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 the latest news, updated topic analysis, training sessions, and more.
HR Regulatory Analysis
We are continually updating our state and national regulatory analysis to help you keep up with the changing regulations. See the updated section on the What's New page, below, to find all of the updated topics.
New Documents
  • HR Audio Presentations:
    FLSA rules regulate the exempt and nonexempt status of employees by defining “white collar” exemptions for executive, administrative, professional, outside sales, and computer employees. It is critical that supervisors and HR professionals understand the new FLSA regulations so they can properly classify their employees and compensate them in accordance with the law, reducing the potential for costly litigation. Use this FLSA--What Supervisors Need to Know audio presentation to train your workers on Fair Labor Standards Act (FLSA).
  • HR Guidance:
    The hiring process can be a prolonged, laborious task filled with legal minefields and common practices that seem innocent but may in fact lead to claims of discrimination. What are the key legal issues related to hiring? What best practices can help you avoid liability when interviewing and hiring applicants? The first step in this process is understanding the relevant employment laws that prohibit hiring discrimination and whether these laws apply to your business.
  • HR News:
    The federal trial court in Aberdeen recently rejected a terminated employee's age discrimination claim even though her former supervisor had given her satisfactory evaluations and she was replaced by a younger worker. Let's take a closer look.
  • The owner of a Kentucky Fried Chicken franchise told a manager with bipolar disorder that she couldn’t take her medication while working there and then forced her to flush it down the toilet, according to a lawsuit.
  • Based on two lower courts’ findings, President Donald Trump’s revised “travel ban” Executive Order (EO) has been enjoined from taking effect since May. Today, on the last day of the current court term, the U.S. Supreme Court agreed to determine whether the EO’s focus on primarily Muslim countries is in violation of the First Amendment and whether the EO exceeds the President’s authority granted by the Immigration and Nationality Act. The Court will hear that case in the next term, which begins in October.
  • An employer has asked the U.S. Supreme Court to weigh in on joint employment in wage and hour claims—an issue that has recently divided the federal courts of appeal and drawn mixed messages from the U.S. Department of Labor (DOL).
  • The Job Accommodation Network (JAN) has created an online “living” toolkit that continuously updates best and emerging practices in providing workplace accommodations. The contents of the toolkit’s “drawers” and other suggestions for reasonable accommodation were presented by Lou Orslene, a codirector at JAN and Deb Dagit, founder of Deb Dagit Diversity and former Chief Diversity Officer at Merck. The two spoke at SHRM’s 2017 Annual Conference & Exposition in New Orleans.
  • President Donald Trump’s announcement that he will nominate Marvin Kaplan, currently chief counsel of the Occupational Safety and Health Review Commission, to one of two vacant seats on the National Labor Relations Board (NLRB) is being hailed by probusiness interests as a way to bring balance to the Board.
  • A lawsuit filed by the federal government alleging that the ability to contract Ebola is a disability is “nonsensical,” according to the Massage Envy franchisee defending the case.
  • A recent decision from the U.S. District Court for the District of Maryland highlights a different risk: claiming the tip credit for time spent by employees on duties that aren't related to serving customers. The case also broke new legal ground in Maryland by giving effect to the U.S. Department of Labor's (DOL) interpretation of the tip credit in its Field Operations Handbook. This article takes a closer look at the court's noteworthy decision.
  • The law on whether the time nonexempt employees spend traveling is compensable is confusing and often trips up employers. This article is designed to explain the rules and provide guidance on how to pay for a nonexempt employee's travel time under federal law.
  • The Securities and Exchange Commission (SEC) on June 1 got into the act of examining standards of conduct for investment advisers after long being overshadowed in the area of fiduciary oversight by the U.S. Department of Labor (DOL).
  • The U.S. Department of Labor (DOL) released a draft model form for plan participants and others to use when asking group health plans to explain their limits on mental health coverage.
  • Following the May passage in the House of the American Health Care Act (AHCA), the Senate has now released the text of its own draft Affordable Care Act (ACA) reform bill.
  • There are effective strategies employers can use to investigate complaints of workplace bullying, according to Karen Michael, Esq. of KarenMichael PLC, a presenter at SHRM’s 2017 Annual Conference & Exposition in New Orleans.
  • A bill introduced in both houses of Congress would create a pilot program to provide employment benefits to gig workers. This Portable Benefits for Independent Workers Pilot Program Act (S. 1251, H.R. 2685) would allot the U.S. Department of Labor (DOL) $20 million to test portable benefits in fiscal year 2018.
  • A New Jersey federal court recently said an employee's retaliation, hostile work environment, and constructive discharge claims could survive a motion to dismiss. The complained-of conduct is a good illustration of the challenges employers face today.
  • A former employee sued her employer under the California Fair Employment and Housing Act (FEHA) for violations of public policy after her request to rescind her resignation—made while her mental state was altered—was declined.
  • There are plenty of salary surveys available and, arguably, there’s not a lot of difference between them. Most provide a number of incumbents, a mean, and multiple percentiles. Some use number of employees to describe company size and some use annual revenue. Most are broken down by industry and geographic location. Some provide position level charts, though some don't.
  • To help ensure compliance with the Americans with Disabilities Act (ADA), there are five steps employers can take, according to Dana Connell of Littler Mendelson, P.C. and Matt Morris, VP of FMLASource, ComPsych Corporation—both presenters at SHRM’s 2017 Annual Conference & Exposition in New Orleans.
  • The Centers for Medicare and Medicaid Services (CMS) is seeking input on how it can reduce the economic and regulatory burdens of the Affordable Care Act (ACA). The request for information (RFI), published June 12 in the Federal Register (82 Fed. Reg. 26885), calls for recommendations on streamlining the ACA’s regulation of the individual and small-group markets, and eliminating problematic rules.
  • If it becomes law, the American Health Care Act (AHCA), as passed by the U.S. House of Representatives, could cause an estimated 924,000 jobs to disappear by 2026 and trigger an economic downturn in nearly every state, according to a new report published by researchers at George Washington University’s Milken Institute School of Public Health and The Commonwealth Fund.
  • Generally, unless an employee files a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within a certain number of days of the employer's allegedly discriminatory actions, any charges based on those discriminatory acts would be untimely, and the employee may not pursue them.
  • It would seem as though the Nevada Legislature has declared war on small employers this legislative session with proposals to raise the minimum wage, require equal pay for equal work, and force Nevada employers with 50 or more employees that have operated in the state for at least one year to provide 24 hours (equivalent to three workdays) of paid sick leave per year. And that's not all.
  • The Indiana Court of Appeals recently heard a claim from a former employee who was injured on the job, but was subsequently fired for cause. Does the employee have a claim for workers’ compensation benefits?
  • Single-premium pension buyout sales as part of the “derisking” of defined benefit (DB) retirement plans for the first quarter rose 31% from the same period in 2016, totaling $1.4 billion—the highest first-quarter results in 15 years, according to the LIMRA Secure Retirement Institute.
  • When a staffing agency and a client both exercise control over an employee, the staffing agency is usually considered the primary employer for Family and Medical Leave Act (FMLA) purposes, according to the U.S. Department of Labor (DOL). As one recent court decision shows, however, that’s not always the case.
  • Navigating the leave law landscape can be tricky business for employers. The U.S. District Court for the District of New Jersey recently ruled that an employer failed to prove it did not violate the Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) when it terminated an employee after she requested leave.
  • The supreme court recently resolved unsettled questions about the construction of the day-of-rest statutes found in California's Labor Code. As this article explains, the court answered three questions about employees' right to a day of rest, when a certain exception applies, and what it means to "cause" an employee to work on a seventh consecutive workday.
  • The Employee Retirement Income Security Act of 1974 (ERISA) generally requires private employers offering pension plans to adhere to a lengthy list of rules designed to ensure plan solvency and protect plan participants. Church plans, however, are exempt from those requirements.
  • For a second time, a Philadelphia business group has asked a judge to block the city’s ban on salary history questions, arguing that the law infringes on business’ free speech rights.
  • Oregon’s governor signed an equal pay bill into law June 1, adding the state to the growing list of governments adopting salary history bans.
  • "Who gives [an expletive] about an Oxford comma?" muses the band Vampire Weekend in a hit song. After a recent decision from the 1st Circuit (which covers Maine, Massachusetts, New Hampshire, and Rhode Island), I'm sure Oakhurst Dairy cares about the issue quite a bit.
  • HR PowerPoints:
    FLSA rules regulate the exempt and nonexempt status of employees by defining “white collar” exemptions for executive, administrative, professional, outside sales, and computer employees. It is critical that supervisors and HR professionals understand the new FLSA regulations so they can properly classify their employees and compensate them in accordance with the law, reducing the potential for costly litigation. Use this FLSA--What Supervisors Need to Know PowerPoint presentation to train your workers on Fair Labor Standards Act (FLSA).
  • HR Speaker's Notes:
    FLSA rules regulate the exempt and nonexempt status of employees by defining “white collar” exemptions for executive, administrative, professional, outside sales, and computer employees. It is critical that supervisors and HR professionals understand the new FLSA regulations so they can properly classify their employees and compensate them in accordance with the law, reducing the potential for costly litigation. Use these FLSA--What Supervisors Need to Know speaker's notes to train your workers on Fair Labor Standards Act (FLSA).
  • HR Training Exercises:
    FLSA rules regulate the exempt and nonexempt status of employees by defining “white collar” exemptions for executive, administrative, professional, outside sales, and computer employees. It is critical that supervisors and HR professionals understand the new FLSA regulations so they can properly classify their employees and compensate them in accordance with the law, reducing the potential for costly litigation. Use this FLSA--What Supervisors Need to Know exercise to train your workers on Fair Labor Standards Act (FLSA).
Updated Documents
Questions & Answers
• The mean
• The 10th percentile
• The 25th percentile
• The 50th percentile
• The 75th percentile
• The 90th percentile
 HR Strange But True
CT-WEB02
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