Entries by ManagEase

New Guidance From OSHA on Post-Incident Drug Testing and Safety Incentive Programs

APPLIES TO All Employers EFFECTIVE October 11, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 On October 11, 2018, OSHA issued a memorandum of interpretation clarifying its position on workplace safety incentive programs and post-incident drug testing. Originally, OSHA issued a Final Rule on May 11, 2016 that sought to increase anti-retaliation protections by requiring employers […]

Eleventh Circuit: HR Employee Assisting Another Employee to File a Claim is Protected Activity Under Title VII

APPLIES TO All Employers with AL, FL, and GA Employees EFFECTIVE September 24, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 In Gogel v. Kia Motors Mfg. of Georgia, Inc. the U.S. Court of Appeal for the Eleventh Circuit recently stated that a human resources employee’s actions in assisting another employee to file discrimination charges “in […]

California: “Other Persons” Can Be Personally Liable for Civil Penalties for Wage & Hour Violations

APPLIES TO All Employers with CA Employees EFFECTIVE September 28, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 In Atempa v. Pedrazzani, a California Court of Appeal stated that individual owners and officers of a Company can be held personally liable for wage and hour violations. Specifically, Labor Code Section 558 and 1197.1 state both the […]

Colorado: Court of Appeal Broadens Arbitration Agreements and Expands Duty-of-Loyalty Claims

APPLIES TO All Employers with CO Employees EFFECTIVE September 20, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 In Digital Landscape Inc. v. Media Kings LLC, the Colorado Court of Appeal reviewed the scope of an arbitration agreement’s reach. Specifically, the agreement stated all claims “arising under” the contract at issue would be arbitrated. The court […]

Massachusetts: Court Provides Guidance on Choice of Law and Forum Selection Clauses in Restrictive Covenants

APPLIES TO All Employers with non-MA Employees EFFECTIVE September 7, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 In Oxford Global Resources, LLC v. Hernandez, the Massachusetts Supreme Judicial Court reviewed an employee’s confidentiality, non-solicitation, and non-compete agreement providing for the application of Massachusetts law, which is where the employer was headquartered, as well as a […]

Westchester County, NY Enacts New Sick Leave Law

APPLIES TO All Employers with Employees in Westchester County EFFECTIVE April 10, 2019 QUESTIONS? Contact HR On-Call (888) 378-2456 On October 12, 2018, Westchester County adopted the Earned Sick Leave Law (ESLL) requiring private employers with 5 or more employees (or one or more domestic workers) to provide paid sick leave, and employers with 4 […]