[in Your State]
What's New on HR.BLR.com
HR.BLR.com's What's New page is where you will find all of the most recent content added and updated to the site in the last 14 days. See updated regulatory analysis, training materials, white papers, and more.
Regulatory Analysis
We are continually updating our state and national regulatory analysis to help you keep up with the changing regs. See the updated section below to find all of the topics.
New Documents
Audio Presentations:
The main objective of this session is to create awareness of ethical issues in business and ensure that you always know the ethical course of action to take on the job. By the time this session is over, you should be able to recognize the importance of business ethics, understand the requirements of the law and our ethics policy, identify ethical problems on the job, and make ethical decisions. Duration: 24 minutes.
Guidance Documents:
The Department of Labor provides guidance on how the Family and Medical Leave Act applies during a pandmeic flu.
The Department of Labor provides guidance on how the Fair Labor Standards Act affects employer's options for responding to pandmeic flu.
News:
The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) is withdrawing the final rule on the provision of investment advice under the Employee Retirement Income Security Act's prohibited transaction provisions.
U.S. Immigration and Customs Enforcement (ICE) has issued Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure, alerting business owners that ICE will audit their I-9 forms to determine compliance with employment eligibility verification laws.
The staffing firm Robert Half Technology has created tips for retaining your top performers during 2010.
The Government Accountability Office (GAO) has found widespread underreporting of workplace injuries, saying OSHA should improve its efforts to verify the accuracy of employer-provided injury data.
The employment-related provisions of the Genetic Information Non-Discrimination Act of 2008 (GINA) become effective November 21, 2009.
A salesman for a Tennessee company resigned after his pay structure was revised and went to work for a competitor. His former employer sued to enforce his noncompete agreement, but he complained that he had signed it under duress.
A newly hired employee of a Washington company failed her initial drug test because of her use of medical marijuana recommended and prescribed by a physician. The company fired her for drug use and she sued.
The U.S. Department of Health and Human Services (HHS) has issued an interim final rule that strengthens its enforcement of the rules under the Health Insurance Portability and Accountability Act (HIPAA).
The Department of Labor's Wage and Hour Division has published guidance with information on how employers can comply with the Fair Labor Standards Act and the Family and Medical Leave Act when employees or their family members get the seasonal or H1N1 flu (formerly known as swine flu).
The restaurant chain Cheesecake Factory has agreed to pay $345,000 to settle an Equal Employment Opportunity Commission (EEOC) lawsuit alleging that that six male employees were subjected to repeated sexual harassment at a restaurant in Arizona.
Even in today’s modern times, it’s not uncommon for employers--especially those in traditionally male-dominated industries--to have concerns about the safety of pregnant employees. Although this may be understandable, it’s important to check preconceptions about the physical capabilities of pregnant women at the company door—or, as in one employer’s case, at the dock.
A St. Louis company paid its salespeople a base salary plus a percentage of profits from their individual sales. Several salespeople sued the company because they thought that the company was not properly paying them their commissions. The trial court dismissed the case, finding that the salespeople did not receive commissions at all and so could not sue for penalties related to nonpayment of commissions.
The Occupational Safety and Health Administration (OSHA) has created fact sheets to help inform employers and workers about ways to reduce the risk of exposure to the 2009 H1N1 virus (formerly known as swine flu) at work.
The U.S. House of Representatives has voted 220-215 in favor of legislation that would require employers to offer health care insurance to employees.
Policies:
This policy aims to provide guidance for employees to raise concerns about serious misconduct and to provide assurance that they will be protected from retaliation for making such reports.
White Papers:
GINA, as HR pros probably know, is the Genetic Information Nondiscrimination Act enacted in 2008. Final regulations interpreting the law have been long in the making and are still technically only interim regs. But the employment title of GINA, which incorporates procedures and remedies found in federal civil rights law, is effective November 21, 2009.
Updated Documents
Audio Presentations:
The main objective of this session is to make you aware of the risks of flu pandemics, the potential problems we could all face should we be hit with a pandemic, and the precautions you would need to take to keep yourself and your family safe. By the time the session is over, you should be able to understand what a pandemic is, recognize the risks, identify flu symptoms, prevent the spread of infection, prepare for and deal with a pandemic at work and at home, and know what to do if you get sick. Duration: 19 minutes.
The main objective of this session is to help you manage challenging employees more effectively. By the time the session is over, you should be able to identify challenges associated with supervising difficult employees, manage your own feelings effectively, create a positive work environment for all, and respond positively to challenging employees and treat them fairly. Duration: 20 minutes.
Forms:
Model Individual Creditable Coverage Disclosure Notice
Guidance Documents:
BLR's practical guide for preparing your workplace in the event of a pandemic outbreak.
Policies:
A sample communicable diseases policy with guidance on points to cover.
Sample Family and Medical Leave Policy
Sample standard and strict policy on Communicable Diseases, including H1N1 (swine) flu, seasonal flu, MRSA, tuberculosis, and other diseases.
PowerPoints:
The main objective of this session is to make you aware of the risks of flu pandemics, the potential problems we could all face should we be hit with a pandemic, and the precautions you would need to take to keep yourself and your family safe. By the time the session is over, you should be able to understand what a pandemic is, recognize the risks, identify flu symptoms, prevent the spread of infection, prepare for and deal with a pandemic at work and at home, and know what to do if you get sick.
Speaker's Notes:
The speaker's notes document provides the script view of the training course, screen by screen, which can be helpful with preparing for and taking the course.
Questions & Answers
State:
• The new law expands the coverage of FMLA to employers with 25 or more employees.
• The new law expands the definition of “serious health condition” to include H1N1 flu.
• The new law requires employers to offer intermittent FMLA leave to employees to bond with a healthy newborn.
• The new law makes several changes to the family military leave provisions of the FMLA.