DOL to change FMLA forms: The U.S. Department of Labor (DOL) Wage and Hour Division is proposing revisions to its notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (FMLA).  Employers may, but are not required to, utilize the model forms to satisfy their notice requirements under the law and to obtain necessary information to determine whether a proposed leave qualifies for FMLA protection.  Comments are being accepted on the proposed changes through October 4, 2019. In addition to general layout and formatting modifications, other proposed changes to the model forms include: adding additional information on the substitution of paid leave and concurrent leave usage on the Notice of Eligibility and Rights & Responsibilities; reducing the number of questions on the certification forms requiring written responses and replacing them with statements that can be verified by checking a box;  reorganizing the layout of medical certification forms to more efficiently determine whether a condition qualifies as a serious health condition; and clarifying the circumstances in which follow up information may be obtained from healthcare providers. Versions of each form with the proposed revisions can be found on the Department of Labor’s website.  Source:  Proskauer 8/30/19

Update on EEO-1 filings: In its required status report, filed pursuant to Court Order, EEOC announced it is preparing a Notice of Information Collection – Employer Information Report (EEO-1) to seek authorization from the Office of Management and Budget (OMB) for the collection of pay data going forward.  As a reminder, OMB approval for the data collection expires September 30, 2019 – the same deadline imposed by the court for the current reporting period for the EEO-1 Component 2 data. Once published in the Federal Register, EEOC states “the public will be invited to submit comments to the Commission.”  Almost assuredly, the Notice will request employers submit information regarding the utility and burden associated with the data collection, as EEOC Commissioner Vicki Lipnic recently discussed.  EEOC also reported that approximately 13.4% of eligible filers have already submitted their pay data.  In a previously filed, interim report, EEOC suggested the filing threshold should be deemed complete, and the Court’s Order for collection of the data deemed satisfied, once EEOC received data from 72.7% of eligible filers.  According to EEOC, there are approximately 37,000 filers “who have neither contacted the NORC Component 2 Help Desk, registered for access to the online portal, or submitted data.”  The Agency reported it will begin attempting to contact these filers via phone.  Source:  Jackson Lewis 9/9/19

More candidates prefer face-to-face interviews: According to a new survey of more than 2,000 U.S. adults conducted online by The Harris Poll on behalf of Yoh, 62% of Americans would prefer to be interviewed for a job in-person rather than virtually if given the choice. Among Americans who say they would prefer an in-person interview, reasons include:  In-person interviews would be the only way to truly judge a new job opportunity (59%); virtual interviews would limit the connection with the interviewer (37%); and virtual job interviews would offer too many opportunities for technical difficulties (17%).  However, there is still a portion of Americans who prefer a virtual interview. Results show that 38% of Americans say they would prefer a virtual job interview over an in-person job interview, with almost one-quarter of Americans (22%) saying it would allow them to feel more relaxed than an in-person interview.  Interestingly enough, more than two thirds of college graduates (68%) say they would prefer an in-person interview over a virtual interview, in comparison to 57% of those with a high school diploma or below and 61% of those with some college but no degree.  Source:  CCH 9/4/19

Texting is the preferred way to contact a candidate: Nearly every person who would be applying for a job with your company knows how to text. In most cases, all one needs is a cellular phone, a service plan, and some sort of typing capability (either manual controls or a “voice-to-text” feature). Internet access is not necessary as long as SMS messages can be sent and received.   Given that text is currently the most utilized data service worldwide, with approximately 23 billion texts sent every day, it seems readily apparent that it can be used in hiring. Rather than pursuing a candidate through laborious email and telephone correspondence and working to accommodate the individual’s current work schedule, personal life, and concerns of discretion, employers can cut approximately half of that time spent by communicating through text message. Interviewing by text allows you to operate outside of the confines of a normal workday and geographical time differences, and the response time is often less than one minute. In so doing, you prioritize efficiency by reducing: (a) the amount of time spent on disinterested candidates and for hiring decisions overall; (b) the travel costs and environmental impact not spent on travel; and (c) and the likelihood of losing a valuable candidate due to lack of engagement.  Source:  Fisher Phillips 9/3/19

Payroll advances by employers rising:  A growing number of companies are helping workers gain access to payroll advances and loans, reflecting concern over the impact money problems are having on productivity levels and worker retention.  Employers including Walmart Inc. and Pima County, Ariz., have recently added these services. The aim is to help cash-strapped employees, many with damaged credit, cover unexpected expenses without resorting to high-cost debt.  “Employers have woken up to the fact that a majority of workers are having a lot of trouble simply getting by, never mind getting ahead,” said Sophie Raseman, head of financial solutions at Brightside, a company Comcast Corp. co-founded that provides financial guidance to workers and is testing payroll loans with some corporate clients.  Because the services deduct repayments from workers’ paychecks before the money goes to their bank accounts, default rates tend to be low.  According to an Employee Benefit Research Institute survey of 250 employers last year, 12% offer accelerated pay. The same percentage offer short-term loans repaid through payroll deductions. Another 4% and 6% plan to add the services, respectively. This may be a short-term help to employees but could sustain a long-term societal issue.  Source:   Wall Street Journal 9/2/19

Music soothes the work soul: Zappos has partnered with Fender on Strum for the Sole, an employee wellness program that provides workers with a Fender music learning app and instruments available in a jam room on Zappos' campus. The companies believe the program will harness the "healing powers of learning an instrument" and encourage work-life balance by allowing employees to reduce stress and increase their creativity and confidence through the program, a press statement said.  Citing neuroscientist and author Daniel Levitin, Zappos noted that learning an instrument has emotional and health benefits, and can grow peoples' patience, confidence, and persistence over time.  Source:  HR Dive 9/6/19