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2024 Federal Poverty Levels Impact Employer Liability Under Pay-or-Play Rules The U.S. Department of Health and Human Services (HHS) updates federal poverty levels (FPLs) each year to determine eligibility for certain programs and benefits. HHS’ new guidelines set the 2024 FPL for an individual at $15,060 (up from $ 14,580 for 2023) in the 48
To get ready for open enrollment, employers who sponsor group health plans should be aware of compliance changes affecting the design and administration of their health plans for plan years beginning on or after Jan. 1, 2025. These changes include limits that are adjusted for inflation each year, such as the Affordable Care Act’s (ACA)
5 Attraction and Retention Trends to Monitor in 2024 Looking forward to 2024, the labor market is expected to ease somewhat, although employers will likely still struggle to attract and retain talented employees. Skills gaps and high inflation remain challenging, but the influx of Generation Z (Gen Z) workers into the workplace is expected to
On June 21, 2024, the 5th U.S. Circuit Court of Appeals ruled that a key component of the Affordable Care Act’s (ACA) preventive care mandate is unconstitutional. However, in a decision it referred to as a “mixed bag,” the 5th Circuit limited its ruling to the plaintiffs in the case, a small group of individuals
On Aug. 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, the U.S. Court of Appeals for the 5th Circuit vacated the U.S. Department of Labor’s (DOL) 2021 final rule that updated tip credit regulations under the Fair Labor Standards Act (FLSA). This rule is known as the 80/20/30 rule. Background The FLSA
In today’s market, HR professionals must adapt to the changing expectations of organizations and employees amid difficult economic conditions. As such, proactive HR leaders and professionals will approach 2024 with strategies that incorporate artificial intelligence (AI) into everyday operations, satisfy employee demands for greater compensation and flexibility, and conform to evolving compliance standards. Organizations will
ACA Information Reporting Penalties Increased for Returns Filed in 2024. IRS Revenue Procedure 2022-38 includes updated penalty amounts that may apply to reporting entities that fail to comply with the Affordable Care Act’s (ACA) requirements under Internal Revenue Code Sections 6055 and 6056. The increased amounts apply to 2023 information returns and individual statements that
Many employers have instructed employees to return to the office, either full time or for a specified number of days per week. Despite employers’ efforts, many employees have refused to return to in-office work. In fact, numerous organizations, including large corporations like Amazon, Apple and Twitter, are currently struggling with workers refusing to follow return-to-office
Employee terminations are often complicated, and if not conducted properly, employers can open themselves up to costly legal challenges and negatively affect their business or reputation. Establishing procedures for employee terminations can help employers ensure that they are conducted in a manner that minimizes legal risks and accounts for various business considerations. This checklist outlines
The following checklist outlines steps to help employers comply with federal and state fair employment laws that affect interviewing job applicants. It also includes general information about laws that protect applicants against discrimination based on certain personal characteristics, disabilities, and medical conditions, and laws that aim to promote equal pay by prohibiting questions about an
Checklist | Remote Examination of Form I-9 Documents. Federal law requires employers to hire only individuals who may legally work in the United States—either U.S. citizens or authorized foreign nationals. To comply with the law, employers must verify the identity and employment authorization of each individual they hire by completing and retaining the Employment Eligibility
The end of the year is usually an extremely busy time for HR professionals. There’s a lot they must do in a relatively short time period to close out the year and prepare for the upcoming one. A smooth and effective year-end process can help ensure HR professionals comply with relevant laws and regulations and
On Nov. 15, 2023, the Centers for Medicare and Medicaid Services (CMS) released the maximum limits on cost sharing for 2025 under the Affordable Care Act (ACA). For 2025, the maximum annual cost-sharing limitation is $9,200 for self-only coverage and $18,400 for family coverage. This represents an approximately 2.6% decrease from the 2024 limits
Group health plans can require qualified beneficiaries to pay for COBRA continuation coverage, although plan sponsors can choose to provide continuation coverage at reduced or no cost. The maximum amount charged to qualified beneficiaries cannot exceed 102% of the plan’s total cost of coverage. The cost amount is based on the cost of coverage for similarly
Cognitive Behavioral Therapy Cognitive behavioral therapy (CBT) is a psychological treatment that has been demonstrated to be effective for a range of problems. It’s based on the principle that psychological problems are partially based on faulty or unhelpful ways of thinking and learned patterns of unhelpful behavior. CBT also relies on the theory that
Summertime is often associated with sunny days, relaxation, and vacations. However, it can also bring unique stressors that, if not managed, can impact an individual’s well-being. From the pressure of planning vacations to the physical toll of extreme heat, summertime stressors can creep into your life. Understanding these stressors and how to combat them is
Effective communication is crucial to fostering a positive relationship between employers and employees. It can show employees they’re valued and heard, improving employee satisfaction and retention. Conversely, poor communication can lead to workplace inefficiencies, foster employee discontent, and create engagement and retention issues. These concerns can significantly impact
The 5th U.S. Circuit Court of Appeals is expected to issue a decision within the next few months regarding the constitutionality of the Affordable Care Act’s (ACA) preventive care mandate. The ACA requires non-grandfathered health plans and health insurance issuers to cover a set of recommended preventive services without imposing cost-sharing requirements, such as
Born between 1981 and 1996, millennials are the largest generation in the workforce and command employers’ attention. Gallup estimates that by 2025, millennials will make up 75% of the global workforce. Like any generation, this group possesses unique values, preferences, and expectations. Employers must foster a company culture that appeals to millennials to entice and
DOE Launches Application for New Income-driven Student Debt Repayment Plan The Biden administration recently launched a beta website for its new student debt loan repayment plan, the Saving on a Valuable Education (SAVE) plan. Eligible borrowers can start submitting applications for the income-drive student loan debt repayment program on the U.S. Department of Education’s (DOE)
DOL Publishes FLSA Overtime Rule With Higher Salary Levels for White Collar Employees On Aug. 30, 2023, the U.S. Department of Labor (DOL) announced a proposed rule to amend current requirements employees in white-collar occupations must satisfy to qualify for an overtime exemption under the Fair Labor Standards Act (FLSA). The proposed rule was
EEOC Releases Workplace Guidance to Prevent Harassment On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC)published its final guidance on harassment in the workplace. The guidance explains how the EEOC may enforce equal employment opportunity (EEO) lawsagainst an employer when workplace harassment is alleged or suspected. Background The EEO laws are a
When election time draws near, employers should be prepared to handle requests from employees for time off from work to vote. Federal law does not require employers to provide their employees with time off to vote. However, many states have voting leave laws that allow employees to take time off to vote in certain
Election season can be a fraught time for employers. Employers are often faced with the challenge of fostering a culture of open communication while ensuring a civil work environment and navigating a variety of federal, state and local laws. Therefore, as the 2024 election approaches, it is critical for employers to understand their legal rights
A proposed class action lawsuit filed against Johnson & Johnson (J&J) alleges that the company breached its fiduciary duties under ERISA by mismanaging its prescription drug benefits plan. The complaint asserts that J&J violated ERISA’s fiduciary duty of prudence in multiple ways and that this mismanagement cost the plan and its participants millions of dollars
Helping Employees Navigate Newborn and Adopted Child Insurance Coverage When an employee welcomes a child into the world, it’s often a joyous occasion. It also comes with significant responsibilities, including ensuring the child’s health and well-being. Securing health insurance for a newborns and newly adopted children is a crucial step toward safeguarding their health and
Helping Employees Navigate Rising Health Care Costs Employers continue to struggle with rising healthcare costs and providing employees with affordable and quality care options. Unfortunately, employers expect healthcare costs to increase significantly in 2024, according to several industry surveys and reports. These findings revealed that employers anticipate healthcare costs to grow between 6.5% and
Brought to you by: George Belcher Evans & Wilmer How Employers Are Shifting Strategies as Recruitment and Retention Struggles Continue Workplace dynamics have significantly changed in the last few years. Employers have been forced to respond to increasing worker demands for workplace flexibility, well-being initiatives and inclusive cultures. In addition, workers are becoming more vocal
HSA/HDHP Limits Will Increase for 2024 On May 16, 2023, the IRS released Revenue Procedure 2023-23 to provide the inflation-adjusted limits for health savings accounts (HSAs) and high deductible health plans (HDHPs) for 2024. The IRS is required to publish these limits by June 1 of each year. These limits include: The maximum HSA contribution
On May 9, 2024, the IRS released Revenue Procedure 2024-25 to provide the inflation-adjusted limits for health savings accounts (c) and high deductible health plans (HDHPs) for 2025. The IRS is required to publish these limits by June 1 of each year. These limits include the following: The maximum HSA contribution limit; The minimum deductible
On May 9, 2024, the IRS released Revenue Procedure 2024-25 to provide the inflation-adjusted limits for health savings accounts (HSAs) and high deductible health plans (HDHPs) for 2025. The IRS is required to publish these limits by June 1 of each year. These limits include the following: The maximum HSA contribution limit; The minimum deductible
News Brief Major health insurers UnitedHealth and Humana are warning about a jump in medical costs this year due to higher-than-anticipated demand for surgeries and other medical procedures. Insurers have benefited from nonurgent surgery delays during the COVID-19 pandemic and hospital staffing shortages. In fact, some individuals, especially older adults, put off elective procedures during
The federal government is continuing its efforts to improve access to mental health and substance use disorder (MH/SUD) care in 2024, with a top enforcement priority being compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA)for employer-sponsored health plans. MHPAEA is a federal law that prevents group health plans and health insurance
Employers who sponsor high deductible health plans (HDHPs) that are compatible with health savings accounts (HSAs) should prepare for open enrollment by: Ensuring that employees understand how HSAs work, including the benefits of opening an HSA; and Updating their HDHP’s design and communicating any plan changes to employees. There are many advantages to selecting an
Patient Protections from Surprise Medical Bills. The “No Surprises Act” (NSA) was enacted on Dec. 27, 2020, as part of the Consolidated Appropriations Act, 2021 (CAA), to increase health care transparency and protect consumers from surprise medical bills. Effective for plan years beginning on or after Jan. 1, 2022, the NSA provides federal protections against
The Affordable Care Act (ACA) requires health insurance issuers and self-insured plan sponsors to pay Patient-Centered Outcomes Research Institute fees (PCORI fees). The fees are reported and paid annually using IRS Form 720, the Quarterly Federal Excise Tax Return. Form 720 and full payment of the PCORI fees are due by July 31 of each
The Pregnant Workers Fairness Act (PWFA) requires employers with 15 or more employees to provide reasonable accommodations for the known limitations of a qualified applicant or employee due to pregnancy, childbirth, or related medical condition. However, an employer may be exempt from this requirement if it can prove that no effective accommodation can be
Prescription Drug Pricing Trends. As prescription drug costs continue to increase, it’s important for employers to understand the trends behind the rise and what they can do to better manage their expenses. This article provides context for why prescription prices are rising and offers cost-cutting solutions for employers. Prescription Drug Cost Drivers In
Recent findings from Mercer’s Health and Benefits Strategies for 2024 Survey Report revealed that employers are seeking compelling benefits options to improve affordability, increase flexibility and fill perceived gaps in 2024. According to Mercer, 1 in 4 of more than 700 surveyed employers had made enhancements to their benefits programs in the past two
The latest Salary Budget Planning Report released by Willis Towers Watson (WTW) shows that salary budget increases are expected to rise by 3.9% in 2025. The overall median pay raise for 2024 dropped to 4.1%, compared with 4.5% in 2023. Although these expected wage increases have diminished since 2023, this figure remains high compared to
Springtime Self-Care Ideas Spring is the season of growth and renewal, an opportunity to rediscover and prioritize the best version of yourself. Self-care in the spring involves embracing the energy of the season and adopting habits that promote vitality and inner balance—practices that are key to maintaining robust physical, emotional, and mental well-being. Self-care is
The Industry Impact of Medicare Drug Price Negotiations The Biden administration recently unveiled the first 10 prescription drugs subject to Medicare price negotiations. The Medicare Drug Price Negotiation Program—part of the Inflation Reduction Act (IRA)—is the Biden administration’s latest effort to combat rising health care costs. According to a Kaiser Family Foundation survey, more than
Court Denies FMLA Leave for Unmarried Father Before Child’s Birth. The 11th Circuit Court of Appeals recently held in Tanner v. Stryker Corp. that an unmarried employee who traveled to be with his pregnant ex-girlfriend for the birth of their baby was not entitled to leave before the child’s birth under the federal Family and
Upcoming ACA Reporting Deadlines. Employers subject to Affordable Care Act (ACA) reporting under Internal Revenue Code Sections 6055 or 6056 should prepare to comply with reporting deadlines in early 2024. For the 2023 calendar year, covered employers must: Furnish statements to individuals by March 1, 2024 (an alternative method of furnishing statements to covered individuals
What Happens if an Employee Misses Open Enrollment? Open enrollment can be an extremely stressful and overwhelming time for both you and your employees. It is typically the only time during the year in which employees can make changes to their benefits choices, such as adding or dropping coverage, adding or dropping dependents, or enrolling
Open enrollment is the period when individuals can enroll, renew, adjust, or cancel their health insurance. Most types of health insurance, such as employer-sponsored, medicare, and marketplace health insurance, have open enrollment periods. Open enrollment occurs once a year, usually in the fall for coverage to start January 1st of the following year. However, the exact
Introduction Workplace wellness programs are initiatives to encourage employees to make voluntary behavior changes that reduce their health risks and enhance their individual productivity. Wellness programs can vary widely in design, but in general, they offer opportunities for employees to enhance their health and wellness, such as by improving fitness, losing weight, managing chronic health
Study Finds Home-based Workers Have Tripled and Many Are Women The number of home-based workers in the United States tripled from 2019 to 2021, increasing from 5.7% of the workforce to 17.9%, according to data from the U.S. Census Bureau’s American Community Survey (ACS). This represents an increase of 19 million workers. More than half
Individuals are living longer than previous generations, and, as a result, they’re delaying retirement and continuing to work to support themselves. This change in workforce demographics is leading to increased reported instances of age discrimination in the workplace. Age discrimination occurs when older applicants or employees are treated less favorably because of their age. This
DOL Issues Opinion Letter About Holidays During FMLA Leave On May 30, 2023, the Wage and Hour Division (WHD) of the U.S. Department of Labor issued Opinion Letter FMLA2023-2-A: “Whether Holidays Count Against an Employee’s FMLA Leave Entitlement and Determination of the Amount of Leave Taken.” The letter addresses whether an employee taking leave under
An important aspect of an organization’s reputation is its employer brand, which refers to the employment market’s views of an organization and the efforts used by an employer to adapt or shift this perception. Branding encompasses a variety of components, including both intangible benefits (e.g., workplace culture, values and mission) and tangible benefits (e.g., salary,
High deductible health plans (HDHPs) are becoming a popular health plan offering among employers nationwide. HDHPs can encourage employees to spend their health dollars wisely and can motivate them to take charge of their own health and wellness. To maximize the odds that your HDHP will be a success, avoid making these five common mistakes.
“Today’s workforce is the most age-diverse in modern history, spanning four—sometimes even five—generations. A person’s age influences many of their characteristics over time, including their preferred benefits. If employers want to provide benefits that their employees will actually use, they must take their varying preferences into account. In fact, one of the biggest challenges for
“Rage applying” is a term used to classify the act of abruptly looking for jobs in mass due to current job dissatisfaction. This growing trend is most prevalent amongst Generation Z, as they’re searching to have their needs met by employment more than the previous generations. Employees are applying for jobs for a variety of
Upcoming EEO-1 Reporting Deadlines Under Title VII of the Civil Rights Act (Title VII), employers with 100 or more employees and certain federal contractors must submit a report about their workforces to the Equal Employment Opportunity Commission (EEOC) by March 31 every year. This report, known as the EEO-1 report, is a federally mandated survey
More than half (55.7%) of American private-sector workers were enrolled in high deductible health plans (HDHPs) in 2021, according to the Kaiser Family Foundation’s recent 2022 Employer Health Benefits Survey. The 5.3% increase from 2020 is the highest on record, and 2021 is the eighth straight year an increase has occurred. The top three states
Small businesses often have fewer resources than larger ones, potentially making it more efficient to outsource certain functions rather than keep them in-house. Certain functions of an organization’s HR operations are common options for outsourcing. According to a study by staffing agency Kelly Services, 36% of all employers outsource part or all of their HR
Employers of all sizes are currently searching for ways to reduce expenses and save money in response to the current economic downturn and ongoing labor challenges. Instead of cutting costs randomly or conducting unnecessary layoffs, successful organizations tend to optimize their resources by identifying areas where they can reduce expenses without compromising productivity or future
Employer Takeaways From the FTC’s Proposed Ban on Noncompete Agreements The Federal Trade Commission (FTC) recently published a proposed rule that would ban noncompete clauses in employment agreements. According to the agency, if the proposed rule becomes final, it could increase employee wages by approximately $300 billion per year and expand career opportunities for 30
President Biden Discusses Employee Benefits and the Workplace in State of the Union Address On Tuesday, Feb. 7, President Joe Biden delivered the 2023 State of the Union (SOTU) address. The SOTU address is an annual speech the president delivers near the beginning of each year, outlining how the country is doing and identifying future
HR Insights Brought to you by the insurance professionals at George Belcher Evans & Wilmer The labor market was a roller coaster in 2022 and will undoubtedly continue to evolve this year. It remains to be seen how the employment market will level out. Still, it’s a safe bet that employers will be challenged as
Just as HR teams quickly adapted to changes at the height of the pandemic, they must now adapt and respond to today’s evolving expectations of organizations and employees. Savvy HR leaders and professionals will approach this year with human-centric strategies that holistically support and benefit workers. This infographic highlights four HR trends to monitor in
Beginning in 2023, group health plans and health insurance issuers must make an internet-based price comparison tool available to participants, beneficiaries and enrollees. The purpose of this tool is to provide consumers with real-time estimates of their cost-sharing liability from different providers for covered items and services, including prescription drugs, so they can shop and
On Oct. 18, 2022, the IRS released Revenue Procedure 2022-38 (Rev. Proc. 22-38), which includes the inflation-adjusted limit for 2023 on employee salary reduction contributions to health flexible spending accounts (FSAs). The Affordable Care Act (ACA) imposes a dollar limit on employees’ salary reduction contributions to health FSAs. This dollar limit is indexed for cost-of-living
Last-minute Open Enrollment Considerations (TBD) As open enrollment periods approach for 2023 benefits, there’s still time to address employees’ questions and inform them of their options in meaningful ways. Doing so will help them get the most from their benefits, which are especially valuable as employees navigate record-high inflation and work to maximize every hard-earned
As 2022’s Election Day approaches on Tuesday, Nov. 8, employers may be curious about how to best prepare. While federal law does not require employers to provide their employees time off to vote, many states have voting leave laws that allow employees to take time off to vote in certain circumstances. Further, employees may desire
Everyday life looks and feels relatively similar to before the COVID-19 pandemic hit. As many Americans resume their normal activities, some organizations may wonder how to get employees to return to the office. Remote work offered a safe accommodation for employees during the height of the pandemic. While some organizations have adopted fully remote workplace
On Aug. 16, 2022, the IRS updated its frequently asked questions (FAQs) on the employer shared responsibility (pay or play) rules under the Affordable Care Act (ACA) to include updated penalty amounts for 2023. For calendar year 2023, the adjusted $2,000 penalty amount is $2,880 and the adjusted $3,000 penalty amount is $4,320. Pay or
Federal law requires employers to only hire individuals who may legally work in the United States—either U.S. citizens or authorized foreign nationals. To comply with the law, employers must verify the identity and employment authorization of each individual they hire by completing and retaining the Employment Eligibility Verification document (Form I-9). Despite employers’ best efforts,
The Great Reshuffle—a mass movement of workers leaving jobs with which they are not satisfied—shows no signs of slowing down. As Generation Z and Millennials begin to make up more of the workforce, it has become clear that values and priorities have shifted from those of previous generations. Furthermore, unemployment rates are down, and the
Provided by: George Belcher Evans & Wilmer Inflation Reaches 8.6% in May, Highest Increase in 40 Years The Bureau of Labor Statistics (BLS) announced that the U.S. consumer price index (CPI) rose 8.6% year over year in May 2022. This is the highest level since December 1981, pressuring employers to raise wages to keep pace.
In early 2022, Zywave surveyed employers across the country about various employee attraction and retention topics, and more than 150 employers of all sizes and industries responded. Their responses help establish benchmarks and provide insight into the many trending strategies used to attract and recruit new employees. Here are six key takeaways from this year’s
The U.S. Bureau of Labor Statistics (BLS) recently released its March Job Openings and Labor Turnover Summary. Notably, the number of quits increased to around 4,536,000 in March, up from approximately 4,384,000 in February. The BLS defines a quit as a “voluntary separation initiated by the employee.” March’s quits rate rose to 3%, setting a new
Wearable technology isn’t a new feature. For years, personal gadgets such as smartwatches have been gaining popularity among people who want better insight into their health trends. According to Pew Research Center data, nearly 1 in 5 Americans (21%) say they regularly wear a smartwatch or fitness tracker. In fact, wearable technology has grown so
Businesses of all sizes are currently facing attraction and retention challenges. Small businesses especially are tasked with maximizing their resources and staying agile in today’s worker-friendly labor market. Consider these four tips: Select the right benefits. Small firms are less likely to offer health insurance versus businesses with more employees. Health insurance is just one highly-valued
On April 5, 2022, the U.S. Department of Justice (DOJ) issued guidance on how the Americans with Disabilities Act (ADA) can protect individuals with opioid use disorder (OUD) and other drug addictions from discrimination. ADA Background The ADA is a federal law that prohibits employers with 15 or more employers from discriminating against individuals based
On March 29, 2022, the U.S. House of Representatives passed the Securing a Strong Retirement Act of 2022 with a bipartisan vote of 414-5. The act is often referred to as “SECURE 2.0” because it builds on the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019. Key SECURE 2.0 proposals include: Expanding
Workplaces are currently facing a variety of challenges. One of the most pressing concerns is employee voluntary resignation; many entry-level, retail and hospitality workers are quitting in record numbers. However, this problem is affecting virtually every industry. Certain employers are combatting this trend by emphasizing how much value they can bring to their workers beyond
On Jan. 13, 2022, the U.S. Supreme Court dissolved the temporary injunctions blocking enforcement of the Centers for Medicare & Medicaid Services (CMS) emergency rule requiring COVID-19 vaccination of certain health care workers. As a result, the emergency rule was reinstated and can now be enforced as written. CMS issued the following three pieces of
2022 Live Well Planner (411387) Employees can feel overwhelmed with the overabundance of health-related information nowadays. The 2022 Live Well Planner takes the guesswork out of healthy living by offering healthy recipes and exercise, diet and wellness articles. Employees can even organize their daily schedule, plan meals or log workouts. Ask for your copy today!
HR INSIGHTS Brought to you by the insurance professionals at George Belcher Evans & Wilmer Many employees look forward to year-end workplace holiday celebrations. These events allow employees to celebrate with their colleagues and sometimes even family and guests. Importantly, these celebrations can also be a great way to drive employee engagement. While these events
OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) covers employers with 100 or more employees and requires them to take steps to minimize the risk of COVID-19 transmission in the workplace. The Occupational Safety and Health Act protects workers from retaliation for exercising their rights under the ETS. Workplace Protections: Vaccination, Testing, and
As of Friday, Nov. 5, 2021, at least a dozen states have filed lawsuits against the newly announced COVID-19 vaccination and testing mandate. Some states have filed jointly, while others filed individually. The mandate compels private employers with at least 100 workers to require COVID-19 vaccinations or accept negative tests from unvaccinated employees each week.
9/23/21 Dear ABC Inc. employee, The federal government recently announced plans requiring employers with more than 100 employees to mandate COVID-19 vaccines or require weekly testing for unvaccinated employees. The Occupational Safety and Health Administration (OSHA) is expected to issue further guidance in the coming weeks, though the exact timeline is unclear. In keeping
On Aug. 30, 2021, the IRS issued Revenue Procedure 2021-36 to index the contribution percentages in 2022 for determining affordability of an employer’s plan under the Affordable Care Act (ACA). For plan years beginning in 2022, employer-sponsored coverage will be considered affordable if the employee’s required contribution for self-only coverage does not exceed: 9.61% of
To prepare for open enrollment, group health plan sponsors should be aware of the legal changes affecting the design and administration of their plans for plan years beginning on or after Jan. 1, 2022. Employers should review their plan documents to confirm that they include these required changes. In addition, any changes to a health
Attracting Restaurant Employees Post-coronavirus The COVID-19 pandemic has taken a toll on many industries—and the hospitality industry is no exception. Now, as lockdowns disappear and restrictions loosen, more restaurants are resuming normal business operations. As the demand for dining increases, the hiring scramble is on for restaurants. In addition to employee and customer health and
On June 10, 2021, the Occupational Health and Safety Administration (OSHA) announced its COVID-19 Healthcare Emergency Temporary Standard (ETS). The ETS was developed to protect health care and health care support service workers from occupational exposure to COVID-19 in settings where people with COVID-19 are reasonably expected to be present. The ETS is effective June
Transcript: Legal Update DOL Proposes Rule to Clarify When Tips Wages Apply On June 21, 2021, the US Department of Labor (DOL) announced a proposed rule to clarify when employers can claim a tip credit to compensate their tipped employees. The Fair Labor Standards Act allows employers to claim a tip credit when compensating
LEGAL UPDATE: Changes to FFCRA Leave in the American Rescue Plan The American Rescue Plan Act, signed into law March 11, 2021, includes changes to emergency paid sick leave and paid family leave under the Families First Coronovirus Response Act (FFCRA). While the FFCRA’s leave requirements expired at the end of December 2020, the tax
Industry trends, protocols and in-demand skills are always changing. Especially in today’s job market, employers can remain competitive by prioritizing employee learning and development (L&D) efforts. Why It Matters Employee retention rates increase by between 30% and 50% for companies with strong learning cultures. In addition, L&D opportunities can increase overall morale due to increased
Effective March 23, 2010, the Patient Protection and Affordable Care Act amended the Fair Labor Standards Act (FLSA) to require employers to provide a nursing mother reasonable break time to express breast milk after the birth of her child. The amendment also requires that employers provide a place for an employee to express breast milk.
Negligence Negligence, in regards to employment, is a claim brought by an individual seeking to hold an employer liable for the damages (injury) caused by an employee. The elements for establishing a negligence claim in employment are basically the same as for a standard negligence claim. As applied in the employment context, these elements are:
Introduction As the frequency of employment-related lawsuits and costs of defense continue to rise, investing in effective training of supervisors and employees can generate substantial savings for employers. Adequate and effective training reduces the number of claims, and assists in lowering the risk of an adverse outcome for the employer as courts and juries respond
Holidays for State Employees State agency employees are entitled to a paid day off from work on a national, state, and skeleton crew holiday observed by the state of Texas. A state agency must have enough state employees on duty during a state holiday to conduct the public business of the agency, except on state
Introduction Whenever an employer hires a new employee, the employer provides that person with access to the organization’s most valuable assets: its people, its customers, and its way of doing business. Given that the average American will change jobs seven times over a work life, chances are high that some of that information will eventually
Introduction Workers’ compensation is an employer-financed, no-fault insurance program that compensates employees who have been disabled because of a work-related injury or accident. Every state has enacted some form of workers’ compensation law to protect employees against loss of income and burdensome medical payments resulting from a work-related injury, illness, or disease. Compliance with these
The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) requires all states to adopt laws requiring employers to report information on newly-hired employees to the state child support agency. Texas law regarding new-hire reporting is located at Tex. Family Code §§ 234.101 – 234.105. Pursuant to the law, Texas employers must report
Stolen Valor Act Effective September 1, 2015, the Texas Stolen Valor Act (Tex. Labor Code §§ 105.001 – 105.003) permits employers to take adverse action against an employee for falsifying his or her military record in to obtain employment or any benefit related to the employee’s employment. Coverage The law applies to all employers. Protected
Access to Personnel Files Although Texas has no general law regarding an employee’s right to access the employee’s own personnel files, the state does have provisions concerning state employees. State Employees Pursuant to Tex. Govt. Code § 552.021, public information is available to the public at a minimum during the normal business hours of the
Introduction Whistleblowing occurs when an employee brings the wrongdoing of an employer to the attention of the proper authorities. Wrongdoing encompasses any dangerous, illegal, or unethical activity or practice engaged in by an organization or its employees. Whistleblowing may also involve bringing concerns to light about misconduct within an organization or within an independent structure
Employers must make and maintain records in compliance with the following federal laws: Age Discrimination in Employment Act (ADEA). Americans with Disabilities Act (ADA). Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Electronic Signatures in Global and National Commerce Act (ESIGN). Employee Polygraph Protection Act (EPPA). Employee Retirement Income Security Act of 1974 (ERISA). Employment
If conducted with inappropriate planning and training, a pre-employment investigation can be a potential source of liability. Pre-employment investigations should not be used as an off-the-record investigation into an applicant’s background. Therefore, when conducting pre-employment investigations, employers should consider the following general guidelines: Employers should use pre-employment investigation tools that are reasonable, appropriate, and relevant
The state’s anti-discrimination laws discussed here are as follows: Employment discrimination law (Tex. Lab. Code Ann. §§ 21.001 – 21.556). Equal work, equal pay law (Tex. Govt. Code Ann. § 659.001). Rights and responsibilities of persons with disabilities law (Tex. Human Resources Code Ann. §§ 121.001 – 121.011). Employment Discrimination Law The provisions of Texas
By law, remedial action to end harassment must be taken promptly. According to the Equal Employment Opportunity Commission (EEOC) Guidelines, a duty to investigate arises when an employer receives a complaint or otherwise learns of alleged harassment in the workplace. The EEOC Guidelines further provide that after remedial action, the employer has a duty to
Minimum Wage Texas’s minimum wage law is located at Tex. Lab. Code §§ 62.001 – 62.205. Covered employers must pay employees the federal minimum wage, which is $7.25 per hour. Texas has not enacted a general overtime pay law; however, employers are still bound to the requirements set forth by the federal Fair Labor Standards Act
Texas law contains several provisions related to military leave. The Texas military forces are comprised of the Texas Army National Guard, the Texas Air National Guard, and the Texas State Guard. All three branches are administered by the state Adjutant General, an appointee of the Governor of Texas, and fall under the command of the Governor. Public
Schedule the performance appraisal well in advance. Let the employee know if he/she is required to prepare anything for the appraisal meeting such as: Accomplishments of the past year/ appraisal period; Developmental goals for the coming appraisal period; Area of most improvement for the past appraisal period; Training needs or desires; Performance goals for the
Private employers, state and local governments, and educational institutions are required to post notices in compliance with the following acts: Age Discrimination in Employment Act (ADEA). Americans with Disabilities Act (ADA). Employee Polygraph Protection Act (EPPA). Equal Pay Act (EPA). Fair Labor Standards Act (FLSA). Family and Medical Leave Act (FMLA). Occupational Safety and Health
Employers are cautioned not to interpret this information as the complete text on payroll taxes and withholding. Tax rates are subject to changes annually. Employers should consult the many Internal Revenue Service (IRS) documents, other available resources, or an applicable legal entity on this topic. For example, the IRS’ Circular E, Employer’s Tax Guide, outlines the
Quick Facts: The Affordable Care Act (ACA) added two employer reporting requirements to the Internal Revenue Code (Code): Code § 6056 requires applicable large employers (ALEs) to provide an annual statement to each full-time employee detailing the employer’s health coverage offer. Code § 6055 requires employers that provide minimum essential coverage under a self-funded (self-insured) plan to provide an annual statement
Introduction Under immigration laws and regulations, employers may legally hire workers only if they are U.S. citizens or aliens authorized to work in the United States. This article addresses the federal rules that govern documentation of eligible employees, antidiscrimination enforcement, and temporary and permanent employment of foreign nationals. Per §§ 274A – 274C of the
Categories for Discipline Situations that necessitate discipline fall into the following three broad categories and require different approaches, for example: Misconduct. Employees are doing something they should not be doing. Poor Performance. Employees are not doing something they should be doing. Attendance Policy Violations. Employees are unreasonably or excessively absent from the workplace or tardy to the workplace.
General Principles Discipline of employees often gives rise to employment litigation. The following general guidelines for managing employees with disciplinary problems may help employers avoid litigation. Employers must have clear disciplinary standards and evidence that employees were given notice of the standards. In implementation, the standards must be applied uniformly. Additionally, the organization should retain
Introduction Employers may sponsor wellness programs as a means to promote better health and higher morale among employees, with the hope that helping employees to embrace a culture of health will lead to higher productivity with lower health-related costs. Wellness plans may be included in health insurance programs, or they may stand alone. These plans
Violence in the workplace is a serious problem. Homicides are a major cause of death among workers, but their impact and cost are considerably outweighed by the prevalence of near-misses, physical assaults, abusive behavior, and threats of violence. One of the most important ways to minimize violent incidents at work is to engage in preventive
An employer may hire individuals as independent contractors or employees. The determination of whether a worker is an “employee” or an “independent contractor” is crucial when it comes to things like unemployment insurance, workers’ compensation, and wage and hour laws. The failure of an employer to properly classify a worker under each law may have
The Texas Payday Law is located at Tex. Lab. Code §§ 61.001 – 61.095. As used in the law, wages means compensation owed by an employer for: Labor or services rendered by an employee, whether computed on a time, task, piece, commission, or other basis. Vacation pay, holiday pay, sick leave pay, parental leave pay, or severance pay owed
Texas Termination Employment-at-Will Texas is an employment-at-will state. Absent a statute or an express agreement (such as an employment contract) to the contrary, either party in an employment relationship may modify any of the terms or conditions of employment, or terminate the relationship altogether, for any reason, or no particular reason at all, with or
Federal Drug and Alcohol Testing Requirements The following federal laws regulate drug and alcohol testing in the workplace: Americans with Disabilities Act. Title VII of the Civil Rights Act. Genetic Information Nondiscrimination Act. Transportation employees and the Department of Transportation regulations. Drug-Free Workplace Act. Note: State laws also regulate drug and alcohol testing. See the Drug
Legal Duty to Train Employees As the frequency of employment-related lawsuits and costs of defense continue to rise, investing in effective training of supervisors and employees can generate substantial savings for employers. Adequate and effective training reduces the number of claims, and assists in lowering the risk of an adverse outcome for the employer as
Common Law Invasion of Privacy Coverage The following states, including the District of Columbia, apply the common law invasion of privacy: Alabama Alaska Arizona Arkansas California Colorado Delaware Florida Georgia Idaho Indiana Illinois Iowa Kansas Kentucky Louisiana Maine Maryland Michigan Mississippi Missouri Nevada New Jersey New Mexico Ohio Oregon Pennsylvania Tennessee Utah Vermont Washington West
401(k) Plans – Compliance Solutions: Hiring and Monitoring Third-Party Service Providers Due to the complexity of compliance and potential costs of failure to be compliant, employers often hire outside professionals (third-party service providers) to augment their use of internal administrative committees and their human resources department. These outside experts are engaged to consult or manage
Interviewing Steps Taking the following steps when preparing for interviews will help to ensure a smooth and accurate interviewing and hiring process. Identify critical knowledge, skills, and abilities (KSAs) the candidate must possess in order to be successful in the position. Select key interviewers. Solicit interview questions from all interviewers based on the description of
Federal Contractors This section covers the following wage and hour laws and executive orders that apply strictly to federal contractors: Executive Order 13658. The Walsh-Healey Public Contracts Act. The Davis-Bacon and Related Acts. The Contract Work Hours and Safety Standards Act. The McNamara-O’Hara Service Contract Act. Executive Order 13658 Executive Order 13568, signed by President
Texas Paid Sick Leave Texas does not have a statewide paid sick leave; however, the cities of Austin and San Antonio have implemented paid sick leave ordinances. Austin Paid Earned Sick Time Important: On August 17, 2018, an Austin-based appeals court temporarily blocked the city’s paid sick leave ordinance from going into effect while portions of the law
General Safety Plan Template Introduction This sample safety plan template must be customized for each company location to reflect the unique exposures related to your business. Resources to assist you, along with best practice tips, are noted throughout this template to help you accomplish this goal. Review the copy here, but we recommend that you download the customizable
Texas Recruiting and Hiring Voluntary Veterans’ Preference Pursuant to Tex. Labor Code §§ 23.001 – 23.003, effective as of September 1, 2015, private employers may adopt a policy under which the employer may give a preference in employment decisions regarding hiring, promotion, or retention to a veteran over another qualified applicant or employee. Such policy
Minimum Essential Coverage (MEC) Minimum essential coverage (MEC) means and includes the following types of health care coverage: Employer-sponsored coverage (including self-funded [self-insured] plans, COBRA coverage, retiree coverage, or coverage under an expatriate health plan for employees). Coverage purchased in the individual market, including insurance purchased directly from an insurance company, a qualified health plan
Texas Holiday Leave Holidays for State Employees State agency employees are entitled to a paid day off from work on a national, state, and skeleton crew holiday observed by the state of Texas. A state agency must have enough state employees on duty during a state holiday to conduct the public business of the agency,
Texas Workplace Smoking Smoking in Public Places According to Tex. Pen. Code § 48.01, smoking — which includes burning tobacco, smoking tobacco, and e-cigarettes — is prohibited in the following public places: Public schools. Elevators. Enclosed theaters and movie houses. Libraries. Museums. Hospitals. Transit system buses, intrastate buses, and public airplanes and trains. Child care
Effective Training Characteristics Effective training requires thorough planning and preparation. Planning requires that employers establish both training goals and strategies as the foundation to the training program. The following are critical elements of effective programs: Training classes should be conducted by qualified instructors. The qualification of the instructor not only extends to training ability, but
Additional Dispute Resolution Procedures Conciliation Conciliation is a process in which a third party, called a conciliator, restores damaged relationships between disputing parties by bringing them together, clarifying perceptions, and pointing out misperceptions. The conciliator may or may not be totally neutral to the interests of the parties. Successful conciliation reduces inflammatory rhetoric and tension,
Alternative Dispute Resolution Overview Alternative dispute resolution (ADR) systems are designed to resolve conflicts and avoid costly and time-consuming litigation. ADR is generally all forms of dispute resolution without a trial. A model ADR program is designed to immediately bring disputes to the attention of key decision makers in an effort to settle the issue
The federal Fair Labor Standards Act (FLSA) does not require employers to provide lunch or coffee breaks to employees. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), the FLSA considers the breaks as compensable work hours that would be included in the sum of hours worked during the workweek
While the federal Fair Labor Standards Act (Act) prescribes standards for the basic minimum wage and overtime pay, it does not govern how wages must be paid to employees. Payment of wages is almost exclusively governed by state law. The use of payroll card accounts by employers for wage payment purposes is one area that
When developing a workers’ compensation policy, employers must consider the workers’ compensation laws of the state in which they operate. However, there is much that is standard in all workers’ compensation laws — the no-fault aspect, the fact that workers’ compensation is the only remedy for workers injured on the job, and the fact that
Introduction Workers’ compensation is an employer-financed, no-fault insurance program that compensates employees who have been disabled because of a work-related injury or accident. Every state has enacted some form of workers’ compensation law to protect employees against loss of income and burdensome medical payments resulting from a work-related injury, illness, or disease. Compliance with these
A retirement plan has many benefits for an employer, for an organization, and for employees. Retirement plans allow investing in the future now for financial security when an employer and employees retire. As a bonus, an employer and employees get significant tax advantages and other incentives. Employer Benefits There are several benefits to the employer
Employee benefits play an increasingly important role in the lives of employees and their families and have a significant financial and administrative impact on a business organization. Most companies operate in an environment in which an educated work force has come to expect a comprehensive benefits program. Indeed, the absence of a program or an
The federal Fair Labor Standards Act (FLSA), located at 29 U.S.C. §§ 201 et seq., establishes minimum wage, overtime pay, recordkeeping, and child labor requirements for full-time and part-time employees in the private sector and in federal, state, and local governments. According to Department of Labor statistics, the FLSA’s provisions affect more than 130 million
The Employee Retirement Income Security Act of 1974 (ERISA) is located at 29 U.S.C. § 1001 et seq. with corresponding regulations at 29 C.F.R. Part 2509 et seq. ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector employee benefit plans. Purpose of ERISA ERISA was intended to:
Accidents Happen It’s a fact of life that at some point employees will be injured or contract an illness while on the job. How you respond to getting them back to work significantly impacts their view of their job and the company. Studies have shown that companies with effective advocacy-based return to work programs have
Overview Preparing for an Occupational Safety and Health Administration (OSHA) inspection can be a daunting task for most employers, and the stakes can be high if you are not prepared. For the first time in decades, the penalties for noncompliance increased, along with steeper rates of prosecution for criminal liability in safety negligence cases. It
Introduction This sample safety plan template must be customized for each company location to reflect the unique exposures related to your business. Resources to assist you, along with best practice tips, are noted throughout this template to help you accomplish this goal. Review the copy here, but we recommend that you download the customizable Word version
Self Auditing The employment relationship and required documentation is governed by many different governmental regulatory agencies, each maintaining different priorities and compliance requirements. Many laws, covering such topics as discrimination, safety, and immigration, charge governmental regulatory agencies with specific objectives and require certain documents when regulating an employer’s compliance with these laws. Consequently, an effective
Scenario 1 It is 4:30 on a Friday afternoon. As Mr. Smith collects his things to leave, he receives a call from an Office of Federal Contract Compliance Programs (OFCCP) Officer. The officer informs Mr. Smith that a complaint has been filed with his office and an on-site review/investigation will be conducted first thing Monday
Respondeat Superior (Vicarious Liability) Negligence Negligent Retention and Supervision Cloud Computing and Trade Secrets Potential Claims Against Employers Preventive Strategies Technology is a workplace necessity that unfortunately leads to employer liability for employees’ misuse under the theories of respondeat superior (vicarious liability) and negligence. Respondeat Superior (Vicarious Liability) An employer may be held vicariously liable
Monitoring Social Networking Sites Social Media Privacy Laws Monitoring Employees in the Workplace National Labor Relations Board Federal Legislation Record Retention Merriam-Webster defines social media as forms of electronic communication (such as websites for social networking and microblogging) through which users create online communities to share information, ideas, personal messages, and other content (such as
Tracking technology is an area of technology that has a big impact on the workplace. Through the use of technology, employers have the ability to track their employees doing many work-related tasks, including driving and computer keystrokes. Tracking Employee Location GPS devices installed in company vehicles or cell phones allow employers to track how and
Technology provides many options for employers to streamline operations and increase efficiency. Additionally, as the workforce continues to change, with Baby Boomers retiring and Millennials entering the workforce at a high rate, the impact and necessity of technology becomes vital to a business’ success. Empirical evidence clearly shows that Millennials, who grew up in the
Introduction This article reviews some of the methods employers may use and some of the restrictions imposed on the use of these methods to gather information in the workplace on job-related concerns. The contrast between employees’ expectations of personal privacy and employers’ understandable desire to collect and use employee information for efficient management has increased
Federal and state laws closely regulate the employment of minors, imposing special restrictions on the terms and conditions of their employment. These laws also impose additional administrative duties on employers. For instance, an employer may be subject to criminal penalties, civil liability, and a substantial penalty under workers’ compensation statutes if a minor is injured
According to Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, certain employers that contract with the federal government are required to provide employees working on or in connection with those contracts with one hour of paid sick leave for every 30 hours they work and up to 56 hours of paid sick leave
As life becomes more stressful and employees feel the pressures of balancing work and family concerns, time off becomes highly valuable to employees. Although conceptually, the practice of paying employees for not working is costly, time off from work is an employment benefit that far outweighs its costs. Among the many benefits for employees are
There are myriad legal claims that may be brought by an employee who has been terminated. Understanding the legal basis of the claim can help employers avoid frivolous claims by former employees. Wrongful Discharge Wrongful discharge can be defined as a termination of an employee that violates public policy, a contractual agreement, or a covenant
Employment-at-Will In all U.S. states, with the exception of Montana, employment relationships are presumed to be “at-will.” This means that in an employment relationship for no specific duration, an employer may terminate an employee at any time, for any reason (except an illegal one), or for no reason at all. Similarly, an employee is free
Negligence, in regards to employment, is a claim brought by an individual seeking to hold an employer liable for the damages (injury) caused by an employee. The elements for establishing a negligence claim in employment are basically the same as for a standard negligence claim. As applied in the employment context, these elements are: That
Employers are continuously faced with the challenge of finding effective and successful employees. There are many different techniques and practices for the hiring process. The process outlined below is designed to serve as a guide for hiring a candidate who will be successful within the employer’s organization. Developing a Profile Developing a profile involves the
Many employers spend a great deal of time and money dealing with employees that should not have been hired. This problem exists because the only measure of a hiring program’s success is the speed by which an available position is filled. A truly efficient hiring program, however, hires people who do the job required without
Legal Concerns A policy should contain guidelines to limit the organization’s legal risks and the employer should follow the guidelines if telecommuting is put into practice. Occupational Safety and Health Administration Employers are required by law to maintain a safe workplace for employees, even if it is at home. Based on recent policy announcements, the
A growing number of employers are allowing their employees to choose whether to work at home or from an alternative worksite. Because the practice often involves computer and telecommunications technology, it is known as telecommuting (also referred to as telework, virtual, and working remotely). Reports indicate that almost 11.1 million employees telecommuted as far back as 1997.
It is critical that employers correctly determine whether individuals providing services are employees or independent contractors. Independent contractors are workers who have contractual agreements to complete jobs and who have complete control over their job performance. This article considers some of the advantages to using independent contractors, outlines ways to distinguish between employees and independent
Top 10 FLSA Mistakes Lawsuits under the Fair Labor Standards Act (FLSA) continue to dominate federal court dockets. According to the Department of Labor’s Wage and Hour Division, the division recovered more than $240 million from employers on behalf of more than 270,000 workers during fiscal year 2014. Given the high cost of an FLSA lawsuit
OSHA Hazard Communication Standard Chemicals pose a wide range of health hazards (such as irritation, sensitization, and carcinogenicity) and physical hazards (such as flammability, corrosion, and reactivity) in the workplace. The Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HCS) is based on the idea that employees have both a need and a right
Supreme Court Extends Same-Sex Marriage Rights On June 26, 2015, in a 5 – 4 decision, the Supreme Court decided in the case of Obergefell v. Hodges that the Fourteenth Amendment to the U.S. Constitution requires all states to grant same-sex marriages and recognize same-sex marriages lawfully performed in other states as a fundamental right.
Texas Plant Closings Texas does not have a state law regarding plant closing. Employers having 100 or more employees (not counting employees who worked less than 6 of the last 12 months and not counting employees who average less than 20 hours a week) are subject to the federal Worker Adjustment and Retraining Notification Act
Texas Victim Leave Witness Leave Texas’ witness leave law, located at Tex. Lab. Code § 52.051(a), applies to all employers. The law prohibits employers from terminating an employee because of the employee’s compliance with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding. Penalties Penalties vary according to the source of
Most Frequently Cited OSHA Violations – 2015 The following were the top 10 most frequently cited standards in fiscal year 2014 (October 1, 2014 through September 30, 2015): Fall protection, construction (29 CFR 1926.501) Hazard communication standard, general industry (29 CFR 1910.1200) Scaffolding, general requirements, construction (29 CFR 1926.451) Respiratory protection, general industry (29 CFR
Question of the Month: What are the new Fair Labor Standards Act (FLSA) rules for paying highly-compensated employees using incentive pay? Answer: The FLSA regulations contain a special rule for highly-compensated employees (HCEs) who are paid a total annual compensation of $134,004 or more (as of December 1, 2016). A highly-compensated employee is deemed exempt
Unfair Labor Practices by Employers: Conduct to Avoid The National Labor Relations Act (NLRA) defines the rights of employees to organize and join a union, and to bargain collectively with their employers through union representatives. In addition to providing rules for union elections and the collective-bargaining process, the NLRA also protects employees in
Texas School Visitation Leave School Visitation Leave According to Tex. Govt. Code Ann. § 661.206, state employees who are the parents of children in prekindergarden through grade 12 may use up to eight hours of sick leave each fiscal year to attend educational activities of their children. An educational activity is a school-sponsored activity, including
Introduction Job descriptions play an important role in minimizing employee-related liability. Along with employment policies and employment contracts, job descriptions define the employment relationship. Job descriptions often become critical evidence in employment disputes. In particular, job descriptions play an important role in disability discrimination cases and the determination of which employees are exempt from the
Recordkeeping Requirements Apprenticeship/Training Programs Texas employers who are involved in apprenticeship, on-the-job training, or other training or retraining programs must keep records reasonably necessary to carry out the purposes of the law, including a list of applicants for participation in the program, and a record of the chronological order in which applications for the program
Texas Drug and Alcohol Testing Texas Workforce Commission According to the Texas Workforce Commission, under Texas law, there is almost no limitation on the right of private employers to adopt drug- and alcohol-testing policies for their workers. However, public employers and contractors are more limited by law and judicial decisions. A private employer should only
The FLSA: A Brief Introduction The federal Fair Labor Standards Act (FLSA), located at 29 U.S.C. §§ 201 et seq., establishes minimum wage, overtime pay, recordkeeping, and child labor requirements for full-time and part-time employees in the private sector and in federal, state, and local governments. According to Department of Labor statistics, the FLSA’s provisions
Texas Voting Leave According to the Texas voting leave law, located at Tex. Election Code Ann. §§ 276.001 – 276.010 and applicable to public and private employers, employees are entitled to take paid time off for voting on election days, unless the employee has at least two consecutive hours to vote outside of the his
FOR IMMEDIATE RELEASE: Agreement with highly-respected insurance and financial services firm showcases GBE&W’s expanding industry leadership as entrepreneurial employer and executive benefits agency DALLAS, TEXAS – July 20, 2016 – GBE&W, a noted entrepreneurial employee and executive benefits firm, announced that the group benefits division of Johnson Financial Group, a long respected independent benefits and
Texas Privacy in the Workplace Common Law Invasion of Privacy Texas employers should know that Texas courts recognize the following three of the four common law invasion of privacy claims: Intrusion upon the solitude or seclusion of another. Public disclosure of private facts. Appropriation of name or likeness. Although several lower courts and federal courts
Social Media in the Workplace Merriam-Webster defines social media as forms of electronic communication (such as websites for social networking and microblogging) through which users create online communities to share information, ideas, personal messages, and other content (such as videos). According to a 2016 study conducted by several universities: There are approximately 1.32 billion monthly active users
Compensability of Training Time Employment Related Training Programs Employer-Sponsored Training Programs Generally, time spent attending employer-sponsored training programs is compensable for nonexempt employees. However, when the activity meets all of the following four criteria, an exception applies to required compensation: Attendance is outside of the employee’s regular working hours. Attendance is voluntary. The course, lecture,
Texas Whistleblower Protection Whistleblower Protections Texas’ general whistleblower protection provisions are found in the Texas Employment Discrimination Law at Tex. Lab. Code § 21.055. The law covers labor unions, employment agencies, agents of employers, elected public officials, and any person engaged in an industry affecting commerce and employing 15 or more employees. The law also
With limited exceptions (discussed below), neither the federal Fair Labor Standards Act (FLSA) nor Texas law requires employers to give breaks during the workday. However, if breaks are given, certain rules apply under federal law and employers may impose their own conditions on the use of break time. Rest or coffee breaks (defined as 20
George Belcher Evans & Wilmer invites you to a ThinkHR webinar: Making Sense of the Department of Labor’s New Exemption Rules Tuesday, June 14 and Wednesday, June 15 at 8:30 a.m. Pacific Register Today Join Robin Shea, partner at the national labor and employment law firm Constangy, Brooks, Smith & Prophete, LLP and the ThinkHR team for
Leading entrepreneurial employer and executive benefits firm expands its industry prominence with purchase of independent benefits agency
Introduction All employers must report the hiring, rehiring, and return to work of all paid employees. A few of the many procedural goals of reporting are to detect fraud, help locate individuals for establishing paternity, and/or establishing, notifying, and enforcing child support orders. New-hire reports are matched against child support records at the state and
Many employers spend a great deal of time and money dealing with employees that should not have been hired. This problem exists because the only measure of a hiring program’s success is the speed by which an available position is filled. A truly efficient hiring program, however, hires people who do the job required without
Question: What is the best day of the week and time of the day to perform a termination of employment? Answer: There are varying viewpoints as to the best time to terminate an employee; however, many HR professionals agree that the meeting should probably take place early in the week, and early in the day.
Question: Aside from company holiday parties, do holiday party concerns apply to happy hour events? Answer: Yes. Very often employers assume that because an event is not onsite during normal business hours, the organization is free of any liability or risk. The holiday season is a great time of year to remind employers that any
Question: If the company has no power and sends employees home for the day, how do we pay employees? And does it matter if the employee is exempt or nonexempt? Answer: In general, there are two sets of rules for paying employees depending upon their classification under the Fair Labor Standards Act (FLSA) as it
Introduction Employers use performance evaluations to assess work performance. The evaluations also assist employees in providing information about deficiencies in work performance and the organization’s expectations for the future. Written performance evaluations are best because a written evaluation creates a tangible record, which may be reviewed and referenced in the future. The evaluation process generally
Question: Can you provide guidelines for developing a performance-based compensation plan? Answer: Performance-based compensation plans vary by the “personality” of the organization. What follows is a set of guidelines for designing a plan, and you will need to think about what best fits in your company. We strongly recommend that you involve your executive management
Introduction Technological advances have had a great impact on communication and the distribution of information in today’s business world. With internal voice mail systems, computer networks, and worldwide electronic mail, workplace communication is more extensive and faster than ever. As business moves toward the paperless office with the increased use of email, voice mail, and
General Principles Discipline of employees often gives rise to employment litigation. The following general guidelines for managing employees with disciplinary problems may help employers avoid litigation. Employers must have clear disciplinary standards and evidence that employees were given notice of the standards. In implementation, the standards must be applied uniformly. Additionally, the organization should retain
Question: Is an inside sales position exempt or nonexempt? Answer: The answer to this question really depends upon the duties of the position, not the title. What the federal Fair Labor Standards Act (FLSA) actually considers is the compensation paid the position, the education and training requirements for the position, and the specific job duties.
Employers may administer nonmedical tests to applicants prior to extending an offer of employment. However, if any test tends to screen out individuals with disabilities, the employer must be able to demonstrate that the test is job related and consistent with business necessity. For example, the ADA regulations require that any specific abilities that a
Professionals in the safety and health industry are concerned with developing what they call a safety culture in the workplace. Basically, this is a pervasive feeling, shared by each employee of an organization, that employees are responsible for their own safety and health and for the safety and health of every other worker in the
Introduction Whenever an employer hires a new employee, the employer provides that person with access to the organization’s most valuable assets: its people, its customers, and its way of doing business. Given that the average American will change jobs seven times over a work life, chances are high that some of that information will eventually
It is critical that employers correctly determine whether individuals providing services are employees or independent contractors. Independent contractors are workers who have contractual agreements to complete jobs and who have complete control over their job performance. This article considers some of the advantages to using independent contractors, outlines ways to distinguish between employees and independent
Introduction Scenario 1 It is 4:30 on a Friday afternoon. As Mr. Smith collects his things to leave, he receives a call from an Office of Federal Contract Compliance Programs (OFCCP) Officer. The officer informs Mr. Smith that a complaint has been filed with his office and an on-site review/investigation will be conducted first thing
Introduction This article reviews federal laws relevant to smoking in the workplace. It also outlines ways to prevent or minimize the problem of secondhand smoke in the workplace and provides a checklist of considerations for implementing a company smoking policy. Additionally, employers should be aware that many states have enacted bans on workplace smoking. Federal
Take the following steps to ensure smooth onboarding of all new employees: Schedule new hire orientation. Prepare the following new hire documents: Form I-9. Form W-4. Confidentiality agreement. Emergency contact information. Benefit forms. Employee handbook. Offer letter and job description. Direct deposit form. Organizational chart. Phone list and office map. Safety instructions. Personnel action form.
Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefis: stronger relationships between employees and management; a sense of collegiality; instant updates on employees’ life changes. However, accessing employees’ social media pages could expose the employer to legal liability. Read more
The National Transgender Discrimination Survey found that 90% of respondents were harassed or mistreated at work for being transgender or hid who they were to avoid such treatment, and 26% had lost a job because they were transgender. Read more…
According to the Pension Benefit Guaranty Corporation: A multi-employer plan is a collectively bargained plan maintained by more than one employer, usually within the same or related industries, and a labor union. These plans are often referred to as “Taft-Hartley plans.” Most plans are jointly administered and governed by a board of trustees, with labor
Federal and state laws exempt certain employees from wage and hour requirements, such as overtime pay. An “exemption” means that the overtime law does not apply to a particular classification of employees. Properly classified exempt employees are paid a fixed amount each pay period, generally based upon an annual salary, regardless of hours worked each
Performance-based compensation plans vary by the “personality” of the organization. What follows is a set of guidelines for designing a plan, and you will need to think about what best fits in your company. We strongly recommend that you involve your executive management team in the key decision points so that the design of the
From: Federal Law Alerts Annual EEO-1 Survey Now Open The Equal Employment Opportunity Commission (EEOC) announced that it has completed its mailing of the 2015 EEO-1 survey notification letters and the survey is now open. The EEO-1 is an annual survey that must be filled out by all private employers with 100 or more employees,
George Belcher Evans & Wilmer invites you to a ThinkHR webinar: Making Sense of the Department of Labor’s New Exemption Rules Tuesday, June 14 and Wednesday, June 15 at 8:30 a.m. Pacific Register Today Join Robin Shea, partner at the national labor and employment law firm Constangy, Brooks, Smith & Prophete, LLP and the ThinkHR team for
Creating and Managing Job Descriptions Introduction Job descriptions play an important role in minimizing employee-related liability. Along with employment policies and employment contracts, job descriptions define the employment relationship. Job descriptions often become critical evidence in employment disputes. In particular, job descriptions play an important role in disability discrimination cases and the determination of which
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Antidiscrimination Enforcement Employers are prohibited from discriminating when hiring or promoting on the basis of national origin or citizenship status. If an investigation reveals that an employer has engaged in unfair immigration-related employment practices under the Immigration and Nationality Act (INA), the Office of Special Counsel for Immigration-Related Unfair Employment Practices may take action. An
Entrepreneurial employer and executive benefits firm expands its industry leadership in merger with prominent benefits agency
To protect against claims of negligent hiring, Texas employers are encouraged to perform background checks on prospective employees. In fact, Texas law requires background checks on individuals applying for certain state licenses and employees of certain industries. For example, Texas requires background checks on the following: Personnel at public and private schools. Employees of agencies
