Here’s an update on EEO-1  reporting by Cara Crotty, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP. The new deadline is June 1, but only for this year. The Equal Employment Opportunity Commission announced that it has extended the deadline to submit 2017 EEO-1 report data….

The issue of pay has traditionally been an inevitable topic of discussion in any job interview. However, in a growing number of places throughout the country, an employer can no longer ask an applicant about his or her salary history. The locations listed on the chart below have enacted laws impacting private employers. More bans…

DOL Releases Assistance for Enforcement of Tip Credit Rules under FLSA On April 6, 2018, the U.S. Department of Labor released a field assistance bulletin (FAB No. 2018-3) providing guidance concerning the Wage and Hour Division’s (WHD) enforcement of tip credit rules under the Fair Labor Standards Act (FLSA) after Congress amended the FLSA in…

Q: What events must employers report to the Occupational Safety and Health Administration (OSHA)? A: All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye as follows: Employers must report work-related fatalities within eight hours of finding out about the fatality….

Nestor Barrero, senior counsel at Constangy, Brooks, Smith & Prophete, LLP, a well-respected national employment law firm and legal partner to ThinkHR, summarizes 10 must-have policies for your employee handbook. At-will employment: You can destroy the at-will employment relationship through promises made in an employee handbook. Including this policy reinforces the at-will nature of employment….

At ThinkHR, knowledge makes us tick. We are always on the lookout for the latest workplace and human resources news, trends, research, and law. Here are some of the stories that caught our eye this month. Work is Killing Us Stanford professor Jeffrey Pfeffer’s new book, Dying for Paycheck, offers convincing evidence that workplace stress…

States that permit carriers to renew medical policies without adopting various Affordable Care Act (ACA) requirements may continue to do so through 2019, according to a bulletin released April 9, 2018, by the U.S. Department of Health and Human Services. The bulletin extends transitional relief for non-ACA-compliant policies for another year. The affected category of…

On April 9, 2018, in Rizo v. Yovino, the Ninth Circuit Court of Appeals held that under the federal Equal Pay Act an employer cannot justify a wage differential between male and female employees by relying on prior salary. The EPA prohibits sex-based wage discrimination between men and women, in the same establishment, who perform jobs that require substantially…

Q: One of our employees was assaulted and injured by another coworker in our workplace. Is this compensable under California workers’ compensation? A: If the employee was injured at work, it is likely that the claim is compensable based on the facts of the situation leading up to the assault. An employee who is assaulted…

Supreme Court Rules Auto-Service Advisors Exempt from FLSA Overtime Requirement and Rejects Narrow Construction of Exemptions On April 2, 2018, the U.S. Supreme Court ruled in Encino Motorcars v. Navarro that auto-service advisors are exempt from the federal Fair Labor Standards Act (FLSA) overtime requirements. According to the court, because service advisors at car dealerships…