OSHA Softens Approach to Safety Incentive Programs and Post-incident Drug Testing

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 from retaliating against employees …

Ask the Experts: Mandatory Flu Shots

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 a rise in litigation …

Easy-to-Use Tax Withholding Calculator

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. The law’s changes do …

Ask the Experts: Distributing ERISA Notices Electronically

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 manner consistent with applicable …

Federal Employment Law Update – October 2018

USCIS Notice to Appear Policy Memorandum Not Applicable to Employment-Based Petitions On September 27, 2018, the United States Citizenship and Immigration Service (USCIS) clarified that its Notice to Appear (NTA) policy memorandum (PM), released June 28, 2018, providing guidance on when the USCIS may issue Form I-862, Notice to Appear, will not be implemented with respect to employment-based petitions and humanitarian applications and petitions. Existing …

California Employment Law Update – October 2018

Criminal History and Job Applicants On September 30, 2018, California Governor Jerry Brown signed legislation (S.B. 1412) specifying that employers, public agencies, private individuals, and corporations (employer) may: Ask employees or applicants about an arrest when they are out on bail or on their own recognizance pending trial. When complying with state, federal, or local law: Conduct criminal background …

Montana Employment Law Update – October 2018

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 The post Montana Employment Law Update – October 2018 appeared first on ThinkHR Human Powered. Source: Think HR Blog & …

New Jersey Employment Law Update – October 2018

Proposed Rules for Paid Sick Leave Implementation On September 13, 2018, the New Jersey Department of Labor and Workforce Development released proposed new earned sick leave rules. The proposed new rules, which would be located at N.J. Admin. Code 12:69-1 – 12:69-3, would provide the following: General provisions, penalties and fees, interest, hearings, the act’s prohibition against retaliatory personnel …

New York Employment Law Update – October 2018

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 sexual harassment prevention policy. …