EverythingPeople gives valuable insight into the developments both inside and outside the HR position.
5 December 2023
The Employee Retention Credit (ERC) has emerged as a crucial lifeline for businesses grappling with the aftermath of the COVID-19 pandemic. As deadlines loom on the horizon, it becomes imperative for businesses to grasp the intricacies of the ERC, ensuring a correct and timely claim.
28 November 2023
21 November 2023
14 November 2023
ASE has advised on this in the past but with the current state of social media use and the growing rancor and divisiveness in society we remind employers again: employers do have rights when it comes to its employees’ off-work verbal and social media communications.
7 November 2023
The U.S 7th Circuit Court of Appeals recently ruled that a case can go to trial on whether an employer was required to provide an accommodation to an employee that had difficulty driving at night and whose shift ended at 9:00 p.m. According to the court, the main question before it is whether the employee was entitled to a modified work schedule as an accommodation to make his commute safer.
The Sixth Circuit Court of Appeals is looking at an employer’s delivery driver expense plan. Under federal law a business can reimburse delivery drivers through a reasonable approximation of their expenses rather than using a mileage expense method, as long as the total reimbursement, along with any wages does not reduce the driver’s take home pay below minimum wage.
In short, yes, employees who telework are eligible for Family Medical Leave Act/ FMLA leave on the same basis as employees who report to any other worksite to perform their job. An employee who has worked for an employer for at least 12 months, has at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave, and works at a location where the employer has at least 50 employees within 75 miles is eligible for FMLA leave.
31 October 2023
10 October 2023
On Monday October 2, 2023, the EEOC released its new proposed Harassment Guidance for comment to the public. Comments must be in by November 1, 2023.
3 October 2023
19 September 2023
Since 1966 private employers with 100 or more employees and federal contractors with 50 or more employees and that meet certain criteria are required to report annually the number of individuals they employ by job category, sex, and race or ethnicity. The EEO-1 report, although filed in 2023, is for the 2022 year. So, the report is called 2022 EEO-1 Component 1.
5 September 2023
As reported last week, on August 30, 2023, the U.S. Department of Labor (DOL) announced it is proposing a revised rule that will increase its Salary Level Test by revising part of the Exemption Tests in its regulations. To be classified as an exempt employee under the DOL regulations, the job must meet three tests as outlined by the FLSA regulations:
29 August 2023
The White House Office of Management and Budget (OMB) has approved the U.S. Department of Labor’s Office of Federal Contract Compliance Program’s new scheduling letter. The updated scheduling letter applies to supply and service compliance evaluations scheduled on or after August 24, 2023.
22 August 2023
15 August 2023
Early last week the Department of Labor issued notice of proposed regulations that provide employers guidance on how to comply with the newly enacted Pregnant Workers Fairness Act (PWFA). The PWFA took effect June 27, 2023, and applies to employers with 15 or more employees.
9 August 2023
Not unexpectedly, last week the National Labor Relations Board (NLRB) changed its work rule test. The NLRB’s work rule test assesses whether particular employer policies (rules) illegally restrict workers’ rights. The Biden labor Board, now comprised of his appointees, and its General Counsel stated that since this Administration came into office, it would be reviewing many Trump-era labor rules and this rule in particular.
8 August 2023
The U.S. Department of Labor’s Office of Federal Contractor Compliance Programs (OFCCP) issued final regulations on August 4, 2023, that essentially gut the 2020 rule on Predetermination Notices (PDN). Essentially, the new rule takes out all transparency of the conciliation process.
1 August 2023
25 July 2023
The U.S. Citizenship and Immigration Service (USCIS) announced that an updated Form I-9 will be available August 1, 2023. This will replace its Form I-9 that has been in use since October 2019. Since November of 1986, employers hiring any person to perform labor or services in the United States must have a completed I-9 form on file for that employee.
18 July 2023
With the enactment of both the Pregnant Workers Fairness Act (PWFA) effective June 27, 2023, and the Nursing Mothers Act also known as the PUMP Act, covered employers should consider adding new policies to communicate compliance and inform employees what they are providing them as a result of those laws.
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