Supreme Court may overturn Roe v. Wade, the 1973 decision that legalized abortion throughout the U.S., some employers have begun revising their health benefits to cover travel expenses for out-of-state medical procedures, including abortions, that are not available locally. (Read More)...
(Read More)Unlawful to Deduct an Outstanding Loan from Employee’s Final Pay
2022-05-13
What can an employer do when an employee leaves a company but has an outstanding loan owed to the company? Can the amount of the outstanding loan be taken out of the employee’s final pay? (Read More)...
(Read More)EEOC Will Allow Late Filings of EEO-1s Until June 21
2022-05-13
The U.S. Equal Employment Opportunity Commission has stated that it will allow late filing of EEO-1 Reports, which are due May 17, until June 21. We've gathered articles on the news from SHRM Online and other outlets. (Read More)...
(Read More)Free White Paper: Employee Handbooks Are Essential
2022-05-12
Unbeknownst to some, California law doesn’t require employers to have an employee handbook. But the benefits of creating and maintaining an employee handbook are many — not only for employees, but also for employers themselves. (Read More)...
(Read More)Will the Pandemic’s Missing Workers Ever Return to the Labor Force?
2022-05-11
Official unemployment is near a historic low while job openings have surged to record highs, yet a massive gap remains between the demand for talent and the supply of workers in the labor market. (Read More)...
(Read More)Guidance on Handling Roe v. Wade Discussions in the Workplace
2022-05-10
News about abortion rights has dominated headlines in recent days after Politico reported that the U.S. Supreme Court is poised to overturn Roe v. Wade, a landmark 1973 decision that legalized abortion nationwide. (Read More)...
(Read More)Why Are Companies Hiring More Multilingual Workers?
2022-05-09
Interacting with clients and customers around the world has become part of doing business at many companies, including small operations with just a few employees. (Read More)...
(Read More)Final Wages to Fired Employee Should Include Reporting Time Pay
2022-05-06
Late during the shift one afternoon, I discovered one of the employees had been stealing from the company. I immediately sent him home. (Read More)...
(Read More)Employees Want Voluntary Benefits but Don’t Always Understand Them
2022-05-04
New survey results show that more U.S. employers are offering voluntary benefits and more workers are selecting them during the open enrollment cycle for 2022. Other research, however, found that employees still misunderstand voluntary benefits and don't take full advantage of them. (Read More)...
(Read More)Review Expense Reimbursement Policies for Relevance to Remote Work
2022-05-04
The unexpected and rapid growth of remote workers since 2020 has changed the workplace permanently. (Read More)...
(Read More)Eligible California Employers with 5 or More Employees Must Comply with CalSavers Retirement Savings Trust Act by June 30, 2022
2022-05-03
California law requires that employers doing business in California that do not offer a 401(k) plan must register under the CalSavers Retirement Program (the “CalSavers Program” or “Program”) and provide employee census information in order for CalSavers to automatically enroll eligible employees in a retirement savings program. (Read More)...
(Read More)Take Three: Cal/OSHA Revises COVID-19 Emergency Temporary Standards (ETS) for Third Time
2022-05-02
On April 21, 2022, the Occupational Safety and Health Standards Board (OSHSB) approved a third readoption of the California Division of Occupational Safety and Health (Cal/OSHA) Emergency Temporary Standards (ETS) to replace the current version, which is set to expire on May 6, 2022. (Read More)...
(Read More)Viewpoint: Top 10 Reasons Why Employees Sue Their Employers
2022-05-02
Many employment lawsuits could be prevented if employers focused on certain aspects of their workplace environment and recognized employee warning signs. (Read More)...
(Read More)10 Steps to Mental Health Wellness for Your Employees
2022-05-02
The seemingly never-ending pandemic has affected all aspects of the workplace, with employee mental health and well-being becoming one of the top employee-related issues you need to deal with on a daily basis. (Read More)...
(Read More)Review Expense Reimbursement Policies for Relevance to Remote Work
2022-04-29
When the pandemic started, we sent many of our employees home to work remotely. Should we have a policy regarding reimbursement of their expenses? (Read More)...
(Read More)IRS Announces Spike in 2023 Limits for HSAs and High-Deductible Health Plans
2022-04-29
Health savings account (HSA) contribution limits for 2023 are going up significantly in response to the recent inflation surge, the IRS announced April 29, giving employers that sponsor high-deductible health plans (HDHPs) plenty of time to prepare for open enrollment season later this year. (Read More)...
(Read More)ADA Protects Workers in Treatment and Recovery for Opioid Use
2022-04-26
Recent federal guidance reminds employers that workers with opioid use disorder (OUD) who are in treatment or recovery are protected from employment discrimination under the Americans with Disabilities Act (ADA). (Read More)...
(Read More)The Challenges of Recruiting Recruiters
2022-04-26
Employers have been in a hiring frenzy since the recovery from the COVID-19 pandemic stabilized in 2021. The U.S. unemployment rate sits at 3.6 percent, the lowest rate since right before the pandemic began, while job openings are at record highs. (Read More)...
(Read More)ICE Extends I-9 Flexibility for Remote Workers
2022-04-26
U.S. Immigration and Customs Enforcement (ICE) has extended its temporary policy allowing employers to inspect Form I-9 documents virtually through Oct. 31. (Read More)...
(Read More)Is the 32-Hour Workweek Coming to California?
2022-04-25
Lawmakers in the Golden State are considering a bill that would require businesses with more than 500 employees to shift to a 32-hour workweek and pay overtime premiums for excess hours—but does the bill have a chance of becoming law? (Read More)...
(Read More)Avoid Surprises by Checking in with Employee During Family Leave
2022-04-22
Employers are not required to provide written notification under either the federal Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA) at the end of an employee’s family leave. (Read More)...
(Read More)OSHA Announces Program to Protect Workers from Heat Hazards
2022-04-20
Employers should prepare for heat-related workplace inspections from the Occupational Safety and Health Administration (OSHA) under a new program designed to protect indoor and outdoor workers from heat illness and injuries. (Read More)...
(Read More)California Privacy Rights Act for Employers: Developing and Posting a Privacy Policy for Human Resources Data
2022-04-19
The California Privacy Rights Act (CPRA), which goes into effect January 1, 2023, will impose specific notice obligations on the part of the employer. (Read More)...
(Read More)Viewpoint: Common FMLA Missteps—Don’t Be 'That Guy'
2022-04-19
How is managing leave under the Family and Medical Leave Act (FMLA) like baseball? The team can be undone by rookie mistakes and unforced errors. (Read More)...
(Read More)How to Resolve a Pay Dispute
2022-04-15
Errors happen, even with payroll, but speed is of the essence in correcting them to avoid further eroding worker trust and risking litigation. (Read More)...
(Read More)California Privacy Rights Act for Employers: Vendor Contracting Requirements
2022-04-14
The impending January 1, 2023 effective date of the California Privacy Rights Act (CPRA) has created a lengthy list of compliance tasks for human resources (HR) departments. (Read More)...
(Read More)Spice Up Routine Benefits Offerings to Attract and Keep Talent
2022-04-14
Employers need to offer "creative and exciting benefits packages to recruit new employees and retain existing workers," said Jeanne J. Sutton, a financial benefits advisor at Bowling Green, Ky.-based consultancy Strategic Retirement Partners, which has clients nationwide. (Read More)...
(Read More)TALENT ACQUISITION 6 Tips for Recruiters to Self-Motivate During Tough Times
2022-04-14
Recruiting is hard right now. The labor market is hypercompetitive, open requisitions have skyrocketed, and recruiting resources have not been fully restored from the ravages of the pandemic. (Read More)...
(Read More)As Inflation Hits 8.5%, Workers Expect Bigger Raises
2022-04-12
Adding more pressure on employers to raise wages, consumer prices rose 8.5 percent year over year in March, the highest inflation rate since 1981, the U.S. Bureau of Labor Statistics (BLS) reported on April 12. The monthly increase from February to March was 1.2 percent. (Read More)...
(Read More)Fair Pay Initiative Moves Closer to Qualifying for November Ballot
2022-04-08
The effort to stop frivolous lawsuits against employers by replacing the state’s Private Attorneys General Act (PAGA) continues to advance. (Read More)...
(Read More)Standards Board to Consider Update to Required First-Aid Kit Contents
2022-04-08
I hear that the Occupational Safety and Health Standards Board (Board) will be considering a revision to the requirement to obtain a physician’s approval for the items to include in a job site first-aid kit. (Read More)...
(Read More)Cal/OSHA Publishes a Draft Readoption ETS that Eliminates Vaccination Status Distinctions and Relaxes Testing Methods, Yet Muddies Quarantine Standards
2022-04-07
On April 6, 2022, Cal/OSHA issued a draft COVID-19 Emergency Temporary Standard (ETS) for readoption to replace the current version, which expires on May 5, 2022. The readopted ETS would be the fourth version of the ETS, which first went into effect on November 30, 2020. (Read More)...
(Read More)California Court Blocks Board Diversity Law
2022-04-05
ALos Angeles court recently struck down a law that requires publicly traded corporations headquartered in California to have board members from underrepresented communities. (Read More)...
(Read More)Two Developments Could Impact California’s Proposed Regulations Governing AI and Automated Decision-making
2022-04-04
Two noteworthy developments have occurred since the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws on March 15, 2022 that relate to the nascent law surrounding the use of artificial intelligence, machine learning, and other data-driven statistical processes to automate decision-making in the employment context. (Read More)...
(Read More)4 California Wage and Hour Rulings for Employers to Note
2022-04-04
Many HR professionals in the Golden State have spent the last few years adapting to changes prompted by the COVID-19 pandemic and complying with related workplace orders. So, they may have missed other key employment law developments. (Read More)...
(Read More)Stop Employees from ‘Mask Shaming’ Colleagues
2022-04-04
Employers have observed an increasing lack of respect in the workplace, including so-called mask shaming—insulting colleagues who, out of concern over COVID-19, continue to wear masks. (Read More)...
(Read More)Mental Stress Leave: Time with Employer Among Eligibility Factors
2022-04-01
During the past two years, we’ve had several employees claiming they are dealing with depression and anxiety/stress. Can they file for leave under the Family and Medical Leave Act (FMLA) for these claims? (Read More)...
(Read More)Prepare for Health Care Price Transparency Rules Taking Effect Soon
2022-04-01
New requirements for employer-sponsored health plans to report price information for in-network costs to plan participants are set to take effect shortly. (Read More)...
(Read More)Marijuana Laws and the 2022 Workplace
2022-03-31
Growing acceptance of marijuana use in recent years has led to the proliferation of state laws legalizing medical and recreational cannabis consumption, as well as a push for employment protections for off-duty use. (Read More)...
(Read More)EEOC Continues to Update COVID-19-Related Practical Guidance
2022-03-30
Throughout the pandemic, the Equal Employment Opportunity Commission (EEOC) has focused on answering key employer questions and providing hands-on guidance about the evolving COVID-19 issues employers face. (Read More)...
(Read More)How to Push Back on Religious Accommodation Requests
2022-03-30
Employers can push back—gently—on religious accommodation requests and don't have to grant requests that would result in an undue hardship, which is much easier for employers to show for religious accommodation requests than disability accommodation requests. (Read More)...
(Read More)Form I-9 Alert: Policy Allowing Expired Documents Scheduled to End
2022-03-28
Beginning May 1, employers will no longer be able to accept expired identity documents when verifying an employee's work eligibility on Form I-9. (Read More)...
(Read More)Manufacturers Can E-Distribute Retirement Plan Documents to Deskless Workers
2022-03-28
Retirement plan disclosures required by the Employee Retirement Income Security Act (ERISA) may be delivered more widely by electronic media under the Department of Labor's (DOL's) 2020 electronic distribution regulation. (Read More)...
(Read More)Harassment Outside of Work? Employer Still Must Respond to Complaint
2022-03-25
One of my supervisors just reported to me that they received complaints about harassment from a coworker but did not report them to us because the conduct occurred after work hours and the employees did not want to file “formal” complaints. Is there anything more we have to do at this point? (Read More)...
(Read More)Employees Want Additional Opportunities for Career, Skills Development
2022-03-24
The Great Resignation of the past two years has HR departments striving for solutions to retain and recruit key workers. Some are finding that the way to solve this challenge is to start by improving the employee experience—specifically, their career and skills development. (Read More)...
(Read More)Is an Emoji Worth a Thousand Words? The Impact of Emojis in the Workplace
2022-03-24
Work does not always occur within the physical confines of a workplace. Indeed, due to the interconnectivity of today’s world, work often takes place in the digital space, where employees regularly use pictorial icons and images known as emojis and emoticons to express themselves. (Read More)...
(Read More)Making Sure Unlimited PTO Is Done Right
2022-03-24
In an era of high stress, burnout and turnover, it's important for employees to achieve the right balance between work demands and personal pursuits. They need, after all, to recharge once in a while. (Read More)...
(Read More)DOL Warns 401(k) Plans Against Allowing Crypto Investments
2022-03-22
The U.S. Department of Labor (DOL) is warning 401(k) plan fiduciaries to "exercise extreme care" before considering whether to include a cryptocurrency option in a plan investment menu. (Read More)...
(Read More)Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California
2022-03-21
Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v. Hamrick. (Read More)...
(Read More)Absence Due to Workers’ Comp Injury May Qualify for Family Leave
2022-03-18
I have an employee who was injured at work, and his doctor put him on leave for the next three months. The employee filed for workers’ compensation benefits, so I know his job is protected by the workers’ comp laws, but I want to know if his leave is also covered by the federal Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA)? (Read More)...
(Read More)California DFEH Releases 2021 Pay Data Report Findings
2022-03-16
On Equal Pay Day —roughly two and a half weeks before Pay Data Reports for 2021 are due to the California Department of Fair Employment and Housing (DFEH) — the agency released results from the 2021 Pay Data Reports (on 2020 data), showing that pay disparities among genders and certain racial/ethnic groups remain. (Read More)...
(Read More)What to Do When Employee Video Records Workplace Accident
2022-03-11
An employee used his mobile phone to film a co-worker lying in a pool of blood shortly after a workplace accident. This employee then posted the video on his personal social media account with no comments other than an exclamation point. What are my options? (Read More)...
(Read More)When Might an Employer Question FMLA Certification?
2022-03-11
Family and Medical Leave Act (FMLA) certification of a serious health condition must be complete and sufficient, but sometimes it's neither. Employers rarely take a hard line but instead ask employees to provide more information to finish out the certification. (Read More)...
(Read More)DOL Issues Guidance on Prohibited Retaliation Under FLSA and FMLA
2022-03-11
The U.S. Department of Labor (DOL) released guidance on March 10 that gave specific examples of what constitutes unlawful retaliation under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and visa programs. (Read More)...
(Read More)DOL Proposes Changing Definition of ‘Prevailing Wage’ Under Davis-Bacon Act
2022-03-11
The U.S. Department of Labor (DOL) proposed returning the definition of "prevailing wage" under the Davis-Bacon Act to one last used nearly 40 years ago, dismissing arguments made when the definition was changed during the Reagan administration that the old definition contributed to inflation. (Read More)...
(Read More)Updated California Supplemental Paid Sick Leave FAQs Answer Some Big Questions
2022-03-11
California’s Labor Commissioner has updated its FAQs concerning 2022 COVID-19 supplemental paid sick leave (CPSL), answering some of employers’ more pressing questions about how this year’s more unique law operates. The answers are welcome news to many. (Read More)...
(Read More)Yale's Settlement of Wellness Lawsuit Shows Risks of Health-Screening Incentives
2022-03-10
With new regulations on incentive-based wellness programs still in limbo, offering more than minimal incentives to participate in activities such as health screenings—or imposing more than minimal penalties for not participating—could be risky. (Read More)...
(Read More)Daylight Saving Time (DST) Starts Sunday, March 13
2022-03-09
It’s time, yet again, to spring forward. This Sunday, March 13, marks the start of Daylight Saving Time (DST) in 2022. Each year, DST comes with some pros and cons — and some things of which employers should be mindful. (Read More)...
(Read More)10 Classic Interview Questions and the Answers You Hope to Hear
2022-03-08
In the current hiring market, when a day's delay can mean the difference between attracting a great candidate and missing out, it can be tempting to extend offers to applicants just because they look good on paper. (Read More)...
(Read More)New Federal Law Prohibits Forced Arbitration of Sexual Harassment, Assault Claims
2022-03-07
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act), which amends the Federal Arbitration Act (FAA) to make pre-dispute arbitration agreements and class action waivers invalid and unenforceable for claims of sexual harassment or sexual assault. (Read More)...
(Read More)EEOC Updates Guidance on Religious Accommodations for COVID-19 Vaccines
2022-03-07
The Equal Employment Opportunity Commission (EEOC) recently answered more questions from employers on how to handle religious objections to COVID-19 vaccinations and requests for accommodation. (Read More)...
(Read More)Lower Base Period Wages Can Affect Expected Disability Benefits
2022-03-04
A fairly new employee is out on a medical leave and receiving state disability insurance, but the weekly benefit she’s getting is far less than the 60% I thought an employee was entitled to. Why is that? (Read More)...
(Read More)Remote Work Reminder: Keep Your Remote Work Policy Up to Date
2022-03-03
Prior to 2020, the number of employees working remotely or in a “hybrid” manner — a combination of in-office and remote work — was steadily on the rise. (Read More)...
(Read More)How to Manage Changing COVID-19 Workplace Safety Obligations
2022-03-01
Employers may be tempted to lift their pandemic-related safety requirements as federal and state authorities ease masking and other COVID-19 rules. But employers should note that they have ongoing obligations to protect the health and safety of their workers. (Read More)...
(Read More)Governor Lifts California Workplace Mask Requirement
2022-03-01
Starting today, masks will no longer be required for most unvaccinated workers indoors. (Read More)...
(Read More)Things to Consider When Deciding on Disability Leave Extension
2022-02-28
We have an employee who has been out on disability for almost a year, but we can’t let him go because he’s on disability. What are our options? (Read More)...
(Read More)Shields Up: 10 Proactive Steps Employers Can Take to Prevent Russian Cybersecurity Attacks
2022-02-24
Tensions have been heightening in the Russia-Ukraine crisis given the Russian military invasion that took place late last night – and while this conflict seems to be thousands of miles away, its effects on your business could ripple closer than you may think. (Read More)...
(Read More)Stay Interviews Can Be an Antidote to Exit Interviews
2022-02-23
Human resource departments are finding that stay interviews—conducted with current employees to gauge their job satisfaction—are the perfect antidote to exit interviews. (Read More)...
(Read More)A Status Report on Changing COBRA Rules
2022-02-23
The normal difficulties that employers have adhering to the technical requirements of COBRA have been exacerbated during the past two years as COBRA rules were changed to recognize the complications accompanying the COVID-19 pandemic. (Read More)...
(Read More)Tax-Time Reminder: Most Don't Know About the Saver's Credit
2022-02-23
Fewer than half of U.S. workers are aware of a tax credit that may help those with modest incomes save for retirement through their workplace plan. (Read More)...
(Read More)California Bill Would Require Proof of COVID-19 Vaccination in Employment
2022-02-18
On Feb. 10, AB 1993 was introduced in the California Legislature. This bill would amend certain COVID-19 vaccination requirements in employment settings and create a framework for California employers to be responsible for vaccination programs in their workplaces. (Read More)...
(Read More)Are You Covered by California’s Pay Data Reporting Law?
2022-02-17
Private businesses with 100 or more employees—and at least one employee in California—must file 2021 pay data with the Department of Fair Employment and Housing (DFEH) by April 1 this year. Here's what covered employers need to know. (Read More)...
(Read More)Some Mask Rules Lifted for Vaccinated People, Rules Still in Place for Unvaccinated Individuals
2022-02-16
California’s universal mask requirement for vaccinated individuals expired yesterday, but unvaccinated persons still are required to mask up in indoor public settings and businesses, according to the California Department of Public Health (CDPH). (Read More)...
(Read More)COVID-19 Supplemental Paid Sick Leave Workplace Posting Now Available
2022-02-16
As previously reported, Governor Gavin Newsom signed Senate Bill (SB) 114 into law on February 9, 2022, which has revived COVID-19 Supplemental Paid Sick Leave and will provide eligible employees with up to 80 hours of paid leave for COVID-19-related qualifying reasons. (Read More)...
(Read More)Remote Work Reminder: Comply With Wage and Hour Laws, Encourage Keeping a Schedule
2022-02-15
As remote work continues to be a way of life for many, it’s important to ensure accurate timekeeping for nonexempt employees and comply with wage and hour laws, such as meal and rest breaks and overtime. (Read More)...
(Read More)California’s Universal Indoor Face Covering Order Expires February 15
2022-02-11
The California Department of Public Health (CDPH) recently updated its face covering guidance and announced that it will not be extending its universal indoor face covering requirement set to expire on February 15, 2022. (Read More)...
(Read More)4 Takeaways for Businesses as California AG Targets Loyalty Rewards Programs
2022-02-09
The California Attorney General put loyalty rewards programs directly in his sights when he recently announced an “investigative sweep” of a number of businesses operating such programs in state. (Read More)...
(Read More)New DOL FAQs Address At-Home COVID-19 Test Coverage
2022-02-09
Anew series of frequently asked questions (FAQs) may bring clarity for employers with group health plans that must cover the cost of over-the-counter (OTC) COVID-19 test kits, and provides greater flexibility on the use of a safe harbor that permits capping reimbursements. (Read More)...
(Read More)An Early Release of 2023 Out-of-Pocket Limits for Non-HSA Plans
2022-02-09
The maximum 2023 limits on out-of-pocket costs that employer-sponsored group health plans can impose on enrollees for 2023 will be $9,100 for individual coverage and $18,200 for family coverage (up about 4.6 percent from the 2022 limits, $8,700 and $17,400, respectively). (Read More)...
(Read More)California Governor Signs 2022 Supplemental Paid Sick Leave Bill
2022-02-09
On February 9, 2022, California’s governor signed Senate Bill (SB) 114, which creates new Labor Code section 248.6. 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 signs: February 19, 2022. (Read More)...
(Read More)California on Verge of Bringing Back COVID-19 Supplemental Paid Sick Leave – What Employers Need to Know
2022-02-07
Responding to pressure from labor amidst the Omicron variant, California lawmakers and Governor Newsom are on the cusp of enacting new COVID-19 supplemental paid sick leave (SPSL) that could go into effect in a matter of days. (Read More)...
(Read More)California High Court Rules on Standard for Whistle-Blower Retaliation Claims
2022-02-07
Last year the California Supreme Court agreed to take up a question from the 9th U.S. Circuit Court of Appeal regarding the evidentiary standard for whistle-blower retaliation claims brought under California Labor Code Section 1102.5. (Read More)...
(Read More)Child Care Issues Can Prompt Move to Create Alternative Schedule
2022-02-04
My hourly employee asked for a flexible schedule where she would work four 10-hour days instead of five eight-hour days due to child care issues. Do we have to pay any overtime if we agree with the employee’s request? (Read More)...
(Read More)CCPA/CPRA: California Businesses Must Complete Required Privacy Training
2022-02-02
California’s dedication to privacy protection began when the Legislature passed the California Consumer Privacy Act (CCPA) in 2018, and that dedication was further solidified when voters passed the California Privacy Rights Act (CPRA) in 2020. ( Read More)...
(Read More)Take Care When Onboarding Remote Employees
2022-02-02
The onboarding process is HR's opportunity to create an experience that energizes new employees. Individuals who feel welcomed, prepared and appreciated in their first week are more likely to stay and be committed to the organization. (Read More)...
(Read More)Companies Patiently and Cautiously Establish Return-to-Office Policies
2022-02-01
As the coronavirus slowly becomes endemic around the country, HR teams are weighing caution, health, safety, flexibility and their employees' comfort levels in their plans to return to the workplace. (Read More)...
(Read More)Reminder: Covered Employers Must Post OSHA Injury and Illness Data
2022-02-01
Employers that are covered by the Occupational Safety and Health Administration's (OSHA's) record-keeping rule must post a summary of 2021 work-related injuries and illnesses in a noticeable place from Feb. 1 to April 30. Here are some last-minute compliance tips for employers to review. (Read More)...
(Read More)California Supreme Court Lowers the Bar for Plaintiffs in Whistleblower Act Claims
2022-02-01
The California Supreme Court just made things a bit more difficult for employers by lowering the bar and making it easier for disgruntled employees and ex-employees to bring state whistleblower claims against businesses. (Read More)...
(Read More)H-1B Cap Season is Fast Approaching
2022-01-31
It’s that time of the year again: the H-1B cap season is around the corner! On January 28, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that the registration period for Fiscal Year 2023 will open at noon on March 1, 2022 and will close at noon on March 18, 2022, both Eastern Time. During this 18-day period, employers, directly or through their representatives, can submit registrations for prospective employees, using the USCIS online H-1B registration system. (Read More)...
(Read More)Employers Weigh Whether to Rescind Vaccination Policies
2022-01-28
Now that the vaccine-or-testing emergency temporary standard (ETS) from the Occupational Safety and Health Administration (OSHA) has been withdrawn, employers that have instituted mandatory vaccination or vaccine-or-testing policies are deciding whether to stay the course or backtrack. (Read More)...
(Read More)SCOTUS Vaccine Aftermath: What Should Employers Do Now?
2022-01-26
The Supreme Court blocked OSHA from enforcing the vaccine mandate-or-test ETS and the agency responded yesterday by shelving the emergency rule altogether. (Read More)...
(Read More)Top Employee Handbook Updates for 2022
2022-01-25
Workplace laws are evolving quickly, particularly when it comes to COVID-19-related safety rules and state-level paid-leave requirements. (Read More)...
(Read More)California Privacy Rights Act for Employers: The New “Notice at Collection” California Employers Must Distribute to the Workforce
2022-01-25
On January 1, 2023, the California Privacy Rights Act (CPRA) will go into effect and California employers will be required to develop a compliance model to address the range of new privacy rights granted to their workforce members under the law. (Read More)...
(Read More)Workers Across Generations Dissatisfied with Employer Training
2022-01-24
Professional development is important for job seekers and employees, according to a new survey, but a vast majority of them say employers are not meeting their training expectations. That dissatisfaction is shared across generations. (Read More)...
(Read More)NLRB to Revisit Independent Contractor Test for Third Time in Seven Years
2022-01-24
The National Labor Relations Board (NLRB) is inviting public input as to whether it should reconsider its standard for determining the independent contractor status of workers. (Read More)...
(Read More)New Audit Responsibilities for Plan Sponsors Take Effect
2022-01-21
Under a new auditing standard, benefit plan sponsors have added responsibilities when preparing for plan audits and face greater liability risks if they fail to meet these new requirements. (Read More)...
(Read More)What California Employers Need to Know About the Silenced No More Act
2022-01-21
California's SB 331, which is known as the Silenced No More Act, took effect on Jan. 1 and expands restrictions on the use of confidentiality provisions in certain employment-related settlement agreements. (Read More)...
(Read More)Vaccine Requirement for Federal Workers Blocked
2022-01-21
Another Biden administration requirement that employees get vaccinated against COVID-19—this time for federal workers—was blocked by a federal district court in Texas on Jan. 21. (Read More)...
(Read More)Issues Arise as Health Plans Begin Covering At-Home COVID-19 Tests
2022-01-19
As the Biden administration's requirement that health plans and insurers cover the cost of at-home COVID-19 tests, within certain limits, took effect on Jan. 15, initial stumbling blocks were evident. (Read More)...
(Read More)Cal/OSHA Confirms 5-Day Quarantine Period Overrides Exclusion Periods
2022-01-19
On Jan. 6, California's Division of Occupational Safety and Health (Cal/OSHA) updated its answers on the California Department of Public Health (CDPH) isolation recommendation found in its guidance, "COVID-19 Emergency Temporary Standards Frequently Asked Questions." (Read More)...
(Read More)Covered Health Care Facilities Must Prepare for COVID-19 Vaccination Deadlines
2022-01-18
Employers that are covered by the federal government's COVID-19 vaccination directive for health care workers must take swift action to comply with looming deadlines. (Read More)...
(Read More)New CDPH Guidance Rewrites Quarantine and Isolation Periods for California’s Workplaces
2022-01-18
When the Centers for Disease Control (CDC) revised their quarantine and isolation guidance on December 27th (here), it kicked off a wave of revisions nationwide that is now hitting California’s workplaces. (Read More)...
(Read More)Here’s what’s changed as California’s new COVID workplace rules go into effect
2022-01-14
Today, as COVID-19 case rates in California have jumped to their highest levels yet — more than six times the peak of the delta variant wave — updated workplace rules are kicking in to better help protect workers vaccinated against COVID-19. (Read More)...
(Read More)What Do the Supreme Court Rulings on Vaccine Directives Mean for Employers?
2022-01-13
Now that the U.S. Supreme Court has blocked the Occupational Safety and Health Administration's (OSHA's) vaccine-or-testing rule for large employers, businesses may want to review their COVID-19-related workplace policies. (Read More)...
(Read More)DOL Spells Out Requirements to Pay for COVID-19 Test Kits, Beginning Jan. 15
2022-01-11
The U.S. Department of Labor (DOL) issued guidance to implement President Joe Biden's order that, starting Jan. 15, health plans must cover or reimburse costs for over-the-counter (OTC) at-home rapid COVID-19 tests without requiring health plan participants to pay any of the amount. (Read More)...
(Read More)Out-of-State Remote Workers Are Increasing Legal Risks for Employers
2022-01-11
As remote work continues for many employers, HR professionals should ensure they are staying current on where remote employees are working. Out-of-state telecommuting may bring unexpected legal liability. (Read More)...
(Read More)Make Sure Holiday Pay Policies Spell Out Details of Company’s Intent
2022-01-07
My company has a holiday policy that simply lists the holidays that the company observes, but it doesn’t state how much people get paid for the holiday, or who is eligible for the holiday pay. (Read More)...
(Read More)Double Trouble: DOL’s Wage and Hour Division and NLRB Agree to Coordinate Information Sharing, Investigations, and Enforcement Activities
2022-01-07
In a January 6 press release, the National Labor Relations Board (NLRB) and the Department of Labor, Wage and Hour Division’s (DOL/WHD) announced that they have entered into a Memorandum of Understanding to enhance their information sharing, investigations, enforcement, training, and outreach. (Read More)...
(Read More)IRS Raises Health Plans' PCORI Fees Payable in 2022
2022-01-06
The IRS is raising the fee that insurers or sponsors of self-insured health plans pay annually to fund the federal Patient-Centered Outcomes Research Institute (PCORI) trust fund. For 2022, the fee is due Aug. 1, as July 31 falls on a Sunday this year. (Read More)...
(Read More)U.S. Supreme Court to Hear Oral Argument on OSHA ETS, Medicare/Medicaid Vaccination Mandates on Friday, January 7, 2022
2022-01-05
On Friday, January 7, 2022, the U.S. Supreme Court will hear oral argument regarding two of the Biden administration’s most contentious COVID-19 workplace health and safety policies: (Read More)...
(Read More)How to Write a Powerful and Memorable HR Resume
2022-01-04
No matter how many thousands of resumes you've reviewed throughout your HR career, you are likely to still find it difficult to write your own. Like anyone else, you need to step back and look at your career objectively. (Read More)...
(Read More)How to Ask Employees About Vaccination Status
2022-01-04
Employers that want to ask employees about their vaccination status should make questionnaire or survey inquiries in a targeted way so employees don't disclose disability-related information. (Read More)...
(Read More)California Supreme Court Cases Employers Should Be Watching
2022-01-04
The California Supreme Court was busy in 2021 deciding cases that affect employers from how to pay meal and rest period penalties to when the statute of limitations for a failure to promote runs. (Read More)...
(Read More)California Adopts Reduced CDC Quarantine and Isolation Periods – With a Catch
2022-01-03
On the heels of the CDC’s updated isolation and quarantine guidance reducing the length of time an individual must isolate after contracting COVID-19 and the quarantine period for those exposed to the illness, California has largely aligned these new timeframes – but with a catch. (Read More)...
(Read More)An Overlooked Giant: Top 10 Things California Employers Need to Know While Responding to Federal Labor Department Wage Audits
2022-01-03
Although California businesses may be preoccupied dealing with attorneys invoking the Private Attorneys General Act, a federal government investigator may come knocking at your door when you least expect it asking to conduct an audit of your wage and hour practices. (Read More)...
(Read More)5-Step Plan for Employers as CDC Reduces COVID-19 Isolation and Quarantine Periods
2021-12-29
In response to the ongoing Omicron wave of COVID-19 cases, the Centers for Disease Control and Prevention just updated its guidance to reduce, in most instances, both the length of time an individual must isolate after contracting COVID-19, and the quarantine period for those exposed to the illness. (Read More)...
(Read More)Supreme Court Will Hear Challenges to Federal COVID-19 Vaccine Directives
2021-12-23
Lawsuits aiming to block the Biden administration's vaccination directives for certain private employers and health care workers will be reviewed by the U.S. Supreme Court in early January. (Read More)...
(Read More)“Close the Door!”: U.S. Supreme Court Finally Agrees to Reconsider the Rule Against California PAGA Waivers in Arbitration Agreements
2021-12-21
After repeatedly denying requests to decide the same issue, the U.S. Supreme Court has finally agreed to review the rule prohibiting California Private Attorneys General Act (PAGA) waivers in individual arbitration agreements. (Read More)...
(Read More)OSHA Directive Requires a Written COVID-19 Vaccination Policy
2021-12-21
Now that a federal appeals court has revived the Occupational Safety and Health Administration's (OSHA's) emergency temporary standard (ETS), covered employers will need to prepare a written COVID-19 vaccination-or-testing policy by Jan. 10. (Read More)...
(Read More)IRS Raises Standard Mileage Rate for 2022
2021-12-21
Effective Jan. 1, 2022, the optional standard mileage rate used in deducting the costs of operating an automobile for business purposes will be 58.5 cents per mile, the IRS announced in Notice 2022-03 on Dec. 17. (Read More)...
(Read More)OSHA’s Vaccine-or-Testing Rule Is Back, Unless Supreme Court Says Otherwise
2021-12-20
Businesses with at least 100 employees will soon need to determine the COVID-19 vaccination status of their employees and develop a written vaccine-or-testing policy under a revived Occupational Safety and Health Administration (OSHA) rule. (Read More)...
(Read More)EMPLOYMENT LAW Time to Review COVID-19 Vaccination-or-Testing ETS Compliance Steps
2021-12-20
Now that the emergency temporary standard (ETS) has been revived by a 6th U.S. Circuit Court of Appeals panel, employers should refamiliarize themselves with the standard's requirements. Here are some of the main provisions employers should once again prepare to fulfill, barring Supreme Court action blocking the directive. (Read More)...
(Read More)Workers’ Compensation Liability for COVID-19 Vaccine Side Effects May Be Limited
2021-12-17
Employers may be liable for workers' compensation for employees who experience side effects from mandated COVID-19 vaccines, but that liability may be limited and shouldn't impede company policies requiring vaccination, legal experts say. (Read More)...
(Read More)EEOC Clarifies When COVID-19 May Be an ADA-Covered Disability
2021-12-16
An employee's or job applicant's COVID-19-related impairment may qualify as a disability under the Americans with Disabilities Act (ADA) even if the worker's initial COVID-19 illness was not covered, according to updated guidance from the U.S. Equal Employment Opportunity Commission (EEOC). (Read More)...
(Read More)California Department of Public Health Issues Guidance for Face Coverings in the Workplace
2021-12-15
Effective today, the California Department of Public Health (“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). See the text of the brief order, Guidance for the Use of Face Coverings. (Read More)...
(Read More)Employer Health Plans Soon Must Pay for At-Home COVID-19 Tests
2021-12-15
President Joe Biden's nine-point action plan for COVID-19, released on Dec. 2, directs federal agencies to issue regulations requiring group health plans and insurers to cover or reimburse costs for over-the-counter (OTC) at-home rapid COVID-19 tests without requiring health plan participants to pay any of the amount. (Read More)...
(Read More)Recruiting Retirees: Opportunities, Barriers and Best Practices
2021-12-14
We are now in one of the tightest labor markets in memory, and all industries are feeling the pressure. Companies are getting increasingly desperate, but desperation can spark new ways of thinking about how to fill vacancies. Often overlooked are retirees, who represent a largely untapped source of promising talent to help stem the impacts of the Great Resignation. (Read More)...
(Read More)Employers Suspend COVID-19 Vaccine Requirements
2021-12-13
Some federal contractors and hospitals have suspended requirements that employees get vaccinated against COVID-19 following court rulings blocking various government vaccination directives. Nonetheless, the U.S. Supreme Court yesterday declined to block a New York statute requiring health care workers to be vaccinated. (Read More)...
(Read More)HR Tips for Work Holiday Parties
2021-12-13
It has been another challenging year due to the COVID-19 pandemic and since many employers in California couldn’t host a party last year, many employers are looking forward to celebrating this holiday season by throwing an in-person company holiday party. (Read More)...
(Read More)Counting to 100: How to Determine Whether OSHA’s COVID-19 ETS Applies to You
2021-12-10
While litigants hash out whether the Occupational Safety and Health Administration's (OSHA's) emergency temporary standard (ETS) to fight COVID-19 is lawful, employers near the 100-employee threshold of coverage by the ETS have questions about whether they will need to comply if the ETS gets a judicial green light. (Read More)...
(Read More)IRS Addresses Retroactive Termination of the Employee Retention Credit
2021-12-09
The employee retention credit (ERC), also referred to as the employee retention tax credit (ERTC), was created in March 2020 to encourage eligible businesses to keep employees on payroll. It had been set to expire on Jan. 1, 2022, but the Infrastructure Investment and Jobs Act signed into law in November accelerated the end of the credit retroactive to Oct. 1, 2021—except for wages paid by a recovery startup business (RSB), for which the expiration date stayed unchanged. (Read More)...
(Read More)Minimum Wage Increases Coming January 1
2021-12-09
As employers gear up for the new laws that take effect January 1, 2022, they can’t forget about the ever-increased minimum wage rates that occur every January 1. (Read More)...
(Read More)Federal Contractor Vaccine Mandate Now Blocked Nationwide: A Playbook for Federal Contractors and Subcontractors
2021-12-08
“The Court ORDERS that Defendants are ENJOINED, during the pendency of this action or until further order of this Court, from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory of the United States of America.” (Read More)...
(Read More)What Should Employers Do When a Worker Tests Positive for COVID-19?
2021-12-08
Even if employers intend to follow the Occupational Safety and Health Administration's (OSHA's) currently-blocked emergency temporary standard (ETS), they should consider going beyond its requirements when an employee tests positive for COVID-19, legal experts say. (Read More)...
(Read More)Vaccine Directive for Federal Contractors Blocked Nationwide
2021-12-07
Another Biden administration vaccine directive has been blocked nationwide. This time, it's the requirement that federal contractors and subcontractors require their employees to be vaccinated against COVID-19. We've gathered articles on the news from SHRM Online and other media outlets. (Read More)...
(Read More)Vaccine Mandates May Clash with Civil Rights Laws
2021-12-03
This week, Los Angeles began enforcing its ordinance requiring certain businesses to request proof of vaccination from customers. San Francisco implemented a similar ordinance in August. (Read More)...
(Read More)Follow Existing COVID-19 Safety Rules as Experts Evaluate Omicron Variant
2021-12-02
As employers await news about the omicron and other potential COVID-19 variants, they may want to review their coronavirus-related policies and remind employees of the continued importance of following workplace safety practices. (Read More)...
(Read More)IRS Extends Deadline for Distributing ACA Forms to Employees
2021-12-01
The IRS, after cautioning last year not to expect future extensions to the Jan. 31 deadline for furnishing Affordable Care Act (ACA) reporting forms to employees, has changed its mind. (Read More)...
(Read More)Unvaccinated Workers, Federal Mandates: What's an Employer to Do?
2021-11-30
More than one-quarter of workers responding to a recent survey would consider lying about their unvaccinated status—or fabricate documents about their status—to keep their jobs, fly on a plane, and frequent gyms and restaurants, according to new research. (Read More)...
(Read More)Biden Administration’s Vaccine Policy for Health Care Workers Blocked Nationwide
2021-11-30
On Nov. 30, a federal district court in Louisiana ruled that the directive for health care workers is temporarily blocked nationwide, following a decision on Nov. 29 from a federal district court in Missouri that blocked the Biden administration's vaccine directive for health care workers in 10 states. (Read More)...
(Read More)How Will the COVID-19 Omicron Variant Impact the Workplace?
2021-11-29
Employers may be rethinking their plans for in-person holiday parties and other workplace activities as news develops about the omicron coronavirus variant—which still presents many unanswered questions for public health experts. (Read More)...
(Read More)Blended Workforces Are Here to Stay, Survey Says
2021-11-29
We already know that 76 percent of employees want permanently flexible work, and now it looks like things are going to stay that way. (Read More)...
(Read More)How Can Employers Recognize Fake Vaccine Cards?
2021-11-23
Now that many employers are requiring their employees to be vaccinated in order to return to the workplace, employers are facing a surprising amount of vaccine card fraud. (Read More)...
(Read More)Allowing Use of Sick Time for Vacation Could Prove Costly for Employer
2021-11-19
My employee wants to take a few days off to take a trip with her family, but she is out of vacation time. Can I let her use her sick leave instead? (Read More)...
(Read More)Quick Preview of New and 2022 California Employment Laws
2021-11-19
Following is a quick look at some of the new employment laws about which employers should be aware. Unless otherwise stated, the new laws take effect starting January 1, 2022. (Read More)...
(Read More)New EEOC Guidance Focuses on Curbing COVID-19-Related Retaliation
2021-11-18
The U.S. Equal Employment Opportunity Commission (EEOC) recently released more information for employers about preventing COVID-19-related workplace retaliation while also providing a healthy and safe work environment. (Read More)...
(Read More)OSHA Pauses Vaccine Standard Activities Pending Litigation, Creating Uncertainty in California
2021-11-18
As previously reported, on November 5, 2021, the federal Occupational Safety and Health Administration (OSHA) published an emergency temporary standard in the Federal Register which required employers with 100 or more employees nationwide to implement a written workplace COVID-19 vaccination policy that complied with the rules set forth in the standard. (Read More)...
(Read More)After Repeal of Employee Retention Credits, Next Steps for Employers
2021-11-17
President Joe Biden's signing of the Infrastructure Investment and Jobs Act (IIJA) on Nov. 15, 2021, retroactively eliminates an employer's ability to claim employee retention credits (ERC) for eligible wages paid after Sept. 30, 2021. (Read More)...
(Read More)December Deadline for Emergency Temporary Standard Looms
2021-11-16
The first major deadline of the emergency temporary standard (ETS)—which is Dec. 6, according to the Occupational Safety and Health Administration (OSHA)—requires employers to prepare their COVID-19 vaccination policies and begin having unvaccinated employees wear masks. (Read More)...
(Read More)Should Employers Keep Preparing for the COVID-19 ETS?
2021-11-15
With another ruling against the Biden administration's COVID-19 vaccine-or-testing directive on Nov. 12 and the Occupational Safety and Health Administration (OSHA)'s suspending implementation of the emergency temporary standard (ETS) to fight COVID-19 in the workplace, employers are wondering whether they should keep preparing to comply with the directive. (Read More)...
(Read More)With Virtual Interviews Here to Stay, Best Practices Are Needed
2021-11-15
The use of videoconferencing technology for virtual job interviews exploded during the COVID-19 pandemic, and surveys show that the practice has become a part of the hiring process for good. (Read More)...
(Read More)No Deadline Extensions for ACA Reporting in 2022
2021-11-15
Employers should ensure that they and their service providers are prepared to furnish health care reporting forms to employees and file these forms with the IRS as required under the Affordable Care Act (ACA), as the IRS said 2022 deadlines will not be extended. (Read More)...
(Read More)2022 Health FSA Contribution Cap Rises to $2,850
2021-11-11
Employees can put an extra $100 into their health care flexible spending accounts (health FSAs) next year, the IRS announced on Nov. 10, as the annual contribution limit rises to $2,850, up from $2,750. (Read More)...
(Read More)When Does a COVID-19 Vaccine Accommodation Cause an Undue Hardship?
2021-11-09
Employers that require workers to show proof of vaccination against the coronavirus should have robust policies and procedures in place to handle medical and religious objections. They should also know how to identify when an accommodation would cause an undue hardship on the business. (Read More)...
(Read More)What Does Federal OSHA’s COVID-19 ETS Mean for California?
2021-11-09
On Nov. 4, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) to minimize the risk of COVID-19 transmission in the workplace. (Read More)...
(Read More)What Health Care Employers Should Know About the CMS Vaccine Mandate
2021-11-09
The Centers for Medicare & Medicaid Services (CMS) has issued an Interim Final Rule (IFR) establishing the COVID-19 vaccination requirements for staff employed at Medicare- and Medicaid-certified providers and suppliers. (Read More)...
(Read More)House Passes Infrastructure Bill with Workplace Provisions
2021-11-08
The infrastructure bill approved by the House late on Nov. 5 contains several important provisions of which employers should be aware. (Read More)...
(Read More)Federal Appeals Court Blocks OSHA’s Mandate-or-Test Emergency Vaccine Rule: What Does This Mean for Employers?
2021-11-07
Citing potential “grave statutory and constitutional issues” with the mandate-or-test emergency vaccine rule unveiled by OSHA on Thursday, a federal appeals court just issued an order blocking the ETS from taking effect on a nationwide basis. (Read More)...
(Read More)OSHA Issues COVID-19 Workplace Vaccine-or-Testing Policy
2021-11-06
On Nov. 6, the 5th U.S. Circuit Court of Appeals in New Orleans issued a stay temporarily blocking President Biden’s new COVID-19 vaccination-or-testing policy for businesses with at least 100 employees companywide. (Read More)...
(Read More)Classifying Long-Term Worker as ‘Temporary’ May Cause Problems
2021-11-05
I hired a temporary worker a few months ago. I saw that under work classifications, a temp’s time can be extended for one additional nine-day period. Do I have to lay them off after that period? (Read More)...
(Read More)OSHA Issues COVID-19 Workplace Vaccine-or-Testing Mandate
2021-11-04
The Occupational Safety and Health Administration (OSHA) released its highly anticipated emergency temporary standard requiring businesses with at least 100 employees to mandate that their employees get vaccinated against the coronavirus or wear a mask and test for COVID-19 on at least a weekly basis. (Read More)...
(Read More)For 2022, 401(k) Contribution Limit Rises to $20,500
2021-11-04
Employee 401(k) contributions for 2022 will top off at $20,500—a $1,000 increase from the $19,500 cap for 2021 and 2020—the IRS announced on Nov. 4. Plan participants age 50 or older next year can contribute an additional $6,500. (Read More)...
(Read More)Weighing the Pros and Cons of In-Person Holiday Parties
2021-11-04
The holiday season is fast approaching, which means many HR departments have started planning their companies' annual office parties, as well as other ways to help employees celebrate the season. (Read More)...
(Read More)Remote Workers Are Exempt from OSHA Requirement to Be Vaccinated or Test for COVID-19
2021-11-04
The Occupational Safety and Health Administration (OSHA) emergency temporary standard (ETS) requiring vaccination against COVID-19 or at least weekly testing applies to employers with at least 100 employees but exempts remote workers. (Read More)...
(Read More)DOL Delays Enforcement of Investment Advice Rule Until 2022
2021-11-03
New regulations on investment advice provided to participants in 401(k) or similar retirement plans, which were set to take effect on Dec. 22, 2021, won't take effect for several additional months, the U.S. Department of Labor (DOL) announced on Oct. 25. (Read More)...
(Read More)4 Wage and Hour Problems as Daylight Saving Time Ends
2021-11-03
On Sunday, Nov. 7, 2021, at 2 a.m., daylight saving time will end. This World War I–era practice of turning back the clock one hour in the fall became a federal law in the United States when President Lyndon Johnson signed the Uniform Time Act in 1966. The jury is still out on whether "falling back" is beneficial. (Read More)...
(Read More)IRS Says Employers Can Rehire Workers Drawing Retirement Benefit
2021-11-02
As employers across the country are facing critical labor shortages, the Internal Revenue Service (IRS) has stepped in, attempting to help by removing barriers that may have previously stopped employers from rehiring retirees and dissuaded many workers from continuing to work after reaching retirement age. (Read More)...
(Read More)Phony Job Ads and How to Spot Them
2021-11-02
Job ad scams are on the rise. According to the FBI, more than 16,000 Americans reported employment scams in 2020. Some are easy to spot. Others are quite sophisticated. (Read More)...
(Read More)EPLI Often Excludes Wage and Hour Claims
2021-11-01
Historically, employment practices liability insurance (EPLI) hasn't covered Fair Labor Standards Act (FLSA) and similar state law claims, so employers shouldn't mistakenly assume they'll be reimbursed by EPLI for their wage and hour claims. (Read More)...
(Read More)Get Ready — New Labor Laws Are Coming
2021-10-29
In Episode 135 of The Workplace podcast, CalChamber employment law expert Matthew Roberts and CalChamber policy advocate Ashley Hoffman discuss five new labor laws that employers will see in 2022: AB 1033, SB 62, AB 1003, AB 701 and SB 606. (Read More)...
(Read More)DOL’s New “Dual Jobs” Rule for Tipped Workers
2021-10-29
For decades, the U.S. Department of Labor (DOL) has grappled with compensation rules for tipped workers when they perform tasks that are incidental to their regular work, such as maintenance as well as preparatory and closing duties that don’t usually result in tips for tipped workers. (Read More)...
(Read More)7 Employer Takeaways from EEOC’s Latest Vaccine Guidance on Religious Accommodations
2021-10-26
The U.S. Equal Employment Opportunity Commission (EEOC) just updated its online COVID-19 technical guidance to further explain its position regarding religious objections to employer COVID-19 vaccination requirements, specifically relating to Title VII of the Civil Rights Act of 1964. (Read More)...
(Read More)2022 Computer Software Employee, Licensed Physician/Surgeon Exemption Rates
2021-10-20
As 2022 gets closer, the California Department of Industrial Relations (DIR) has released the 2022 rate changes for the computer software employees exemption and the licensed physicians and surgeons exemption. These new rates take effect on January 1, 2022. (Read More)...
(Read More)California Expands Vaccine Mandate for Health Care Workers
2021-10-19
In early August, California's Department of Public Health (CDPH) issued a mandate for health care workers to be vaccinated by Sept. 30. Local government agencies within California, like the County of Los Angeles Department of Public Health, passed similar orders that expanded the CDPH mandate to, for example, nonmedical in-home healthcare workers. (Read More)...
(Read More)The Biggest Future Employment Crisis: A Lack of Workers
2021-10-19
The pool of available workers may be the most pressing concern about the future of the U.S. labor market, experts agree, based on newly released federal government data. (Read More)...
(Read More)Empathic Leaders Help Thwart Burnout, Drive Engagement and Innovation
2021-10-19
Following more than a year in which work and personal lines were severely blurred, causing employee burnout and leading to the “Great Resignation,” new research from global nonprofit Catalyst indicates that empathy — understanding and sharing the feelings of another — “is a business imperative for companies and leaders in the future of work,” according to a press release. (Read More)...
(Read More)Is Asking an Employee if They’re Vaccinated a HIPAA Violation? What Employers Need to Know
2021-10-19
“Are you fully vaccinated?” This seems to have become a million-dollar question that employers want to pose to their workers, but confusion abounds regarding the legal contours of this deceptively dangerous question. (Read More)...
(Read More)Should Employers Add Booster Shots to Their COVID-19 Vaccine Policies?
2021-10-18
Many employers are updating their COVID-19 vaccination policies as they grapple with federal and state mandates. And as the Food and Drug Administration (FDA) approves booster shots, employers may be wondering if they should require workers to get an extra jab to be considered "fully vaccinated." (Read More)...
(Read More)Two New California Laws Make Significant Changes to Employer Safety and Health Obligations
2021-10-18
Among the many new California bills signed into law this session are two that amend the state’s workplace safety laws. Senate Bill (SB) 606 creates new classes of health and safety violations and dramatically increases liability for non-compliant written workplace safety and health programs. (Read More)...
(Read More)Answers to Common Questions about Completing Form I-9
2021-10-15
As employers are again hiring, a number of questions have arisen concerning the Form I-9 (Employment Eligibility Verification Form). The following questions and answers may help to address questions you may have. (Read More)...
(Read More)2022 Wage Cap Jumps to $147,000 for Social Security Payroll Taxes
2021-10-13
Starting Jan. 1, 2022, the maximum earnings subject to the Social Security payroll tax will increase by $4,200 to $147,000—up from the $142,800 maximum for 2021, the Social Security Administration (SSA) announced Oct. 13. The SSA also posted a fact sheet summarizing the 2022 changes. (Read More)...
(Read More)Does Your COVID-19 Employee Health-Screening Policy Need an Update?
2021-10-13
Employers that conduct daily temperature checks and other COVID-19 health screenings may want to review and revise their policies as rules and recommendations change, particularly in locations with high COVID-19 transmission rates. (Read More)...
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