Human Power
Both New York State and New York City have enacted laws related to sexual harassment prevention, with different provisions for employee communication and training along with various dates for compliance. The first New York City provisions went into place September 6 and further elements of state and city acts will be rolling out over the next nine…
Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, explains through three tongue-in-cheek soap opera storylines how sexual harassment claims can morph into retaliation liability. Like sands through the hourglass . . . so are the days of our work lives. All…
The Workplace Safety Practice Group at leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, explains OSHA’s recent clarification on its position on safety incentive policies and post-incident drug testing. In May 2016, the Occupational Safety and Health Administration amended 29 CFR §1904.35 to prohibit employers... Read more ›
Question: Can we require our employees to get flu shots? Answer: While there is no law that prohibits employers from mandating flu shots — and in some states, the law requires all healthcare workers to get flu shots — you should carefully determine if the benefits to your business outweigh the risks. There has been... Read more ›
Employers, have you reminded your employees to check that they are having the right amount of tax withheld from their paychecks? It’s a good idea for everyone to check their payroll withholding every year, but it is particularly important this year due to the big changes Congress made to the federal tax rules for 2018.... Read more ›
Question: Our company is getting ready for open enrollment. Can we distribute ERISA notices electronically instead of printing and delivering hard copies? Answer: Yes, electronic delivery complies with ERISA’s disclosure rules – but certain conditions must be met. First, whether delivered in hard copy or electronic media, ERISA requires preparing and furnishing materials “in a... Read more ›
DOL Delays Overtime Rule Until March 2019 In fall 2018, the U.S. Department of Labor, Wage and Hour Division (WHD) announced that it intends to issue a Notice of Proposed Rulemaking (NPRM) in March 2019 to determine the appropriate salary level for exemption of executive, administrative, and professional employees. The WHD stated that it is... Read more ›
City of Belmont Minimum Wage Increase Beginning January 1, 2019, according to the City of Belmont Minimum Wage Ordinance, employers who are subject to the Belmont Business License Tax or who maintain a facility in Belmont must pay to each employee who performs at least two hours of work per week in Belmont a minimum... Read more ›
It’s typical to have mixed feelings about the annual benefits open enrollment period. Dread for the additional administrative workload and potential benefits cost increases… Anticipation of newer, more attractive, and easier to administer plans… It makes for a fall season that causes many HR professionals and benefits brokers to drown their misery in pumpkin spice lattes.... Read more ›
California legislators sent a total of 1,217 bills to California Governor Jerry Brown for the 2017-2018 regular legislative session. He signed 1,016, vetoed 201, and 183 of them he reviewed the weekend just before his September 30, 2018, signature deadline. (In case you are wondering, that’s a lot of bills for one year; more than... Read more ›
The IRS has finalized the forms and instructions that employers will use for 2018 reporting under the Affordable Care Act (ACA). Applicable large employers (ALEs) will use the following: 2018 Form 1094-C (transmittal to IRS). 2018 Form 1095-C (statement to individual). 2018 Instructions for Forms 1094-C and 1095-C (instructions). Employers that self-fund a minimum essential... Read more ›