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News, trends and analysis in employment law, HR, safety & workers' comp

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Mar 23 2015
DisabilityQ&A

Is a new supervisor a reasonable accommodation for a mental health disability?

Answer:  It might not be, but you need to go through the process to make a determination.  After an employee makes a request for accommodation, the employer and the employee share information in an “interactive process” under the Americans with Disabilities Act (ADA). While the employee may not be granted the exact accommodation requested, the…

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Mar 16 2015
Employee Benefits

IRS gives small employers a break for paying individual health insurance premiums

Although the IRS has stated that reimbursing or paying the premiums for employees’ individual health insurance violates the Affordable Care Act (ACA), the agency is temporarily cutting some slack for small employers. According to IRS Notice 2015-17, employers with fewer than 50 full-time or full-time-equivalent employees who reimburse or pay for medical insurance premiums for…

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Mar 03 2015
Leave LawsQ&AWage and Hour

In California, Oregon and Washington: Are employers required to pay out sick leave?

A: No, none of the new sick leave laws currently require employers to pay out unused paid sick leave. However, in some states, such as California and Montana, if an employee accrues rights under company policy to paid time off (PTO) or vacation, the amount becomes payable upon separation from employment. In these states, employers…

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Feb 16 2015
Wage and Hour

Companionship services regulation effective January 1, 2015, challenged

A federal district court in the District of Columbia has struck down the U.S. Department of Labor (DOL)’s new employment regulations that required third-party employers of home care workers to pay minimum wage and overtime effective January 1, 2015. The DOL isn’t backing down, though, and says it will continue to litigate the issue. The…

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Feb 11 2015
CaliforniaQ&AWage and Hour

What is the liability under California law for failing to provide a rest period?

A: No, paying for a missed rest period is not enough. If an employee misses a rest period he or she is entitled to one hour of additional pay at their regular rate, payable in the next paycheck. If an employee is not paid this hour of pay by the next paycheck, then penalties may…

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Feb 03 2015
Uncategorized

Timing of paydays may bring an extra pay period in 2015

If you pay your employees on a weekly or bi-weekly basis, the 2015 calendar may include an “extra” payday. Many employers pay employees every week (usually 52 paydays per year), or every other week (usually 26 paydays per year). These regular paydays account for 364 days each year. But, since there are actually 365-366 days…

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Jan 27 2015
Leave Laws

Paid sick leave is on the horizon across the nation

In his State of the Union address earlier this week, President Obama supported a trend that we’ve seen growing on the West Coast for the past several years: mandated paid sick leave for employees. While this concept has been discussed in the past, with little political traction, the current landscape seems different than in previous…

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Jan 27 2015
CaliforniaDisabilityLeave Laws

CALIFORNIA: Indefinite leave of absence is not required under FEHA

A federal district court recently ruled that a California employer wasn’t required to grant indefinite leave for an individual with a disability. Over the course of a year and a half, a sales clerk who injured her foot at work was provided with multiple accommodations consistent with the doctor’s restrictions, including a leave of absence,…

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Jan 27 2015
CaliforniaHiringLeave Laws

CALIFORNIA: Two options available for paid sick leave compliance

The new paid sick leave law in California, AB 1522, is on employers’ minds as we begin 2015. There are two ways to comply with the law, and you have until July 1, 2015, to determine which fits your company the best: 1. Accrual Method: Employers provide paid sick leave that employees accrue at the…

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Jan 27 2015
Labor RelationsQ&A

Can we require employees to keep quiet about their wages?

A: No. It’s understandable that employers may not want folks discussing wages and salaries around the water cooler, but the National Labor Relations Act (NLRA) makes it illegal to prohibit non-management employees from sharing this information. Under the NLRA, non-management employees have the right to discuss their wages, hours and working conditions with each other….

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Jan 22 2015
Leave Laws

Employer cannot terminate for unmet sales goals when FMLA leave reduced sales

An employer violated the federal Family and Medical Leave Act (FMLA) when an account executive who took five weeks of FMLA leave was subsequently disciplined and terminated for failing to achieve her sales goals. Not surprisingly, the employee filed a claim against her former employer alleging interference with her employment rights under the FMLA. The…

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Jan 15 2015
DisabilityQ&A

Termination for bad behavior is not disability discrimination or retaliation

Answer: No, you can (and, arguably, should) terminate employees who are engaging in misconduct or not adequately performing essential job functions, even if they are being accommodated for a disability, as long as the performance issues are not actually due to the disability. Two recent federal court cases support such terminations. In a Ninth Circuit…

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