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…

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…

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….

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…

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…

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…

2019 Minimum Wage Increase The Montana Department of Labor and Industry announced that the state’s minimum wage will increase to $8.50 per hour on January 1, 2019 for businesses with gross annual sales over $110,000. See the announcement

2019 Minimum Wage Increase In October 2018, the New Jersey Department of Labor and Workforce Development announced that the state’s minimum wage will increase to $8.85 per hour. The new rate is effective January 1, 2019. Read the press release Temporary Disability Leave Revisions On October 4, 2018, New Jersey Governor Phil Murphy signed legislation…

Finalized Materials and Guidance on NYS Sexual Harassment Prevention Law On October 1, 2018, Governor Cuomo announced the release of the following finalized materials and guidance on New York’s new sexual harassment prevention laws, following a public comment period that began August 23: Updated website with resources for employers, employees, state contractors and targets of sexual harassment. Updated model…

2019 Minimum Wage Increase On September 30, 2018, the Ohio Department of Commerce announced that the state’s minimum wage will increase as follows: $8.55 per hour for non-tipped employees. $4.30 per hour plus tips for tipped employees. These increases are effective January 1, 2019. See the announcement (and updated minimum wage poster)