Tennessee: Employers Must Implement an Anti-Bullying Policy IMMEDIATELY

APPLIES TO

All Employers with TN Employees

EFFECTIVE

April 23, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

HB 856 amended the Healthy Workplace Act to allow private employers to shield themselves from abusive conduct claims. Specifically, if an employer adopts the model Abusive Conduct Prevention Policy, then the employer is immune from suit for any employee’s abusive conduct that results in negligent or intentional infliction of mental anguish. Employers should note that this immunity does not change the personal liability of an employee for any abusive conduct in the workplace.

Employers should immediately implement the model policy or equivalent to avoid potential exposure. However, note that this immunity only applies to abusive conduct claims made under Tennessee law; it does not shield employers from claims made pursuant to federal law.

Action Items

  1. Review the text of the bill here.
  2. Have employee handbooks and anti-bullying policies updated immediately.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

Dallas, TX: All Employers Are Required to Implement Paid Sick Leave

APPLIES TO

All Employers with Dallas, TX Employees

EFFECTIVE

August 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Beginning August 1, 2019, Dallas employers with six or more employees will be required to provide paid sick leave (PSL) to employees; employers’ with five or less employees will be required to comply with the new rules beginning August 1, 2021.

  • Who is Eligible? Employees who perform at least 80 hours of work within the City of Dallas in a year, including work performed through a temporary or employment agency. Independent contractors are not eligible.
  • How is PSL earned? Employees must receive one hour of PSL for every 30 hours worked, accruing in one hour unit increments (unless an employer’s written policy states that accrual is in increments of a fraction of an hour). PSL begins accruing at the commencement of employment.
  • How much PSL must be provided? Employers with more than 15 employees at any time in the preceding 12 months must provide employees with at least 64 hours of PSL per year, and employers with 15 or less employees must provide employees with at least 48 hours of PSL per year.
  • How can PSL be used? Employers may restrict employees from using PSL during the employee’s first 60 days of employment if the employer establishes that the term of the employment is at least one year. PSL can be used for the employee’s health care, for a family member’s health care, or in connection with the employee or family member being a victim domestic abuse, sexual assault, or stalking.
  • What documentation can be requested? An employer can adopt reasonable verification procedures for the reason for taking PSL for absences of more than three consecutive work days. However, employers may not require an employee to explain the nature of the reason for taking PSL.
  • Must PSL be carried over? Accrued, unused PSL must carry over to the following year, except where the total PSL is frontloaded at the beginning of each year.
  • What are the notice and documentation requirements? Employees must make a “timely request” for PSL before their scheduled work time, unless PSL is needed for an unforeseen qualified absence. Employers must provide a statement of employees’ available PSL at least monthly. If the employer maintains an employee handbook, a notice of employee’s rights and remedies must be included. Employers are required to post PSL requirements in a conspicuous place where notices to employees are customarily posted.
  • Must PSL be reinstated on rehire? Employees rehired within six months of termination must have their earned PSL available at the time of termination reinstated upon rehire.

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May Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:
  1. California: Registered Fictitious Business Names May Be Listed on Pay Stubs
  2. Indiana: Leaving Work to Voluntarily Testify is Not Protected
  3. Kentucky: Attorneys Must Represent Employers at Unemployment Proceedings
  4. New York, NY: Bans Pre-Employment Marijuana Testing in 2020
  5. New York, NY: Prohibits Discrimination Based on Employee Sexual and Reproductive Health Decisions
  6. Westchester County, NY: Updated Guidance Issued on Paid Sick Leave

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