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OSHA’s New Reporting and Recordkeeping Rule Goes into Effect on January 1, 2015

December 16, 2014

On September 11, 2014, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a final rule which updates the reporting and recordkeeping requirements for injuries and illnesses, found at 29 C.F.R. 1904. The rule goes into effect on January 1, 2015. Changes to recordkeeping requirements Under OSHA’s ...
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Hand Washing Helps Defeat the Flu

December 12, 2014

H3N2 influenza viruses led to record numbers of deaths in the 2004, 2008, and 2013 flu seasons. Doctors are concerned because this type of virus appears to be dominating the 2015 flu season. Employers should stress optimal health and hand-washing behaviors in their workplaces to avoid the threat of flu and keep their workplaces healthy and ...
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Supreme Court Washington DC USA

Supreme Court Rules Employers Not Required to Compensate Employees for Security Screenings

December 11, 2014

On December 9, 2014, the U.S. Supreme Court unanimously held that the Fair Labor Standards Act (FLSA) did not require employers to pay employees for time spent waiting and undergoing antitheft security screenings when leaving the employer’s facility. See Integrity Staffing Solutions, Inc. v. Busk, No. 13-433 (Dec. 9, 2014). The case concerned ...

From the Hotline: Holiday Gifts

December 18, 2014

Question: During a holiday party, can the employer be responsible for “no appropriated presents” when the group is doing grab bags or surprise presents, for example, in case an employee feels that the present represents something against their religion? Answer: Removing any potential liability can be done through simply placing guidelines ...

From the Hotline: HRA and Different Classes of Employees

December 18, 2014

Question: Can a health reimbursement account (HRA) plan have two classes of employees with two different allocations? Can the HRA contribution be different depending on which plan the employee is enrolled in if the plans have different deductibles? Answer: The answer to both of your questions is generally yes, provided that the plan does not ...

Federal Employment Law Update – December 2014

December 17, 2014

NLRB Issues Final Rule Regarding “Quickie Elections” On December 15, 2014, the National Labor Relations Board (NLRB) published its long-awaited Final Rule on “quickie elections.” The Final Rule significantly expedites the election process and makes it more difficult for employers to defend against elections. The new rule shortens the time ...

California Employment Law Update – December 2014

December 17, 2014

Paid Sick Leave – New Posting and Notice Requirements The California Labor Commissioner has made available the poster template and revised notice to employees required under the state’s new paid sick leave law (A.B. 1522) which goes into effect on January 1, 2015. View the Poster Template View the Revised Notice ...

Colorado Employment Law Update – December 2014

December 17, 2014

Revised Civil Rights Commission Rules and Regulations On December 15, 2014, the Colorado Civil Rights Commission adopted revisions to its rules and regulations (3 CCR 708-1). The rules serve as a set of standards that provide guidance and identify factors that will be taken into consideration in determining whether there has been a violation of ...

Illinois Employment Law Update – December 2014

December 17, 2014

Chicago – Minimum Wage Increase On December 2, 2014, the Chicago City Council passed an ordinance increasing the minimum wage to $13 an hour by 2019. The minimum wage will increase in the following phases: Effective July 1, 2015, the city minimum wage will increase to $10 per hour or the minimum wage set by the federal Fair Labor Standards ...

New York Employment Law Update – December 2014

December 17, 2014

Mandated Insurance Coverage – Gender Dysphoria On December 11, 2014, the New York State Department of Financial Services (DFS) issued guidance to all New York insurers that they may not deny medically necessary treatment for gender dysphoria — a condition when a person’s gender at birth is contrary to the one with which they ...

Texas Employment Law Update – December 2014

December 17, 2014

State Contractors – E-Verify On December 3, 2014, outgoing Governor Rick Perry issued an executive order requiring all state agencies and contractors to use E-Verify to determine the legal status of employees. The order went into effect upon signing. Read Executive Order No. RP-80 ...

From the Hotline: Pay and Holiday Party

December 17, 2014

Question: Is the employer required to pay employees during the company holiday party if it is during work hours? Answer: If a company party is held during any portion of an employee’s normally scheduled work hours and the employee is permitted to attend during those work hours, even if voluntary, a nonexempt employee must be compensated. In ...

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