Labor & Employment Law

5 Year BLOG-iversary

Posted on November 18, 2009
Alas, it has been so many years since I started this blog that I almost forgot its 5 YEAR anniversary until I was standing in front of 125 participants attending a HRNY (Human Resources Association of New York) talking about recent federal legislation and I remembered a rainy November weekend five years ago when I started this blog (November 12, 2004 to be exact)...

HR is NOT the Cafeteria Police

Posted on November 08, 2009
HR is NOT and should never be, under any circumstances whatsoever, responsible for egg salad sandwiches, toilet paper in the rest room, and other nonsensical issues related to boorish behavior or poor manners.  There, I've said it and feel a little better...

Model Notice Issued NYS Labor Law Section 195

Posted on October 29, 2009
The New York State Department of Labor has just issued a model notice for employers and a fact sheet (for both employers and employees) explaining the new requirement under Labor Law Section 195 which requires employers to advise new hourly employees of, among other things: their hourly rate their potential overtime rate The form also includes notice of pay days which was already required under state law...

National Defense Authorization Act of 2010 Expands the FMLA

Posted on October 29, 2009
Yesterday President Obama signed into law the National Defense Authorization Act of 2010 which greatly expands the federal Family and Medical Leave rights of military personnel and their families.  Some of the notable changes for private sector employers include: Eligible employees will be able to take military caregiver leave for veterans who served in the regular Armed Forces, the Reserves within 5 years of the date the veterans undergoes medical treatment, recuperation, or therapy...

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Why do Employees Stay in Their Jobs?

Posted on October 24, 2009
It seems that employers and employees don't necessarily agree.  A recent survey suggests that  "...Employers and employees have dramatically different opinions of why workers remain in their jobs, showing US companies may struggle to retain employees in an improved job market...

2010 Benefit Plan Contribution Limits Just Released by IRS

Posted on October 17, 2009
2010 Benefit Plan Contribution Limits 401(a)(17)/ 404(l) Annual Compensation 245,000 402(g)(1) Elective Deferrals (Your 401(k) Contribution Limit) 16,500 408(p)(2)(E) SIMPLE Maximum Contributions 11,500 414(q)(1)(B) HCE Threshold 110,000 414(v)(2)(B)(i) Catch-up Contributions 5,500 415(b)(1)(A) DB Limits 195,000 415(c)(1)(A) DC Limits 49,000 219(b)(5)(A) IRA Contribution Limit 5,000 219(b)(5)(B) IRA Catch-Up Contributions 1,000 457(e)(15) Deferral Limits 16,500   The Internal Revenue Service just issued an announcement on the cost-of-living adjustments applicable to dollar limitations for pension plans and other items for tax year 2010...

EEOC Issues Proposed Rule Under ADAA

Posted on October 15, 2009
The EEOC recently voted to approve a Notice of Proposed Rulemaking to conform its ADA regulations to the Amendments Act of 2008. The NPRM was published in the Federal Register on September 23, 2009. Some highlights of the proposed rule: The definition of 'disability' is to be broadly interpreted...

More on Texting While Driving

Posted on October 11, 2009
So, maybe the federal government is smart after all.   President Obama recently signed an Executive order that bans texting while driving for federal government employees.  It immediately affects 4.5 million federal and military personnel...

Working from Home: Some Thoughts for HR

Posted on September 21, 2009
With the price if gas inching north again and the recession upon us, more and more employees are working remotely.  While the availability of technology provides the tools to enable many of us to work at home, it will not work for all of us.  The fact that it will not work for all of us really has nothing to do with technology - it's us...

More on the Fringe of Employer Liability

Posted on September 18, 2009
This time, the question is whether an employer can be held liable for injuries occurring in a car accident in an employees commute home?  Well, if you are in California, the answer may be yes.  In an interesting case involving Warner Brothers, an employee was traveling his usual commute home, although this time from a business conference (not his regular job) and was involved in an accident resulting in several injuries...

USDOL Beefs Up Enforcement

Posted on September 16, 2009
There has been a great deal of speculation about increased government enforcement in the wake of the recession and the new administration in Washington.  Well, now the rubber has hit the road.  Asserting that "employment and labor laws are regularly and systematically violated," the US Department of Labor has begun the process of hiring hundreds of new employees to focus on enforcement of federal labor laws...

USCIS E-Verify Guide Issued Specifically for Government Contractors

Posted on September 14, 2009
As everyone knows, government contractors are now required to use use E-verify.  The requirement to use E-verify went into effect on September 8th.  In an effort to assist contractors who have not previously used the system, USCIS has issued a comprehensive guide specifically for contractors...

Federal Contractors Required to Use E-Verify September 8

Posted on September 08, 2009
Today, all Federal Contractors are required to use USCIS' E-Verify system to verify employee eligibility to work in the United States.  E-verify compares the information provided by the employee on the I-9 form with information contained in the federal government databases...

Weight Discrimination - As Prevalent as Race Discrimination?

Posted on September 03, 2009
According to a recent study, weight discrimination, particularly against women, may be an emerging form of discrimination in the workplace.  According to the study by The International Journal of Obesity: "Among obese people, approximately 28 percent of men and 45 percent of women said they have experienced discrimination because of their weight...

COBRA Participation Has Doubled Since Passage of ARRA

Posted on September 01, 2009
The ARRA's COBRA subsidy, which provides reduced COBRA charges to eligible individuals has prompted about twice as many eligible participant to elect COBRA than otherwise would have without the subsidy.  The Joint Commission on Taxation estimates that about 7 million people will use it for some part of 2009...

CDC's Latest H1N1 Communication Toolkit for Businesses and Employers

Posted on August 31, 2009
The Centers for Disease Control has made available a  Communication Toolkit for Businesses and Employers in order to provide tools to deal with what is predicted to be a heck of a flu season this year - possibly affecting half of us!  The guidance is a hefty 37 pages and contains the following: Quick Reference for Business 2009 H1N1 Flu Planning and Response A Fact Sheet for Employers - Actions Steps to Keep Your Business and Employees Healthy A Fact Sheet for Employees - 8 Ways You Can Stay Healthy at Work A Poster for Workplace Entrances to Remind Sick Employees to Go Home 3 Template E-mails (or Letters) for Businesses to Send to Employees Text Messages for Businesses to Send to Employees Additional Communication Resources for Businesses to Share with Employees Additional Web Resources for Businesses to Use for Planning Now is the time to start thinking about how you will handle and possibly modify your HR policies...

Expiration Date of Form I-9 Extended to 08/12

Posted on August 29, 2009
Just a quick note to mention that USCIS has amended the I-9 form to reflect a new revision date of Aug. 7, 2009. But, that does not mean that the forms you are currently using are obsolete. Employers can use the Form I-9 with the revision date (located on the bottom right of the form) of either Aug...

Even the Smallest Employers Can be the Target of Wage & Hour Investigations by Federal Agencies

Posted on August 27, 2009
Think you're under the radar and too small to be pursued by the U.S. Department of Labor for allegations of wage and hour violations?  Think again.  Long Island Business News reports that the USDOL has commenced a law suit against a Pizzeria on Long Island...

A Modest Victory for New York Voters

Posted on August 24, 2009
I rarely stray from the subject of HR and employment law on this blog, but I am sure that I can find some sort of connection to the subject here somewhere.  This past July, New York Governor Paterson hand selected and appointed a Lieutenant Governor for New York...

Top Employee Workplace Complaints

Posted on August 19, 2009
For a some lighter fare, a survey of hiring managers around the country by Careerbuilder.com yielded some interesting complaints that employees have about their co-workers.  I, for the life of me, can't believe that in this economy, this is some of the stuff that people are complaining about: Employee is too sun-tanned Employee has big hair Employee wants to check a co-worker for ticks Employee has bells on her shoes and it's not the holidays Employee suspected co-worker was a pimp Employee smells like road ramps Employee's aura is wrong Employee's body is magnetic and keeps de-activating my magnetic access card Co-Worker reminded employee too much of Bambi Employee is so polite, it's infuriating Employee is trying to poison me Employee is personally responsible for the federally-mandated tax increase Employee was annoyed the company didn't provide a place for naps during break time Employee only wears slippers or socks at work Employee breathes too loudly Employee wore pajamas to work Employee spends too much time caring for stray cats around the building 8 a...

Recent EEOC Guidance on Waivers in Employee Severance Agreements

Posted on August 17, 2009
The Equal Employment Opportunity Commission recently issued some friendly guidance on the subject of waivers and releases.  It provides a question and answer format to remind employers of their obligations with respect to waivers in general and with respect to waiver of age discrimination claims...

Fall is Coming and So is the H1N1/Swine Flu

Posted on August 14, 2009
Just as we try to enjoy the last few weeks of Summer, it's not to late to be contemplating the possible effects of the HINI Flu Virus.  The EEOC has also gotten on the bandwagon by making available  guidance information under the Americans With Disabilities Act...

NYS Labor Law Amended to Require Written Notice of Wages on Hire

Posted on August 12, 2009
Governor Paterson recently signed into law an Amendment to the New York State Labor Law affecting employer record keeping requirements.  Generally: Section 1 of the bill would amend Labor Law 195(1) to require employers to provide employees with written notice at the time of hire of their regular and overtime hourly wage rates, and to obtain a written acknowledgment of receipt of this notice...

Lawsuits Spur from After Hours PDA Use

Posted on August 11, 2009
As predicted, the concerns about after-hours cell phone and PDA use without compensation have come to full fruition.  According to a recent WSJ article, several employees of T-mobile have sued the firm alleging that they were required to respond to messages after work and did not receive compensation for it...

NYS Human Rights Law Amended to Add Victims of Domestic Violence or Stalking as Protected Status

Posted on August 10, 2009
Governor Paterson recently signed into law an amendment to the State's Executive Law protecting victims of domestic violence or stalking. This new law specifically applies to employment and hiring practices.   According to the Assembly Bill on this subject: "An act to amend the executive law, in relation to prohibiting employers from discriminating against victims of domestic violence or stalking based upon status as a domestic violence victim...

USDOL Issues Guidance on Furloughs and Other Pay Reductions

Posted on August 09, 2009
The US Department of Labor recently issued guidance on the subject of furloughs and other reductions in pay.  As employers are still trying to deal with the evvect of the languishing economy, many have turned to furloughs and other creative ideas to reduce salary expenses...

NY Governor Paterson Signs Expansion of COBRA in New York State

Posted on July 31, 2009
Governor Paterson recently signed into law an extension of COBRA coverage in New York state.  According to the press release from his office, the following are the most significant changes affecting employers: Expansion of COBRA coverage for Employees to 36 Months: This law will increase the period for employees who lose their jobs to continue their health insurance under COBRA from 18 to 36 months...

Update Your Postings - Federal Minimum Wage Goes Up Today

Posted on July 24, 2009
Don't forget that today the Federal Minimum Wage goes up to $7.25 per hour, from $6.55 per hour!  For most of us here in NY we already have a state minimum wage of $7.15.  But for those employers who pay above the minimum wage, you still need to update your postings!

Workers' Comp Injury - From Your Wellness Program?

Posted on July 22, 2009
Yup.   Interesting discussion about Frank P. Torre v. Logic Technology, where the New York State Court of Appeals awarded Workers' Compensation benefits to an employee who was injured at the gym.  According to the folks at the Workers' Comp Insider: On first glance, a case like this might seem open and shut...

Benefits Plan Planning for 2009 - FREE Comprehensive Resources

Posted on July 20, 2009
Soon, if not already, employers are beginning to review their benefits plans for next year. The survey that I have relied on the most is the Kaiser Family Foundation's Annual Employer Health Plan Survey. This annual survey provides a look at trends in employer-sponsored health coverage, including changes in premiums, employee contributions, cost-sharing provisions, and other relevant information...

EFCA - Looks Like Card Check is Dead

Posted on July 17, 2009
...scrapped in the Senate in exchange for shortened time between authorization card submission and election.  Today's NY Times says: "Though some details remain to be worked out, under the expected revisions, union elections would have to be held within five or 10 days after 30 percent of workers signed cards favoring having a union...

What NOT to Post on Twitter

Posted on July 16, 2009
The following list was intended as, perhaps, comedic advice to job seekers about what NOT to post on Twitter.  I might suggest that this list be observed by the currently employed as well, lest they quickly join the ranks of the unemployed: 1. Never talk about how you get drunk at work! 2...

Text Messages Increasingly Used as Evidence in Sexual Harassment Claims

Posted on July 15, 2009
Textual Harassment?  I recently reviewed a friend's cell phone bill. Her 14 year old son had sent 2500 text messages that month. Seems now that such frequency is not limited to 14 year olds. Your employees are texting and they're not being very nice...

Affordable Health Choices Act

Posted on July 15, 2009
For those feeling too inundated to follow the debate on health insurance at the federal level, here's a basic overview of the what has come out of Senate's Senate's Health, Education, Labor and Pensions (HELP) Committee on this subject. Affordable Health Coverage: Prohibiting Discrimination Based on Health Status...

Facebook: Almost 30% of All Users are Between 35 and 54

Posted on July 10, 2009
It's time to button up those technology, web and social networking policies! Contrary to popular thinking, only about 25% of Facebook users are under 35.  24- to 34-year-olds represent only about 25 percent of users. The reasons for this growth in the older population signing on is attributed to more job networking (or perhaps seeing what their children are doing on there)...

2009 - 2010 Salary Budget Planning - Almost Going Backwards....

Posted on July 08, 2009
Recent research by World at Work in its 2009-2010 Salary Survey shows that based upon a survey of over 2600 companies conducted in May 2009, that your average salary increase for this year will range from 2.0 to 2.3 percent, depending on company level...

EEOC Issued Notice of Proposed Rules Under the ADAA

Posted on July 04, 2009
The EEOC recently voted to approve a proposed Notice of Proposed Rulemaking (NPRM) to conform its ADA regulations to the American's With Disabilities Amendments Act (ADAA). The proposed NPRM is now sent for comment by other federal agencies...

Hiring Summer Help: Doing It Right

Posted on May 17, 2009
For those considering hiring teens this summer, these links to pages on the USDOL website offer useful information for compliance with state labor laws relating to minors. The first is a Summary of State Laws Concerning Child Labor Standards Affecting Minors Under 18...

NYBA Conference

Posted on April 26, 2009
I had the opportunity to speak at the New York Biotechnology Association's Annual Conference at the Marriott Marquis in NYC this past week.  I participated in a panel on Diversity in the Workplace and, not surprisingly, addressed the legal issues associated with workplace diversity programs...

Layoffs, Severance and Other Questions

Posted on April 07, 2009
I have been doing a fair amount of writing lately on the subject of layoffs, severance and related issues.  No wonder with unemployment reaching 8.5%.  In addition to an upcoming article which will appear soon in the Daily Bankruptcy Review, I have also written a lengthy article on planning and communicating for layoffs that will appear in the Journal of Private Equity...

The Binghamton Tragedy and the Workplace

Posted on April 05, 2009
The recent mass shooting in Binghamton shows us the true desperation of some who have been  affected by the current economic climate.  For those of us who are responsible for managing in the workplace this should make us think about the manner in which we treat employees and how our actions can influence such unwanted and unpredictable behavior...

Use of Revised I-9 Now Required

Posted on April 03, 2009
The U.S. Citizen and Immigration Services Department issued a reminder that today, April 3rd is the day to begin using the new I-9 form.  Originally, the new form was to go into effect in February, but that date had been revised to April 3rd.   A few notes are in order: 1...

Oops! A Tweet on Twitter Can Twitter Away a Job Offer

Posted on March 26, 2009
A recent job offer from Cisco caused a recent flurry of web activity for an unfortunate job applicant and demonstrates some of the perils of social media.  Seems that a recent job applicant tweeted the following from her twitter account: "Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work...

My COBRA Webcast

Posted on March 24, 2009
Here is a link to my COBRA Webcast - Ensuring Compliance with the New COBRA Revisions Under the American Recovery and and Reinvestment Act.  Can't believe that I forgot to post this, although I know a number of you accessed this through my recent newsletter...

Department of Labor Issues Model COBRA Notices for Compliance Under ARRA

Posted on March 19, 2009
Today the US Department of Labor issued revised COBRA notices which are intended to help organizations comply with the new COBRA provisions of the American Recovery and Reinvestment Act. There are four new notices available: 1.     General Notice (Full version) – Send this notice to ALL qualified beneficiaries going forward...

Proposed Rule Issued Under the Genetic Information Nondiscrimination Act

Posted on March 10, 2009
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a Notice of Proposed Rule Making implementing employment provisions of the Genetic Information Non-Discrimination Act of 2008 (GINA). Title II of GINA, which relates to employment, goes into effect on November 21, 2009...

The "Reverse Merit Program" - A Crazy Idea for Crazy Times

Posted on March 08, 2009
  In the midst of the current economic crisis and the flurry of employment law activity under the new administration, it's easy to forget the first word of this blog. The whole purpose of the name Strategic HR Lawyer was intended to focus not only on employment law but also elements of strategic human resources management...

Transit Benefit Increase

Posted on March 04, 2009

Ban on Cell Phones While Driving

Posted on March 02, 2009

COBRA Guidance from the USDOL and IRS

Posted on March 01, 2009

Clarifications Issued to NY WARN Act

Posted on February 18, 2009
I recently reported that New York State became one of several other states to enact its own mini-Warn Law.  In summary, the New York State Workers Adjustment and Retraining Notification (WARN) Act requires the following: Employers must provide 90 days’ notice prior to a plant closing, mass layoff or relocation occurring on or after February 1, 2009...

Your 2009 Raise is Going DOWN

Posted on February 12, 2009
World at Work recently issued the results of a recent survey on compensation budget increases for employees for 2009.  The issue relates to whether employers, in light of the economy, are decreasing their salary budgets for 2009 from their original estimates/budgets...

Three Executive Orders Issued by President Obama

Posted on February 09, 2009
President Obama issued three Executive Orders applicable to labor law, which, in part, specifically reversed policy under President Bush.  And, its time for the DOL to update it's website for our new President. Here are the new Executive Orders: Economy in Government Contracting This Executive Order specifically prohibits federal contractors from using federal monies received under their contracts to persuade employees not to join a union...

May 21, 2009 - The New Effective Date for Federal Contractors and E-Verify

Posted on February 03, 2009
The U.S. Citizenship and Immigration Services (USCIS) has announced that Federal Contractors must begin using its E-Verify system beginning on May 21, 2009, to verify employees’ eligibility to legally work in the United States. This rule requires federal contractors to agree, through language in their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors’ current employees who perform contract services for the federal government within the United States...

Issuance of List of Approved I-9 Documents Delayed

Posted on February 02, 2009
U.S. Citizenship and Immigration Services (USCIS) has announced a delay of 60 days for the issuance of an approved list of documents acceptable for I-9 compliance.  For more on the recent USCIS announcement follow this link: USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility

Time To Post Your OSHA 300 - Employer Report of Injuries

Posted on January 15, 2009
By February 1st, most employers must post a summary of workplace injuries which occurred in the the previous year. Even if you had no injuries last year, you must still post the report with “zeros” in the required fields. Follow this link to the Occupational Safety and Health Administration's: Forms for Reporting Workplace Related Illnesses and Injuries By February 1, most employers must report a summary of workplace injuries which occurred in the the previous year...

New FMLA Poster Issued

Posted on January 02, 2009
The US Department of Labor has issued a ervised FMLA poster incorporating the new regulatory changes.  The DOL's site also has some new information and forms which can immediately be used for compliance. Follow these links: Employer Response for Employee Request for Family & Medical Leave - Form WH-381 The DOL's Fact Sheet on the FMLA which can be used to provide general written information about the FMLA to employees who request it...

Time to Goof Off

Posted on December 24, 2008
One of the new themes in time management workshops is to goof off  So, in honor of the Christmas Eve holiday, when those who are working are doing their best to try not to, here are the recommendations: Read a book at work – the general idea here is that it's not supposed to be the latest best selling novel – but if reading works better than staring at a computer when you are trying to learn something at work, then by all means do it...

IRS Mileage Rate for 2009 Goes DOWN to 55 Cents

Posted on November 30, 2008
The IRS recently announced the mileage reimbursement rate for 2009.  It is going from 58.5 cents/mile this year down to 55 cents/mile next year.  Here are the details from the IRS announcement: Beginning on Jan. 1, 2009, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: 55 cents per mile for business miles driven 24 cents per mile driven for medical or moving purposes 14 cents per mile driven in service of charitable organizations The new rates for business, medical and moving purposes are slightly lower than rates for the second half of 2008 that were raised by a special adjustment mid-year in response to a spike in gasoline prices...

Final Rule on the Family & Medical Leave Act

Posted on November 20, 2008
The US Department of Labor recently issued its long-awaited Final Rule under the Family & Medical Leave Act.  The 200+ page document provides commentary and discussion regarding the proposed rules and the Departments rationale for the final rules provided...

Americans With Disabilities Amendments Act of 2008

Posted on October 01, 2008
The new Americans with Disabilities Act Amendments Act of 2008 (ADA A) was signed into law in September and becomes effective on January 1, 2009. There are some interesting changes to judicial interpretations of the original law which many allege had watered down the protection available under the law...

New York State WARN Act Now Law

Posted on August 14, 2008
New York State recently passed its very own "New York State Worker Adjustment and Retraining Notification Act."   Many other states have enacted their own versions of this type of legislation and this one, like some of the others, is far more expansive than the Federal WARN...

Rub a Dub Dub?

Posted on August 14, 2008
Ahhhhh, the dangers of social networking sites.  Well, on second thought, I'm rather glad this story was uncovered!   According to Fox News, "Several Burger King employees in Ohio are looking for new jobs after an Internet video surfaced of one worker bathing in a restaurant sink...

Salary Increase Projections for 2009

Posted on August 09, 2008
For a good overview of salary increase estimates for 2009, follow this link to the Compensation Force Blog for: Salary Increase Data for U.S. & Canadian Metro Areas According to World at Work, which recently issued this information, the projected increases range from 3...

Mileage Reimbursement Rate Increases to 58.5 cents/mile

Posted on August 01, 2008
The Internal Revenue Service recently increased the standard mileage rates for the final six months of 2008.  The rate increases to 58.5 cents a mile for all business miles driven from July 1, 2008, through Dec. 31, 2008.   This somewhat unusual for the IRS to make this adjustment mid-year...

EEOC Guidance On Religious Discrimination

Posted on July 23, 2008
The EEOC issued revised guidance on religious discrimination.  Now available is a new revised chapter of its compliance manual - available here:  EEOC Compliance Manual Section 12 - Religious Discrimination Among the subjects included in the new section are: Coverage issues, including the definition of “religion” and “sincerely held,” Disparate treatment analysis of employment decisions based on religion, including recruitment, hiring, promotion, discipline, and compensation, as well as differential treatment with respect to religious expression; customer preference; security requirements; and bona fide occupational qualifications...

IRS Announces HSA and HDHC Limits

Posted on July 10, 2008
The IRS recently announced the 2009 contribution limits for both Health Savings Accounts (HSA's) and High Deductible Health Care Plans (HDHC's). Here are the new limits: HSA's Contribution Limit – Individual coverage - $3000, Family coverage - $5950HDHC's Minimum Deductible – Individual - $1150, Family - $2300HDHC's Annual Out of Pocket Expense Limit – Individual - $5800, Family - $11600 For more information follow this link to: Revenue Procedure 2008-29

Four Day Work Week to Save Gas

Posted on July 07, 2008
The State of Utah is among the first to permit employees to work 4 days per week in an effort to save on energy costs.  According to Newsday: "In a yearlong experiment aimed at reducing the state's energy costs and commuters' gasoline expenses, Utah is about to become the first state to switch to a four-day workweek for thousands of government employees...

"HEART" Act for Military Personnel to Provide Additional Benefits

Posted on July 01, 2008
The Heroes Earnings Assistance and Relief Tax Act of 2008 is a law that amends the Internal Revenue Code in order to provide certain benefits to members of the military, Reserves and National Guard who work for an employer in addition to performing their military duties...

New I-9 Form Issued

Posted on June 30, 2008
The U.S. Citizenship & Immigration Service has issued a revised I-9 form containing a new expiration date of June 30, 2008.  The original revision date goes back to 2007, so you should be using the newer edition anyway.  According to USCIS any prior forms are not acceptable...

Federal Contractors Now Required to Use e-Verify

Posted on June 20, 2008
President Bush recently issued an order requiring federal contractors to utilize the e-Verify system.  Below is the relevant section of the President's order: "Sec. 5. (a) Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment eligibility of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the Federal contract...

What An Auditor Will Ask in an I-9 Audit

Posted on June 16, 2008
When we are conducting Human Resources/Assessments as part of our practice, it should come as no surprise that we typically audit I-9 Forms.  All too often we see incomplete forms, forms that have not been signed or inconsistent practices with respect to copying documents - all of which cast doubt upon the accuracy and completeness of all of the forms...

Prohibition Against Genetic Discrimination Now Law

Posted on May 26, 2008
...at the Federal level at least.  We already have one of these here in New York.  Bus for the rest of you, this is big news.  The Genetic Information Nondiscrimination Act of 2008 (H.R. 493) or "GINA"   prohibits employers from discriminating against applicants and employees based on genetic tests or genetic information...

A Basic WARN Refresher

Posted on May 12, 2008
With the concern about the economy of late, it's good to find a refresher on the Worker Adjustment Retraining and Notification Act (WARN).  The New York Employment Law Letter has a nice overview of WARN which is must reading for those considering a staff reduction...

401(k) Plan Participants Can Now for Fiduciary Breach

Posted on April 29, 2008
According to fellow Lexblogger, Vicky Johnson, individual plan particpants now have the opportunity to recover damages against plan fiduciaries who breach their responsibilities.  The United State Supreme Court recently held in LaRue v. DeWolff, Boberg & Associates...

Stress at Home Spills Over to the Workplace

Posted on April 22, 2008
We've heard a great deal lately about the gas prices, the economy, sub-prime mortgages and the like - all bad.  I suspect we've also seen the level of stress at work increase as employees carry over the stress from their personal lives into the workplace...

Workplace Waterboarding?

Posted on April 15, 2008
Yes, just when you think you've seen it all.....  The Word On Employment Law Blog points to an article reporting that as part of  motivational training session, a company engaged in waterboarding of a participant in order "to demonstrate to the employees that they should work as hard as the employee being waterboarded was working to breathe...

EEOC Proposes Rule Addressing Disparate Impact Claims Under the Age Discrimination in Employment Act

Posted on April 01, 2008
The EEOC recently issued proposed regulations addressing disparate impact claims under the ADEA.  The proposed rule addresses the Supreme Court ruling in Smith v. City of Jackson 544 U.S. 228 which held that recovery is available under the ADEA not only for disparate treatment or intentional discrimination but also unintentional claims or disparate treatment...

New FMLA Poster Containing Military Leave Amendments

Posted on March 15, 2008
The Department of Labor has available a poster reflecting the recent changes to the law affecting military personnel.  It's meant to be temporary and a supplement to the existing poster.  It's available on the DOL website: National Defense Authorization Act / FMLA Poster

EEOC Reports Largest Percentage Increase in Charges in 15 Years

Posted on March 06, 2008
This press release notes that charges filed with the EEOC are up over 9% from 2006 to 2007 - this single largest annual increase since 1993.  Yikes!

Supreme Court Says EEOC Intake Questionnaire Triggers Employee Rights

Posted on March 01, 2008
The Supreme Court recently ruled that when a complainant completes and intake questionnaire with the EEOC and the EEOC does nothing with it, it does not preclude the complainant from then bringing a claim of discrimination in Federal District Court.  In Federal Express v...

Pay Overtime - Even When it Violates Policy

Posted on February 28, 2008
The Second Circuit Court of Appeals ruled recently that an employee who works overtime must be paid for those hours even though he/she may have been prohibited from working overtime.  There are many who already operate consistent with this ruling, so this may not be something new for all of you...

NLRB Reduces Rights of Employee Union Advocates to Use Employer Email

Posted on February 20, 2008
The National Labor Relations Board recently issued a decision severely limiting the rights of employee union advocates to use employer email to conduct solicitations of fellow employees.  What the new decision means is that employers can safely prohibit all non-work related email solicitations by employees even if union related...

New Proposed Regulations to the Family & Medical Leave Act

Posted on February 15, 2008
The US Department of Labor recently issued proposed revised FMLA regulations.  The new regulations, subject to a comment period, comprise well over 400 pages - sufficient to cure insomnia.  Here are few changes of note while all the dust begins to settle: -          Serious Health Condition - Where leave involves more than three consecutive days plus two health care provider visits, the two visits must occur within 30 days of the beginning of the period of incapacity (subject to certain exceptions)...

New California Employment Laws

Posted on February 07, 2008
OK, better late than never... The California Labor & Employment Law Blog has a great post summarizing new legislation taking effect in California in 2008.  The laws range from legislation as simple as an increase in the state's minimum wage to laws such as: A new law requiring employers with 25+ employees to grant unpaid leave to spouses or domestic partners of combatants on leave from deployment in a combat zone...

FMLA Expanded to Provide Protection to Families of Service Members

Posted on February 01, 2008
The Family & Medical Leave Act has been immediately amended to provide additional benefits to families of service members.   According to Michael Moore at the Pennsylvania Employment Law Blog, FMLA-eligible employees will now be entitled to the following:Caregiver Leave for an Injured Servicemember:  This benefit permits a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness...

Super Bowl Monday "Flu" - 1.5 Million to Call in Sick

Posted on January 31, 2008
I recently received a media inquiry regarding Super Bowl Monday which I blogged about last year.  The premise is that there will be a loss of productivity as a result of what I'll call "Super Bowl Flu."  So this year I decided to do a little research and found that there actually was a survey conducted this year and the conclusion of the survey is that "an estimated 1...

Technology & Data Security From the Inside

Posted on January 25, 2008
Most of the time we're worried about hackers getting into our computer system from the outside.  Here's an  interesting but scary story about a disgruntled  employee who wiped out ALL of her company's data files because she thought her boss was trying to replace her...

EEOC Fact Sheet on On Employment Tests and Selection Procedures to Screen Applicants and Workers

Posted on January 16, 2008
The EEOC recently issued a Fact Sheet on Employment Tests and Selection Procedures to Screen Applicants and Workers.   The Commission noted that there has been an increase in employment testing due in part to post 9-11 security concerns as well as concerns about workplace violence, safety, and liability...

Free Compensation Resource from World at Work

Posted on January 14, 2008
World at Work is a professional association typically associated with compensation professionals.  It provides all sorts of resources and training for HR and Compensation professionals.  It recently made available a useful tool for planning in executive compensation...

Record Activity for USDOL Wage and Hour Division

Posted on January 07, 2008
The US Department of Labor Wage and Hour Division reports that is has recovered a record amount in back wages due employees in 2007.  According to an article on BLR.com, the Division collected a record $220,613,703 for 341,624 workers in 2007. Since fiscal year 2000, it has recovered more than $1...

State New Year Minimum Wages

Posted on January 04, 2008
January is often the time that states increase their minimum wages.  While the federal minimum wage will increase in July (to $6.55/hour) several states already have minimum wages above the federal level.  To see if your state is one of them (as of January 1, 2008), this page from the Department of Labor will tell you: Minimum Wage Laws in the States Check the states where you do business to see if you need to make any adjustments or update your posting (often for free by checking with your particular state for an updated free poster).

New York Law Changes for the New Year

Posted on January 02, 2008
Governor Spitzer's first year in office has been filled with legislative changes in the employment arena.  In addition to my previous posts on: New Requirements for Written Agreements for Sales Professionals Rights for New Nursing Mothers to Express Breast Milk in the Workplace, and New York Workers' Compensation Reform ...

Working With Cancer

Posted on December 26, 2007
Interesting article in the WSJ regarding survivors of childhood cancer who go on to have tremendous difficulty in the workplace - from obtaining jobs, to keeping them - all as a result of the ongoing effects of the disease that linger on later an life...

IRS Mileage Rate Increases to 50.5 Cents for 2008

Posted on November 27, 2007
The IRS today announced that the standard mileage reimbursement rate for employees who use their own cars for business purposes will rise to 50.5 cents per mile in 2008.  Follow this link to the IRS 2008 Mileage Press Release.

USCIS Accounces Requirement to Use New I-9 Form

Posted on November 23, 2007
The US Customs and Immigration Services issued an announcement today that employers must begin using the new I-9 Form by December 26th of this year. Follow this link to the USCIS Press Release:  USCIS Reminds Employers to Transition to New Employment Eligibility Verification Form by Dec...

IRS 2008 Benefit Plan Limits Announced

Posted on November 12, 2007
The IRS recently announced benefit plan limits for 2008.  Here are some of the highlights: Maximum 401(k) Contributions - $15,500 Maximum Compensation Limit - $230,000 Highly Compensated Employees - $105,000 Annual Contribution Limit for Defined Contribution Plans - $46,000 Annual Benefit Limit for Defined Benefit Plans - $185,000 Age 50 and Older Catch-Up Contributions (for other than SIMPLE Plans) - $5,000 Annual Contribution Limit for 457 Plans - $15,500

NYS Labor Law Modified to Require Written Agreements for Commissioned Salespersons

Posted on October 30, 2007
Section 191 of the New York State Labor Law was recently amended.  The actual text of the new law (which I have set out in bulleted form) is as follows: "THE AGREED TERMS OF EMPLOYMENT SHALL BE REDUCED TO WRITING, SIGNED BY BOTH THE EMPLOYER AND THE COMMISSION SALESPERSON, KEPT ON FILE BY THE EMPLOYER FOR A PERIOD NOT LESS THAN THREE YEARS AND MADE AVAILABLE TO THE COMMISSIONER UPON REQUEST...

Proving Dependent Status for Benefits Coverage

Posted on October 22, 2007
Something I've heard a fair amount about lately is the policy of some employers to require proof that an employee's spouse/child is really a dependent before he/she can be added to benefits plans.  In addition, some employers are going a step further to conduct audits of plans in their entirety and require participants to dig out social security cards, marriage certificates, etc...

Happy Birthday to the Workers' Comp Insider

Posted on October 16, 2007
Almost forgot the 4 year Blogaversary of the Workers' Comp Insider.  The Blog has recently celebrated 4 years of great posts and informative commentary.  In the world of workplace blogging, it's an "oldy but a goody." Keep up the good work guys!

New "QACA" Option for 401(k) Enrollment Can Eliminate Discrimination and Top Heavy Testing

Posted on October 09, 2007
As of January 1, 2008, 401(k) plans can begin to offer an alternative enrollment method which can eliminate the need for top heavy and discrimination testing.  Called a "Qualified Automatic Contribution Arrangement" (QACA), it requires certain minimum levels of deferrals...

E-Verify Picking Up Steam

Posted on October 02, 2007
The US Citizenship and Immigration Services (USCIS) recently issued a Fact Sheet Discussing the E-verify system - an internet based system established between the Department of Homeland Security and the Social Security Administration that is intended to help employers verify the employment eligibility of workers...

Gov. Spitzer Creates Taskforce to Address Employee Misclassification

Posted on September 25, 2007
New York's Governor Spitzer recently created a task force to address the incorrect classification by employers of individuals as independent contractors rather than correctly as employees.  The Executive Order immediately cites the attempt by employers to circumvent their obligations as employers and the adverse effects on the economy of the state as a result...

Thanks to Technology, Workplace Gossip Flourishes

Posted on September 19, 2007
Years ago, the water cooler or the company break room/cafeteria was the place their employees got their information - typically in the form of gossip.  Now, with the proliferation of technology in the workplace - through instant messaging, PDA's cell phones, email, etc...

Small Firms Tend to Underuse HR

Posted on September 12, 2007
This survey shows a troubling statistic among small and midsized businesses - that they tend to underutilize HR departments.  Specifically: smaller companies consider their HR departments as a separate arm of their business rather than integrating the functions into their day-to-day operations...