Entries by ManagEase

California: DFEH Affirms “100% Healed” Policies Violate Employer’s Duty to Accommodate

APPLIES TO All Employers with CA Employees EFFECTIVE February 14, 2017 QUESTIONS? Contact HR On-Call (888) 378-2456 California’s Department of Fair Employment and Housing (“DFEH”) recently obtained a $290,000 settlement and reinstatement with reasonable accommodation on behalf of a high school custodian who was fired after sustaining an injury.  This settlement reinforces DFEH’s position that […]

California: Commissioned Employees Must be Specifically Paid for Rest Breaks

APPLIES TO All Employers with CA Employees EFFECTIVE February 28, 2017 QUESTIONS? Contact HR On-Call (888) 378-2456 Current California wage order regulations provide non-exempt employees a minimum 10-minute rest break for every four hours worked, or major fraction thereof.  These breaks must be counted as hours worked, must be paid at the employee’s hourly rate […]

D.C.: Credit Info Banned in Employment Decisions; Upcoming, Expansive Amendment to Paid Family and Medical Leave Law

APPLIES TO All Employers with Washington D.C. Employees EFFECTIVE Spring 2017 and July 1, 2020 QUESTIONS? Contact HR On-Call (888) 378-2456 Washington D.C. Mayor Muriel Bowser approved two new bills that will significantly impact employers.  These bills (1) restrict employers from inquiring into or using credit history when making employment decisions and (2) expand the […]

Ohio: New Bill Limits Employer Control of Guns at Work

APPLIES TO All Employers with OH Employees EFFECTIVE March 19, 2017 QUESTIONS? Contact HR On-Call (888) 378-2456 Effective March 19, 2017, Senate Bill 199 will now limit an employer’s ability to control the presence of guns at the worksite.  Specifically, the Bill allows licensed gun owners to keep firearms in their own vehicles while parked […]

Oregon: New State OSHA Drug Testing Regulations

APPLIES TO All Employers with OR Employees EFFECTIVE May 1, 2017 QUESTIONS? Contact HR On-Call (888) 378-2456 Federal OSHA’s regulations limiting automatic drug testing have been in effect for some time.  Oregon’s state OSHA plan’s Administrative Order 6-2016, originally filed in November of 2016, is modeled on the federal OSHA regulation and is set to […]

March Updates

APPLIES TO Varies EFFECTIVE Varies QUESTIONS? Contact HR On-Call (888) 378-2456 This HR Alert addresses the following topics: REMINDER: California All-Gender Restroom Signs Effective March 1, 2017 Missouri Becomes a Right-to-Work State on August 28, 2017 New Mexico: Minimum Wage in Certain Cities Increased March 1, 2017

U.S. Supreme Court to Resolve Split on Validity of Class Action Waivers in Arbitration Agreements

APPLIES TO All Employers EFFECTIVE Expected Summer 2017 QUESTIONS? Contact HR On-Call (888) 378-2456 Last year, we reported on the Ninth and Seventh Circuit cases stating that class action waivers in arbitration agreements are invalid under the National Labor Relations Act (“NLRA”).  The Second, Fifth and Eighth Circuits have taken the opposite stance, concluding that […]

Cures Act Restores Stand-Alone HRA Plans for Small Employers

APPLIES TO All Employers of fewer than 50 Full-Time Employees EFFECTIVE Effective for Plan Years 2017 QUESTIONS? Contact HR On-Call (888) 378-2456 On December 13, 2016, President Obama signed the 21st Century Cures Act (the “Act”), which allows qualified small employers of fewer than 50 full-time employees to offer a stand-alone Health Reimbursement Arrangement (“HRA”) […]

DOL Increases Civil Money Penalties for 2017

APPLIES TO All Employers EFFECTIVE January 13, 2017 QUESTIONS? Contact HR On-Call (888) 378-2456 The U.S. Department of Labor (“DOL”) has published final regulations regarding increases for civil money penalties arising from violations of certain employment regulations, such as ERISA, OSHA, FLSA and FMLA.  These penalties are adjusted annually based on the Consumer Price Index […]