Category: State Law Updates

Employer Tips For Preventing Sexual Harassment Claims

According to the Equal Employment Opportunity Commission (EEOC), employers have a duty to investigate sexual harassment complaints and must take actions to prevent the recurrence of such offensive conduct in their workplace. In addition to these actions, an employer should have a sexual harassment policy in place outlining the company’s intolerance for sexual harassment.

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Year-End HR Compliance Checklist

It’s the end of the year and having a year-end HR compliance checklist is a crucial tool to ensure that your organization is meeting all legal and regulatory requirements related to human resources. Below is a checklist that covers various HR compliance areas for the end of the year. Employment Records and Documentation Make sure […]

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Employee Handbooks vs. Policies

What Is The Difference Between Employee Handbooks And Policies And Procedures Manuals? An employee handbook is written with employees as the intended audience. It is most often written using a straightforward layout for easy referencing of company policies and procedures and is a vehicle for familiarizing employees with basic company policies and benefit programs, as […]

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Pay Transparency Is on the Horizon

As the number of states that require pay transparency rises, it’s clear that the trend of pay transparency is not going away. Just because the state you’re operating in doesn’t yet require disclosing salary or pay equity information, it’s advised that you don’t wait until it does.

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Pay Transparency Expectations for Your Company

Employers Continue to Prepare for Pay Transparency As the number of places that require pay transparency rises, it’s clear that the trend of pay transparency is not going away. Just because the state you’re operating in doesn’t yet require disclosing salary or pay equity information, it’s advised that you don’t wait until it does. It’s […]

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Department of Labor Guidance on Telework and FMLA

DOL Eligibility Rules Under FMLA When Employees Telework The U.S. Department of Labor (DOL) has published a Field Assistance Bulletin (FAB) that includes guidance on how to apply eligibility rules under the Family and Medical Leave Act (FMLA) when employees telework or work away from an employer’s facility. FABs provide guidance to DOL Wage and […]

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Podcast: Explaining Pay Transparency Laws – What Employers Should Know

Chris Cooley and HR expert Emily Frederick discuss pay transparency laws including what some states are requiring and how employers can prepare for pay transparency compliance.  Timestamps:  1:24  What does pay transparency mean for an employer?  1:45  What is the goal of pay transparency? 2:12  Why is it important to address pay inequity from an […]

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Tips for Training Managers on FMLA Compliance 

What is the Family and Medical Leave Act (FMLA)? The Family and Medical Leave Act (FMLA) is a federal law providing eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons. FMLA compliance is crucial for employers to avoid significant penalties. In general, eligible employees may take up to 12 […]

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Employer Information About Pay Transparency

Pay transparency is when an employer openly communicates pay-related information through established practices to current or prospective employees. Employers can provide this information through various channels, such as online job sites, job postings or during an interview. As a result of changing labor markets, more and more employees are demanding pay transparency. Further, some jurisdictions […]

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Is Long Covid-19 Still Affecting The Workplace?

Long COVID-19 Is Keeping Up to 4 Million Workers Out of Labor Market Long COVID-19—long-term effects stemming from COVID-19 infection—continues to impact the labor market and the health of employees. The U.S. Census Bureau’s June to July 2022 Household Pulse Survey found that 16.3 million working-age Americans currently have long COVID. It has been reported […]

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Form I-9: Don’t Make These Mistakes

Common Form I-9 Mistakes to Avoid Despite employers’ best efforts, complying with Form I-9 requirements can be difficult. Unfortunately, many employers leave their organizations’ Form I-9 operations to untrained staff or fail to dedicate sufficient time and resources to the process, resulting in numerous errors and untimely completion of Form I-9 tasks. Even small errors […]

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Are HR Compliance Requirements Increasing For Your Business? Work Smarter.

According to Ernst & Young’s Global Payroll Survey, keeping up with regulatory compliance changes was identified as the second-highest compliance challenge. But as your business grows, those compliance concerns you have today don’t go away — most often, they will multiply. Some of the biggest areas employers lose sight of as they grow include compliance with benefits […]

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Things to Know When Hiring In Other States

Hiring Across State Lines Means Multi-State Compliance These days as an employer, hiring looks different. The world is your oyster, meaning the recruitment pool is nationwide. We are no longer limited by location to find the talent that can help our business to become more successful. However, hiring in a post-pandemic world has many pros […]

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New Updates To EEOC Covid Workplace Policies

As of July 12, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers on COVID-19 testing and vaccine in the workplace. Employers now need to show that mandatory COVID-19 testing of employees is job-related and consistent with business necessity, as defined by the ADA. In determining whether a mandatory testing measure meets […]

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Proposed Overtime Rule Expected in October 2022

In its recent spring regulatory agenda, the U.S. Department of Labor (DOL) announced its plans to issue a proposed overtime rule in October 2022. According to the agency’s regulatory agenda, this proposed rule is expected to address how to implement the exemption of executive, administrative and professional employees from the Fair Labor Standards Act’s (FLSA) […]

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EEO-1 Deadline Extended for 2021 Reports

Employers subject to equal employment opportunity reporting (EEO-1) requirements now have until June 21, 2022 to file their workforce data from 2021. The initial deadline had already been delayed from March 31 due to the COVID-19 pandemic.

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EEOC and DOL Issue Guidance on Artificial Intelligence and ADA Disability Discrimination

On May 12, 2022, the Equal Employment Opportunity Commission (EEOC) and U.S. Department of Labor (DOL) each issued new technical assistance documents about how employers’ use of artificial intelligence (AI) and other software tools to make employment decisions may result in unlawful disability discrimination under the Americans with Disabilities Act (ADA).  EEOC Guidance  The EEOC’s […]

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Your Website Might Not Be ADA Compliant!

Learn How Your Business Website Design Can Become An HR Risk DOJ Guidance on the ADA and Web Accessibility for Businesses and State and Local Governments On March 18, 2022, the U.S. Department of Justice (DOJ) issued guidance on how public and private entities can ensure that their websites are accessible to individuals with disabilities, […]

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More Answers to Updated IRS Tax Credit FAQs

The ARPA suspended the requirement that taxpayers repay any excess advance payments of the premium tax credit for 2020. Highlights of this article: The IRS’ fact sheet addresses FAQs regarding filing individual tax returns that include premium tax credit issues. The FAQs detail how receiving unemployment compensation in 2020 or 2021 affects household income. The […]

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ALERT: March 2022 ACA Deadlines Are Here!

The landmark health care reform legislation enacted in March 2010 was designed to expand the availability of health insurance, reform the regulation of health coverage and restructure its delivery.  A key component—and a key cause of confusion—within the ACA is the employer mandate, which requires employers with 50 or more full-time or full-time equivalent (FTE) […]

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Workplace Litigation Report Warns of Increased EEOC Enforcement in 2022

The Equal Employment Opportunity Commission (EEOC) is likely to increase enforcement efforts in 2022. According to law firm Seyfarth Shaw’s annual Workplace Class Action Litigation Report the EEOC is likely to increase enforcement in the coming year. The report provides a circuit-by-circuit and state-by-state review of significant class-action rulings and offers an analysis of significant […]

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FAQs, Workplace Poster Issued for Calif. Supplemental Paid Sick Leave

The California Department of Industrial Relations has published answers to frequently asked questions (FAQs) and a poster for employers to use in connection with the state’s new COVID-19 supplemental paid sick leave law. The law takes effect Feb. 19, 2022, but is retroactive to Jan. 1, 2022. FAQs  There are 37 FAQs in all, covering the following topics:  General Questions […]

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California Passes Supplemental Paid Sick Leave for COVID-19 

Governor Gavin Newsom signs COVID sick leave bill California has enacted a new supplemental paid sick leave law requiring employers with more than 25 employees to provide them with up to 80 hours of paid leave for specific COVID-19-related reasons. The requirement takes effect on Feb. 19, 2022, but it is retroactive to Jan. 1, 2022. California previously had a […]

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Schedule for EEO-1 Reporting Announced

The Equal Employment Opportunity Commission (EEOC) announced that it will open the 2021 EEO-1 Component 1 Report on April 12, 2022 with a due date of May 17, 2022.  The EEOC’s announcement indicates that both dates are “tentative” and EEO-1 opening and closing dates have been subject to modification by EEOC in recent years.  The […]

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EEOC Issues New Guidance on COVID-19 and ADA Disability

On Dec. 14, 2021, the Equal Employment Opportunity Commission (EEOC) issued 14 new answers to frequently asked questions (FAQs) about what employers may or may not do to comply with federal fair employment laws during the COVID-19 pandemic. The new FAQs specifically address the definition of “disability” and how to determine whether an individual with COVID-19 meets it under the Americans with Disabilities Act (ADA). 

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EEOC Guidance on Retaliation & Interference Related To The Pandemic

EEOC addresses concerns about retaliation. The new FAQs, which were added to the EEOC’s existing guidance on COVID-19 and fair employment issues, address the rights of employees and applicants who believe they suffered retaliation for protected activities under the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act or other employment discrimination laws.

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Are Your Background Checks FCRA Truly Compliant? A Helpful Overview.

FCRA Compliance for Employers Using Consumer Background Checks As the end of the year comes to a close, many businesses will be running their annual background checks. This overview will outline the steps an employer must take to comply with the FCRA. The Fair Credit Reporting Act (FCRA) is a federal law that restricts how […]

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EEOC Adds FAQs Addressing Religious Objections to COVID-19 Vaccine Mandates

On Oct. 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about how employers should comply with Title VII of the federal Civil Rights Act. The new FAQs address questions about religious objections to employer COVID-19 vaccine requirements. They were added to the FAQs that the EEOC initially issued on March 18, 2020, and then updated several times. The last major update to this guidance was made in May 2021. The EEOC also made minor updates to some of the Q&As on Oct. 13, 2021.This Compliance Bulletin contains the EEOC’s updated FAQs in full.

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Signs That OSHA ETS, Vaccination Mandate Is Moving Forward

As OSHA Submits Draft of COVID-19 Vaccine Mandate ETS As Next Step Recently, the Occupational Safety and Health Administration (OSHA) announced that it submitted a draft of its emergency temporary standard (ETS) for private employers requiring mandatory COVID-19 testing or vaccination to the Office of Management and Budget (OMB). The ETS will require all businesses […]

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Surcharges For Nonvaccinated Individuals – Things To Consider

On Aug. 23, 2021, the Food and Drug Administration (FDA) gave full approval to the Pfizer-BioNTech COVID-19 vaccine (now marketed as Comirnaty) for individuals 16 years of age and older. As a result, many employers are exploring options related to COVID-19 vaccination status within their workforce, including whether to charge a premium surcharge for nonvaccinated […]

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EEO-1 Deadline Extended Again To October 25, 2021

Employers now have even more extra time to submit equal employment opportunity (EEO-1) workforce data from 2019 and 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced on Aug. 18, 2021. The 2019 and 2020 EEO-1 reports were previously due These reports were previously due by Aug. 23, 2021, which was an extension from a previous […]

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Employers Deal With “Long-Haul Covid” And How It Affects The Workplace

We’re nearing the end of 2021 and we are beginning to see further effects of COVID-19 in those who have had the virus previously. As people begin to get back to work, we see that some have been affected by the COVID-19 virus with continuing symptoms. The CDC has begun to refer to this condition as having “long-haul covid.” As COVID “long-haulers” re-enter the workplace they may qualify for ADA accommodations.

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EEOC Extends EEO-1 Deadline for 2019 and 2020 Data to Aug. 23

Employers now have some extra time to submit equal employment opportunity (EEO-1) workforce data from 2019 and 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced on June 28, 2021. These reports were previously due by July 19, 2021. Employers now have until Aug. 23, 2021, to complete their submissions. The EEOC’s collection of this […]

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He Said, She Said, We Said… Gender Sensitivity In The Workplace

Our workplace continues to change, with diversity and inclusivity in the forefront. One element of diversity, equity and inclusivity (DEI) is gender identity and acknowledgement of an employee’s preferred pronouns. More employees are entering the workplace with gender identities and expressions that are different than what we may expect when we discuss gender, creating a need for more understanding.

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Are Your Post-Covid Work Policies Up To Date?

Protect Your Workplace In A Post-Covid Time. 8 Policies To Review For New Post-Covid Office Norms Returning to in-person work is a top priority for many workplaces. As the impact of the COVID-19 pandemic lessens, employers are eager to get employees back in their buildings. But that comes with a series of complications. New policies, […]

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EEOC Announces New Sexual Orientation and Gender Identity Employment Resources

June 16, 2021 – The Equal Employment Opportunity Commission (EEOC) has announced the release of new employment resources intended to educate employees, applicants and employers on the rights of all employees—including lesbian, gay, bisexual and transgender workers—to be free from sexual orientation and gender identity discrimination in employment. These resources are not new EEOC guidance, […]

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Podcast: New Vaccine Mandate Q&A.

Can Employers Mandate Vaccination For Work? Many employers are struggling with whether they can mandate the COVID-19 vaccination for work. Employers Are confused as to what they can and can’t do as the COVID-19 becomes more prevalent and how to navigate new CDC guidance. Join us as we speak with Bill Gault with Nippes, Healy […]

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Employers Should Be Careful Asking If An Employee Has Been Vaccinated.

May 27, 2021 – Now that many federal and state officials have relaxed COVID-19 safety rules for people who are fully vaccinated, employers may want to ask workers for proof of their COVID-19 vaccination status. But employers should be careful not to ask for more information than is necessary. According to the U.S.  Equal Employment Opportunity […]

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California Labor Law Poster Changes

Update Your California and Federal Workplace Labor Law Posters New Labor Law Poster Changes FFCRA Paid Time Off Law: Covered Employees in the public or private sector who work for employers with more than 25 employees are entitled to up to 80 hours of COVID-19 related sick leave from January 1, 2021 through September, 2021, […]

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Can I Require Employees To Get A COVID-19 Vaccination?

The COVID-19 vaccine has created a new buzz. With hope comes concern and many questions are already beginning to be asked. As COVID-19 vaccines become available, many employers are asking if they can require employees to get vaccinated, and what they can do if workers refuse. The Equal Employment Opportunity Commission (EEOC) weighed in with […]

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This 2020 HR Checklist Helps End The Year In Compliance

See our updated HR Checklist HERE. Out with 2020, in with the new year. In many ways, the final weeks of the year can be a little less demanding for most employees—a season of office parties, celebratory staff lunches, and vacation time. However, it’s one of the busiest periods for HR professionals. Before we can […]

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California Anti-Harassment Training Deadline for 2021

Many employers put off the training in early 2020, due to COVID-19 stay-at-home orders and hoped by summer they could reschedule. Because in-person training continues to be difficult, many employers thought the governor might further extend the deadline. This is not the case. The deadline still stands, steadfast as January 1, 2021.

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Mandatory Masking for Some Workers

With the recent lift of coronavirus restrictions, more businesses are opening, but the number of cases are still rising. Masks are being advised or mandated in many states to slow the spread.

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Avoid these top mistakes made in screening of employees

Have you ever wished you knew something important before you made a mistake? Important parts of the hiring/re-hiring and management component of a company include background checks and screening. Being thorough about checking into your workforce and continually monitoring, can make a difference. Being diligent about screening can often help your business avoid complex HR […]

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New EEOC Employer Guidance on Coronavirus and the ADA

An Updated Q&A On EEOC Employer Guidance on Coronavirus and the ADA 1. QUESTION: Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition? ANSWER: No. Although the ADA prohibits discrimination […]

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An Update on State Employee Leave Requirements

States Update Employee Leave Requirements for Coronavirus States are increasingly enacting laws and issuing new rules and guidance on employee leave taken as a result of COVID-19. State actions on employee leave come in addition to paid employee leave required by the Families First Coronavirus Act passed by Congress. Key features of new laws and […]

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EEOC Updates for COVID-19 and the ADA

EEOC Updates Employer Guidance on Coronavirus and the ADA On May 7, 2020, the Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) while also observing all applicable emergency workplace safety guidelines during the coronavirus pandemic. The new FAQs […]

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Protection from Sexual Harassment in the Workplace

Training is the best defense –The topic of sexual harassment is on the rise. Sexual harassment in the workplace can have a toxic effect on a business’ brand and culture leading to low employee morale, reduced productivity, and even criminal liability. What is sexual harassment? According to the EEOC, “harassment does not have to be […]

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UPDATE: California SB 778 Deadline Extended

The deadline for employee sexual harassment training mandated by the State of California’s SB 778 has been extended. Plan now to educate your employees by the new deadline by using MyHRConcierge’s HRCompli E-Learn service.

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EEOC Deadline approaching September 30,2019!

EEOC Component 2 Deadline Approaches on September 30, 2019! On July 1st, 2019, the EEOC sent a letter by USPS notifying companies of the immediate reinstatement of the revised Componenet 2 EEO-1 collection for 2017 and 2018. Why is the EEOC important, you ask? Perhaps the most important role of the Equal Employment Opportunity Commission […]

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Labor Law Poster Updates in January through March 2019

Stay Compliant with Mandatory Labor Law Poster Updates Many states have issued mandatory Labor Law Poster updates between September 2018 and March 2019. If you need an updated labor poster, please CLICK HERE to order a current and fully-compliant Federal and State labor poster. STATE UPDATE DESCRIPTION MANDATORY POST DATE Michigan Minimum Wage + Paid […]

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State Law Updates – July 2018

MyHRConcierge updates our list of state employment law changes for July 2018. Some of these changes include minimum wage hikes and updates to policies on family and medical leave, pregnancy accommodations, immigration, and franchisee rules.

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State Law Updates – June 2018

As part of our effort to keep you abreast of changes in state laws, we have outlined below certain law changes that were noted in June 2018 that might be of interest. The list below is not a complete list of all state law changes. Therefore, we recommend you discuss any specific issues your company may […]

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