Labor & Employment Law

Proposal to Extend ARRA's COBRA Subsidy

Posted on November 24, 2009
For those who haven't heard, there is legislation pending that would extend ARRA's COBRA provisions.  HR 3930 would: Permit individuals who are involuntarily terminated between April 1, 2008 and December 31, 2009 to continue group health benefits under COBRA for a period of 24 (instead of the usual 18) months...

Traveling Applicants: Catch-22

Posted on November 22, 2009
The scenario:  an employer is conducting a search for an important position.  Part of the interview process involves flying candidates to the corporate headquarters to meet the big wigs for the final interview.  The interviews so far have gone well...

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...

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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...

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...

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!

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