# BeAuditSecure

> You Cannot Be Audit Proof, But You Can Be Audit-Secure!


## Posts

- [SBS 023: Can I Require Employees to Share Hotel Rooms?](https://helpdesksuites.com/2015/08/20/sbs-023-can-i-require-employees-to-share-hotel-rooms/): You’re sending employees out to a conference. Overnight hotel rooms need to be booked. Saving money by sharing hotel rooms may seem like a great idea. But, is it? Come on in and find out. I can’t promise to take this topic easily. So, buckle up! Who will be my HR Superstar today? Stick around and find out! Hint: Do you wish you were Big? Here are some cool and helpful links! Hostile work environment Big Millennials in the Workplace – a Positive View   Now,  you can also use SpeakPipe to record your questions! When I use your question on one […]
- [SBS 022: Withholding Medical Records and HIPAA](https://helpdesksuites.com/2015/08/18/sbs-022-withholding-medical-records-and-hipaa/): When medical records are requested , can we withhold them pending payment of our required fee? Good question! That one came in from a medical practice employee that recently listed to one of my audio conferences on HIPAA. Wanna know the answer? Get ready. I’m pretty passionate on this topic. Who will be my HR Superstar today? Stick around and find out!Hint: Houston, we have a problem! Here are some cool and helpful links! http://www.lamblawoffice.com/medical-records-copying-charges.html HIPAA site Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free […]
- [HR Made Me Fat! Part Three](https://helpdesksuites.com/2015/08/10/hr-made-me-fat-part-three/): HR Made Me FAT! Part Three Ok. I know you’re pretty  fed up (no pun) with my delaying in telling you what my Dr. discovered after reviewing the lab-work I told you about in Part Two. The HR Fat Dragon has been uncovered!
- [SBS 021: Lessons from Tonight Show’s Jimmy Fallon](https://helpdesksuites.com/2015/08/06/sbs-021-lessons-from-tonight-shows-jimmy-fallon/): Jimmy Fallon should teach management and communications courses. Better yet, let’s just take a look at what he does well and apply the techniques to our businesses. Who will be my HR Superstar today? Stick around and find out!Hint: He took it on the chin! Here are some cool and helpful links! Applied Improvisation Yes And Jay Leno Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! or send an email here. When I use your question on one of my episodes, you will receive a free T-shirt! So, be certain to leave […]
- [Andere Seminars is Approved and Preferred for HRCI and SHRM Credits](https://helpdesksuites.com/2015/08/05/approved-hrci-and-shrm-credits/): Are you Approved or Preferred? Effective July 31, 2015 Andere Seminars, the creator of BeAuditSecure.com, is now listed as a SHRM Preferred Provider and a HRCI Approved Provider. So, what does all of that mean? Good Question!
- [Free Live Webinar: How to Become a Successful HR Seminar Speaker and Beyond](https://helpdesksuites.com/2015/08/05/succeed-as-a-seminar-speaker/): How to Become a Successful HR Seminar Speaker and Beyond Seminar Speakers are in the unique position of earning a living, traveling around the world, building businesses and helping others all at the same time. But, this is not a ‘Get Rich Quick’ and several people fail in this process. Why? Mainly because they do not take the time to learn from the mistakes of those who have made it happen for themselves.
- [SBS 020: Paid Sick Leave Law and Domestic Violence Leave](https://helpdesksuites.com/2015/08/04/sbs-020-paid-sick-leave-law-and-domestic-violence-leave/): Many States have enacted paid sick leave laws that also add protections for paid time off related to domestic violence and other issues employees face. Tune in and find out what may be coming to your state and is the law already there? Who will be my HR Superstar today? Stick around and find out! Hint: To the moon Alice! Here are some cool and helpful links! California Paid Leave Laws Other paid leave laws by state Astronaut Wives Club  Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your […]
- [SBS 019: Wage and Hour Lawsuits](https://helpdesksuites.com/2015/07/30/sbs-019-wage-and-hour-lawsuits/): The Department of Labor expects wage and hour suits to increase dramatically over the next year or so. The new exempt status classification guidelines and salary increase may likely spark controversy in many organizations! Tune in to hear more about this situation and how employers can prepare now! Who will be my HR Superstar today? Stick around and find out! Hint: Gone HIPAA? Here are some cool and helpful links! Overtime Exemptions Gone   Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you […]
- [HR Made Me Fat! Part Two](https://helpdesksuites.com/2015/07/30/hr-made-me-fat-part-two/): HR Made Me FAT! Part Two Ok – Let’s talk turkey. In Part One, I promised you I would talk about my struggle to find the secret to taming the HR Fat Dragon. I believe I have found it, but the final results are not in yet. So, let me start by telling you what I have tried on my way.
- [SBS 018: July 2015 Independent Contractors Classification](https://helpdesksuites.com/2015/07/28/sbs-018-july-2015-independent-contractors-classification/): July 2015 has been a hot month! The US Department of Labor issued two very important items this month. Employers who use independent contractors or, workers not on payroll, will want to pay close attention to this episode! The winds they are a changing’! Who will be my HR Superstar today? Stick around and find out! Hint: Your uncle is sometimes your Ant! Here are some cool and helpful links! DOL: Independent Contractor vs. Employee Memo Ant Man Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your question on […]
- [SBS 017: Want to BE a Human Resources Consultant?](https://helpdesksuites.com/2015/07/23/sbs-017-want-to-be-a-human-resources-consultant/): Tired of making money for other people? Do you dream of self-employment and being truly valued for your expertise? Maybe it’s time to be the human resources consultant! Who is our HR Superstar today? Hint: Clickety Clack – She ain’t fat! Here are some cool and helpful links! Authority Devil Wears Prada Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! So, be certain to leave me your contact information. I need to know where to aim […]
- [SBS 016: DOL Overtime Rules and Next Steps](https://helpdesksuites.com/2015/07/21/sbs-016-dol-overtime-rules-and-next-steps/): The Department of Labor finally issued the proposed overtime rules for the re-vamping of overtime exemptions. What should employers do to prepare? Listen in and find out! Who is our HR Superstar today? Hint: So bad it can’t be real. Here are some cool and helpful links! Free Webinar UnReal   Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! So, be certain to leave me your contact information. I need to know where to aim my […]
- [HR Made Me Fat! Part One](https://helpdesksuites.com/2015/07/20/hr-made-me-fat/): HR Made Me FAT!  On this point I will not negotiate. I was a lovely young maiden back in the day. I married, had two children and managed to keep my girlish figure. Then one day I moved into a position requiring me to perform many human resources related duties. Boom! I started to gain weight and lost that girlish figure. Oh yeah, I also had my third and final child. The baby girl. 🙂
- [Who's the Boss? Determining "Employer" Status](https://helpdesksuites.com/2015/07/16/determining-employer-status/): Is it possible to hold an employee of a company responsible for damages  and penalties  in  a lawsuit  or audit because they hold “employer” status? Who’s the boss anyway? In the recently published Administrator’s Interpretation Dr. David Weil, Department of Labor Administrator,  mentioned the definition of the word “employer”. He quoted the Fair Labor Standards Act, or FLSA, defining an employer as ““any person acting directly or indirectly in the interest of an employer in relation to an employee,” 29 U.S.C. 203(d).
- [SBS 014: SCOTUS Same Sex Marriage Ruling](https://helpdesksuites.com/2015/07/16/sbs-015-same-sex-marriage-vs-opposite-sex-marriage-in-the-workplace/): Here all about the SCOTUS ruling on same-sex marriage. Please leave a comment and rating on iTunes! Listen to Small Business Spoonfuls below:
- [BREAKING NEWS: DOL Issues Independent Contractor vs. Employee Classification Memo](https://helpdesksuites.com/2015/07/11/dol-independent-contractor-vs-employee-classification-administrators-interpretation/): On July 15th 2015, Department of Labor (DOL) Administrator, David Weil, issued the much anticipated Administrator’s Interpretation 2015-1 clarifying the DOL position regarding the independent contractor vs. employee debate.
- [GINA and the Poopie Employee](https://helpdesksuites.com/2015/07/11/disc-go-wrong-2/): “The Employer Needed Pooper Scooper” may be a better title for this post! So what is GINA and why am I talking about poop? Hang in there and let me explain.
- [Q and A Today Webinar From May](https://helpdesksuites.com/2015/07/09/q-and-a-today-webinar/): Q & A Today Replay Group Coaching with Lisa Smith Focus: Payroll department stumbling blocks. Live presentation: May 2015 Webinars are great! A focused topic that teaches us “How to” or maybe ‘How not to”.  We get answers to the questions the webinar developer believes we need. But, sometimes we just need a little more. We need OUR questions answered. Group Coaching is EVEN BETTER! Welcome to Q & A Today: Group Coaching with Lisa Smith! In this series of meet-ups (or hang-outs), I will take your questions and give you the answers that work for you. The focus of this […]
- [SBS 013: Is Human Resources allowed to fire an employee for Facebook comments?](https://helpdesksuites.com/2015/07/09/sbs-013-is-human-resources-allowed-to-fire-an-employee-for-facebook-comments/): Employees who post Facebook comments that speak negatively about the company  or even a boss have become major concerns to employers. Can I have a policy  forbidding this activity? What happens if I  fire a worker? Tune in and let’s discuss this sticky legal matter. Who  is our HR Superstar today? Hint: Working nine to five  isn’t everyone’s fantasy. Here are some cool and helpful links! Andere Foundation NCADV Partnership Corporate Training Protected Activity in Social Media Nine to Five Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your […]
- [You're getting Overtime Pay and so are YOU, YOU and YOU!](https://helpdesksuites.com/2015/07/08/youre-getting-overtime-pay/): Now here’s something all will love to hear:  “You may be getting a pay raise if you make less than $50,440 a year (before taxes)!” 
- [SBS 012: IRS Addresses Questionable Employment Tax Practices](https://helpdesksuites.com/2015/07/07/sbs-012-irs-addresses-questionable-employment-tax-practices/): The QETP (Questionable Employment Tax Practices Initiative) is a very serious program that may cause your  business to endure multiple audits all at the same  time. Listen in as I  explain the QETP and help you evaluate the risk your small business may be facing. Who  is our HR Superstar today? Hint: Just go with it! Here are some cool and helpful links! QETP Just go with it! Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! […]
- [Where DISC we go wrong?](https://helpdesksuites.com/2015/07/06/disc-go-wrong/): According to Wikipedia, “DISC is a behavior assessment tool based on the DISC theory of psychologist William Moulton Marston, which centers on four different behavioral traits: Dominance, inducement, submission, and compliance. It is not a personality assessment, it shows your behavior when the person is in a particular environment.”   Nowadays, many people in the corporate world, who are applying for jobs, must take this type test as a part of the interviewing process and assessment. Based on its results, they can be considered or not for a position.   However, this could be a double-edged sword when it comes to choosing the “right” candidate. […]
- [Free Webinars Promote Better Employment Law Compliance for Small Businesses](https://helpdesksuites.com/2015/07/02/free-webinars-promote-better-employment-law-compliance-small-businesses/): Employment law compliance is like a merry-go-round that is spinning out  of control. Employers and HR/Payroll managers are struggling to keep up with the breaking news and understand what all of these changes mean for them. Training is KEY to understanding, implementing and complying with the regulation changes and updates that can land your organization in the  middle of a costly audit, inspection, or employee lawsuit. Training can be costly. But, a lot of training these days is very inexpensive and some is  FREE! I love the Quick and Dirty Tips podcast on iTunes. So, my QDT for you today is […]
- [SBS 011: Medical Mary Jane (Medical Marijuana) : A Firing Offense?](https://helpdesksuites.com/2015/07/02/sbs-011-medical-mary-jane-medical-marijuana-a-firing-offense/): Are you  in a Medical Marijuana state? As an employer, you may be wondering if you can terminate a worker who  is treated with Medical Mary Jane by a physician for  an ADA protected disability. Tune in for the breaking news related to a recent Colorado Supreme Court decision that will affect employers across the nation! Who  is our HR Superstar today? Hint: Everything is a game. Know how to play socially. Here are some cool and helpful links! Medical Marijuana Decision Fired for Dancing with Mary Jane? Social Network Please leave a comment and rating on iTunes! Listen to Small Business […]
- [Connecticut: Employers Pay  Double Damages for Minimum Wage and Overtime Violations](https://helpdesksuites.com/2015/07/01/minimum-wage-in-connecticut/): Minimum wage in Connecticut just got  real. Employers in Connecticut will be paying double damages PLUS court costs and attorney’s fees for wage and hour violations as of October 1st, 2015. In a recent article, Littler Mendelson attorneys published the following explanation:
- [FREE Webinar:Proposed Changes to Overtime Regulations Overview](https://helpdesksuites.com/2015/06/30/overtime-webinar/): FREE Webinar: Proposed Changes to the Overtime Regulations The DOL has issued the Proposed Rule we have all been anticipating. Join us for an overview of the proposed changes and find out which are more likely to stick than others.
- [Training as a Voluntary Benefit? Hmmmmm](https://helpdesksuites.com/2015/06/30/training-voluntary-benefit/): Whose job is it to pay for training? We have always assumed the employer will develop staff and encourage them to grow professionally by supplying training. But, is that true today? Was it ever really true at all? Is this assumption even fair?
- [SBS 010: Must HR Provide Employee Benefits for Paid Sick Leave?](https://helpdesksuites.com/2015/06/30/sbs-010-must-hr-provide-employee-benefits-for-paid-sick-leave/): Paid sick leave is sweeping the nation. Built into many of these new laws is also paid time  off  for a death and paid domestic violence leave. How does this effect your organization? Tune in and find out! Who  is our HR Superstar today? Hint: That’s what  she  said. Here are some cool and helpful links! Paid Bereavement Leave Paid Leave Info Document Michael Scott’s HR  Training FAIL Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! […]
- [Naughty Girls Need Minimum Wage and Overtime Too!](https://helpdesksuites.com/2015/06/29/naughty-girls-need-minimum-wage-overtime/): OK. So, Samantha Fox may not have actually sang those words back in the late ’80’s. But, the operators of Florida and Ohio strip club chain Scarlett’s Cabaret agreed on June 26th to pay up to $6 million to end a wage-and-hour class action brought by current and former exotic dancers.
- [Bonus: Supreme Court on ACA and Same Sex Marriage](https://helpdesksuites.com/2015/06/26/bonus-supreme-court-on-aca-and-same-sex-marriage/): Bonus: Breaking news episode! The Supreme Court of the USA has ruled on the Affordable Care Act and Same sex Marriage. Tune in and get the bonus information! You heard it here first. Employers will have some homework effective TODAY! Here are some cool and helpful links! Supreme Court Ruling on ACA Supreme Court Ruling on Same-sex Marriage Please leave a comment and rating on iTunes! Now, you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! So, be certain to leave me your contact information. […]
- [Breaking News: Supreme Court Ruling on Same-sex Marriage](https://helpdesksuites.com/2015/06/26/supreme-court-same-sex-marriage/): The U.S. Supreme Court has ruled ruled that there is a constitutional right to same sex marriage under the 14th Amendment, striking down state-level bans on the practice. In a 5-4 decision, the court majority ruled that the equal protections granted by the 14th Amendment extend to the right to marry regardless of whether a marriage involves same sex or opposite sex partners.
- [Breaking News: Supreme Court Ruling on ACA Means Little Change for Employers](https://helpdesksuites.com/2015/06/25/supreme-court-aca/): Today  the Supreme Court released its ruling upholding  the ACA Subsidies  for Coverage Purchased on the Federally Facilitated Health Care Exchanges. This means that individuals may continue  receiving  subsidies under federal exchanges and employer ARE still subject to  “Pay or “Play” penalties. Katelyn D. Winslow from FordHarrison.com gave the following explanation today.
- [Spoonful of HR: Rule of 3s](https://helpdesksuites.com/2015/06/25/rule-3s/)
- [SBS 009: Should HR Managers Consider Sexual Harassment Training Necessary?](https://helpdesksuites.com/2015/06/25/sbs-009-should-hr-managers-consider-sexual-harassment-training-necessary/): Do your employees understand Sexual Harassment? Title VII is the Civil Rights Act of 1964. Sexual Harassment is covered until this historic act and as an employer or manager you are required to know how the Supreme Court of the US rules on matters related to all subjects of this nature. So, tune in and let’s discuss the necessity (or not) of Sexual Harassment training in your organization. Who is our HR Superstar today? Hint: The corporate battle for power and control can be explosive! Here are some cool and helpful links! Supreme Court Ruling Training Cornerstone Halt and Catch Fire! […]
- [Be the Hero on a Budget: Training your workforce for FREE!](https://helpdesksuites.com/2015/06/24/training-your-workforce-for-free/): In a perfect world employees would provide training for themselves and do it willingly. Workers would take professional development seriously and seek to keep digital skills current. Topics like communication  and problem solving would be on the tips of lips around the water  cooler. That isn’t the case today. So, are employers missing something? With so many options for online professional development the question has become: Why is training viewed  as an “employer only” responsibility? Want to know the  answer? Cool. You have come to the  right place.
- [Do You Have a PAID Bereavement Leave Policy?](https://helpdesksuites.com/2015/06/24/paid-bereavement-leave-policy/): How about a PAID leave policy for time off due to domestic violence issues? Most employers will answer NO! But, in Oregon both are mandatory as per this new law. Read the  following article and think about how you will handle this type of legislation when it comes to your state.  Enjoy! Lisa
- [Spoonful of HR: What is considered overtime in Texas?](https://helpdesksuites.com/2015/06/24/considered-overtime-texas/)
- [How to Audit-Secure Your Business](https://helpdesksuites.com/2015/06/23/audit-secure-business/): An 8 step formula to surviving an audit or lawsuit Oh my goodness! Will someone please address the problems with FLSA before this whole country explodes!
- [SBS 008: Big Boss Won’t Pay Overtime.](https://helpdesksuites.com/2015/06/23/sbs-008-big-boss-wont-pay-overtime/): Has the question of overtime payment come up in your organization? Sometimes the concern over budget tries to override  the reality that employers MUST pay  overtime when a worker clocks over 40 hours in a 7 day work-week. Tune  in to this episode and find out how you can view this issue  and handle it responsibly in your business. Who  is our HR Superstar today? Hint: Sometimes we can’t see the forest for the trees! Here are some cool and helpful links! Employee Misclassification Ecolab Suit Overtime Legislation Imminent Wayward Pines Please leave a comment and rating on iTunes! Listen to Small […]
- [Spoonfuls of HR: How many work hours are in a typical day?](https://helpdesksuites.com/2015/06/23/many-work-hours-typical-day/)
- [Spoonful of HR: What is Full-time?](https://helpdesksuites.com/2015/06/22/full-time/)
- [Millennials in the Workplace: How they are changing the game?](https://helpdesksuites.com/2015/06/22/millennials-in-the-workplace/):             How they are changing the game. As the team of young people called millennials soon become the largest group in the workforce, more attention is being directed to their perspectives, goals, and desires. Millennial’s most noticeable characteristic is the extensive use of  technology ranging from mobile devices, and communication apps, to modern gadgets, face-to-face meetings and social networking tools. The younger you are, the more eager you are to devote time and energy into new tools and practices that promise higher productivity and connection. Deloitte Global fourth annual Millennial Survey was just released, and it shows what the […]
- [Spoonful of HR: Paid Time Off](https://helpdesksuites.com/2015/06/19/paid-time/)
- [SBS 007: How soon must payroll processors implement an employee’s new W-4?](https://helpdesksuites.com/2015/06/18/sbs-007-how-soon-must-payroll-processors-implement-an-employees-new-w-4/): Sometimes implementing a W-4 change can be a real task; especially when employees change the game time  after time to juggle taxation. So, the question always comes up: Do I have to reflect the change immediately or is there a grace period for a payroll processor? Tune in and find out exactly what the IRS says you can do with this basic, but sometimes frustrating situation. Who  is our HR Superstar today? Hint: “There are a lot of sick tickets in this town!” Here are some cool and helpful links! W-4 Completion IRS w-4 Guidelines Steel Magnolias Please leave a comment and […]
- [Spoonful of HR: What is the minimum wage?](https://helpdesksuites.com/2015/06/18/minimum-wage/)
- [ASTV: Employees Who Won't](https://helpdesksuites.com/2015/06/17/astv-employees-wont/): The concept of employees who refuse to follow the policies and procedures is beyond my comprehension. Listen in as I discuss this matter that many managers struggle with.
- [Spoonful of HR: How soon must an employee be paid after resignation or termination?](https://helpdesksuites.com/2015/06/17/soon-must-employee-paid-resignation-termination/)
- [SBS 006: Deductions payroll can dock from an employees pay.](https://helpdesksuites.com/2015/06/16/sbs-006-deductions-payroll-can-dock-from-an-employees-pay/): Payroll processors, you know deducting money from an employee’s paycheck is a touchy subject. Determining the type of worker you are dealing with is job one. Some worker classifications carry little room for docking money from pay. Today I will discuss this question and give a variety of items to  consider before deducting any money your employee has earned. Who  is our HR Superstar today? Hint: Burnt down bar owner seeks baby-sitter. Here are some cool and helpful links! Exempt worker pay docking Free Content Library Nolan Ross Please leave a comment and rating on iTunes! Now,  you can also use SpeakPipe to record your questions! When […]
- [Spoonful of HR: Parental Leave](https://helpdesksuites.com/2015/06/16/parental-leave/)
- [ASTV: OSHA Healthcare Inspections](https://helpdesksuites.com/2015/06/15/astv-osha-healthcare-inspections/): OSHA Announces Intent to Increase Inspections of Healthcare Facilities Click here > 8 Questions You MUST Ask about the New OSHA Record-keeping to download the e-book I mentioned in the video! It’s inside the free library. About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com. Smarter is Better Solutions for a Smarter Compliance Strategy Here’s what we’ve got for you: Over 20 Video and Audio Solutions to start you on an Audit-Secure action plan for […]
- [Spoonful of HR: Meals and Breaks](https://helpdesksuites.com/2015/06/15/meals-breaks/)
- [Spoonful of HR: How often must my employer raise my pay?](https://helpdesksuites.com/2015/06/14/often-must-employer-raise-pay/)
- [SBS 005: Is Human Resources using the wrong I-9 form?](https://helpdesksuites.com/2015/06/11/sbs-005-is-human-resources-using-the-wrong-i-9-form/): Using the wrong I-9 form? Uh, Oh! Well several people made this  mistake.  Correct the errors now before ICE does it for you. In this episode I will discuss the How To’s of facing this and other I-9 challenges. Who  is our HR Superstar today? Hint: She is one spicy lawyer who will make you laugh until you want to fire her boss! Here are some cool and helpful links! I-9 Central Correct version of the I-9 Cristella Leave us a comment or send us a question in the section below! Now,  you can also use SpeakPipe to record your questions! When I […]
- [FMLA Errors Equal $275,000 Fine for Staples](https://helpdesksuites.com/2015/06/10/fmla-errors-equal-275000-fine-staples/): Ouch! Somebody got Stapled. I was 5 years old. In kindergarten when Mrs. Cash told me she would staple my mouth shut for talking to much and asking too many questions. I told her that my daddy  would call the police and she would be in jail if she did that. She spanked me. It was her job to nurture and protect me. To take care of me and guide me. I guess in my mind I did get Stapled!
- [SBS 004: DOL Audit Alert: Independent Contractor Misclassification](https://helpdesksuites.com/2015/06/09/episode-4-dol-audit-alert-independent-contractor-misclassification/): In this episode I will discuss some key factors you must consider before classifying a worker as an independent contractor or  1099 worker. Do you know your ABCs? Huh? Exactly! Listen in and find out if you’re “doing it right”. Who is out HR Superstar for today? Well, all I can tell you is this: a super smart person may have a blast in HR. But, that’s just my hypothesis. Cool and Helpful Links: Misclassification of Exotic Dancers! Helpful article on the importance of a W-9 Big Bang Theory  Leave us a comment or send us a question in the section […]
- [Breaking News: BIG DOL Announcements Imminent!](https://helpdesksuites.com/2015/06/08/breaking-news-dol-announcements-imminent/): OMG! The DOL has promised us the new proposed guidelines for classifying Exempt workers No-Later-Than June 18th of this year. That’s pretty exciting stuff for employment law geeks like me! But, WAIT! There’s more………….
- [SBS 003: Wage Garnishments](https://helpdesksuites.com/2015/06/04/episode-3-wage-garnishments/): Join me for this Q & A about how to handle the tricky situations that arise when dealing with employee wage garnishments. I will be offering some awesome tips for making the process run a little easier in the payroll office. Who is my HR Superstar for todays’s episode? I’ll give you a hint: She may be your secretary, but never ask her to serve you Tea! Got it? No? Then get in here and solve the mystery! I’ll see ya’ on the inside! Cool and Helpful Links: Garnishment laws by state are in HelpDesk for AR Professionals Madam Secretary  Leave […]
- [Breaking News: FMLA Forms are Ready!](https://helpdesksuites.com/2015/06/02/breaking-news-fmla-forms-ready/): That crazy DOL! Boy can they play with employers when they want.
- [Atlanta Law Firm Charged with Exempt Employee Misclassification](https://helpdesksuites.com/2015/06/01/atlanta-law-firm-charged-with-exempt-employee-misclassification/): Uh oh! Even the attorneys get it wrong sometimes. Exempt Employee Misclassification is not joke! The case has not actually been decided. But, the claim sounds reasonable. The thing that makes this case so intriguing and not just a little bit scary is the fact that this particular law firm advertises Wage and Hour Law as one of their specialties. Read the article below posted by attorney Lawrence J. Buckfire. Then, you make the call!
- [Generation Frustration - 4 generations in the workplace today](https://helpdesksuites.com/2015/06/01/generation-frustration-4-generations-workplace-today-may-frustrate-one-another/): Nowadays, companies find themselves handling four generations of American workers. Each group has its own distinctive characteristics, ethics, and approaches toward work, based on its generation’s life experiences. Let’s take a look at the 4 generations in the workplace and how they interact with one another: Veterans (Born between 1925 and 1946) Baby Boomers (Born between 1946 and 1964) Generation Xers (Born between 1965 and 1980) Generation Ys or Millennials (born after 1980) As these four generations collide in the workplace, companies can no longer abide by traditional rules of leadership and management. In order to stop the generational collisions from happening, managers and leaders […]
- [SBS 002: Should I trust my attorney?](https://helpdesksuites.com/2015/06/01/episode-2-should-i-trust-my-attorney/): What happens when you get conflicting information? Do you trust your attorney if s/he conflict with other sources you consult? Listen in as I discuss the Pros and Cons of trusting only one source; even if that source is your attorney! Plus find out who I have awarded HR Superstar for Episode 2! Want a clue? Ok – a family business isn’t always easy. Sometimes your brother is a real dictator! Cool and helpful Links: Atlanta law firm accused Reasonable Basis Rule of 3s Tyrant Leave a comment or send me a question in the section below! Soon, you will be […]
- [SBS 001: Can all of my employees be salaried exempt?](https://helpdesksuites.com/2015/05/28/episode-1-can-all-of-my-employees-be-salaried-exempt/): In today’s Spoonful I am discussing the basic criteria a position in your company must meet in order to be classified as Exempt from minimum wage and overtime laws. Can everyone in your organization be Salaried Exempt? Listen in and find out the answer to this question and more! Also, stick around and find out which TV show made the cut today for HR Superstar status! Maybe it’s a good example and maybe I bestowed this honor for being a cautionary tale to us all. Either way, you will go mad when you see how this one ends! Cool and Helpful Links: […]
- [Gamer-mind: Understanding a misunderstood generation](https://helpdesksuites.com/2015/05/28/gamer-mind-understanding-misunderstood-generation/):   What skills are necessary to be a good/great gamer?   Think of Gamers as antisocial, introvert slackers? Think again. According to the 2014 Essential Facts report by the Entertainment Software Association (ESA) 59 percent of Americans play video games. The average gamer is 31 years old, and 71 percent are age 18 or older. When you look at this facts you realize that the gamer mentality is out there, and it’s a big part of the people who belong to your organization. Gamers like to win on average, they believe that winning is everything but they also understand failure, and they ok with it because […]
- [Spoonful of HR: Show Up Pay](https://helpdesksuites.com/2015/05/26/spoonful-show-pay/)
- [Bloodborne Pathogens Training](https://helpdesksuites.com/2015/05/26/blood-borne-pathogens-training/)
- [Massachusetts Employer Held Liable for Actions of Ex-rep](https://helpdesksuites.com/2015/04/28/massachusetts-employer-held-liable-actions-ex-rep/): Employers! Watch your associates – past and present – because they may determine your future. The following is an article published today by Michael Felsen – the Labor Department’s regional solicitor of labor in Boston. test this change We often rely on the testimony of workers, who observed or were affected by safety and health violations, when a company contests OSHA citations before an administrative law judge of the Occupational Safety and Health Review Commission.  Employee cooperation and candor are crucial to these efforts.  Just as important, employees who give testimony are protected by the Occupational Safety and Health Act from retaliation […]
- [HR, Employees and Social Media](https://helpdesksuites.com/2015/02/27/hr-employees-social-media/): I recently came across an article by Bernard Marr that described a few good ways to ruin your career. He basically says underestimating the power of social media is one of the main ways to lose your job. For instance, a public relations executive posted multiple offensive comments that finally  lead to one super thoughtless tweet. How about the sexist firefighters in Toronto who made degrading comments about women?
- [Paid Sick Days and the City (of Brotherly Love)](https://helpdesksuites.com/2015/02/26/paid-sick-days-city-brotherly-love/): Philadelphia Enacts Paid Sick Leave Ordinance for Virtually All Employers The following article was published by Litter Mendelson on February 14, 2015 Authors: Ben Huggett and Barbara Rittinger Rigo After seven years and two previous vetoes, on February 12, 2015, Philadelphia City Council passed, and Mayor Michael Nutter promptly signed into law, the Promoting Healthy Families and Workplaces Ordinance (“the Ordinance”) with a May 13, 2015 effective date.  With this action, Philadelphia becomes the 17th major city1 to mandate that most employers provide paid sick leave to employees, joining several municipalities in neighboring New Jersey, as well as the states of […]
- [DOL Redefines the FMLA "Spouse"](https://helpdesksuites.com/2015/02/23/dol-redefines-fmla-spouse/): US Labor Department updates Family and Medical Leave Act’s definition of spouse  Effective March 27, 2015, workers in legal, same-sex marriages, regardless of the state in which they live, will now have the same rights as those in opposite-sex marriages to federal job-protected leave under the Family and Medical Leave Act (FMLA) to care for a spouse with a serious health condition.
- [Supreme Court Decision Proves: You MUST Audit-Secure© your Business!](https://helpdesksuites.com/2015/02/20/supreme-court-decision-proves-must-audit-secure-business/): What does it mean to Audit-Secure© your business? I am glad you asked. When you take steps to tap into credible resources for  establishing policies  and procedures that govern your organization you are becoming Audit-Secure©. When  you educate yourself and provide training to all of your employees over a variety of compliance topics you are becoming Audit-Secure©. Sure, this process is going to take some time and cost a few bucks here  and there. But, you will rest easy  knowing you are able to defend your actions in court, if necessary. What is the alternative? Going to court and trying to explain why […]
- [He's Having a Baby!](https://helpdesksuites.com/2015/02/20/hes-baby/): And he needs time off. Well, it’s a good thing Massachusetts has replaced the state Maternity Leave Act with the Parental Leave Act. Effective April 7, 2015, the Massachusetts Maternity Leave Act will be replaced by the Parental Leave Act (“PLA”) which broadens the scope of the Maternity Leave Act by providing parental leave rights to men.
- [Audit-Secure the Framily: Beware the Crazy Cousin!](https://helpdesksuites.com/2015/01/20/audit-secure-framily/): Hello all! Thank you so very much for taking the opportunity to BeAuditSecure with us! When I speak about audit-security, I am very careful to note the fact that I chose the term secure instead of proof  for an important reason. Often, I have heard consultants and ‘experts’ say “Let’s audit-proof your business!” The fact is, no business can be audit-proof. Sure, you may ‘proof’ some numbers. 1+1=2 is surely a fact. However, with most employment law issues the hope of being audit-proof is more of a dream that may turn into a nightmare if you’re not careful. 
- [Meet Big Boss!](https://helpdesksuites.com/2015/01/13/meet-big-boss/): Who is Big Boss? Well, for me Big Boss was the business owner who would not listen. He asked me to do a job. No, wait. He demanded I do many jobs. I never received a title or the compensation customary in other organizations for comparable work. I tried to tell Big Boss that we were doing it wrong. He just told me to pipe down. He said, “You don’t make those decisions around here.”
- [Attention Employers!](https://helpdesksuites.com/2015/01/13/attention-employers-follow-californias-lead-define-abusive-conduct/): Should You Follow California’s Lead – Define Abusive Conduct? California AB 1825 has required two hours of harassment training every two years for all employees. Last year, the California governor signed AB2053, requiring abusive conduct training be added to the content. So what’s abusive conduct, according to AB 2053? “Abusive conduct” means, “…conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.” As with harassment, a single act is not abusive conduct, unless of course it’s “severe and egregious.” The descriptive language of AB […]
- [Attention Employees: Abuse is coming to a workplace near you!](https://helpdesksuites.com/2015/01/13/attention-employees-abuse-coming-workplace-near/): In recent months, the world has been made well aware of the abusive conduct of some well-known NFL players; Adrian Peterson (of the Minnesota Vikings) and Ray Rice (of the Baltimore Ravens) have been the most visible. On the football field – their workplace- abusive conduct and tendencies are a mandate of the position they were hired to fulfill. The aggressive and highly charged performances they are required to give every week are entertaining, draw big crowds and praised by their employers. However, this very conduct, when brought into a more normal work environment, is extremely unacceptable. No sane employer would […]
- [Four Audits Every Payroll Department Should Perform!](https://helpdesksuites.com/2014/10/29/four-audits-every-payroll-department-perform/)
- [FLSA – A 77 Year Old Law](https://helpdesksuites.com/2014/10/29/flsa-75-year-old-law/): Oh my goodness! Will someone please address the problems with FLSA before this whole country explodes! Have you heard the news lately? Do you know how many lawsuits and DOL cases are pending against employers in the U.S. right now? Ok, I don’t know the exact number, but I did read a blog by a reputable law firm in West Virginia that said employee vs. employer suits have increased by 400% since 2010. They also went on to say that as of June 2013, the number of employment law suits had doubled the 2012 total number. So, what is up you’re […]
- [W-9 Woes](https://helpdesksuites.com/2014/10/29/w-9-woes/): So, you’re having trouble getting a W-9 from your contractors. Here are a few tips to help clean up the process. 1.  Write a policy and procedure for on-boarding a new contractor. Specify who is in charge of obtaining the W-9 and signed contract. Be sure everyone understands their responsibilities. 2.  Have a policy that states “No payment will be issued without a W-9. Follow through and do not bend the rules for anyone. Management MUST be in agreement with this vital policy. 3. Create your own W-9. Yes, you can! As long as the same information is on your home-made […]
- [ICE ICE Baby!](https://helpdesksuites.com/2014/10/29/ice-ice-baby/): March 8, 2013 was the day many of us had been waiting for and most of us didn't know was even coming. The long-awaited update to the USCIS I-9 form arrived! Many people in the seminar classes I teach ask, "Is this a good thing or should we be worried?" I always say, "Both!" So, let's break it down. Here are two very important tips for surviving the I-9. I'll give you the bad news first. Many people do not realize ALL employees MUST have an I-9 on file during the entire time of employment. If your employee has worked for you on […]
- [W-4 Compliance Tips!](https://helpdesksuites.com/2014/10/29/w-4-compliance-tips/): So, you give your new employee a W-4. What is the first question they ask you? “How do I fill this out?  What is a deduction?” Exactly.  Hopefully, your response is something like this –  “I’m sorry. I can’t advise you on completion of your W-4. If you have questions, you should ask the person who advises you on your annual tax return.” I know how hard it is to give such an answer. It’s even harder to tell them to read those awful instructions. But, you have no other choice. In addition to the fact that payroll professionals must not […]
- [The Power of Yes...and!](https://helpdesksuites.com/2014/10/29/power-yes/): For years, professional improvisers have been working as teams on stage. In order to move the improvised scenes forward and create an entertaining experience for the audience, these teammates have developed excellent communication, collaboration, and in-the-moment problem solving skills which translate nicely into the workplace. This movement of teaching the business world to use the same skill-set as improvisers is called Applied Improvisation.   In the 1970’s British playwright, Keith Johnstone, wrote about his theory of Yes…and. He basically said that forward movement relies on the idea of mentally saying “Yes, I accept the offer and from here I will take […]
- [Does your FMLA Policy Meet DOL’s Latest Requirements? ](https://helpdesksuites.com/2016/06/23/fmla-policy-requirements-2/): The DOL’s latest move has made reviewing your FMLA policy and procedure mandatory, unless you enjoy paying fines. The DOL recently issued a new General FMLA Notice for employers to display in the workplace. They also said that using the new version of the notice (poster) is optional for those who are already using the 2013 version, there was one more little reminder that employers must pay attention to and implement immediately. 
- [VIP Content: Tax Treatment of Wellness Program Benefits](https://helpdesksuites.com/2016/06/21/wellness-program-benefits/): Listen up Payroll and HR professionals. The IRS recently released clarification regarding the tax treatment of wellness program benefits. 
- [VIP Content: Does your FMLA Policy Meet DOL’s Latest Requirements? ](https://helpdesksuites.com/2016/06/19/fmla-policy-requirements/): The DOL’s latest move has made reviewing your FMLA policy and procedure mandatory, unless you enjoy paying fines. The DOL recently issued a new General FMLA Notice for employers to display in the workplace. They also said that using the new version of the notice (poster) is optional for those who are already using the 2013 version, there was one more little reminder that employers must pay attention to and implement immediately. 
- [FedEx Independent Contractor Misclassification of Drivers: $200+ million ... Again!](https://helpdesksuites.com/2016/06/17/fedex-independent-contractor/): FedEx independent contractor classification has turned into an agreement to pay $240 million to settle lawsuits brought by their drivers in 20 states, putting to rest a long legal dispute over whether they were FedEx employees or their independent contractors.
- [VIP Content: DOL Issues Updated FMLA Poster and Guide for 2016](https://helpdesksuites.com/2016/06/14/fmla-poster-and-guide-2016/): The Department of Labor (DOL) has issued a brand new FLMA poster and guide for 2016. Regarding this new FMLA guide, attorney and author of FMLA Insights, Jeff Nowack writes: “While the guide helps explain the FMLA regulations in a user-friendly manner, the Guide primarily is meant to answer common questions about the FMLA, so it leaves unanswered leave issues that continue to frustrate employers in their administration of the FMLA.  However, the Guide is likely to have some benefit to employers when administering the FMLA.  For instance, the Guide: Follows the FMLA regulations and the course of a typical leave request in a relative orderly […]
- [Employee Lawsuits May Have Just Gotten Easier](https://helpdesksuites.com/2016/06/03/employee-lawsuits-may-have-just-gotten-easier/): The Supreme Court of the United States just set forth a ruling that may make it easier for employee lawsuits to stand up in court. Employers are not going to be happy about this. :/
- [DOL Final Rule on Overtime Exemptions: Webinar Replay May 2016](https://helpdesksuites.com/2016/05/28/final-rule-on-overtime-exemptions-webinar-replay/): UPDATE: (February 2017) This Final Rule has been placed on hold and is all but dead. Please view my Pop-up Webinars for quick updates as they happen. Have you taken time out to review the details of the Final Rule on Overtime Exemptions released by  DOL on May 18, 2016? If so, are you  set with  a determination process for how you will classify workers going forward? How about existing workers? Do you have a plan for December 1, 2016? Do you need a little more explanation on the whole  thing? Well, you have  come to the right place.  Enjoy the replay […]
- [VIP Content: DOL Overtime Exemption Final Rule Q&A](https://helpdesksuites.com/2016/05/27/overtime-exemption-final-rule-qa/): The DOL has held webinars and is attempting to answer the many questions that are pouring in about the overtime exemption final rule. Here is a Q/A page they issued yesterday – May 26th. Since you are our awesome members – it’s yours first and foremost! Hope this answers some of your questions! New Overtime Rule Q&A May 26 Until Next Time, Be Audit-Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at […]
- [Stockholm Syndrome: Do you have an employee who suffers?](https://helpdesksuites.com/2016/05/18/stockholm-syndrome-employee-who-suffers/): Have you ever dealt with an employee who had signs and symptoms of domestic abuse, but loved, defended and protected the abuser? Some experts call this reaction Stockholm Syndrome or Trauma Bond. While hard to understand, the realities exist that an employee who suffers violently from abuse at home may allow this situation to escalate to the point that your workplace is affected. But, what exactly is Stockholm Syndrome and why does it develop? Trigger Warning: This article contains accounts of abuse that may serve as a trigger to some readers.
- [Religious Accommodation and The Church of the Flying Spaghetti Monster](https://helpdesksuites.com/2016/05/04/religious-accommodation-flying-spaghetti-monster/): Have you ever dealt with an employee who had religious beliefs you thought were odd? Have you made a religious accommodation that you felt was personally unnecessary or a bit strange? Well, meet The Church of the Flying Spaghetti Monster!
- [ASTV: Study Says New Overtime Rule May Create a Generation of Moonlighters](https://helpdesksuites.com/2016/04/21/astv-new-overtime-rule-moonlighters/): The DOL’s new overtime rule may cause employers to make very tough decisions in order to maintain an operating budget that is reasonable. These tough choices may leave workers with no other option except moonlighting to make ends meet. Tune in and listen as I discuss the study that lead to this concern and offer some best practices to help employers prepare. Send your questions to me – lisa@beauditsecure.com Until Next Time, Be Audit Secure! Lisa Smith    
- [Just in Case: Falling by the Sword](https://helpdesksuites.com/2016/04/13/just-in-case-were-short-staffed-2/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [California Increases Pay During Family Medical Leave](https://helpdesksuites.com/2016/04/12/california-increases-pay-during-family-medical-leave/): Only a week after signing legislation to increase the California minimum wage, Governor Jerry Brown signed another law that increases pay during family medical leave. 
- [ASTV: Q & A Today I-9 Compliance](https://helpdesksuites.com/2016/04/08/astv-i-9-compliance/): People often write in with questions about I-9 compliance. Listen in as I discuss 2 of the most common questions I get! Do you have a question? Drop me a line! lisa@beauditsecure.com Until Next Time, Be Audit Secure! Lisa Smith    
- [San Francisco Paid Parental Leave Law Approved](https://helpdesksuites.com/2016/04/05/san-francisco-paid-parental-leave-law/): Good Morning San Francisco! No, this isn’t a failed attempt at a Full House throw-back-Thursday on a Wednesday. This is the hot new happening in San Francisco! On Thursday, March 31st, 2016 the city’s board of supervisors unanimously approved legislation requiring businesses to provide employees with six weeks of fully paid parental leave.  This makes the San Francisco paid parental leave law the first of it’s kind in the U.S. to be legislated by a city.
- [Expired I-9: What Now?](https://helpdesksuites.com/2016/04/01/expired-i9/): Happy Friday ! April 1st, 2016 is here and this is no Joke! We now have an expired I-9. The I-9 which was issued in 2013 has officially hit its expiration date of March 31, 2016. Now, what? Have you heard there is a new I-9 with around 9 pages of instructions?
- [Audio Spoonfuls of HR: Do You Have a Crazy Cousin in the Workplace](https://helpdesksuites.com/2016/03/25/crazy-cousin-audio/): We would like to believe the people we work with are friends and family. (Framily) Sadly, we sometimes hire the crazy cousin who can  be lethal if we are not careful. Listen in and learn how to watch for and handle the Crazy Cousin!     Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be Audit-Secure! Lisa Smith
- [Audio Spoonfuls of HR: Big Boss and the Framily](https://helpdesksuites.com/2016/03/24/big-boss-and-the-framily-audio/):   Have you met BIG BOSS? Are you  BIG BOSS? We always like to believe we are one big happy FRAMILY. This may be true – until  it’s not. Listen in as I  discuss what it means  to be a part of the Framily  and how to be a kind BIG BOSS!   Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be […]
- [Audio Spoonfuls of HR: Pregnancy Disability Question](https://helpdesksuites.com/2016/03/23/pregnancy-disability-audio/): Is pregnancy a disability ….. or something like it? Listen in as I  explain how we are to view our pregnant employees under the law! Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be Audit-Secure! Lisa Smith
- [SCOTUS: Accurate Time Keeping Records Are a Must-Have](https://helpdesksuites.com/2016/03/22/scotus-accurate-time-keeping-records/): Employers regularly ask me the question regarding accurate time keeping records, “Are handwritten time cards legal?” The answer is actually Yes. However, making sure the time cards are detailed and accurate is very important. Even electronic time cards are subject to inaccuracies and may not be as valuable as hoped in a court of law. So, what’s an employer to do?
- [Audio Spoonfuls of HR: NLRB Rules on Legality of Employee Conversations](https://helpdesksuites.com/2016/03/22/legality-of-employee-conversations/): Do your employees like to chat about their wages with one another? How about those conversations after work about how bad  they have it at your shop! I say we fire ’em all!! Hold up!!!  Listen to this podcast before you go acting too hasty on this particular subject. We have a court case to consider! Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated […]
- [Audio Spoonfuls of HR: Working While on FMLA](https://helpdesksuites.com/2016/03/21/working-while-on-fmla-2/): Have some of your workers been engaged to work while out on FMLA – Family and Medical Leave Act – unpaid leave? What now? Should they be paid? Maybe “they” is YOU! Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be Audit-Secure! Lisa Smith
- [Audio Spoonfuls of HR: Top Ten Tips for Employers](https://helpdesksuites.com/2016/03/21/top-ten-tips-for-employers/): Think you have employment law covered? Tune in and listen to some of the most needed advice for small and larger employers, alike! Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be Audit-Secure! Lisa Smith
- [Micro-Learning in the Workplace: Effective Employee Training Methods](https://helpdesksuites.com/2016/03/18/effective-employee-training/): How to train your GOLDFISH. What?? Effective employee training is all the  talk these days! A colleague sent this article to me recently from the Wall Street Journal. The hot talk these days in the training world revolves around two big topics: 1. Why do some employers skimp on training in the face of mounting law suits and government audits? 2. How do you train a workforce that is so distracted due to an increase in individual work responsibilities and an attention span that now equals that of a goldfish? I am not trying to be offensive. Our  attentions spans have dropped to […]
- [Audio Spoonfuls of HR: FMLA Document Transmission Ruling May Affect Your Organization](https://helpdesksuites.com/2016/03/18/fmla-document-transmission/): Do you email FMLA  (Family and Medical Leave Act) notices to your employees? This is becoming risky business. Listen in as I discuss a recent court case that has changed the game!   Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be Audit-Secure! Lisa Smith
- [Audio Spoonfuls of HR: 3 Worst Mistakes an Employer Makes During an Investigation](https://helpdesksuites.com/2016/03/17/3-worst-mistakes-employer-makes-during-investigation/): Have you ever been INVESTIGATED? One day you may hear the knock at the door. Will you know what to expect? Will you make one of the 3 WORST mistakes? Listen in and find out what NOT to do. Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future dedicated Q&A episodes Be Audit-Secure! Lisa Smith
- [Personal Liability in the Workplace: Hospice Administrator Faces 5 years and $250k](https://helpdesksuites.com/2016/03/16/personal-liability-in-the-workplace/): When I talk about personal liability in the workplace, sometimes people doubt my warnings are valid. Many laws are written to include penalties for not only the Big Boss leadership (owners), but also individual workers. “Following orders” is no excuse for breaking the law. Sometimes the violation in question may seem a little ambiguous as to whom the guilt really belongs. Then sometimes all I can say is “C’MON MAN!”…
- [Spoonful of HR: 4 Audits Every Payroll Office Must Perform](https://helpdesksuites.com/2016/03/16/4-audits-every-payroll-office-must-perform/): Enjoy one of our older videos. The format may be dated, but the content is 100% valid! Be Audit-Secure! Lisa Smith
- [Spoonful of HR: 3 Main Questions Your Auditor Will Ask](https://helpdesksuites.com/2016/03/15/3-main-questions-your-auditor-will-ask/): Enjoy one of our older videos. The format may be dated, but the content is 100% valid! Be Audit-Secure! Lisa Smith
- [Spoonful of HR: Fair Labor Standards Act (FLSA) Part 2](https://helpdesksuites.com/2016/03/14/flsa-2/)
- [Spoonful of HR: Fair Labor Standards Act (FLSA) Part 1](https://helpdesksuites.com/2016/03/14/flsa-1/)
- [Expanded Philadelphia Ban the Box Law Effective March 14, 2016](https://helpdesksuites.com/2016/03/11/philadelphia-ban-the-box-law/): Key changes to the Philadelphia Ban the Box law are set to take effect March 14, 2016. The amended law adds several restrictions to employers who  perform background checks. Read on for the  details…
- [Vermont Paid Sick Leave Law Signed](https://helpdesksuites.com/2016/03/11/vermont-paid-sick-leave-law-signed/): President Obama praised Vermont and Gov. Peter Shumlin for making paid sick leave a reality for working Vermonters.
- [Audio Spoonfuls of HR: He-Man Woman Haters Club](https://helpdesksuites.com/2016/03/11/he-man-woman-haters-club-2/): Join me here for a throw-back episode from one of my 2015 podcast attempts. LOL Tune in and listen as I talk about the generation gap in the workplace and why people of all ages should make an  effort to know about the other generations in their particular workplace. We’ll start with the He-man Woman Haters Club! Share Your Questions! If you’d like to ask Lisa a question about human resources, employment law, payroll, OSHA, finding work/life balance, or some other hot business topic, just drop it into the comments below! She’ll be addressing these topics and more regularly in future […]
- [Spoonful of HR: Are You Doing it Wrong?](https://helpdesksuites.com/2016/03/11/are-you-doing-it-wrong/): Remember the 1970’s movie Mr. Mom? In this movie, Jack Butler (Michael Keaton) was a dad who  learned a hard lesson about how important a mother’s job  really is to the entire family. He thought the mundane duties of the day like making breakfast, changing diapers and driving carpool were up for interpretation and he knew best how to take on the job. Man, was he in for a rude awakening! Watch this video and ask  yourself “What am I taking for granted that may result in a “Doing it wrong” scenario. Are you (or your boss) guilty of trying to […]
- [Safety and Security in the Workplace](https://helpdesksuites.com/2016/03/10/safety-and-security-in-the-workplace/): You don’t have to be in the hotel business to understand why the Erin Andrews case has really opened up quite a discussion in the world of HR and OSHA compliance. Ms. Andrews was video taped nude without her knowledge by a stalker who obtained her name and room number from the hotel staff. We talk a lot about OSHA compliance for our employees and HIPAA for our patients, employees and some of our customers. But, how are we viewing the entire scope of safety and security in the workplace?
- [BREAKING NEWS: DOL Confirms July Release of Overtime Exemption Final Rule](https://helpdesksuites.com/2016/02/20/dol-confirms-july-release-overtime-final-rule/): Listen up Employers, Managers and Supervisors! The Department of Labor’s Solicitor of Labor, Patricia Smith, confirmed the release and implementation plans for the much anticipated White Collar Overtime Exemption Final Rule during her speech at the American Bar Association’s mid-winter meeting of the Federal Labor Standards Legislation Committee. This is truly BREAKING NEWS that all employers must pay  attention to and prepare for now!
- [Old Navy to Pay  $3.5 Million in Wage and Hour Class Action](https://helpdesksuites.com/2016/02/19/old-navy-wage-and-hour-suit/): Every day a new wage and hour class action is filed and/or settled somewhere in the USA. Why is it so hard to just do it right? Do what right, you ask? Well….. all of it. Pay workers a fair wage plus overtime – for starters. Use some reason. If it sounds unfair to the worker, it probably is.
- [Overtime Exemptions: Even the Big Guys are Doing it Wrong!](https://helpdesksuites.com/2016/02/17/overtime-exemptions-big-guys/): Overtime exemptions can be difficult to determine. Have you ever thought you might just call up your friend who works for a large nationally known corporation and ask how they classify certain types of workers? I mean, after all, the big guys have all of the money and can afford to pay expert employment law attorneys to advise them on such tricky matters as whether or not overtime must be paid to particular workers. Right? Read on and find out the answer many people dread to hear.
- [Correctly Calculating Overtime When Bonuses are Paid](https://helpdesksuites.com/2016/02/15/correctly-calculating-overtime-when-bonuses-are-paid/): Calculating overtime is always a source of litigation when you open most any law blog. Complicating the various methods of calculation required by either a federal or state law is the addition of payments such as bonuses which may affect the overtime rate. I came across this court case which nicely spelled out the calculations used federally and by the state of California. Read on and see if you would have chosen the correct method. Maybe you will learn something you never knew!
- [The Workplace Gossip: Vital or Viral?](https://helpdesksuites.com/2016/02/01/workplace-gossip-vital-or-viral/): The workplace gossip (as in the person) can be such an annoyance. However, a few HR “experts” believe the workplace gossip is necessary and even a sought after skill. What do you think? Do we need people with this so-called “social skill”? Read the article below and decide for yourself.  
- [New FLSA Overtime Exemptions Coming in July?](https://helpdesksuites.com/2016/02/01/flsa-overtime-exemptions-in-july/): The new FLSA overtime exemptions are the source of anxiety for many  employers who are waiting on edge for the release of  the Final Rule. We were supposed to get this new guidance in late 2015, but were told at the last minute we would likely see the release in late 2016. So, what has changed? Will we really be getting the new Rule in July? Read the article below and see what the attorneys believe.
- [Attorney Urges Employers to Address Domestic Violence](https://helpdesksuites.com/2016/02/01/employers-urged-to-address-domestic-violence/): Domestic Violence is an epidemic. 25% (or more) of women and almost as many men are victims of violence at the hand of an intimate partner or family member. Look around your workplace and remember this statistic. I love to write about the reality of Domestic Violence and how your workplace is affected. Sadly, I get rolling eyes and very uncomfortable faces when I  discuss this topic in HR law classes I often conduct. The attitude “that only happens to other people” has proved deadly for hundreds of thousands of men and women who work somewhere. Maybe they work for you. […]
- [The Zika Virus: What is an Employer's Responsibility](https://helpdesksuites.com/2016/02/01/zika-virus-employers-responsibility/): As the news spreads of the sad effects of the Zika Virus on a developing fetus, all women of childbearing age are looking for ways to protect themselves from coming into contact with the seemingly invisible (but deadly) mosquitoes carrying Zika. Employers are also concerned with the possible responsibilities they bear under employment laws such as OSHA and ADA regarding this very  serious public health concern.
- [How to Write Solid Job Descriptions PDQ](https://helpdesksuites.com/2016/02/01/write-solid-job-descriptions-pdq/): Job description creation is time consuming and requires a lot of research. Managers and employers struggle to find the time to do this task properly. And, of course, when this item pops up on the “to do” list the boss wants it done PDQ! (Pretty Darn Quick) So, what’s a manager to do?
- [Be the Kate McKinnon of Compliance](https://helpdesksuites.com/2016/01/27/kate-mckinnon-of-compliance/): So, I watch the  Tonight Show with Jimmy Fallon every night. If you read my blog or listen to my podcast you may have picked up on what a huge fan I am. Last night he had Kate McKinnon on the show. I LUV her, so I was mos def watching. The lessons I pulled out of this episode were so great, I couldn’t wait to write this post!
- [Just in Case: This is Getting Old](https://helpdesksuites.com/2016/01/27/just-in-case-this-is-getting-old/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [Just in Case: We're Short Staffed](https://helpdesksuites.com/2016/01/27/just-in-case-were-short-staffed/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [Just in Case: FMLA Trip Gone Sour](https://helpdesksuites.com/2016/01/27/just-in-case-fmla-trip-gone-sour/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [BREAKING NEWS: Joint Employment Clarification Issued by DOL](https://helpdesksuites.com/2016/01/26/joint-employment-clarification-dol/): *** JUNE 7, 2017 THIS ADMINISTRATORS INTERP LETTER WAS REMOVED BY DOL. *** Joint employment exists when a person is employed by two or more employers such that the employers are responsible, both individually and jointly, for compliance with a statute. This has been a point of pretty serious confusion for many employers across the nation. The DOL recognized this issue and published an Administrators Interpretation on January 20, 2016. Read on to review the basics of the interp in a Q/A format. 1. Q. What is an Administrator’s Interpretation? A. The Wage and Hour Division (WHD) constantly seeks opportunities to […]
- [Payroll Jeopardy](https://helpdesksuites.com/2016/01/26/payroll-jeopardy/): Hey Compliance Warriors! Payroll Law Jeopardy 2016 is a fun way to train your clerks, managers and supervisors on what it takes to Be Audit-Secure in your payroll department! To navigate the game, choose your question and then click on the  screen to reveal the questions and answers line by line. Use the arrows (when available) to navigate back to the game board. Use my game or create your own to fit specific knowledge required for your industry or state. Enjoy and Be Audit-Secure!
- [Really?? & C'MON Man!: International Yoga Guru Found Guilty of Sexual Harassment](https://helpdesksuites.com/2016/01/25/yoga-guru-guilty-sexual-harassment/): Hey HR Compliance Warriors! This is really one for the Idiot Book. Famous international yoga guru Bikram Choudhury and his yoga college must pay at least $924,000 in damages for sexually harassing his former legal adviser and wrongfully firing her for investigating sexual discrimination and assault claims against him, a California jury concluded Monday. Really?? C’MON Man!  Read on…
- [Just in Case: Prayer Breaks](https://helpdesksuites.com/2016/01/25/just-in-case-prayer-breaks/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [How Do Snow Days Affect FMLA Leave](https://helpdesksuites.com/2016/01/25/snow-days-affect-fmla-leave/): Winter is here and in full swing for 2016! Many employers with 50+ employees (or less in some states) are asking the question: FMLA Leave and Snow Days: How does this work?
- [The Gig Economy and Independent Contractor vs. Employee Classification](https://helpdesksuites.com/2016/01/22/gig-economy-and-independent-contractor-vs-employee-classification/): The Gig Economy is a Hot Topic in many areas of business. But, what does it mean to your
- [Breaking News: IRS Employee Transit Benefit Rule](https://helpdesksuites.com/2016/01/18/irs-employee-transit-benefit-rule/): Just when you thought it was safe to send your W-2s:  The IRS employee transit benefit rule has arrived! On December 18, 2015, Public Law No. 114-113 was born.This new law amended the Internal Revenue Code to retroactively (and permanently) adjust the limits on qualified transportation fringe benefits. On January 11, 2016, the Internal Revenue Service issued Notice 2016-6 to address employers’ questions regarding the implications of this law and the correction of employment tax withheld in 2015 on money which is now tax free.
- [Interview Questions You Cannot Ask](https://helpdesksuites.com/2016/01/18/interview-questions-you-cannot-ask/): Formulating interview questions can be a daunting task. Which questions will get me sued and how can I phrase this so I get the answers I need without breaking the law? 
- [Labor and Employment Law in 2016: 16 Resolutions Employers Must Make](https://helpdesksuites.com/2016/01/15/labor-and-employment-law-2016-resolutions/): Labor and employment law issues were big news in 2015. Some folks believed that in 2016 much of this activity would die down a bit as we all become preoccupied with the coming election. Yeah, Right!!   Attorney  Alizah Z. Diamond  of the lawfirm  Schnader Harrison Segal & Lewis LLP, issued an article a few days ago making several good points and listing 16 resolutions employers must make going into 2016 in order to maintain compliance. So, here are some fun facts about employment law in 2016 to round out  your week! 
- [Workers' Compensation Insurance: 10 Must Ask Questions](https://helpdesksuites.com/2016/01/12/workers-compensation-insurance-10-must-ask-questions/): Many employers view Workers’ Compensation Insurance as a necessary evil! Don’t get me wrong. We need the coverage and we want to take care of the people who work hard to make our entrepreneurial dreams come true. But, some employers get confused when it comes to making the range of  decisions necessary to implement a solid program. So, I have created “10 MUST ASK Questions Before Purchasing Workers’ Comp”. Enjoy!
- [Leadership Training: Lessons We Can Learn From Jimmy Fallon](https://helpdesksuites.com/2016/01/11/leadership-training-lessons-from-jimmy-fallon/): 2016 is the year you become a leader. “I’m already a leader”, you say. Yes, but are you as effective as you would like to be? Is leadership training one of the least items on your long list of things to do this year? Do you struggle with the blocks in your pyramid crumbling and pushing against one another? Do you ever wonder why customer service and satisfaction scores aren’t great in your organization? Is negativity in your workplace and passive-aggressive behavior an ongoing battle? Do you wish communication was better and people just said what they meant? (and meant what they […]
- [HelpDesk OSHA Compliance Tool-Kits Updated for 2016](https://helpdesksuites.com/2016/01/10/helpdesk-osha-compliance-toolkits-are-updated-for-2016/): Hello HelpDesk Framily! So, 2016 is HERE and I am super excited to announce: HelpDesk OSHA Compliance Tool-Kits are Updated for 2016! With thousands of HelpDesk Compliance Warriors on our rolls, we get feedback asking for particular “help” to be added to the already populous job aids and reference pieces. We listen to your requests and our attention to your needs is very evident in the new releases of our resources. So, thank you for your input. You make us better than the rest! So, let’s recap and then I will outline the updates for you.
- [Employment Law Compliance: REALLY?? and Come On Man!](https://helpdesksuites.com/2016/01/08/employment-law-compliance/): Employers Beware: Employment Law Compliance Gurus are Doing it Wrong! This is one of those “Come on Man!” moments. Or, like Seth Myers and Amy Poehler used to say: REALLY?? On December 16, 2015 American Futures Systems (aka Progressive Business Publications) and its owner Edward Satell were handed FLSA violation fines requiring them to pay back wages totaling $1.75 million to employees who were deprived of minimum wage and overtime pay. So, why do we care? Well, I care because this company publishes employment law compliance newsletters that tell us how to do it right. I, personally, have spent a lot […]
- [OSHA Fines Dollar General Location $162,800](https://helpdesksuites.com/2016/01/07/osha-fines-one-dollar-general/): Happy New Year to Dollar General, or NOT! On December 31, 2015 OSHA fines to one Dollar General location is Sherman Texas totaled: $162,800. Man, that DG location must have killed a worker to get a fine that big, right? NOPE! But, the chain in general has been on the repeat offender list for years. The fines this time are related to very common violations that can be found in many workplaces across America. So, read the details and ask yourself: Is my workplace OSHA compliant? Can I afford a fine of over $100,00?  Enjoy!
- [HelpDesk Tool-Kits Updated for 2016](https://helpdesksuites.com/2016/01/05/helpdesk-toolkits-are-updated-for-2016/): Hello HelpDesk Framily! So, 2016 is HERE and I am super excited to announce: HelpDesk Tool-Kits are Updated for 2016! With thousands of HelpDesk Compliance Warriors on our rolls, we get feedback asking for particular “help” to be added to the already populous job aids and reference pieces. We listen to your requests and our attention to your needs is very evident in the new releases of our resources. So, thank you for your input. You make us better than the rest! So, let’s recap and then I will outline the updates for you.
- [What's up with the ACA Requirements for 2016?](https://helpdesksuites.com/2016/01/05/aca-requirements-for-2016/): Hey Warriors! The Affordable Care Act is controversial (and that is putting it mildly)! Many of you are asking me if possibly it will be repealed in 2016. The short answer is probably not. But, depending on how the election goes in November, we may very well see changes in 2017. So, plan to abide by the ACA when setting goals throughout 2016 and on into 2017. But, watch and listen for possibly fast-paced changes as the year progresses. For now read the very detailed article below – by attorneys Ilyse W. Schuman, Russell D. Chapman and Steven J. Friedman of […]
- [OSHA Guidelines to Update in 2016](https://helpdesksuites.com/2015/12/30/osha-guidelines-updating-2016/): Hey OSHA Compliance Warriors! Do you ever get frustrated and say, “I guess if they had wanted my opinion they would have asked for it.”? Well, OSHA guidelines are updating in 2016 and they are asking for your opinion on the proposed new Safety and Health Program Management Guidelines.
- [ACA Reporting Delayed in 2016](https://helpdesksuites.com/2015/12/30/aca-reporting-delayed-2016/): Hey Employers! This time each year Compliance Warriors look closely to see what last minute laws are signed or changed for the upcoming year.  Today, I have some good news as we enter the employment law 2016 season.
- [Medical Marijuana 2015: One Step Closer to LEGAL](https://helpdesksuites.com/2015/12/21/medical-marijuana-2015/): For years, medical marijuana dispensers have been raided and arrested in states that legally allow the use, growth, and sale of marijuana for medical reasons. But, a few days ago, Congress once again renewed the ban on the use of federal funds for the  purpose of investigating and prosecuting the use of medical marijuana in states where it has been legalized. Nothing has been said officially about the federal stance on medical marijuana and the ADA, FMLA, OSHA or other employment laws that address the treatment of employees who Dance with Medical Mary Jane to treat a disabling condition. Nevertheless, this […]
- [Restauranteurs Take Notice: Are No Tipping Policies the Way of the Future?](https://helpdesksuites.com/2015/12/16/no-tipping-policies/): Imagine going to eat at a restaurant and NOT leaving a tip! Ok, some folks may already have this habit. But, now imagine not leaving the tip and no one is angry. Everywhere you go, you never tip!  Why? Because No Tipping Policies are in effect and tipping is not required, nor is it expected. For real? Yup! Read the following article for a full explanation.
- [Employment Law Update 2016 by State](https://helpdesksuites.com/2015/12/14/employment-law-update-2016-by-state/): Hey Compliance Warriors! As 2016 approaches, we are preparing to update our tables and other reference sources. But, here is a sneak peek of the Employment Law Update 2016 we obtained from one of the law firms we use for guidance and case law interpretation. Enjoy!
- [I-9 Compliance in 2016](https://helpdesksuites.com/2015/12/14/i-9-compliance-in-2016/): Yes, once again, we are anticipating some serious changes to I-9 Compliance in 2016. The updates are expected to occur when the  current form expires at the end of March 2016.
- [VIP Compliance Update Dec.10, 2015:  2016 Employment Law Update by State](https://helpdesksuites.com/2015/12/10/members-only-vip-compliance-update/): Today’s Release: 14 page Table of 2016 Employment Law Changes: Federally and By State
- [USDOL Says Retail Employers are CHEATING Workers](https://helpdesksuites.com/2015/12/07/usdol-says-employers-cheat-employees/): Last week, the USDOL issued a statement regarding their view of the treatment of retail employees in the workplace. The US DOL believes employees are being cheated out of minimum wage and overtime protections and they are doing something to help single out the offending employers.
- [HelpDesk Updates Coming in 2016](https://helpdesksuites.com/2015/12/04/helpdesk-updates-coming-in-2016/): Hello HelpDesk Framily! So, 2016 is just around the bend and I am super excited to do some serious updating to our HelpDesk line of tool-kits! With thousands of HelpDesk Compliance Warriors on our rolls, we get feedback asking for particular “help” to be added to the populous job aids and reference pieces. So, thank you for your input. Keep it coming!
- [DOL Overtime Rule Delayed Until Late 2016](https://helpdesksuites.com/2015/11/19/dol-overtime-rule-delayed-2016/): Well, bummer! I have been so excited to see the Final Overtime Rule promised by the DOL and now my dreams are dashed for possibly another year. What’s a girl to do?  Read the SHRM article below for all of the details and try not to cry…..
- [Tough Conversations: Domestic Violence in Your Workplace](https://helpdesksuites.com/2015/11/12/domestic-violence/): I understand that you may really hate the idea of discussing things like racism, religious tolerance, bad attitudes and many other difficult or hot-button topics that cause friction between co-workers. But, we do it anyway, right?  Even more difficult are the topics surrounding Workplace Violence. We are dodging at least one very crucial topic that could mean the difference between life and death in our own workplaces. Domestic Violence.
- [Workplace Policies and Procedures: Inconsistency Kills](https://helpdesksuites.com/2015/11/12/workplace-policies/): Some employers view written workplace policies and procedures as a noisy hindrance to their freedom as business owners. I have actually had people across the country tell me they refuse to follow a book that bosses them around. But, the thing is, those same employers have a tendency to treat employees differently in same or similar circumstances. That’s inconsistency and it KILLS! Read the post below and consider how close to the bulls-eye your company is on maintaining consistency.
- [Audit Secure Series: Steps 7 and 8 Training and Internal Audits](https://helpdesksuites.com/2015/11/05/audit-secure-series-step-7-8-training-and-internal-audits/): Step 7  Training     Step 8 Internal Audits Let me know what you think in the comments below. Smarter is Better Solutions for a Smarter Compliance Strategy Here’s what we’ve got for you: Over 20 Video and Audio Solutions to start you on an Audit-Secure action plan for your business. OSHA 101  in to begin your Audit-Secure employee training program, today! Discounts on Premium eLearning courses providing an affordable path to Audit-Security. Click the button below and join now it’s free:  
- [EEOC Issues Proposed Rule to Amend Title II of GINA](https://helpdesksuites.com/2015/11/02/eeoc-proposed-rule/): On Friday, October 30, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to amend the regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA) as they relate to employer wellness programs that are part of group health plans. The proposed rule would allow employers who offer wellness programs as part of group health plans to provide limited financial and other incentives in exchange for an employee’s spouse providing information about his or her current or past health status.
- [SAFE Act Introduced to Protect Domestic Violence Survivors in the Workplace](https://helpdesksuites.com/2015/11/01/domestic-violence-safe-act/): Women and men across the country are driven from their jobs and homes annually due to relentless abusers. My hope is that one day soon employers will realize the severity of domestic violence realities and willingly participate in the effort to protect workers who stand to lose everything. On October 27, 2015, Senator Patty Murray (D-WA) announced the introduction of the Security and Financial Empowerment (SAFE) Act of 2015, building on the Violence Against Women Act (VAWA) and the Affordable Care Act (ACA). Click the link below to read the entire article on this very important subject. https://www.yahoo.com/health/safe-act-introduced-to-protect-domestic-violence-172535844.html Until Next Time, […]
- [Will Fall Back Affect Your Time Clocks: Yes or No?](https://helpdesksuites.com/2015/10/30/fall-back-2015/): This weekend (Sunday around 2am to be exact) we will roll back our clocks. Many call this the “Fall Back” procedure. In a few months we will “Spring Forward”. So, why do we performs these annual procedures? How does Falling and Springing affect your time clocks? Should we be concerned that an employee will be over paid or under paid? These are all valid questions. So, let’s break it down!
- [Breaking News: IRS Proposed Rule Clarifying the Laws for Same Sex Marriage](https://helpdesksuites.com/2015/10/24/irs-definition-of-spouse/): Employers! You no longer need to hold  your breath hoping you are “doing  it right” regarding same sex marriage equality laws. On October 23rd, 2015, the question of how employers and other entities must handle the definition of marriage for IRS tax purposes was answered in the new IRS proposed rule regarding implementation of the Windsor and Obergefell v. Hodges based laws for same sex marriage. Also clarified was treatment of domestic partnerships and civil unions for IRS tax purposes. This clarification reaches out and touches many other issues you face regarding civil unions, domestic partnerships and opposite sex relationships of […]
- [Audit Secure Series: Step 6 of 8 Communication](https://helpdesksuites.com/2015/10/20/audit-secure-series-step-6-8-communication/): Smarter is Better Solutions for a Smarter Compliance Strategy Here’s what we’ve got for you: Over 20 Video and Audio Solutions to start you on an Audit-Secure action plan for your business. OSHA 101  in English and Spanish to begin your Audit-Secure employee training program, today! Discounts on Premium eLearning courses providing an affordable path to Audit-Security. Click the button below and join now it’s free: JOIN NOW
- [Audit Secure Series: Step 5 of 8 Standard Operating Procedures](https://helpdesksuites.com/2015/10/14/audit-secure-series-standard-operating-procedures/): Smarter is Better Solutions for a Smarter Compliance Strategy Here’s what we’ve got for you: Over 20 Video and Audio Solutions to start you on an Audit-Secure action plan for your business. OSHA 101  in English and Spanish to begin your Audit-Secure employee training program, today! Discounts on Premium eLearning courses providing an affordable path to Audit-Security. Click the button below and join now it’s free: JOIN NOW
- [Just in Case: "Workplace Cliques"](https://helpdesksuites.com/2015/10/14/just-case-workplace-cliques/)
- [Just in Case: "Really Unpaid Jury Duty"](https://helpdesksuites.com/2015/10/12/just-case-unpaid-jury-duty/)
- [Breaking News: Georgia Wage Garnishment Question Answered](https://helpdesksuites.com/2015/10/08/georgia-wage-garnishment/): On October 5th, 2015, the question of how employers must handle a wage garnishment and the  monies returned by various Georgia counties was somewhat put to rest. Leanne Mehrman and Henry Warrnock, attorneys in the  FordHarrison,LLP Atlanta law offices published the following update with some good direction for the near future. Read and enjoy!
- [Just in Case: "Unapproved Overtime"](https://helpdesksuites.com/2015/10/08/just-case-unapproved-overtime/)
- [Just in Case: "A Bag of Chips"](https://helpdesksuites.com/2015/10/06/just-case-bag-chips/)
- [Audit Secure Series: Step 4 of 8 Policies and Procedures](https://helpdesksuites.com/2015/10/01/audit-secure-series-step-4-policies-and-procedures/): Hey folks.  I am Lisa Smith and we are talking about the cornerstones of Be Audit Secure. Here we go. I get really passionate about policies and procedures in your workplace. Oh my.  I had an organization that came to class one day and I won’t tell you who, where, what any of that.  But, if you go to the condiment aisle at one of your major grocers and you just kind of do this, (looking around) you will eventually see their product. That’s all I can say.  That being not said, they came to class and we started talking about […]
- [Audit Secure Series: Step 3 Rule of 3s](https://helpdesksuites.com/2015/09/24/audit-secure-series-part-3-rule-of-3s/): Hi, I’m Lisa Smith. Here at BeAuditSecure.com, we have a few foundational beliefs about how we approach payroll and human resources.  I want to share those with you today.  One of my very most foundational, non-negotiable, must do things for my business and yours is the rule of 3’s. Yep, the rule of 3’s.   What is that?  Let me just briefly tell you.  Before I teach, before I believe, before I recommend or before I implement any policy, procedure, guideline, in any of my classes, business, any of my clients I make sure I get the same answer verified from 3 […]
- [Audit Secure Series: Step 2 of 8 Reasonable Basis](https://helpdesksuites.com/2015/09/14/step-2-8-reasonable-basis/): In this video, I am talking about Reasonable Basis. There is no negotiation on Reasonable Basis.  So, what is it?  The hardest question I had to answer, as I sat across the table from an investigator.  Yeah, that’s right.  I had to sit across the table from an investigator who said to me, “What made you think this was the right way to do “X”? Oh my goodness! Hopefully you have never had to have that question come at you. But beware of that question, because if your answer is going to be something like mine which was,  “Well, um, I just kind of got put […]
- [Health Care Tax Credits for Small Businesses – Have you checked this out?](https://helpdesksuites.com/2015/09/14/health-care-tax-credits/): The IRS is informing all small business owners of the possible eligibility you may have for the Small Business Health Care Tax Credits, which can give you more room to breathe, amongst other Small Business taxes you already pay.  Your first question may be: How will this help my small business?
- [You’re Fired! Medical Marijuana Use Challenged](https://helpdesksuites.com/2015/09/10/medical-marijuana/): Dancing with Mary Jane? We all know that Colorado is known for having legalized marijuana that is used recreationally or medically since the winter of 2012.  In the business world, Colorado has laws that do not allow employers from terminating employees for enacting lawful activities outside of work.  However, let’s decipher the following case that occurred in mid-June of this year.
- [8 Part Video Series: How to Be Audit Secure - Intro](https://helpdesksuites.com/2015/09/08/how-to-be-audit-secure-intro/):     About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.   Smarter is Better Solutions for a Smarter Compliance Strategy Here’s what we’ve got for you: 8 Step Video Series with an Audit-Secure action plan for your business. OSHA 101, FLSA 2 part series, 4 Audits Every Payroll Office Should Perform! Payroll Audit Checklists, W-4 Completion 3 part course, 3 Questions Your Auditor Will Ask . […]
- [Breaking News: Executive Order Mandating Paid Sick Leave for Federal Contractors](https://helpdesksuites.com/2015/09/07/paid-sick-leave/): Federal Contractors awoke to a Labor Day game-changer. President Obama signed an Executive Order on Monday, September 7th, 2015 mandating paid sick leave for employees working on federal contracts. This new mandate will affect all federal contracts beginning in 2017.
- [Exempt or Non-Exempt? Comment Period Ends Today!](https://helpdesksuites.com/2015/09/04/exempt-or-nonexempt/): What will the verdict be? The comment period for the Department of Labor’s Proposed Rule to re-vamp the minimum wage and overtime laws for salaried-exempt workers is up today! If you have not yet made your opinions known, there is still time. But, you had better hurry. At midnight this baby turns into a pumpkin.
- [SBS 025: Dating in the Workplace](https://helpdesksuites.com/2015/09/03/sbs-025-dating-in-the-workplace/): Hello! I am on break right now playing with my two new grand-babies! So, enjoy some of my pre-Small Business Spoonfuls recordings. I’ll be back soon. In this episode I am discussing the basics managers need to understand when employees are dating in the workplace. Here are some cool and helpful links! Good Advice Article!   Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! So, be certain to leave me your contact information. I need to know where to aim my T-shirt canon! Listen […]
- [SBS 024: The 3 Worst Mistakes a Manger Can Make While Interviewing](https://helpdesksuites.com/2015/09/01/sbs-024-the-3-worst-mistakes-a-manger-can-make-while-interviewing/): Hello! I am on break right now playing with my two new grand-babies! So, enjoy some of my pre-Small Business Spoonfuls recordings. I’ll be back soon. In this episode I am outlining 3 of the worst interview mistakes employers make. Sure there are many more to watch out for, but consider these 3 checked off the list! Here are some cool and helpful links! Here are ten more! Now,  you can also use SpeakPipe to record your questions! When I use your question on one of my episodes, you will receive a free T-shirt! So, be certain to leave me your […]
- [Chicago News: Minimum Wage Increased](https://helpdesksuites.com/2015/08/24/chicago-minimum-wage-increased/): I’ll take 10! $10 per hour that is!  Up until June 30th, 2015, employees received a minimum wage of $8.25 per hour and if there are employers that comply with federal minimum wage laws, then, their employees made $7.25 per hour.  Beginning, July 1st, 2015, and every year thereafter (until further notice) there will be a minimum wage increase!  This did not cater to the “I want $15 per hour!” chant that ran across the streets of Chicago, but hey, it has progressed from the $8.25 per hour Chicago residents are used to getting.
- [Breaking News: DOL Will Not Pursue 2016 Final Rule for Overtime Exemptions - UPDATE](https://helpdesksuites.com/2017/09/11/breaking-news-dol-will-not-pursue-2016-final-rule-for-overtime-exemptions-update/): Hey Compliance Warriors! The U.S. Department of Labor (DOL) has finalized decisions not to defend the overtime rule finalized under the Obama Administration. Instead, the DOL has begun a new rulemaking process. Read on…
- [How to Conduct a Training Needs Assessment - Part 4: Organizational Performance Gap Analysis](https://helpdesksuites.com/2017/08/30/how-to-conduct-a-training-needs-assessment-part-4-organizational-performance-gap-analysis/): The starting point for identifying performance gaps is the strategy of the organization. By isolating the strategic objectives of the organization it is possible to identify the performance objectives that will be required.
- [How to Conduct a Training Needs Assessment - Part 3: Performing a Training Needs Analysis.](https://helpdesksuites.com/2017/08/23/how-to-conduct-a-training-needs-assessment-part-3-performing-a-training-needs-analysis/): It is our experience, that trainers always discuss the requirement to perform a training needs analysis but few will show how you can do it easily.
- [Use of Fluctuating Workweek Limited by Fifth Circuit](https://helpdesksuites.com/2017/08/18/use-fluctuating-workweek-limited-fifth-circuit/): As far as the U.S. Department of Labor is concerned, the “fluctuating workweek” method of calculating overtime pay has always been something of a negative. That likely has something to do with the fact that this calculation can greatly reduce an employer’s overtime liability. 
- [HelpDesk Tool-Kits - HR Tool-Kit Updates - August 2017](https://helpdesksuites.com/2017/08/18/helpdesk-tool-kits-hr-tool-kit-updates-august-2017/): Hey, New York Employers! We have recently made updates to our HelpDesk Compliance Tool-Kits for HR. Read on…
- [How to Conduct a Training Needs Assessment - Part 2: What is a Needs Analysis?](https://helpdesksuites.com/2017/08/17/how-to-conduct-a-training-needs-assessment-part-2-what-is-a-needs-analysis/): Now that you have a better understanding of training within organizations, it is important that we turn our attention to training needs analysis in more detail.  Although there are many different approaches, it is important that we first have a good working definition of what is a training needs analysis. 
- [How to Conduct a Training Needs Assessment - Part 1: What is Training?](https://helpdesksuites.com/2017/08/09/how-to-conduct-a-training-needs-assessment-part-1-what-is-training/):  Almost all managers will have the experience of being part of a training needs analysis in order to solve a problem, resolve a dilemma or bring about some change within an organization through training. However, how many managers or supervisors can actually define “training”?
- [HelpDesk Tool-Kits - Payroll and HR Updates - July 2017](https://helpdesksuites.com/2017/07/18/payroll-and-hr-updates-july-2017/): We have recently made several Payroll and HR updates to our HelpDesk Tool-Kits. Specifically, “by state” wage and hour law updates (Payroll Tool-Kit) and 8 more forms and document samples/templates (HR Tool-Kit). But, that’s not all!  Read on… Read on to see how seriously we take suggestions and requests sent in by our members and re-sellers. HelpDesk for Payroll Professionals Jury Duty Laws by State Voting Laws by State Family Medical Leave Laws by State School-Related Parental Leave Laws by State Updated I-9 Form and Instruction Booklet (July  2017) Added Templates for Tracking Time Worked and Time Off – 6 in a .zip file […]
- [Breaking News: Revised Form I-9 to Be Published July 17, 2017](https://helpdesksuites.com/2017/07/17/revised-form-i-9-to-be-published-july-17-2017/): Hey Compliance Warriors! Well, USCIS has gone and done it again! We have a new I-9! Read on…
- [Breaking News: Minimum Wage Increases Across the Country Effective July 1st, 2017](https://helpdesksuites.com/2017/07/06/breaking-news-minimum-wage-increases-across-the-country-effective-july-1st-2017/): Hey Compliance Warriors! The minimum wageiMinimum laws changed in many states – AND CITIES – on July 1st, 2017. Are your employees due a pay increase?  Read on…
- [Breaking News: DOL Will Not Pursue 2016 Final Rule for Overtime Exemptions](https://helpdesksuites.com/2017/07/05/breaking-news-dol-will-not-pursue-2016-final-rule-for-overtime-exemptions/): Hey Compliance Warriors! The U.S. Department of Labor (DOL) has decided not to defend the overtime rule finalized under the Obama Administration. Instead, the DOL will begin a new rulemaking process. Read on…
- [Members Only: Free Webinar for Wage and Hour Compliance](https://helpdesksuites.com/2017/06/30/members-only-free-webinar-for-wage-and-hour-compliance/): Wage and hour disputes have become the most common source of substantial, employment-related liability facing employers today. Ongoing changes in federal regulations and expanding state regulations add to the compliance challenges facing employers. In this new webinar series, Wage and Hour Practice Group attorneys will offer their perspective on the latest legal developments to make sure employers are well-informed. Read on to register…
- [States Increase Overtime Exempt Salary Thresholds](https://helpdesksuites.com/2017/06/22/states-increase-overtime-exempt-salary-thresholds/): Are you in New York, California, or Iowa? These are just a few of the states that require a specific rate of pay for Overtime-Exempt workers.
- [What? Repetitive Motion](https://helpdesksuites.com/2017/06/08/what-repetitive-motion/): WARNING: The content in this case is adult themed and may possibly offend some individuals. I have included this case in the WHAT? series to show how  insane and unbelievable some cases can be. NEVER say NEVER when it comes to who might sue whom for WHAT. About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [Breaking News: US SECRETARY OF LABOR WITHDRAWS JOINT EMPLOYMENT, INDEPENDENT CONTRACTOR INFORMAL GUIDANCE](https://helpdesksuites.com/2017/06/07/breaking-news-us-secretary-of-labor-withdraws-joint-employment-independent-contractor-informal-guidance/): Hey Compliance Warriors! On June 7, 2017 the Department of Labor ( DOL ) made a big announcement regarding two very hot topics! Read on…
- [What? Employee Spanky Panky](https://helpdesksuites.com/2017/06/01/what-employee-spanky-panky/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [Important Issues Regarding a Restaurant's Tip Credit](https://helpdesksuites.com/2017/05/30/important-issues-regarding-a-restaurants-tip-credit/): Restaurants: Do your employees know that you take the tip credit? If not, read on because you could be in hot water!
- [Video: 5 Steps to Managing Costly Human Resources Issues](https://helpdesksuites.com/2017/05/25/5-steps-to-managing-costly-human-resources-issues/): The Human Resources department manages issues that can cost companies a tremendous amount of money if not handled properly by all managers, supervisors and employees in an organization. Below are 5 tips that will help your company navigate tricky HR issues and hopefully avoid a costly audit, investigation or lawsuit.
- [Members Only: Free Webinar for Businesses With Employees in Arizona](https://helpdesksuites.com/2017/05/24/members-only-free-webinar-for-businesses-with-employees-in-arizona/): Arizona employers listen up! Do  you have all of the necessary information regarding your upcoming paid sick time law? Join the FREE Webinar presented by attorney firm Littler Mendelson P.C. and find out what  you need to know. When: June 6, 2017: Diagnoses and Prescriptions: Top Ten Things Employers Need to Know About Arizona Paid Sick Time Before July 1, 2017 Read on to register…
- [Pittsburgh's Paid Sick Leave Law: The Fight is On!](https://helpdesksuites.com/2017/05/22/pittsburghs-paid-sick-leave-law-the-fight-is-on/): Pittsburgh’s paid sick leave law suffered another loss on May 17th when Commonwealth Court rejected the city’s appeal of a lower court’s ruling. But wait…there’s more!
- [What? Motivational Waterboarding](https://helpdesksuites.com/2017/05/19/what-motivational-waterboarding/): About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [5 Cities and States to Watch as Minimum Wage Debates Continue](https://helpdesksuites.com/2017/05/18/5-cities-and-states-to-watch-as-minimum-wage-debates-continue/): Minimum wage increases are a fact of life that many – if not most – employers in America must realize. However, the debates continue on this subject in many states across the country. Let’s look at 5 states and cities undergoing these very debates. Read on…
- [How to Get an I.C.E. Inspection or "Storm"](https://helpdesksuites.com/2017/05/04/temporary-comp-time-bill-under-consideration-in-2017-2/):  Have you ever wondered what would cause you to get inspected by the I-9 folks (a.k.a. I.C.E.)? Read on…
- [Pryor Learning Solutions Vlog #12: Is the Use of Volunteers Legal or Not?](https://helpdesksuites.com/2017/05/03/pryor-learning-solutions-vlog-12-is-the-use-of-volunteers-legal-or-not/): In this video, Lisa Smith discusses the basics of legally using volunteers in the workplace.
- ["Healthcare Employers" in California Must Know New Cal/OSHA Requirements](https://helpdesksuites.com/2017/05/02/healthcare-employers-in-california-must-know-new-calosha-requirements/): On April, 1, 2017 “Healthcare Employers” in California fell under a whole slew of new requirements. If you are under Cal/OSHA then read this new set of requirements and make sure you know whether you are “healthcare” or not. Read on…
- [Pryor Learning Solutions Vlog #11: Employee Termination - 3 Tips for Success](https://helpdesksuites.com/2017/04/28/pryor-learning-solutions-vlog-11-employee-termination-3-tips-for-success/): In this video, Lisa Smith discusses three key factors to remember when terminating an employee.
- [Members Only: Pop-Up Webinar #6 - Another Update on the Final Rule for Overtime Exemptions](https://helpdesksuites.com/2017/04/27/members-only-pop-up-webinar-6-another-update-on-the-final-rule-for-overtime-exemptions/): Welcome to another Members Only Pop-up Webinars for 2017. Today, I am updating you on the latest info regarding the Final Rule for Overtime Exemptions that has been keeping us hanging for months!
- [Pryor Learning Solutions Vlog #10: Do You Provide Paid Leave?](https://helpdesksuites.com/2017/04/26/pryor-learning-solutions-vlog-10-do-you-provide-paid-leave/): In this video, Lisa Smith discusses the issue of Paid Leave around the country.
- [Members Only: Pop-Up Webinar #5 - What Have You Learned from Bill O'Reilly?](https://helpdesksuites.com/2017/04/25/members-only-pop-up-webinar-5-what-have-you-learned-from-bill-o-reilly/): What have you learned from the FOX News – Bill O’Reilly sexual harassment situations?
- [Breaking News: USCIS Will Issue Redesigned Green Cards and Employment Authorization Documents](https://helpdesksuites.com/2017/04/24/breaking-news-luscis-will-issue-redesigned-green-cards-and-employment-authorization-documents/): Hey Compliance Warriors! On April 19th, 2017 USCIS announced they will be redesigning the “Green Card”.  Will it be “green”? 
- [Pryor Learning Solutions Vlog #9: Update on the Overtime Exemptions Final Rule](https://helpdesksuites.com/2017/04/21/pryor-learning-solutions-vlog-9-update-on-the-overtime-exemptions-final-rule/): UPDATE: This final rule has been put on hold until DOL has an opportunity to appeal or submit a new rule. Update expected in 2019. In this video, Lisa Smith provides an update on the Overtime Exemptions Final Rule.
- [Pryor Learning Solutions Vlog #8: USCIS Increases I-9 Penalties](https://helpdesksuites.com/2017/04/20/pryor-learning-solutions-vlog-8-uscis-increases-i-9-penalties/): In this video, Lisa Smith covers the increase in I-9 penalties for noncompliance.
- [Pryor Learning Solutions Vlog #7: USCIS Issues a New I-9](https://helpdesksuites.com/2017/04/19/pryor-learning-solutions-vlog-7-uscis-issues-a-new-i-9/): In this video, learn about the new I-9 form released this year.
- [Members Only: Free Webinar for Businesses Using Independent Contractors](https://helpdesksuites.com/2017/04/18/members-only-free-webinar-for-businesses-using-independent-contractors/): Do you use independent contractors? If so, then you may know the DOL has been super concerned about the use or misuse of independent workers. Join the FREE Webinar presented by attorney firm Littler Mendelson P.C. and find out what  you need to know. When: April 25, 2017: The Trump administration: Will the attack on independent contracting continue? Read on to register…
- [Temporary Comp Time Bill Under Consideration in 2017](https://helpdesksuites.com/2017/04/17/temporary-comp-time-bill-under-consideration-in-2017/): DEC. 2019 UPDATE: THIS BILL HAS STALLED AND NO FURTHER ACTION HAS BEEN TAKEN. An illegal, but sometimes common payroll practice is once again being considered by lawmakers.  Many employers would love to legally substitute extra paid time off for actual overtime paid as it is worked. But, currently this practice is outside of the law. The U.S. House of Representatives is looking to change all of that… at least temporarily. Read on…
- [6 Things Employers Must Know About Jury Duty in Texas](https://helpdesksuites.com/2017/04/08/6-things-employers-must-know-about-jury-duty-in-texas/): Hey Texas Warriors! I recently had a question from on of our BeAuditSecure.com framily members regarding the employment laws surrounding jury duty in Texas. So, I decided to make a short video and post the Texas law below. For our members who do not reside in my home state, never fear. You are not forgotten. I have posted a link to a By State breakdown of jury duty laws just below the video.  Enjoy!
- [Members Only: Pop-up Webinar #4 Federal Court Ruling on Title VII for LGBT](https://helpdesksuites.com/2017/04/06/members-only-pop-up-webinar-4-federal-court-ruling-on-title-vii-for-lgbt/): Hey Warriors! Welcome to another Members Only Pop-up Webinars for 2017. Today, I am updating you on the latest Federal Court Ruling on Title VII for LGBT workers. Enjoy and BeAuditSecure!   Lisa Smith
- [Do you employee Pastafarians or Onionheads?](https://helpdesksuites.com/2017/04/06/do-you-employee-pastafarians-or-onionheads/): From time to time, funny – strange court cases pop across the wires. Here are two that dealt with religious accommodations and the right to freedom FROM religious practices. Do you employee Pastafarians or Onionheads? Read on…
- [Breaking News: Landmark 7th Circuit Ruling Extends Title VII Protections To Sexual Orientation](https://helpdesksuites.com/2017/04/05/breaking-news-landmark-7th-circuit-ruling-extends-title-vii-protections-to-sexual-orientation/): Hey Compliance Warriors! Pay attention. This is a BIG deal. On April 4th, 2017 a federal court in Chicago became the first U.S. appellate court in the country to rule that LGBT employees are protected from workplace discrimination under the 1964 Civil Rights Act.
- [Members Only: 4 Mistakes Even Smart Managers Make (3 min. Video)](https://helpdesksuites.com/2017/04/04/members-only-4-mistakes-even-smart-managers-make/): Hey Warriors! Are you SMART MANAGERS? I’m sure you are, but there are 4 big mistakes that even SMART managers make. Watch this short video and do a little self evaluation. Then, let me know what you think! Enjoy and BeAuditSecure! Transcript: 4 Mistakes Even Smart Managers Make Managing a business is tough work. Many managers and business owners struggle with work-life balance to the point of jeopardizing the business. Sadly, their family life and personal health often suffer, as well. Brother International has surveyed  small business owners annually for the last six years. In its 2015 survey of 500 U.S. small […]
- [Arizona’s Voter-Approved Minimum Wage and Paid Sick Leave Law](https://helpdesksuites.com/2017/03/22/arizonas-voter-approved-minimum-wage-and-paid-sick-leave-law/): Arizona employers listen up! Your Supreme Court has ruled that your disputed minimum wage increase will hold and you will be providing paid sick leave. Read on…
- [How to Defend Your Actions When Undergoing and Audit or Lawsuit](https://helpdesksuites.com/2017/03/14/how-to-defend-your-actions-when-undergoing-and-audit-or-lawsuit/): One of the scariest moments an employer can have is sitting with an auditor, investigator or litigator and failing to properly answer the #1 question they will ask: “What made you think you could do it this way?”  Properly answering this question can mean that you pay what it costs to fix  the problem, but are not charged extra expensive penalties and damages.
- [OSHA Top 10 Most Cited Safety Issues in 2016](https://helpdesksuites.com/2017/03/08/osha-top-10-most-cited-safety-issues-in-2016/): Labor’s Occupational Safety and Health Administration releases a preliminary list of the 10 most frequently cited safety and health violations for the fiscal year, compiled from nearly 32,000 inspections of workplaces by federal OSHA staff. One remarkable thing about the list is that it rarely changes.
- [Members Only: Break Time for Nursing Mothers](https://helpdesksuites.com/2017/03/07/members-only-break-time-for-nursing-mothers/): Hey Warriors! Welcome to another Members Only special post. Today, I am providing you with a little more info on the Nursing Mothers Break requirements most of you should be observing when necessary. I have included a short explainer video and a FAQ sheet you are able to download in pdf format. Please comment and let me know if you have questions.
- [Do You Have a Nursing Mothers Policy and Procedure?](https://helpdesksuites.com/2017/03/06/do-you-have-a-nursing-mothers-policy-and-procedure/): Here is a chance to audit-secure one of your policies! Do You Have a Nursing Mothers Policy and Procedure? Do you allow nursing mothers to express milk as per federal law? Does your private location for this activity meet federal and state specific guidelines? When the mother exercises her right to this break, does anyone in your workplace “retaliate”? Have you trained all managers and supervisors on this specific type of break? If you can’t answer all of these questions in a manner that benefits the worker, you may be in violation of this very important federal protection for your mothers who […]
- [Do You Know What Your Rights are Under I9 Laws?](https://helpdesksuites.com/2017/03/02/do-you-know-what-your-rights-are-under-i9-laws/): Do you assume you know your rights and what your employee’s rights are under I9 Law? Take a short quiz (15 questions) and see how much you really do know. Some of the answers may surprise you!
- [How to Calculate Overtime When a Worker has 2 Rates of Pay](https://helpdesksuites.com/2017/02/28/how-to-calculate-overtime-when-a-worker-has-2-rates-of-pay/): Have you ever wondered how to calculate overtime when a worker has 2 rates of pay? Well, today is the day you find out! Here is a link to an easy breezy way to calculate overtime when a worker has two rates of pay. This is a calculator sponsored by the Texas Workforce Commission. Very reliable for most states. However, some states like California and Alaska have special overtime rules based on the 8+ hour day. In this case, please do not rely on this calculator, as it assumes you are following overtime rules for the 40 hour work week. Enjoy! […]
- [Members Only: Pop-up Webinar #3 Update on the Status of the Final Rule for Overtime Exemptions](https://helpdesksuites.com/2017/02/27/members-pop-webinar-3-final-rule-update/): Hey Warriors! Welcome to another Members Only Pop-up Webinars for 2017. Today, I am updating you on the latest happenings with the Final Rule for Overtime Exemptions. Please comment and let me know if you have questions. Enjoy and BeAuditSecure! Transcript: Hey good morning compliance warriors, it’s Lisa Smith, just touching base with you on a little bit of an update on the overtime rules for the exempt status personnel that you employ. So we know that I did a pop up webinar a few weeks ago talking about how the overtime rule was put off from the December first deadline and […]
- [Members Only: Pop-up Webinar #2 Our New I-9 and Penalties for Technical Errors](https://helpdesksuites.com/2017/02/06/members-pop-webinar-2-new-i-9/): Hey Warriors! Welcome to another Members Only Pop-up Webinars for 2017. Today, I am reminding you of a few basics and explaining the increased penalties for “technical” errors that e-Verify will NOT protect you from incurring! Please comment and let me know if you have questions. Enjoy and BeAuditSecure! Transcript: Hey compliance warriors, Lisa Smith here with another pop up webinar. So I hope things are going well for you on this Monday February 6th and I wanted to talk to you a little bit because we are about two weeks or so now into the implementation of our new I-9 and so […]
- [HelpDesk Tool-Kits - Payroll and HR Updates - January 2017](https://helpdesksuites.com/2017/01/19/payroll-and-hr-updates-january-2017/): We have recently made several Payroll and HR updates to our HelpDesk Tool-Kits. Specifically, “by state” wage and hour law updates for 2017 (Payroll Tool-Kit) and human resources law updates: federal and by state (HR Tool-Kit). Do you want to see specific tools or other HELP in one of our Tool-Kits? Please, contact us and tell us what you need. We want to put all of  the Help we can on your Desk! Read on to see how seriously we take suggestions and requests sent in by our members and re-sellers. HelpDesk for Payroll Professionals 2017 Minimum wage laws by state 2017 Meal […]
- [Members Only: Pop-up Webinar #1 Update on the Final Rule for Overtime Exemptions](https://helpdesksuites.com/2017/01/05/members-pop-webinar-1-update-final-rule-overtime-exemptions/): Hey Warriors! Welcome to the first of my new Members Only Pop-up Webinars for 2017. I am planning to do these when news is breaking or when there is just a really great topic I need to address. Please comment and let me know if you like this format. They will be short and you are welcome to ask questions in the comment section. Yay! Enjoy and BeAuditSecure! Transcript: Hey compliance warriors, Lisa Smith here. I am just getting started with my new project for 2017, which is going to be pop up webinars. I have been thinking about this for […]
- [State Minimum Wage Changes for 2017](https://helpdesksuites.com/2016/12/08/state-minimum-wage-changes-for-2017/): The New Year is approaching and it is time to raise the pay of your minimum wage employees in more than 20 states and local areas. Are you ready? Check out these State Minimum Wage Changes for 2017. Alaska: $9.80 per hour. Arizona: $10.00 per hour. The minimum wage is also scheduled to increase to $10.50 per hour on January 1, 2018. Arkansas: $8.50 per hour. California: $10.50 per hour. The minimum wage is also scheduled to increase to $11.00 per hour on January 1, 2018. Colorado: $9.30 per hour. The minimum wage is also scheduled to increase to $10.20 per hour […]
- [Blocked Overtime Rules Leave Employers with a Dilemma](https://helpdesksuites.com/2016/12/06/blocked-overtime-rules-leave-employers-with-a-dilemma/): Did you announce new classifications and pay increases that you now want to take back? If so, you are not alone. But, what now?
- [Mexico Minimum Wage Increase for 2017](https://helpdesksuites.com/2016/12/06/mexico-minimum-wage-increase-for-2017/): Do you have employees in Mexico? If so, listen up! The Mexico Minimum Wage Increase for 2017 was announced on December 1, 2016!
- [Breaking News: November 22, 2016 - Texas Judge Blocked Federal Overtime Rules](https://helpdesksuites.com/2016/11/22/breaking-news-texas-judge-blocked-federal-overtime-rules/): Oh my! Today – November 22, 2016 – a judge in Texas blocked federal overtime rules that would have opened up the way for pay increases and overtime pay for millions of workers across the nation. The new rule was set to go live on December 1, 2016. Read on for the details…
- [HelpDesk Tool-Kits - Payroll and Accounts Receivable Updates - November 2016](https://helpdesksuites.com/2016/11/16/payroll-and-accounts-receivable-updates-november-2016/): We have recently made several updates to our HelpDesk Tool-Kits. Specifically, Accounts Receivable Collections and I-9 Compliance updates to our A/R and Payroll Compliance Tool-Kits. Do you want to see specific tools or other HELP in one of our Tool-Kits? Please, contact us and tell us what you need. We want to put all of  the Help we can on your Desk! Read on to see how seriously we take suggestions and requests sent in by our members and re-sellers.
- [Breaking News: I-9 Penalties Increase Effective Immediately](https://helpdesksuites.com/2016/11/16/i-9-penalties-increase-effective-immediately/): Well, the fun just never ends. USCIS has announced increases to the penalties for errors made on completion of Form I-9, along with penalties for many other infractions. One of the most common penalty types has nearly DOUBLED. Read on to see how this may affect your I-9 practices.
- [Pryor Learning Solutions Vlog #6: DOL Penalized for Overtime Violations](https://helpdesksuites.com/2016/11/15/pryor-learning-solutions-vlog-6dol-penalized-for-overtime-violations/): Wage and hour issues are a serious subject with the Department of Labor. No employer wants to be in a position to pay heavy fines and penalties because they violated overtime laws or possibly didn’t classify an employee properly. But guess what. Employers aren’t the only folks out there that have to be concerned about upkeeping their wage and hour policies and procedures.
- [Breaking News: USCIS Issues the NEW I-9](https://helpdesksuites.com/2016/11/15/uscis-issues-the-new-i-9/): Hey Compliance Warriors! USCIS told us to expect the new I-9 on November 22, 2016. SURPRISE! They posted it yesterday afternoon, November 14, 2016. Read on…
- [Docking the pay of Your Overtime Exempt Workers](https://helpdesksuites.com/2016/11/07/docking-the-pay-of-your-overtime-exempt-workers/): The FLSA pay-docking rules are fairly unclear. Usually, they don’t permit deductions from an overtime exempt employee’s salary. The regulations state that the amount of money an overtime exempt employee earns cannot be dependent on the number of days or hours they’ve worked. Also, you cannot deduct money based on the quality or quantity of work produced. However, there are a few ways to legally dock pay if you have written policies in place BEFORE the pay-docking situation occurs.
- [DOL Overtime Rule Sparks Difficult Conversations](https://helpdesksuites.com/2016/11/05/dol-overtime-rule-difficult-conversations/): Well folks, it’s just about that time. The implementation of the DOL Overtime Rule is upon us and if you have not already had a few difficult conversations, you are one of very few affected employers. Guess what? These difficult conversations are not going to stop after December 1, 2016. Going forward you may encounter employees who previously had been assigned as an Overtime-Exempt worker, but will be Overtime-Eligible going  forward. Explaining this may be the difficult conversation I am discussing today.
- [Survey: Which TV Boss are You?](https://helpdesksuites.com/2016/11/04/survey-tv-boss/): A couple of years ago, Career Builder created a cool survey / quiz: “Which TV boss is your boss?” I thought it was pretty funny and telling. So, I would like to turn the tables and  share it with you all. But, instead of looking outside at others, take a minute and look inside. Which TV Boss are You?
- [Pryor Learning Solutions Vlog #5: Employee Retention - 3 Make or Break Factors](https://helpdesksuites.com/2016/10/20/pryor-learning-solutions-vlog-5-employee-retention-3-make-or-break-factors/): Do you sometimes struggle with recruitment and retention issues in your organization? Well, if you do, I have a survey that you’ll enjoy.
- [Pryor Learning Solutions Vlog #4: Employers Must Have a Written FMLA Policy](https://helpdesksuites.com/2016/10/14/pryor-learning-solutions-vlog-4-employers-must-have-a-written-fmla-policy/): Does your organization currently have a written FMLA policy? In the short video below, Lisa Smith discusses the Department of Labor’s new FMLA requirement.
- [Lunch ‘n Learn: OSHA’s Workplace Violence Program Requirements: Domestic Violence](https://helpdesksuites.com/2016/10/13/oshas-workplace-violence-program-domestic-violence/): In this course you will learn: OSHA’s definition of violence and aggression What the risks are for violence by a personal relationship How to recognize the signs of domestic abuse in a co-worker The items employers must address in a workplace violence action plan
- [Gig Economy: Why DOL is Concerned About Freelancers](https://helpdesksuites.com/2016/10/13/gig-economy-why-dol-is-concerned-about-freelancers/): So, what is this Gig Economy we hear so much about? Have you heard of Lyft, Uber, Fiverr or UpWork? These are just of couple of the websites businesses can turn to when filling a specific need for a short-term (or even long-term) project. The freelancers (on-demand workers) on these sites are the bricks in the wall of this new Gig Economy. Check out the updated info in this post and then think very hard about your classification of non-W-2 (independent) workers.
- [5 Reasons All Employers Must Have an Employee Policy Manual](https://helpdesksuites.com/2016/10/07/all-employers-must-have-an-employee-policy-manual/): Wage and hour complaints are one of the fastest rising issues in employment law. An employee policy manual is one major  way employers can show they made significant efforts to “clearly communicate” to all employees the intent to obey the law on all issues. That is of course assuming the policy manual is written to obey the law.
- [Members Only: FREE Webinars for ASAP Members Only](https://helpdesksuites.com/2016/10/07/free-webinars-for-asap-members-only/): Hey ASAP Members! If you subscribe to our HelpDesk Suite of Compliance Tool-Kits or have recently joined our Audit-Secure Assistant Program, you may know that on occasion we provide FREE webinars as part of your program. Well, it’s time again. In October we are offering a Wednesday afternoon webinar on Workplace Violence: How to identify victims of domestic violence in your workplace. This is never a happy topic, but it is necessary. OSHA says so and so does plain old common decency. October is DV Awareness month and I am presenting this webinar as a Survivor of a 12 year marriage […]
- [Voting Laws by State](https://helpdesksuites.com/2016/10/06/voting-laws-by-state-2/): The BIG 2016 Presidential Election is only  a few weeks away. How will you handle employees who wish to vote on election day? Voting laws vary from state to state. Does your company have a written policy and procedure that accurately reflects the voting laws in your state?
- [Members Only: Voting Laws by State](https://helpdesksuites.com/2016/10/01/voting-laws-by-state/): The BIG 2016 Presidential Election is only  a few weeks away. How will you handle employees who wish to vote on election day? Voting laws vary from state to state. Does your company have a written policy and procedure that accurately reflects the voting laws in your state?
- [Breaking News: 21 States Challenge DOL’s New Overtime Rules](https://helpdesksuites.com/2016/09/20/breaking-news-21-states-challenge-new-overtime-rules/): Some say the overtime rules will never see implementation in December. Is this true? Who is trying to block the rules? Read one…
- [I-9 Update and HelpDesk for Payroll](https://helpdesksuites.com/2016/09/16/9-update-helpdesk-payroll/)
- [Breaking News: USCIS Announces New Form I-9](https://helpdesksuites.com/2016/09/15/breaking-news-uscis-announces-new-form-i-9/): Hey Warriors, We have been wondering about the new I-9. Well wonder no more…….  just read on!
- [Do You Know the Definition of Willful ?](https://helpdesksuites.com/2016/09/07/dols-latest-definition-of-willful-2/): USDOL is famous for requiring three years’ of payroll information during a FLSA investigation. They often assess civil money penalties when FLSA violations are determined to be “willful”. So, what is the actual definition of the word willful?
- [DOL's Latest Definition of "Willful"](https://helpdesksuites.com/2016/09/02/dols-latest-definition-of-willful/): USDOL is famous for requiring three years’ of payroll information during a FLSA investigation. They often assess civil money penalties when FLSA violations are determined to be “willful”. So, what is the actual definition of the word “willful”?
- [Pay Overtime or Pay Double Damages](https://helpdesksuites.com/2016/09/01/pay-overtime-or-pay-double-damages/): Read this account of a recent investigation by the Department of Labor (DOL). A small convenience store in New Hampshire found out the hard way employers must Pay Overtime or Pay Double Damages.
- [4 Mistakes Even Smart Managers Make](https://helpdesksuites.com/2016/09/01/4-mistakes-even-smart-managers-make/): Take a look at these 4 mistakes even smart managers make that can cause burnout. If not kept in check, these things will sabotage a career and a business. Managing a business is tough work. Brother International–the maker of printers, scanners, and other office gear–has surveyed small business owners annually for the last six years. In its 2015 survey of 500 U.S. small business owners with fewer than 100 employees, the 4 worst business habits of folks who own and/or manager small businesses were revealed. Let’s take a peek at what they found and do some self-evaluation. 1. Trying to do it all One […]
- [HelpDesk Tool-Kits - FLSA and FMLA Updates - August 2016](https://helpdesksuites.com/2016/08/30/flsa-and-fmla-updates-2016/): August 2016 saw several updates to our HelpDesk Tool-Kits. Specifically, FLSA and FMLA updates to our Human Resources and Payroll Tool-Kits. Do you want to see specific tools or other HELP in one of our Tool-Kits? Please, contact us and tell us what you need. We want to put all of  the Help we can on your Desk! Read on to see how seriously we take suggestions and requests sent in by our members and re-sellers.
- [Employees Who Refuse Flu Shots](https://helpdesksuites.com/2016/08/26/employees-refuse-flu-shots/): Can you fire an employee who refuses a flu shot? Read on…
- [Breaking News: DOL Releases New FLSA Poster and EPPA Poster](https://helpdesksuites.com/2016/08/25/new-flsa-poster-eppa-poster/): Hey Warriors, Have you updated your FLSA poster and EPPA poster?  I’m not trying to  sell you any…lol. This is for real!
- [DOL Overtime Pay Dispute Costs $7 Million](https://helpdesksuites.com/2016/08/25/dol-overtime-pay-dispute/): “Do as we say not as we do.” This could be the new DOL message when penalizing employers across the country. It seems the DOL is also guilty of “doing it wrong”. This overtime pay dispute with about 3000 DOL employees is only the  tip of  the iceberg. Read on…
- [Pryor Learning Solutions Vlog #3: Overtime Exemptions Final Rule: Next Steps](https://helpdesksuites.com/2016/08/24/fred-pryor-seminars-2-2/): UPDATE: This final rule has been put on hold until DOL has an opportunity to appeal or submit a new rule. Update expected in 2019. Do you know and understand the overtime exemption rule recently released by the Department of Labor? In this video, Lisa Smith gives an overview of a few important “next steps” employers should take in order to be ready for the December 1st, 2016 implementation.
- [Pryor Learning Solutions Vlog #2: Overtime Exemptions Final Rule: The Duties Test](https://helpdesksuites.com/2016/08/22/fred-pryor-seminars-2/): Do you know and understand the overtime exemption rule recently released by the Department of Labor? In this video, Lisa Smith gives an overview of which duties qualify an individual for exemption. The DOL’s new overtime final rule is here. May 18, 2016 saw the release of the long awaited details employers may or may not be required to follow in a few months. Tune in and find out what I mean by “may not”. Send your questions to me – lisa@beauditsecure.com Until Next Time, Be Audit Secure! Lisa Smith *This video first appeared on Fred Pryor Seminars YouTube site: https://youtu.be/galJFXpcSoY […]
- [Breaking News: Massachusetts Lawmakers Approve Pay Equity Bill](https://helpdesksuites.com/2016/08/19/massachusetts-lawmakers-approve-pay-equity-bill/): Hey Massachusetts! Get  ready to audit-secure your pay practices. Equal pay is  the  hot topic due to a bill approved on July 23rd, 2016. Get the details here…
- [New OSHA Training Rule - How to Comply](https://helpdesksuites.com/2016/08/18/new-osha-training-rule-how-to-comply/): Check out this article by Safety First Consulting. New OSHA Training Rule Can Be Avoided If You Do This One Thing Until Next Time, Be Audit-Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Development, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.
- [10 Ways to Reduce Turnover in your Organization](https://helpdesksuites.com/2016/08/17/10-ways-to-reduce-turnover-in-your-organization/): Recently, the Society for Human Resources Management polled U.S. employees regarding factors that contribute to their overall job satisfaction. Check out the results and learn what you can do to reduce turnover in your organization!
- [5 Personalities that will Sabotage your Meetings](https://helpdesksuites.com/2016/08/16/5-personalities-that-will-sabotage-your-meetings/): While meetings and brainstorming sessions can generate great results, it takes only one bad seed with a negative personality to turn these sessions unpleasant and unproductive. Here are the most common of the negative personalities, according to a new book, SmartStorming.
- [Pryor Learning Solutions Vlog #1: Overtime Exemptions Final Rule](https://helpdesksuites.com/2016/08/16/fred-pryor-seminars-1/): UPDATE: This final rule has been put on hold until DOL has an opportunity to appeal or submit a new rule. Update expected in 2019. Is your company aware of the recent release of the final rule for FLSA overtime exemption? Be sure you are up to date with all the new FLSA updates. In this video, Lisa Smith goes into a brief overview of the ruling.
- [How to Motivate Creative Thinking in the Workplace](https://helpdesksuites.com/2016/08/15/10-ways-to-encourage-creative-thinking-in-the-workplace/):   Motivating creativity is important to the productivity and cohesiveness in a company. The Marketing Donut listed 10 ways to encourage creative thinking in the workplace. Check it out!
- [7 Strangest Employee Behaviors HR Managers Have Dealt with This Year](https://helpdesksuites.com/2016/08/12/7-strangest-employee-behaviors/): Careerbuilder.com recently conducted a survey to find out which challenges with employees HR managers have dealt with this year. Managers reported some pretty out-there behaviors while on the clock. Here are the  7 strangest employee behaviors the  survey picked up.
- [Lazy Learners, Paid Leave and Recreational Marijuana](https://helpdesksuites.com/2016/08/11/lazy-learners-paid-leave-and-recreational-marijuana/): Lazy Learners, Paid Leave and Recreational Marijuana – 3 articles you do NOT want to miss.
- [5 Ways Managers Are Driving Their Employees Insane](https://helpdesksuites.com/2016/08/10/5-ways-managers-are-driving-their-employees-insane/): Managers will inevitably drive their employees crazy. They’re people too. They aren’t perfect. Andrew Saunders, writing on the U.K.-based website Management Today, recently compiled a list of the kind of behaviors managers, even if unknowingly, fall into. Enjoy and learn from these 5 ways managers are driving their employees insane.
- [Massachusetts Non-Compete Bill is Stuck Again!](https://helpdesksuites.com/2016/08/09/massachusetts-noncompete-bill-is-stuck-again/): A Massachusetts non-compete bill is stuck again! Lawmakers have failed, once again, to come to an agreement on legislation that would clarify the use of non-compete agreements by employers.
- [FMLA and ADA - When They Clash and Why Employers Should Care](https://helpdesksuites.com/2016/08/04/when-they-clash/): So, your employee has requested intermittent FMLA leave with an altered work schedule. Sounds fairly easy. But, what are the hidden issues that may not be mentioned during this conversation?  FMLA and ADA? Why should you care?
- [3 Things to NEVER Do When Dealing with an Unexpected Resignation](https://helpdesksuites.com/2016/07/27/3-things-to-never-do-when-dealing-with-an-unexpected-resignation/): It never fails! It’s a busy Monday morning and Joe approaches you in a huff. The day has already started with busy phones, angry clients and now you are being told that your (normally) most reliable employee is done. No notice, no letter of resignation – just DONE! What now? The next few decisions you make could prove to be the smartest or the least advisable when trying to navigate this sudden transition smoothly.
- [Federal and State Employment Laws That May Affect Your Business After 07/01/2016](https://helpdesksuites.com/2016/07/11/federal-and-state-employment-laws-2016/): Are you aware of federal and state employment laws that may may  have changed in  your state or local area? Read on to be sure you are in the  know for this last half of 2016!
- [Employment Law Blog Feed](https://helpdesksuites.com/2016/07/08/employment-law-blog-feed/): Hello Compliance Warriors! This section of BeAuditSecure.com is dedicated to blogs written by the top employment law firms in the country. [popup type=”iframe” link_text=”Ford-Harrison Webinar Schedule” href=”http://www.fordharrison.com/webinars.aspx” /] [popup type=”iframe” link_text=”Ford Harrison Legal Alerts” href=”http://www.fordharrison.com/legalalerts” /]
- [Rapper T.I. Sued by Employees for Wage and Hour Violations](https://helpdesksuites.com/2016/07/06/rapper-ti-sued-for-wage-and-hour-violations/): Let’s play “Spot the Error(s)”. Headline: Atlanta based rapper T.I. sued by employees at Scales 925, his downtown Atlanta restaurant. Read the article below and see how many violations you can spot.
- [Negative Attitudes In The Workplace: How to Deal](https://helpdesksuites.com/2016/07/05/negative-attitudes-in-the-workplace/): In every workplace, there are negative attitudes that eat away at the productivity of everyone associated with the company. These people may go unidentified for some time, all the while causing major damage.  
- [Tax Treatment of Wellness Program Benefits](https://helpdesksuites.com/2016/06/25/wellness-program-benefits-2/): Listen up Payroll and HR professionals. The IRS recently released clarification regarding the tax treatment of wellness program benefits. 
- [California's Employers Ability To Allow ICE Into The Workplace Challenged By DOJ](https://helpdesksuites.com/2018/04/05/californias-employers-ability-to-allow-ice-into-the-workplace-challenged-by-doj/): Hey Compliance Warriors! The Department of Justice is challenging the ability to allow Immigration and Customs Enforcement in the workplace. Read on for the details…
- [IRS Releases The Revenue Procedure For 2018](https://helpdesksuites.com/2018/04/04/irs-releases-the-revenue-procedure-for-2018/): Hey Compliance Warriors! With the Revenue Procedure for 2018 there are some changes to HSA maximum contribution limit and others. Read on for the details…
- [Religious Discrimination Case Over Flu Vaccine Settles](https://helpdesksuites.com/2018/04/03/religious-discrimination-case-over-flu-vaccine-settles/): Hey Compliance Warriors! The flu vaccine can be a controversial subject. With the flu so common and so dangerous It’s become a requirement for hospital personnel. There are however loop holes in defense of religious beliefs. Read on about this court case on this topic that was settled in North Carolina…
- [Should Employers Offer Egg Freezing As A Benefit?](https://helpdesksuites.com/2018/04/02/should-employers-offer-egg-freezing-as-a-benefit/): Hey Compliance Warriors! With the idea of of women freezing their eggs this day and age becoming more and more popular should employers consider offering benefits that would cover this? Here are some factors to consider. Read on…
- [Can Bill Murray's "Groundhog Day" Movie Be A Lesson For Employers When Considering Pay Apps?](https://helpdesksuites.com/2018/03/29/can-bill-murrays-groundhog-day-movie-be-a-lesson-for-employers-when-considering-pay-apps/): Hey Compliance Warriors! Pay apps can be a blessing and a curse for employers. What lesson can the movie “groundhog day” teach us when it comes to this? Read on…
- [Clarifications Of The Statue Of Limitations Under The Colorado Wage Act](https://helpdesksuites.com/2018/03/29/clarifications-of-the-statue-of-limitations-under-the-colorado-wage-act/): Hey Compliance Warriors! The Colorado Supreme Court has given limitations for wage claims in the state of Colorado. Meaning that any claim has to be made within two or three years of when the wages are issued. Read on for all the details on this…
- [DOL Postpones New Disability Claim Rules](https://helpdesksuites.com/2018/03/27/dol-postpones-new-disability-claim-rules/): Hey Compliance Warriors! The new rules for the procedures on how to handle disability claims have been delayed from being effective January 1, 2018 to April 1, 2018. Read on for more on this…
- [FMLA Tax Credit For Employers Who Offer Paid Sick Leave](https://helpdesksuites.com/2018/03/21/fmla-tax-credit-for-employers-who-offer-paid-sick-leave/): Hey Compliance Warriors! As an employer during tax season we all love to hear the word “credit.” If you’ll consider offering paid family and medical leave to your employees you may be eligible for a tax credit! Read on for the details…
- [California's New Overtime Rules Will Most Likely Cause Payroll Problems](https://helpdesksuites.com/2018/03/20/californias-new-overtime-rules-will-most-likely-cause-payroll-problems/): Hey Compliance Warriors! California recently ruled on new overtime bonus rules. However, this may cause problems for payroll going forward. Read on…
- [Wage and Hour Division Trying Out New Program Pertaining to FLSA](https://helpdesksuites.com/2018/03/19/wage-and-hour-division-trying-out-new-program-pertaining-to-flsa/): Hey Compliance Warriors! FLSA litigation can take forever it seems. The Wage and Hour Division is testing a program called The Payroll Audit Independent Determination program (PAID). PAID is a new pilot program that’s being tested for 6 months hoping to speed up the process. Read on for more information…
- [Should Paternity Leave Be Equal to Maternity Leave? EEOC Weighs In](https://helpdesksuites.com/2018/03/16/should-paternity-leave-be-equal-to-maternity-leave-eeoc-weighs-in/): Hey Compliance Warriors! The EEOC has settled on a case regarding paternity leave. Read on to see what the ruling was…
- [California Supreme Court Implements A New Formula For Calculating Overtime Pay](https://helpdesksuites.com/2018/03/15/california-supreme-court-implements-a-new-formula-for-calculating-overtime-pay/): Hey Compliance Warriors! This new formula for calculating overtime pay in California is employee-friendly. Read on for the details…
- [Ex-Google Employee's Wrongful Termination Gets Ruling](https://helpdesksuites.com/2018/03/14/ex-google-employees-wrongful-termination-gets-ruling/): Hey Compliance Warriors! National Labor Relations Board has an interesting ruling on this wrongful termination complaint by Ex-Google employee. Read on for the details…
- [Workers Comp: Reasons the Employer Wouldn't Have To Pay](https://helpdesksuites.com/2018/03/13/workers-comp-reasons-employer-wouldnt-pay/): Hey Compliance Warriors! Workers Comp can be tricky sometimes. The courts clarify some situations where the employer wouldn’t have to pay to injuries. Read on…
- [Does FMLA Cover The Death Of A Pet?](https://helpdesksuites.com/2018/03/12/fmla-cover-death-pet/): Hey Compliance Warriors! If you’re a pet owner, your pet is no doubt a huge part of your family. Does your company see it that way though? Read on to see what the courts say…
- [4 Ways To Make Sure Your Company Is I-9 Compliant](https://helpdesksuites.com/2018/03/09/4-ways-make-sure-company-9-compliant/): Hey Compliance Warriors! Are you reviewing your company to make sure you’re I-9 compliant? Read on for some tips on what to look for…
- [Sexual Orientation Discrimination- Is It illegal?](https://helpdesksuites.com/2018/03/08/sexual-orientation-discrimination-illegal/): Hey Compliance Warriors! Last year the Supreme Court declined to rule on the issue of sexual orientation discrimination, but theres another court case that may take this issue right back up to the supreme court. Read on…
- [New W-4 Form and Calculator Issued By The I.R.S.](https://helpdesksuites.com/2018/03/07/new-w-4-form-calculator-issued-r-s/)
- [Supreme Court Ruling On Dodd- Frank Act](https://helpdesksuites.com/2018/03/06/supreme-court-ruling-dodd-frank-act/): Hey Compliance Warriors! Here’s an interesting change to the Dodd-Frank Act that changes up the whistleblower protections, making them narrower. Read on…
- [Pay Equity Efforts Increase](https://helpdesksuites.com/2018/03/05/pay-equity-efforts-increase/): Hey Compliance Warriors! We know that pay equity is a big topic right now. In 2017 there was more than 100 bills trying to be passed to narrow the pay gap between men and women. Looks like in 2018 we will see even more initiative. Read on…
- [The "Gig Economy" Benefits Grubhub In Court Case](https://helpdesksuites.com/2018/03/01/gig-economy-benefits-grubhub-court-case/): Hey Compliance Warriors! The “Gig economy” we live in today is very prevalent. It has it’s pros and cons for many companies. In this case Grubhub benefited greatly. Read on…
- [ FMLA: Does Covered Employer Equal Covered Employees?](https://helpdesksuites.com/2018/02/28/fmla-covered-employer-equal-covered-employees/): Hey Compliance Warriors! Public and Private Employers Subject to 50 Employee Threshold Under the FMLA: Does Unconditional Language in Employee Manual Create a Jury Question? Read on..
- [Austin Texas Adopts Paid Sick Leave](https://helpdesksuites.com/2018/02/27/austin-texas-adopts-paid-sick-leave/): Hey Compliance Warriors! Austin Texas is the most recent city to join the paid sick leave train. Read on for the details…
- [Do You Have An Employment Practices Liability Policy?](https://helpdesksuites.com/2018/02/27/employment-practices-liability-policy/): Hey Compliance Warriors! If you do have employment practices liability coverage, have you read all of the exclusions? Are you sure they will pay? Read on to see what one court had to say…
- [Statistics Show Hiring Could Become More Difficult In 2018](https://helpdesksuites.com/2018/02/26/statistics-show-hiring-become-difficult-2018/): Hey Compliance Warriors! You know the old saying: “good help is hard to find?” Well in 2018 we may see that even more as it seems to show its getting harder and harder to find skilled employees. Read on…
- [Maryland: Sick Leave Laws Raise Questions For Out-Of-State Employers](https://helpdesksuites.com/2018/02/23/maryland-sick-leave-laws-raise-questions-state-employers/): Hey Compliance Warriors! Maryland is now the 9th state to have enacted paid sick leave laws. Some out of state employers are wondering is certain laws apply to them. Here’s an article that provides some clarity on this topic.
- [Good Intentions Toward FLSA Could Actually Result In Violations](https://helpdesksuites.com/2018/02/22/good-intentions-toward-flsa-actually-result-violations/): Hey Compliance Warriors! Here’s some interesting situations in the work place where employers have great intentions but could result in being considered a violation of FLSA. Read on…
- [Employee Benefits Update for 2018](https://helpdesksuites.com/2018/02/21/employee-benefits-update-2018/): Hey Compliance Warriors! Here’s some more up date on Employee Benefits for 2018. Read on…
- [ERISA And Other DOL Penalties Have Been Increased For 2018](https://helpdesksuites.com/2018/02/20/erisa-dol-penalties-increased-2018/): Hey Compliance Warriors! Starting January 2nd the fine for not giving our employees the proper benefits has gone up. All the more reason to make sure we are treating our employees right! Read on…
- [Is an Extended Leave of Absence a Reasonable Accommodation Required by the ADA?](https://helpdesksuites.com/2018/02/19/extended-leave-absence-reasonable-accommodation-required-ada/): Hey Compliance Warriors! Here’s an interesting question regarding extended leave of absences. The rules on when an employee should return to work with reasonable accommodation can be blurred toward the end of the leave. Read on to find out more…
- [Tom Brady Played Through A Work Related Injury. Should your employees do the same?](https://helpdesksuites.com/2018/02/16/tom-brady-played-work-related-injury-employees/): Hey Compliance Warriors! If you’re an NFL fan you no doubt heard about Tom Brady’s injury in the playoffs this year. Despite that he still played through the injury but did you know that this can actually be a violation of FMLA? Read on…
- [Should Companies Be Offering "Pawternity leave?"](https://helpdesksuites.com/2018/02/15/companies-offering-pawternity-leave/): Hey Compliance Warriors! This day and age there’s so many seemingly obscure reasons for employees to take time off. Would “pawternity leave” fall under that category? Read on and you decide…
- [Guidance on Meal and Rest Periods for Ambulance Attendants in California](https://helpdesksuites.com/2018/02/14/guidance-on-meal-and-rest-periods-for-ambulance-attendants-in-california/): Hey Compliance Warriors! The ninth circuit is seeking clarification on meal and rest periods from the California supreme court. These are the questions they’re looking to get guidance on. Read on…
- [Understanding California "Split-Shift" Pay](https://helpdesksuites.com/2018/02/13/understanding-california-split-shift-pay/): Hey Compliance Warriors! In California employees can be entitled to pay for time they haven’t even worked. Here’s some interesting information on how Split-shift” pay works and how to report it. Read on…
- [5 Employment Law Predictions For 2018](https://helpdesksuites.com/2018/02/12/5-employment-law-predictions-for-2018/): Hey Compliance Warriors! Since were settled into the new year we all want to not only get ourselves caught up, but also stay ahead of the game. So take a look at these predictions on employment law for 2018. Read on…
- [Wage Disparity Issues In Hollywood](https://helpdesksuites.com/2018/02/09/wage-disparity-issues-in-hollywood/): Hey Compliance Warriors! With all that’s been going on in Hollywood with allegations of sexual assault against multiple men in high places there’s also another issue that’s going on pertaining to wage disparity. This is one great information to help us stay informed as to what this is and what’s going on. Read on…
- [New Hampshire Top Labor Law Violations](https://helpdesksuites.com/2018/02/08/new-hampshire-top-labor-law-violations/): Hey Compliance Warriors! We’re all looking to make sure that we’re in compliance, especially when beginning a new year. If you’re in New Hampshire here’s some top violations . Read on…
- [DOL Proposes Association Health Plan Regulation](https://helpdesksuites.com/2018/02/07/dol-proposes-association-health-plan-regulation/): Hey Compliance Warriors! Here’s some new information detailing the DOL’s proposed Association Heath Plan Regulation. Read on…
- [California Law Changes Affecting Employment Regulations](https://helpdesksuites.com/2018/02/06/california-law-changes-affecting-employment-regulations/): Hey Compliance Warriors! Due to some recent legislation in California some employment regulations have been affected. If you’re in California you’ll want to be up to date on these! Read on…
- [The DOL Reissues 17 Previously Withdrawn Opinion Letters](https://helpdesksuites.com/2018/02/05/the-dol-reissues-17-previously-withdrawn-opinion-letters/): Hey Compliance Warriors! The DOL has a recently decided to reissue the 2009 withdrawn opinion letters. They are used to provide clarity for employers on wage and hour laws. Read on for more information…
- [New York Paid Leave Laws Are Now In Effect](https://helpdesksuites.com/2018/02/02/new-york-paid-leave-laws-are-now-in-effect/): Hey Compliance Warriors! For those of you in New York the new guidelines for the paid leave laws have now taken effect. Here’s some information detailing what you need to “be audit secure.” Read on…
- [Update: Form 1095-C Furnishing Deadline Extended](https://helpdesksuites.com/2018/02/01/update-form-1095-c-furnishing-deadline-extended/): Hey Compliance Warriors! It’s rare to want to thank the IRS but they have extended an important deadline for employers to furnish the 1095-C for to their employees. For more information read on…
- [Miami Beach's Recent Effort For Mandatory Minimum Wage Denied.](https://helpdesksuites.com/2018/01/31/maimi-beachs-recent-effort-mandatory-minimum-wage-denied/): Hey Compliance Warriors! Florida appellate court has recently denied the movement to initiate a mandatory minimum wage. Read on…
- [Convincing New I-9 Scam Causing Problems For Employers](https://helpdesksuites.com/2018/01/30/convincingnewi-9scamcausingproblemsforemployers/): Hey Compliance Warriors! There’s currently a new email scam targeting I-9 employers. You may want to beware of this because these emails can be coming from the USCIS and be very convincing. For more information, read on… Article via http://www.hrmorning.com/
- [Members Only: New Laws Concerning Labor and Employment Passed By The California Legislature](https://helpdesksuites.com/2018/01/29/members-new-laws-concerning-labor-employment-passed-california-legislature/)
- [Q & A On California Salary History Ban](https://helpdesksuites.com/2018/01/29/q-a-on-california-salary-history-ban/): Hey Compliance Warriors! Here’s an interesting Q & A on California’s salary history ban. Read on..
- [Pennsylvania Looking To Update Their Overtime Rules](https://helpdesksuites.com/2018/01/26/pennsylvania-looking-to-update-their-overtime-rules/): Hey Compliance Warriors! On January 17,2017 Tom Wolf, the governor of Pennsylvania, announced that they would be making an initiative to update their overtime rules. For more information on this read on…
- [New California Restrictions On Criminal History Inquiries For New Job Applicants](https://helpdesksuites.com/2018/01/25/new-california-restrictions-on-criminal-history-inquiries-for-new-job-applicants/): Hey Compliance Warriors! California has officially joined the “ban-the-box” train. Read on for the details…
- [Update On Employment Laws For Oklahoma, Missouri, and Kansas](https://helpdesksuites.com/2018/01/23/update-on-employment-laws-for-oklahoma-missouri-and-kansas/): Hey Compliance Warriors! Here’s an update on some key Employment laws for Oklahoma, Kansas and Missouri. Read on…
- ["Bright-Line" Interpretation Of Compensable Time](https://helpdesksuites.com/2018/01/22/bright-line-interpretation-of-compensable-time/): Hey Compliance Warriors! The blurred line of how much time under the FLSA of how much time an employer has to pay it’s employee’s for their breaks can be confusing to all of us. Here’s a bit of clarification. Read on…
- [Interns Sue Hearst Corporation and Lose](https://helpdesksuites.com/2018/01/18/interns-sue-hearst-corporation-lose/): Hey Compliance Warriors! Do you use interns in your organization? If so, this is an interesting article to make sure we’re doing it correctly…
- [The Do's and Don'ts Of Employee Incentive Programs](https://helpdesksuites.com/2018/01/17/dos-donts-employee-incentive-programs/): Hey Compliance Warriors! Does your organization have employee incentive programs? If so, may want to take a look at these tips on if we’re doing it right…
- [Why Having Positive Corporate Culture Is Vital](https://helpdesksuites.com/2018/01/16/positive-corporate-culture-vital/): Hey Compliance Warriors! Is your organization influencing “corporate culture?” Read on to see 6 factors on how we can be a positive influence…
- [Are Full Time Employees of Staffing Companies Exempt?](https://helpdesksuites.com/2018/01/15/full-time-employees-staffing-companies-exempt/): Hey Compliance Warriors! Here’s an answer to another interesting question. This came from a 6th circuit court case on whether full time employees of staffing companies are exempt from overtime. Read on…
- [How To Handle Tricky Questions in FMLA Intermittent Leave](https://helpdesksuites.com/2018/01/13/handle-tricky-questions-fmla-intermittent-leave/): Hey Compliance Warriors! It’s no secret that intermittent FMLA leave can be really troubling for employers. Not all scenarios are the same. Take a look at how to handle some of the most common scenarios. Read on…
- [Pay Equity Class Action Complaint Against Google Dismissed](https://helpdesksuites.com/2018/01/12/pay-equity-class-action-complaint-google-dismissed/): Hey Compliance Warriors! Pay equity class action complaints can be very ambiguous. Look at the results of this complaint against Google…
- [Internship Programs Under the Fair Labor Standards Act](https://helpdesksuites.com/2018/01/11/internship-programs-under-the-fair-labor-standards-act/): The Department of Labor recently updated their fact sheet addressing the test for classifying workers of “for-profit” organizations as interns. Over the last few years, this has been a very hot topic. Is the DOL easing up a bit? 
- [Exempt Employee Pay Minimums To Increase In 2018 In Various States](https://helpdesksuites.com/2018/01/11/exempt-employee-pay-minimums-increase-2018-various-states/): Hey Compliance Warriors! If you haven’t seen this may want to take note. Pay minimums will be going up for certain types of employees in 2018. Read on…
- [If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?](https://helpdesksuites.com/2018/01/10/employee-racks-fmla-and-unexcused-absences-can-terminated/): Hey Compliance Warriors! Here’s an interesting riddle: Can an employee can be terminated if they have too many FMLA and unexcused absences? Read on for the answer…
- [Temporary Furloughs May Trigger California WARN Act Notice Obligations](https://helpdesksuites.com/2018/01/09/temporary-furloughs-may-trigger-california-warn-act-notice-obligations/): Hey Compliance Warriors! A California Court of Appeals recently said temporary furloughs trigger notice obligations under the California Workers Adjustment and Retraining Notification Act (CA-WARN). Will this ruling apply to your California employees? Read on…
- [ALERTS AND UPDATES](https://helpdesksuites.com/2018/01/08/alerts-updates/): January 2021 DOL Issues Field Assistance Bulletin Regarding Electronic Posters December 2020 BREAKING NEWS: FFCRA WILL END ON DECEMBER 31st, 2020. EMPLOYERS MAY CHOOSE TO CONTINUE FFCRA LEAVE THROUGH MARCH 31st, 2021 FOR EMPLOYEES WHO HAVE NOT YET EXHAUSTED THEIR LEAVE. TAX CREDITS WILL APPLY. READ ARTICLE HERE Massachusetts Rolls Back Its COVID-19 Reopening Plan for Second Time in December Massachusetts Jackson Lewis PC To slow the spread of COVID-19 and to avoid overwhelming Massachusetts hospitals, Governor Charlie Baker ordered (No. 59) further limitations on… DOL’s final ERISA proxy voting rule largely changed to principles-based approach Morgan Lewis & Bockius LLP The […]
- [Walmart Will Be Allowing Employees To Have Early Pay](https://helpdesksuites.com/2018/01/08/walmart-will-allowing-employees-early-pay/): Hey Compliance Warriors! Walmart stores are currently working with two different technology start-ups to start allowing their workers to take their own salary early incase of emergency. Read on… Article via https://www.bloomberg.com
- [Members Only: 5 Tips to Consider When Hiring an Independent Contractor](https://helpdesksuites.com/2018/01/06/members-only-5-tips-to-consider-when-hiring-an-independent-contractor/): Until Next Time, Be Audit Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Development, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.  
- [After Investigation, Department Of Labor Making Chicago Restaurant Pay  $339,418 In Back Wages](https://helpdesksuites.com/2018/01/05/investigation-department-labor-making-chicago-restaurant-pay-339418-back-wages/): Hey Complaince Warriors! Check out this new release about the trouble a Chicago restaurant is in after a department of labor investigation. Read on to see how costly not being compliant can actually be… Article via https://www.dol.gov
- [8 Workplace Bully Personality Types](https://helpdesksuites.com/2018/01/04/8-workplace-bully-personality-types/): Hey Compliance Warriors! Workplace bullies can really kill the productivity in the company. Read on about these 8 personality types to look out for… Article via http://www.hrmorning.com
- [Compliance Deadline For Real ID Act Approaching Quickly](https://helpdesksuites.com/2018/01/03/compliance-deadline-real-id-act-approaching-quickly/): On January 22, 2018 phase 4 of the Real ID Act implemented in 2005 will take affect meaning states that haven’t been granted an extension will have to have an alternative form of acceptable identification for domestic air travel in order to board flights. Read on for more on this and see if it affects you…
- [Members Only: 5 Time Management Tips for Busy Employers](https://helpdesksuites.com/2018/01/02/members-only-5-time-management-tips-for-busy-employersoblemsforemployers-2/):     Until Next Time, Be Audit Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Development, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.  
- [New Year Brings New Employment Laws In New York](https://helpdesksuites.com/2017/12/30/new-year-brings-new-employment-laws-new-york/): Hey Compliance Warriors! Here’s an update on some new employment laws coming to New York starting December 31, 2017. Read on for the updates…
- [New York Paid Family Leave Law Starts January 1st, 2018](https://helpdesksuites.com/2017/12/29/new-york-paid-family-leave-law-starts-january-1st-2018/): Hey Compliance Warriors! Starting January 1st, 2018 the New York Paid Family Leave Law (NYPFL) will take effect. Employers will be able to take payroll deductions to fund this. Read on…
- [Mixed-Fleet Interstate Truck Drivers May Be Entitled to Overtime Pay](https://helpdesksuites.com/2017/12/28/mixed-fleet-interstate-truck-drivers-may-entitled-overtime-pay/): Hey Compliance Warriors! A new rule has come down from the fourth circuit courts stating that “mixed fleet” truck drivers may be owed overtime time pay. The term “mixed fleet” means all trucks under and over 10,000 pounds. These smaller vehicles weren’t previously receiving this pay. Read on for more information…
- [Last Minute Change In Paid Sick Leave Law In Seattle!](https://helpdesksuites.com/2017/12/27/last-minute-change-paid-sick-leave-law-seattle/): Hey Compliance Warriors! Paid sick leave in Seattle laws have changed. The changes will take effect on January 1st, 2018. Read on…
- [Minimum Wage Rates to Increase In Minnesota Starting January 1, 2018](https://helpdesksuites.com/2017/12/26/minimum-wage-rates-increase-minnesota-starting-january-1-2018/): Hey Compliance Warriors! The minimum wage rates in Minnesota are going up! If you’re in Minnesota you may want to take note of the change. Read on…
- [Members Only: 2018 Minimum Wage Rates](https://helpdesksuites.com/2017/12/22/members-2018-minimum-wage-rates/): Hey Compliance Warriors! As the new year approaches, we are all thinking about the new minimum wage rates and how our employees will be affected. Check out this article and chart of wage rates by state and see if you will need to make any adjustments!  Read on…
- [New North Carolina Law Concerning Worker Misclassification](https://helpdesksuites.com/2017/12/21/new-north-carolina-law-concerning-worker-misclassification/): Hey Compliance Warriors! North Carolina passed a law called Employee Fair Classification Act on August 11,2017. This will take effect on December 31, 2017. It’s allowing Employees to more easily prosecute employers that are misclassifying their workers as independent contractors. Although this is being passed in NC, this is still really good information for all those wondering if their workers are considered employees or independent contractors. Also check out one of our latest Small Business Spoonful Podcasts link at the end of this article for more on this topic. Read on…
- [Members Only: IRS Begins Enforcing Employer Mandate](https://helpdesksuites.com/2017/12/20/members-irs-begins-enforcing-employer-mandate/)
- [A Holiday Pay Q&A](https://helpdesksuites.com/2017/12/20/holiday-pay-qa/): Hey Compliance Warriors! Here’s a great Q&A concerning holiday pay that may answer some important questions…
- [Paid Sick Leave Hours To Increase In Santa Monica Starting 2018](https://helpdesksuites.com/2017/12/19/paid-sick-leave-hours-increase-santa-monica-starting-2018/): Article via https://www.disabilityleavelaw.com
- [Members Only: Arizona Publishes Final Sick Leave Rules](https://helpdesksuites.com/2017/12/19/memebers-arizona-publishes-final-sick-leave-rules/): Hey Compliance Warriors! The Industrial Commission of Arizona has published the “final rules” for the Fair Wages and Healthy Families Act. Read on to see what this all entails…
- [Members Only: Employment Law Blogs Curated for You - December 2017](https://helpdesksuites.com/2017/12/18/members-only-employment-law-blogs-curated-december-2017/): Hey  Compliance Warriors! Here is a new feature of BeAuditSecure.com for HelpDesk Members Only. Each week, we will search out a variety of interesting and helpful employment law posts made by the top attorney firms in the nation and collect them into one spot just for you! Watch your email because we will be alerting you to specific changes in the law as they occur.  Read on… 1 New California Labor And Employment Laws For 2018 The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. United States Holland & Knight Linda Auerbach […]
- [Holiday Parties: What's Fun And What's Considered Fiasco](https://helpdesksuites.com/2017/12/18/holiday-parties-whats-fun-whats-considered-fiasco/): Hey Complaince Warriors! As the end of the year approaches we’re all looking forward to our holiday parties where we can kick back and have a good time with our co-workers. As employers though we want to make sure we don’t let things get out of hand. Here’s some helpful information to make sure we stay above board. Read on…
- [Breaking News: Spokane City Council Approves "Ban-The-Box" Ordinance For Private Sector Employers](https://helpdesksuites.com/2017/12/15/breaking-news-spokane-city-council-approves-ban-box-ordinance-private-sector-employers/): Hey Compliance Warriors! Breaking news coming out of Spokane City approving the “Ban-The-Box” ordinance. Meaning job applicants will no long be required to disclose former criminal history until after an interview. Read on for more on this… Article via https://www.disabilityleavelaw.com “Mayor David Condon has until December 14, 2017 to sign or veto the ordinance. If passed, Spokane employers will have until July 2018 to comply with the new ordinance, although the City will not enforce it until 2019. Coverage The ordinance applies to all private employers in the Spokane city limits, but does not apply to the following: to any employer hiring […]
- [Members Only: Questions About Job Applicants' Salary History Are Now Off-Limits In New York City](https://helpdesksuites.com/2017/12/15/questions-job-applicants-salary-history-now-limits-new-york-city/): Hey Compliance Warriors! On October 31, 2017, New York City Local Law No. 67 which is concerning human rights was changed not allowing future employers to ask questions regarding the interviewee’s salary history. For more information on the logistics of this read on…
- [HR Teams: Planning For 2018!](https://helpdesksuites.com/2017/12/14/hrteamsplanningfor2018/): Hey Compliance Warriors!   Planning for the new year can be a daunting task. But, it can also be a time for fresh ideas to engage and motivate your employees. This article will help you with both! Enjoy….
- [Senate Approves Tax Bill Concerning Paid Leave and Sexual Harassment Settlement Nondisclosures](https://helpdesksuites.com/2017/12/13/senateapprovestaxbillconcerningpaidleaveandsexualharassmentsettlementnondisclosures/): Hey Compliance Warriors! Here’s some new information on a tax bill approved by the senate concerning paid leave and sexual harassment settlement nondisclosures. Read on…
- [Webinar: New York State's Paid Family Leave Laws](https://helpdesksuites.com/2017/12/13/webinar-new-york-states-paid-family-leave-laws/): Hey Compliance Warriors! New York State’s Paid Family Leave Laws are causing quite a stir. Here is information on a FREE webinar you will not want to miss if you have employees in NY!   Read on…
- [DOL Proposes New Tip Sharing Restrictions](https://helpdesksuites.com/2017/12/12/dolproposesnewtipsharingrestrictions/): Hey Compliance Warriors! DOL is doing it again! Check out the new proposed tip sharing guidelines.  Read on…
- [SNL Tackles Sexual Harassment with "Claire" from HR](https://helpdesksuites.com/2017/11/12/snl-tackles-sexual-harassment-with-claire-from-hr/): Hey Compliance Warriors! No doubt you have heard about all of the sexual harassment, misconduct, and assault charges discussed in the news recently. It’s very sad and disgusting that we have to actually discuss whether certain actions of this nature are right or wrong. I’ll cut to the chase: They are WRONG! As HR professionals, we are tasked with educating our workforce about these issues so that the lines are clearly drawn. But, sometimes we just have to wonder why people don’t seem to understand the most basic elements of acceptable v. unacceptable behaviors. SNL tackled the topic on Saturday night’s […]
- [Breaking News: California Restricts Employer’s Ability to Make Decisions Based on Criminal History](https://helpdesksuites.com/2017/11/07/breaking-news-california-restricts-employers-ability-to-make-decisions-based-on-criminal-history/): Hey Compliance Warriors! We all know California employment law is a constant challenge. Here is an update on an employer’s ability to hire or not based on criminal history.  Read on…
- [Breaking News: DOL Appeals Obama Overtime Rule](https://helpdesksuites.com/2017/11/01/breaking-news-dol-appeals-obama-overtime-rule/): Hey Compliance Warriors! Just when we thought we knew what is going on with the Obama Overtime Rule, they change the game on us and reopen the appeals process. This argument is not in play because the DOL wants the Obama Rule to stand as is. However, the DOL is defending the August 2017 ruling that the salary level in the Overtime Rule exceeded the Department’s authority, and concluded that the Final Rule is invalid. On October 30, 2017, the Department of Justice, on behalf of the Department of Labor, filed a notice to appeal this decision to the U.S. Court […]
- [HelpDesk Tool-Kits - HR Tool-Kit COBRA Updates -October 2017](https://helpdesksuites.com/2017/10/23/helpdesk-tool-kits-hr-tool-kit-cobra-updates-october-2017/): We have recently made several updates to our HelpDesk Tool-Kits. Specifically, we have added HR updates regarding COBRA laws. Read on…
- [Breaking News: New York City Council Expands Paid Sick Time to Include Safe Time](https://helpdesksuites.com/2017/10/20/breaking-news-new-york-city-council-expands-paid-sick-time-to-include-safe-time/): Hey Compliance Warriors! October is Cancer Awareness Month. Such an important cause and we should all be paying attention. October is also Domestic Violence Awareness Month.  Some of you know that this is a topic very close to my heart. I survived a 12-year marriage where  violence was inflicted weekly – sometimes daily. So, when I see governments making provisions for the assistance of victims and survivors of abuse, my heart swells. The NYC Council has made a move that will greatly benefit men, women, and children who suffer – often in silence. Remember, about 20-30 percent of our population has been […]
- [HelpDesk Tool-Kits - Payroll Tool-Kit Updates -October 2017](https://helpdesksuites.com/2017/10/17/helpdesk-tool-kits-payroll-tool-kit-updates-october-2017/): We have recently made several updates to our HelpDesk Tool-Kits. Specifically, we have added payroll updates regarding sick leave laws. But, that’s not all!  Read on…
- [Auto Dealership Service Advisers: Exempt or Not?!](https://helpdesksuites.com/2017/10/16/auto-dealership-service-advisers-exempt-or-not/): Hey Compliance Warriors! On September 28, 2017, the U.S. Supreme Court agreed to hear a case in regarding the FLSA’s overtime exemption covering “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles.” The case is Encino Motorcars v. Navarro, No. 16-1362.  Read on…
- [Predictive or Fair Scheduling Laws: Explanation](https://helpdesksuites.com/2017/10/13/predictive-or-fair-scheduling-laws-explanation/): Hey Compliance Warriors! Predictive or fair scheduling laws have become the norm on the West Coast in cities like Emeryville, California; San Francisco, California; San Jose, California; Seattle, Washington; and the whole state of Oregon. New York City has also adopted fair scheduling requirements. In this podcast, Littler attorney Deidra A. Nguyen provides a 12-minute overview of these laws and how they impact your organization. Listen to the podcast and then read Deidra’s in-depth Insight where she provides additional specific information with regard to how these laws are impacting your workplace.
- [Can an Employer Discipline an Employee for "Kneeling" During the National Anthem?](https://helpdesksuites.com/2017/10/11/can-an-employer-discipline-an-employee-for-kneeling-during-the-national-anthem/): Hey Compliance Warriors! Are your employees political? Do they support “kneeling” or other similar activities and you – the employer do – not? Is “kneeling” a protected activity at work? All of these questions are very unclear to most people in the United States these days. This article is a very detailed explanation of all the issues we need to consider before disciplining a worker for this sort of protest. Read on…
- [Breaking News: USCIS Issues DACA Update](https://helpdesksuites.com/2017/09/20/breaking-news-uscis-issues-daca-update/): Hey Compliance Warriors! Today, USCIS issued updated guidance regarding DACA.This will affect many workers – employers across the nation, effective immediately!  Read on…
- [HelpDesk Tool-Kits - HR Tool-Kit Updates -September 2017](https://helpdesksuites.com/2017/09/17/helpdesk-tool-kits-hr-tool-kit-updates-september-2017/): We have recently made several updates to our HelpDesk Tool-Kits. Specifically, we have added a few more sample forms and documents to the HR  Tool-Kit and the HIPAA compliance section has undergone a major overhaul after a few months of work. But, that’s not all – We have slightly modified the color!  Read on…
- [Clarifying Oregon's Newest Employment Law Developments](https://helpdesksuites.com/2017/09/14/clarifying-oregons-newest-employment-law-developments/): Over the last few years, Oregon employers have been faced with the task of keeping up with not just a few changing labor laws. Maintaining the latest information and ensuring compliance with these new state, local, and federal laws is an ongoing and very serious responsibility for employers and HR/Payroll professionals. Here is a little help to clarify Oregon’s newest employment law developments.
- [Are You Getting the Most Out of Your Employee Handbook?](https://helpdesksuites.com/2017/09/13/are-you-getting-the-most-out-of-your-employee-handbook/): Protect your company against issues related to errors with your employee handbook.  Here are five questions you should ask to make sure you’re getting the most protection from your employee handbook.
- [Hey California Employers! Are you all caught up on recent changes to employment law?](https://helpdesksuites.com/2017/09/12/hey-california-employers-are-you-all-caught-up-on-recent-changes-to-employment-law/): California employers are faced with the task of keeping up with some of the most complicated labor laws in the U.S. Most years, summer brings a whole new round of labor laws and regulations. This year is no exception.  Maintaining the latest information and ensuring compliance with these new state, local, and federal laws is an ongoing and very serious responsibility for employers and HR/Payroll professionals. Here is a little help to keep you straight.
- [Dealerships: Are you classifying Dealer-Trade Correctly?](https://helpdesksuites.com/2018/10/26/dealerships-are-you-classifying-dealer-trade-correctly/): Hey Compliance Warriors! This day and age with the “Gig economy” we live in, classification can be tricky sometimes. Here’s a situation where car dealerships could be susceptible  to misclassification. Read on…
- [Sexual Harassment is Discrimination and is Illegal in NYC](https://helpdesksuites.com/2018/10/25/118265/): Hey Compliance Warriors! If your in NYC here’s all the guidelines of the “Stop Sexual Harassment Act.”  Read on…
- [Mandatory Paid Sick Leave in New Jersey](https://helpdesksuites.com/2018/10/24/mandatory-paid-sick-leave-in-new-jersey/): Hey Compliance Warriors! New Jersey employers are getting closer to having to provide mandatory paid sick leave. Read on…
- [Is Obesity defined under the Anti-Discrimination Law?](https://helpdesksuites.com/2018/10/23/is-obesity-defined-under-the-anti-discrimination-law/): Hey Compliance Warriors! Washington supreme court has weighed in on whether obesity constitutes an impairment under Anti-Discrimination Law. Read on for the details…
- [Delaware Employee Sexual Harassment Training](https://helpdesksuites.com/2018/10/22/delaware-employee-sexual-harassment-training/): Hey Compliance Warriors! Sexual harassment training is definitely important for employees in the workplace. In fact Delaware believes in its importance so much that they’ve enacted a law requiring it. Read on…
- [Halting Sexual Harassment: 7 Rules of the Road - Fun Video](https://helpdesksuites.com/2018/10/18/halting-sexual-harassment-7-rules-of-the-road-fun-video/): Learn the “7 Rules of the Road” for halting sexual harassment in the workplace, presented by attorneys Jennifer Gefsky and Ian Carleton Schaefer: Rule #1: Don’t Be Creepy Rule #2: Minimize Touching Rule #3: It’s Not About You – It’s About Me Rule #4: No Dreams and Definitely No Beds Rule #5: One Free Compliment Rule #6: Keep Your Clothes On Rule #7: Apply the Rules Equally This video was prepared as part of Halting Harassment: Rules of the Road for a Respectful and Inclusive Workplace, an interactive e-learning solution to newly enacted mandatory training requirements created by law firm Epstein Becker Green. […]
- [Ruling on Employee Not Returning Severance Pay If Suing Company](https://helpdesksuites.com/2018/10/18/ruling-on-employee-not-returning-severance-pay-if-suing-company/): Hey Compliance Warriors! The Sixth Circuit has made a decision on if employees who decide to sue a company for wrongful termination have to return the severance pay they may have received and the answer is simply no. Read on for the details on this…
- [Pennsylvania's Take On Proposed Amendments To The Commonwealth's White Collar Exemption Regulations](https://helpdesksuites.com/2018/10/17/pennsylvanias-take-on-proposed-amendments-to-the-commonwealths-white-collar-exemption-regulations/): Hey Compliance Warriors! The Pennsylvania IRRC has made comments about these proposed regulation. Read on…
- [What's New with the HelpDesk Deluxe Suite of Compliance Tool-Kits?](https://helpdesksuites.com/2018/10/16/whats-new-with-the-helpdesk-deluxe-suite-of-compliance-tool-kits/): Hey Compliance Warriors! We have been working like crazy this year and have recently added some cool new features and content to our Helpdesk DELUXE Suite of Compliance Tool-Kits. Check out the new additions below and let us know what you think and what else we can do to put HELP on your DESK! My Favorite Pages. Our site is growing in content every day. This poses a problem for users who find the information they need but forget later where it lives. In response to this concern, we have added a new feature called “My Favorite Pages”. Now you can save […]
- [California Law Update For September](https://helpdesksuites.com/2018/10/16/california-law-update-for-september/): Hey Compliance Warriors! For those in California here’s the newest laws for September. Read on…
- [Earned Safe and Sick Time Rules Amended in NYC](https://helpdesksuites.com/2018/10/15/earned-safe-and-sick-time-rules-amended-in-nyc/): Hey Compliance Warriors! The Earned Safe and Sick Time Act rules have been amended as of September 20th, 2018. Read on for all the details…
- [ACA Penalties](https://helpdesksuites.com/2018/10/12/aca-penalties/): Hey Compliance Warriors! The next wave of ACA (Affordable Care Act) penalties are coming. Read on for all the details…
- [California Meal and Rest Break Laws Under Hazmat Drivers](https://helpdesksuites.com/2018/10/11/california-meal-and-rest-break-laws-under-hazmat-drivers/): Hey Compliance Warriors! Here’s the guidelines from the DOT set out for workers who transport hazardous materials in California. Read on…
- ["Fair Workweek" Being Considered In Philadelphia](https://helpdesksuites.com/2018/10/10/fair-workweek-being-considered-in-philadelphia/): Hey Compliance Warriors! The city of Philadelphia is considering a Fair Workweek ordinance that could affect 130,000 people. Read on for the details on this…
- [DOL Overtime Rule Listening Sessions: Update](https://helpdesksuites.com/2018/10/09/overtime-rule-listening-sessions-2/): Until Next Time, Be Audit-Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com  
- [Can Individuals Be Held Personally Liable For Wage and Hour Violations?](https://helpdesksuites.com/2018/10/09/can-individuals-be-held-personally-liable-for-wage-and-hour-violations/): Hey Compliance Warriors! California Court of appeals has answered this question. Check out the case in the article below. Read on…
- [Under New IRS Guidance, Meals Continue To Be A Deduction](https://helpdesksuites.com/2018/10/08/under-new-irs-guidance-meals-continue-to-be-a-deduction/): Hey Compliance Warriors! Here’s some great guidance from the IRS clarifying meal deductions on your taxes when pertaining to business. Read on…
- [Sexual Harassment Protections and Required Training in Delaware](https://helpdesksuites.com/2018/10/04/sexual-harassment-protections-and-required-training-in-delaware/): Hey Compliance Warriors! Delaware Governor signed into law on August 29th, 2018 a bill that prohibits and defines sexual harassment.  The bill also provides requirements for employee training on sexual harassment. Read on…
- [2019 Minimum Wage Increase for Federal Contractors](https://helpdesksuites.com/2018/10/03/2019-minimum-wage-increase-for-federal-contractors/): Hey Compliance Warriors! The DOL announced that beginning January 1st, 2019 the minimum wage will go up for federal contractors. Read on…
- [Domestic Worker Ordinance Signed into Law in Seattle](https://helpdesksuites.com/2018/10/02/domestic-worker-ordinance-signed-into-law-in-seattle/): Hey Compliance Warriors! The Domestic Worker Ordinance was signed into law by Seattle Mayor Jenny Durkan on July 27th, 2018 and will take effect July 1st, 2019. Read on for the details on this ordinance…
- [FLSA Employer-Friendly Opinion Letters](https://helpdesksuites.com/2018/10/01/flsa-employer-friendly-opinion-letters/): Hey Compliance Warriors! The DOL has put out four new opinion letters that may be of to help certain employers. Read on…
- [Recording Conversations At Work Q & A](https://helpdesksuites.com/2018/09/28/recording-conversations-at-work-q-a/): Hey Compliance Warriors! This is an interesting question. You may be surprised by the answer. Read on…
- [Court Case Regarding Not Hiring Person Who Uses Medical Marijuana](https://helpdesksuites.com/2018/09/27/court-case-regarding-not-hiring-person-who-uses-medical-marijuana/): Hey Compliance Warriors! This day and age discrimination comes in all forms. This Case sheds some light on refusal to hire someone  who uses medical marijuana. Read on..
- [California Governor to Sign Bills Regarding Sexual Harassment and Other](https://helpdesksuites.com/2018/09/26/california-governor-to-sign-bills-regarding-sexual-harassment-and-other/): Hey Compliance Warriors! The California is Awaiting 12+ bills to be signed by the deadline of September 30th related to Sexual Harassment. Read on for the details on these bills…
- [Michigan: Paid Sick and Safe Leave; Raises Minimum Wage](https://helpdesksuites.com/2018/09/25/michigan-paid-sick-and-safe-leave-raises-minimum-wage/): Hey Compliance Warriors! Michigan is the latest state to adopt new paid sick and safe leave laws. They’re also going to be raising the minimum wage over the next couple years. Read on for all the details…
- [DOL Opinion Letter for 2018 Addresses No-Fault Attendance Policies](https://helpdesksuites.com/2018/09/24/dol-opinion-letter-for-2018-addresses-no-fault-attendance-policies/): Hey Compliance Warriors! Here’s an interesting article addressing “no-fault attendance control policies.” Read on…
- [September 2018 California Employment Law Notes](https://helpdesksuites.com/2018/09/15/september-2018-california-employment-law-notes/): By Tony Oncidi on September 12, 2018 Posted in California Labor & Employment Law, Employment Law Notes We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employer Must Obtain Written Authorization To Conduct Background Check Some Of California’s “Sanctuary State” Employer Obligations Are Struck Down No-Employment Provision In Settlement Agreement Is An Unenforceable Restraint  Court Affirms $500,000 Jury Award To Employee Who Stutters Member Of Tribe Could Proceed With Whistleblower Suit  Professional Golf Caddies May Be Required To Wear Bibs Containing Advertisements Employee May Recover For Breach Of Contract, But Not For […]
- [New York State DOL Releases a Draft of a New Sexual Harassment Prevention Policy](https://helpdesksuites.com/2018/09/14/new-york-state-dol-releases-a-draft-of-a-new-sexual-harassment-prevention-policy/): Hey Compliance Warriors! The New York State DOL is trying to put out some great materials to help companies bring their sexual harassment policies up to speed. Read on for the details…
- [California Legislation Trying to Sign Bills into Law Helping to Address #MeToo](https://helpdesksuites.com/2018/09/13/california-legislation-trying-to-sign-bills-into-law-helping-to-address-metoo/): Hey Compliance Warriors! We’ve all heard of the #MeToo movement by now. It’s a great movement that has really made some strides in the last year. California Legislation is looking to help even more with new proposing new bills. Read on…
- [Does An Employee Have to Give Back Severance Pay Before Suing?](https://helpdesksuites.com/2018/09/12/does-an-employee-have-to-give-back-severance-pay-before-suing/): Hey Compliance Warriors! Here’s an interesting Question: If an employee signs a a severance agreement and gets the severance pay but, then turns around and decides to sue the company saying they were coercing into signing the agreement, do they have to give back the severance pay they received? Read on….
- [DOL Wants Your Comments - TODAY!](https://helpdesksuites.com/2018/09/11/dol-wants-your-comments-today/): The Department seeks public input on questions such as: What is the appropriate salary level (or range of salary levels) above which the overtime exemptions for bona fide executive, administrative, or professional employees may apply? Why? What benefits and costs to employees and employers might accompany an increased salary level? How would an increased salary level affect real wages (e.g., increasing overtime pay for employees whose current salaries are below a new level but above the current threshold)? Could an increased salary level reduce litigation costs by reducing the number of employees whose exemption status is unclear? Could this additional certainty […]
- [Wage and Hour Division Wants to Hear From You!](https://helpdesksuites.com/2018/09/11/wage-and-hour-division-wants-to-hear-from-you/): Hey Compliance Warriors! The WHD is trying to gather information for what their final rule on salary level exemptions, that got put on hold, should be. We’ll be attending one of these seminars below in Denver this week. Read on…
- [U.S. Department of Labor Announces New Office of Compliance Initiatives to Expand Compliance Outreach](https://helpdesksuites.com/2018/09/11/u-s-department-of-labor-announces-new-office-of-compliance-initiatives-to-expand-compliance-outreach/): Hey Compliance Warriors! U.S. Secretary of Labor Alexander Acosta announced the U.S. Department of Labor’s new Office of Compliance Initiatives (OCI) during a speech today at the Voluntary Protection Programs Participants’ Association’s 2018 Safety+ National Symposium. Coordinated by the Office of the Assistant Secretary for Policy, this cross-agency effort complements the Department’s enforcement activities by strengthening and innovating compliance assistance outreach. Part of this initiative is the launch of worker.gov and employer.gov, two websites with resources to assess compliance with the law. Until Next Time, Be Audit-Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Seminars, LLC and Chief Content […]
- [California Housekeepers Fact Sheet By CAL/OSHA](https://helpdesksuites.com/2018/09/10/california-house-keepers-fact-sheet-by-cal-osha/): Hey Compliance Warriors! Cal/OSHA has published a fact sheet poster regarding their new requirement to create a Hotel Housekeeping Musculoskeletal Injury Program. Read on for the details!
- [Hawaii to Ban Salary History Inquiries](https://helpdesksuites.com/2018/09/06/hawaii-to-ban-salary-history-inquiries/): Hey Compliance Warriors! Many states have already hopped aboard the inquiry about salary history ban. Hawaii will now be joining as well. Read on for all the details on this…
- [Added Protection For Nursing Mother in the Workplace in Illinois](https://helpdesksuites.com/2018/08/31/added-protection-for-nursing-mother-in-the-workplace-in-illinois/): Hey Compliance Warriors! The Governor of Illinois has made some changes the Mothers in the Workplace Act that came into effect in 2001. Read on for the details….
- [Anti-Sexual Harassment Model Policy for New York](https://helpdesksuites.com/2018/08/30/anti-sexual-harassment-model-policy-for-new-york/): Hey Compliance Warriors! New York is making it easier to develop an anti-sexual harassment policy by providing a model for it. Here’s all the details on what that entails. Read on…
- [Unpaid Wage Claim Case in Colorado](https://helpdesksuites.com/2018/08/22/unpaid-wage-claim-case-in-colorado/): Hey Compliance Warriors! Unpaid wage claim lawsuits can be costly. Take a look at the ruling on this case in Colorado. Read on…
- [De Minimis Exemption Under FLSA](https://helpdesksuites.com/2018/08/21/deminimis-exemption-under-flsa/): Hey Compliance Warriors! Here’s a Starbucks case that sheds some clarification on De Minimis exemption. Read on…
- [Final Paycheck Error Leads to Large Fees](https://helpdesksuites.com/2018/08/20/final-paycheck-error-leads-to-large-fees/): Hey Compliance Warriors! For employers, when issuing final paychecks to terminated employees you want to double and triple check it’s the correct amount. Here is why. Read on…
- [California Supreme Court Cracking Down on Time Keeping Practices](https://helpdesksuites.com/2018/08/17/california-supreme-court-cracking-down-on-time-keeping-practices/): Hey Compliance Warriors! If your in California you may want to take a look at this case regarding time keeping. Read on…
- [Exempt Employee Salary Threshold State by State Breakdown](https://helpdesksuites.com/2018/08/15/exempt-employee-salary-threshold-state-by-state-breakdown/): Hey Compliance Warriors! The exempt employee salary threshold has risen across the United States. Here’s a state by state break down will information on this. Read on…
- [Biometric Time-Clock Q & A](https://helpdesksuites.com/2018/08/14/biometric-time-clock-q-a/): Hey Compliance Warriors! Are you still using punch card time clocks in your business? Have you though about switching to biometric time-clocks. Here’s some great information about how they work.
- [Saving Costs On Business Processes](https://helpdesksuites.com/2018/08/09/saving-costs-on-business-processes/): Hey Compliance Warriors! Business is always rapidly moving and can get out of hand if not handled efficiently. Here’s some great tips on how to save costs while managing your business. Read on…
- [Tips For Improving Job Posts](https://helpdesksuites.com/2018/08/08/tips-for-improving-job-posts/): Hey Compliance Warriors! Are you having trouble finding the right job applicant based on your job posts? Here’s some tips. Read on..
- [Gaining Weight at Work?](https://helpdesksuites.com/2018/08/07/gaining-weight-at-work/): Hey Compliance Warriors! Are you having trouble with weight gain at work? Well you’re not alone. Here’s great information on how why this is happening and how you can curb it. Read on…
- [Would a 4-Day Work Week Business Model Be Beneficial?](https://helpdesksuites.com/2018/08/06/would-a-4-day-work-week-business-model-be-beneficial/): Hey Compliance Warriors! Some companies have found that they can be more successful under this 4-Day work week business model. Read on to see what some of the benefits are…
- [Classifying Under California's New Independent Contractor Test](https://helpdesksuites.com/2018/08/05/classifying-under-californias-new-independent-contractor-test/): Hey Compliance Warriors! California is helping to clear up the blurred lines of who is an independent contractor and who is not. Read on…
- [How are Athletes and HR professionals Similar?](https://helpdesksuites.com/2018/08/03/how-are-athletes-and-hr-professionals-similar/): Hey Compliance Warriors! From the surface HR professionals may seem totally different from a professional athlete. However, here’s an interesting article that show how they can actually relate in more ways than you’d think. Read on…
- [Employee or Applicant "Ghosting"](https://helpdesksuites.com/2018/08/02/employee-or-applicant-ghosting/): Hey Compliance Warriors! The term “Ghosting” has become more and more prevalent in the dating world. However did you know that the same term can be used in the employment world? Read on to find out exactly what this term means…
- [Big Win to "Gig Economy" Business in NY](https://helpdesksuites.com/2018/07/31/big-win-to-gig-economy-business-in-ny/): Hey Compliance Warriors! Post-mates have recently benefited from being in the “gig economy” after a courier doing work for them was terminated. The courier was trying to apply for unemployment and was denied because the person was deemed an independent contractor and not eligible for these benefits. Read on for details as to why and how this is possible…
- [What is the Regular Rate Under "Grand Bargain" legislation in Massachusetts?](https://helpdesksuites.com/2018/07/30/what-is-the-regular-rate-under-grand-bargain-legislation-in-massachusetts/): Hey Compliance Warriors! With all the changes to minimum wages in Massachusetts  there comes a slight complication with the overtime pay. Take a look at this article for the details on this…
- [Possible Enforcement of Law Affecting Fast Food Employers in NYC](https://helpdesksuites.com/2018/07/27/possible-enforcement-of-law-affecting-fast-food-employers-in-nyc/): Hey Compliance Warriors! New York City may start enforcing its law requiring fast food employers to facilitate payroll deductions to fund contributions to certain not-for-profit organizations. Read on for all the details on this…
- [Top Ten FMLA Mistakes that Employers Make](https://helpdesksuites.com/2018/07/26/top-ten-fmla-mistakes-that-employers-make/): Hey Compliance Warriors! Here are 10 common mistakes to avoid with FMLA to remain compliant. Read on…
- [Rounding Rules Reaffirmed and Extended by California](https://helpdesksuites.com/2018/07/25/rounding-rules-reaffirmed-and-extended-by-california/): Hey Compliance Warriors! Rounding the time-clock can be a a sticky situation. Here’s how California feels on these rules. Read on…
- [Should "Gig" Workers Be Eligible for Benefits?](https://helpdesksuites.com/2018/07/13/should-gig-workers-be-eligible-for-benefits/): Hey Compliance Warriors! We all hear about this “gig” economy we live in today. It certainly has it’s benefits for employers but would it be continue to be beneficial if employers had to offer the “gig” workers benefits? Take a look at this article for some information.
- [How To Handle 401(K) Accounts From Terminated Or Retired Employees](https://helpdesksuites.com/2018/07/12/how-to-handle-401k-accounts-from-terminated-or-retired-employees/): Hey Compliance Warriors! Orphaned 401(K) accounts may not be something we think about. Here’s some great information on how to handed these accounts to make your business even more efficient. Read on…
- [Hourly Minimum Wage For Tipped Employees In DC Set to Increase](https://helpdesksuites.com/2018/07/11/hourly-minimum-wage-for-tipped-employees-in-dc-set-to-increase/): Hey Compliance Warriors! Tipped employees are set to get a big pay raise over the next 8 years. On June 19, 2018 Initiative Number 77 was approved. Read on for all the details…
- [DOL Announces Final Rule Regarding Association Health Plans](https://helpdesksuites.com/2018/07/10/dol-announces-final-rule-regarding-association-health-plans/): Hey Compliance Warriors! On June 19, 2018 the DoL released the final rule regarding association health plans regulations. All the information is below. Read on…
- [Minimum Wage Bill Passed in Massachusetts](https://helpdesksuites.com/2018/07/09/minimum-wage-bill-passed-in-massachusetts/): Hey Compliance Warriors! Minimum wage is going to be gradually going up in Massachusetts along with some other changes! Look at this article for all the details on the “grand bargain” bill.
- [New Labor Laws by State Coming Into Effect](https://helpdesksuites.com/2018/06/26/new-labor-laws-by-state-coming-into-effect/): Hey Compliance Warriors! Apparently July is the new January! Here’s a by state breakdown of new labor laws coming into effect soon. Read on…
- [Supreme Court In Nevada Defines Health Insurance For Minimum Wage Law](https://helpdesksuites.com/2018/06/25/supreme-court-in-nevada-defines-health-insurance-for-minimum-wage-law/): Hey Compliance Warriors! Here’s some clarification on health benefit requirements for minimum wage workers. Read on…
- [FMLA Mistakes](https://helpdesksuites.com/2018/06/22/fmla-mistakes/): Hey Compliance Warriors! Here’s some great information on common FMLA mistakes companies make. Read on..
- [Georgia Court Of Appeals Rules On "Continuous Employment" Cases](https://helpdesksuites.com/2018/06/21/gerogia-court-of-appeals-rules-on-continuous-employment-cases/): Hey Compliance Warriors! Here’s a couple interesting court cases on “continuous employment.” This shows where exactly they stand on the matter and could clarify it for other states as well. Read on…
- ["Personal Events" Accommodation Requirement For New York Employers](https://helpdesksuites.com/2018/06/20/personal-events-accommodation-requirement-for-new-york-employers/): Hey Compliance Warriors! A new requirement on accommodating employee’s for “personal events” is going to effect in New York soon! Read on for the details…
- [Highlights From Missouri's 2018 Legislative Session](https://helpdesksuites.com/2018/06/19/highlights-from-missouris-2018-legislative-session/): Hey Compliance Warriors! Here’s some information on some of the bills passed recently in Missouri. Read on…
- [Equal Pay Act for New Jersey](https://helpdesksuites.com/2018/06/18/equal-pay-act-for-new-jersey/): Hey Compliance Warriors! Here’s another update on equal pay. Starting July 1st 2018 a big change is coming for New Jersey. Read on for the details…
- [More Paid Sick Leave in Minnesota](https://helpdesksuites.com/2018/06/15/more-paid-sick-leave-in-minnesota/): Hey Compliance Warriors! Duluth, MN is the latest city to join the paid sick leave train in Minnesota. Read on for all the details..
- [Revised Employee Benefit Plan For 2018](https://helpdesksuites.com/2018/06/14/revised-employee-benefit-plan-for-2018/): Hey Compliance Warriors! The IRS has put out their revised employee benefit plan for 2018. You’ll be able to see the changes from 2017 in the charts below. Read on…
- [New Holiday In California?](https://helpdesksuites.com/2018/06/13/new-holiday-in-california/): Hey Compliance Warriors! We all certainly love time off from work or school! Well look at this new bill that’s been proposed in California. Read on…
- [Clarification on San Francisco Sick Leave](https://helpdesksuites.com/2018/06/12/clarification-on-san-fransisco-sick-leave/): Hey Compliance Warriors! On June 7th San Francisco’s new sick leave rules took effect. Here’s all the details on what’s changed…
- [The Facts about Termination Pay Penalties](https://helpdesksuites.com/2018/06/11/the-facts-about-termination-pay-penalties/): Hey Compliance Warriors! Termination pay penalties can be somewhat of a thorn in the side for companies. Here’s some great information regarding this…
- [Employee Lawsuits: How To Protect Your Company](https://helpdesksuites.com/2018/06/08/employee-lawsuits-how-to-protect-your-company/): Hey Compliance Warriors! You never want to find yourself in a situation where an employee is trying to sue your company. Here’s some good information on how you can protect yourself…
- [What To Do When There Is An Accident At The Workplace](https://helpdesksuites.com/2018/06/07/what-to-do-when-there-is-an-accident-at-the-workplace/): Hey Compliance Warriors! From time to time accidents occur within the workplace where someone may be hurt. Here’s some good information on what action can be take after something happens. Read on…
- [7 Tips for staying Organized](https://helpdesksuites.com/2018/06/06/7-tips-for-staying-organized/): Hey Compliance Warriors! In a business setting keeping yourself organized is key to success. Here’s some tips to help with that. Read on…
- [Pros and Cons of Using The Cloud in HR](https://helpdesksuites.com/2018/06/05/pros-and-cons-of-using-the-cloud-in-hr/): Hey Compliance Warriors! Storing information in the cloud is very prevelant this day and age. There are always pros and cons that come along with these tools though. Take look at this article to see how it can help or hinder us in our industry. Read on…
- [How Do Electronic Payment Systems Work?](https://helpdesksuites.com/2018/06/04/how-do-electronic-payment-systems-work/): Hey Compliance Warriors! Convenience is one of the biggest benefits in this digital era we live in. Take a look at this article that explains all you need to know about electronic payment systems. Read on…
- [Where Are We With Employee Engagement?](https://helpdesksuites.com/2018/05/17/where-are-we-with-employee-engagement/): Hey Compliance Warriors! Good news, employee engagement is at an all time high! It took a dip in 2016 but, numbers are showing an upswing for 2017. Read on…
- [Myths About Career Advancement](https://helpdesksuites.com/2018/05/16/myths-about-career-advancement/): Hey Compliance Warriors! Career advancement and opportunities at first glance may seem like something everyone is looking for. Take a look at this article to see some myths pertaining to career advancement. Read on..
- [Court Of Appeals In Pennsylvania Helps The "Gig Economy"](https://helpdesksuites.com/2018/05/15/court-of-appeals-in-pennsylvania-helps-the-gig-economy/): Hey Compliance Warriors! You may remember hearing about this case from last year about a man who lost his unemployment benefits because he started driving for Uber. Well that decision has changed. Read on…
- [New Jersey Paid Sick And Safe Leave Bill To Be Signed](https://helpdesksuites.com/2018/05/14/new-jersey-paid-sick-and-safe-leave-bill-to-be-signed/): Hey Compliance Warriors! Looks like New Jersey is the latest state to join the mandatory paid sick and safe leave train. Read on for the details…
- [Sexual Harassment Law Might Be Changing In Minnesota?](https://helpdesksuites.com/2018/05/11/sexual-harassment-law-might-be-changing-in-minnesota/): Hey Compliance Warriors! Minnesota Legislature has proposed a big change to their sexual harassment laws. Read on…
- [How Should We Handle An Employee Showing Signs of Cognitive Decline?](https://helpdesksuites.com/2018/05/10/how-should-we-handle-an-employee-showing-signs-of-cognitive-decline/): Hey Compliance Warriors! Cognitive Decline may be a rare problem and probably not something we think of a whole lot. Here’s a great Q and A on this subject and how to handle it.
- [Are Health Savings Accounts Effective?](https://helpdesksuites.com/2018/05/07/are-health-savings-accounts-effective/): Hey Compliance Warriors! Health savings accounts can be tricky subject to see if it’s really going to be a cost saving plan for employer to offers this benefit. Here’s some good research about how they can be managed and their effectivness. Read on…
- [Pregnancy Leave Requirements In New Hampshire](https://helpdesksuites.com/2018/05/04/pregnancy-leave-requirements-in-new-hampshire/): Hey Compliance Warriors! For those in New Hampshire here’s some great information on clarifying the pregnancy leave requirements for employees. Read on…
- [Developments In Laws For Wage and Hour](https://helpdesksuites.com/2018/05/03/developments-in-laws-for-wage-and-hour/): Hey Compliance Warriors! Here’s a good quarterly summary of wage and hour developments. Read on…
- [Is There Such Thing As A Good Audit?](https://helpdesksuites.com/2018/05/01/is-there-such-thing-as-a-good-audit/): Hey Compliance Warriors! We all know it tax season and there’s always a chance for a dreaded audit. However there can be a good audit. How so? It’s called and internal audit. Read on to see some tips on conducting internal audits from the FLSA.
- [Movement On Gender Pay Gap](https://helpdesksuites.com/2018/04/30/movement-on-gender-pay-gap/): Hey Compliance Warriors! The gender pay gap is continuing to close in on equality. Though there’s still a ways to go there’s been improvement. Read on…
- [Colorado Supreme Court Sets Limit For Unpaid Wage Claims](https://helpdesksuites.com/2018/04/27/colorado-supreme-court-sets-limit-for-unpaid-wage-claims/): Hey Compliance Warriors! Unpaid wage claims can be haunting to employers. In Colorado, the Supreme Court has set a limit for how far back employee can try to file wage claims. Read on…
- [Supreme Court Rules On Overtime Case On The Side Of Employer](https://helpdesksuites.com/2018/04/26/supreme-court-rules-on-overtime-case-on-the-side-of-employer/): Hey Compliance Warriors! For employers a wage and hour lawsuit can be a nightmare. This supreme court case signals that there may be a pro-employer shift. Read on…
- [Tip Pooling: New Guidelines For Employers](https://helpdesksuites.com/2018/04/25/tip-pooling-new-guidelines-for-employers/): Hey Compliance Warriors! The FLSA has issued new tip pooling guidelines for employers to follow. Check out the article below to see what the old rules were compared to the new rules. Read on…
- [Supreme Court: Service Advisors Are Exempt From Federal Overtime Laws Under The FLSA](https://helpdesksuites.com/2018/04/24/supreme-court-service-advisors-are-exempt-from-federal-overtime-laws-under-the-flsa/): Hey Compliance Warriors! If you’re in the Auto sales and service industry you may want to take a look at this ruling by the supreme court. Read on…
- [DOL Helps Employees Of Houlihan's Restaurants To Receive Back Wages](https://helpdesksuites.com/2018/04/23/dol-helps-employees-of-houlihans-restaurants-to-receive-back-wages/): Hey Compliance Warriors! The DOL has established a hotline to help former employees Houlihan’s Restaurant chain in NY and NJ to recover their back wages owed. Read on…
- [Ohio Roofing Company In Trouble With The DOL](https://helpdesksuites.com/2018/04/20/ohio-roofing-company-in-trouble-with-the-dol/): Hey Compliance Warriors! The DOL has found that an Ohio roofing company is exposing their employees to dangerous situations situation without any safety equipment. Read on for more details…
- [Federal Judge Rules A Case Pertaining To Wage Violations](https://helpdesksuites.com/2018/04/19/federal-judge-rules-a-case-pertaining-to-wage-violations/): Hey Compliance Warriors! Federal judge orders the owner of a California drywall company to cooperate with a DOL probe of alleged wage violations. Read on for the details…
- [DOL Issues Assistance On Filing FECA Claims](https://helpdesksuites.com/2018/04/18/dol-issues-assistance-on-filing-feca-claims/): Hey Compliance Warriors! The DOL has launched a Webpage to assist those filing FECA claims in connection with 9/11 injuries. Read on for more details on this…
- [New Wage And Hours Opinion Letters](https://helpdesksuites.com/2018/04/17/new-wage-and-hours-opinion-letters/): Hey Compliance Warriors! The DOL has issued some new opinion letters. Check out the press release below to see what these new letters are pertaining to…
- [Is HR Making You Fat? Part 3](https://helpdesksuites.com/2018/04/16/is-hr-making-you-fat-part-3/): Ok. I know you’re pretty fed up (no pun) with my delaying in telling you what my Dr. discovered after reviewing the lab-work I told you about in Part Two. The HR Fat Dragon has been uncovered! My Name is Lisa and I am a Carb-o-Holic! We have all heard and read the low-carb diet plans. The Atkins diet is one of the most famous or infamous depending on your point of view. But, what’s the truth about low-carb and why does it work for so many people? Would it work for me, I wondered? After researching the science of low-carb eating habits, I […]
- [Is HR Making You Fat? Part 2](https://helpdesksuites.com/2018/04/13/is-hr-making-you-fat-part-2/): Ok – Let’s talk turkey. In Part One, I promised you I would talk about my struggle to find the secret to taming the HR Fat Dragon. I believe I have found it, but the final results are not in yet. So, let me start by telling you what I have tried on my way. Diets So, I have read a thousand different diet ideas and really they all make sense. Have you had this problem? I believe if it makes sense it must work. I guess that’s how the diet gurus make their money. Take it from a veteran dieter, just […]
- [Is HR Making You Fat?](https://helpdesksuites.com/2018/04/12/is-hr-making-you-fat/): HR Made Me FAT!  On this point I will not negotiate. I was a lovely young maiden back in the day. I married, had two children and managed to keep my girlish figure. Then one day I moved into a position requiring me to perform many human resources related duties. Boom! I started to gain weight and lost that girlish figure. Oh yeah, I also had my third and final child. The baby girl. 🙂 HR or Baby Weight? I get it. I can see how you might be drawn in by the fact I had another baby during this time. But, […]
- [DOL Issues New Guidance on the Payment of FLSA Subminimum Wages](https://helpdesksuites.com/2019/03/18/dol-issues-new-guidance-on-the-payment-of-flsa-subminimum-wages/): Hey Compliance Warriors! The U.S. Department of Labor’s Wage and Hour Division (WHD) recently published three documents providing guidance on the payment of subminimum wages under section 14(c) of the Fair Labor Standards Act (FLSA).  The first two are related to the impact of Rehabilitation Act section 511 and third provides general guidance on the administration of section 14(c). Read on… The first is Field Assistance Bulletin (FAB) No. 2019-1 concerning the definition of subminimum wages under section 511 and WHD’s enforcement of the limitations on the payment of those wages under section 14(c). The second is a revised Fact Sheet #39H: The Workforce […]
- [DOL Issues New Update on Tipped Employees and "Dual Jobs"](https://helpdesksuites.com/2019/03/15/dol-issues-new-update-on-tipped-employees-and-dual-jobs/): Hey Compliance Warriors! A recent change to Field Operations Handbook (FOH) 30d00(f) contains the Wage and Hour Division’s (WHD) interpretation concerning whether tipped employees are working “dual jobs.”  Read on… TIPPED EMPLOYEES: Specifically, Field Assistance Bulletin (FAB) No. 2019-2 explains that, consistent with WHD Opinion Letter FLSA2018-27 (Nov. 8, 2018), WHD will no longer prohibit an employer from taking a tip credit based on the amount of time an employee spends performing duties related to a tip-producing occupation that are performed contemporaneously with direct customer-service duties or for a reasonable time immediately before or after performing such direct-service duties.  WHD has updated FOH 30d00(f) accordingly. Employers remain prohibited […]
- [DOL Issues New Opinion Letters](https://helpdesksuites.com/2019/03/14/dol-issues-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor’s Wage and Hour Division (WHD) announced today that it has issued three new opinion letters. This release demonstrates the agency’s continued commitment to providing meaningful compliance assistance to help employees understand their rights and ensure that employers have the information they need to comply with federal labor laws. Read on… One letter released today addresses the following compliance issues under the Family and Medical Leave Act (FMLA):   The obligation to designate FMLA-qualifying leave and prohibition on expanding FMLA leave   Two letters released today address the following compliance issues under the Fair Labor Standards Act (FLSA): […]
- [SBS 214: Traits of Great Managers](https://helpdesksuites.com/2019/03/13/traits-of-great-managers/): Hey Compliance Warriors! Today we call back to an earlier episodes and breakdown traits of what makes a great manager! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [DOL Issues New Proposed Rule for Overtime Exemptions](https://helpdesksuites.com/2019/03/11/new-proposed-rule-overtime/): Hey Compliance Warriors! So, we have the new overtime rule in our site. What does it say and what does it mean? How does all of this compare to the 2016 Rule and what will we need to change compared to today’s rule? Read on to find out!
- [Michigan Court of Appeals Makes a Big Decision Regarding the Medical Marihuana Act](https://helpdesksuites.com/2019/03/08/michigan-court-of-appeals-makes-a-big-decision-regarding-the-medical-marihuana-act/): Hey Compliance Warriors! The Michigan Court of Appeals has stated that when an employer rescinds a conditional offer of employment based on a positive drug test it is not violating Section 4 of the “MMMA.” Read on for the details on this….
- [BREAKING NEWS: U.S. DEPARTMENT OF LABOR RELEASES OVERTIME UPDATE PROPOSAL](https://helpdesksuites.com/2019/03/07/proposed-overtime-rule-published/): Hey Compliance Warriors! It’s what we have all been waiting for! The DOL has released the NPRM for the new Overtime Rule. Read on…
- [Illinois Makes Recent Changes to Human Rights Act](https://helpdesksuites.com/2019/03/07/illinois-makes-recent-changes-to-human-rights-act/): Hey Compliance Warriors! There have been a number of changes to the Human Rights Act in Illinois. Here’s a breakdown of what’s happening. Read on…
- [Guidance on Hair Discrimination in New York City](https://helpdesksuites.com/2019/03/06/guidance-on-hair-discrimination-in-new-york-city/): Hey Compliance Warriors! The Commission of Human rights in NYC has released some information banning discrimination when it comes to a person’s hair. Read on….
- [SBS 213: Does a POA for an Uncle qualify as FMLA?](https://helpdesksuites.com/2019/03/06/does-a-poa-for-an-uncle-qualify-as-fmla/): Hey Compliance Warriors! Today we discuss another listener question: Does a POA for an Uncle qualify as FMLA? Listen in as we talk about how to handle a situation like this. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [New Mexico is Looking to Prohibit Local Right-to-Work](https://helpdesksuites.com/2019/03/05/new-mexico-is-looking-to-prohibit-local-right-to-work/): Hey Compliance Warriors! New Mexico is trying to take matters into their own hands when it comes the to right-to-work ordinance. Read on for the details…
- [Should Employer Preserve Employee Cell Phone Data](https://helpdesksuites.com/2019/03/04/should-employer-preserve-employee-cell-phone-data/): Hey Compliance Warriors! As we know a lot of employers provide their employees with a “work phone” or more commonly these days,  pay part of their personal phone bill to be able to use their phone for work. That begs the question though… What are your responsibilities as the employer in keeping data records. Here’s some great information regarding this. Read on…
- [HelpDesk Deluxe Suite Members Have a Newly Updated Mobile App!](https://helpdesksuites.com/2019/03/01/protections-for-transgender-non-binary-gender-non-conforming-workers-expanded-in-new-york-2/): Hey Compliance Warriors! We have updated our DELUXE SUITE members  iOS and Android Mobile App and added some super cool features. If you are in California, you are really going to appreciate the blended overtime calculators that also allow for non-discretionary bonus calculations too! Yep, we are using the new calculation formula now required in CA. Google Play: https://play.google.com/store/apps/details?id=com.companyname.HelpDesk App Store: https://itunes.apple.com/us/app/helpdesksuites/id1444755967?mt=8 Check it out! Until Next Time, Be Audit-Secure! Lisa Smith About LISA SMITH Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more in her […]
- [Protections for Transgender, Non-Binary, Gender Non-Conforming Workers Expanded in New York](https://helpdesksuites.com/2019/03/01/protections-for-transgender-non-binary-gender-non-conforming-workers-expanded-in-new-york/): Hey Compliance Warriors! As of February 25, 2019, New York State has enacted the Gender Expression Non-Discrimination Act (GENDA). Also changes to the New York City Human Rights Law (NYCHRL) is going to expand the horizon of prohibited discriminatory conduct. Here’s all the details of what this will entail. Read on…
- [Legislature in California to be Addressed This Year](https://helpdesksuites.com/2019/02/28/legislature-in-california-to-be-addressed-this-year/): Hey Compliance Warriors! There is a lot of legislature that is to be addressed in California this year. Here’s a breakdown of what’s coming. Read on…
- [SBS 212: Reasonable Accommodation: Hearing Aid vs. Standing Desk](https://helpdesksuites.com/2019/02/27/reasonable-accommodation-hearing-aid-vs-standing-desk/): Hey Compliance Warriors! Today we take a listener question on Reasonable accommodation in the workplace and what is “Reasonable” and what is not. Click HERE to Download “7 Tips for a Successful Interactive Process!“ Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [Courts Reject NYC's Payroll Deduction Law Challenge From Fast Food Companies](https://helpdesksuites.com/2019/02/26/courts-reject-nycs-payroll-deduction-law/): Hey Compliance Warriors! A New York City Federal Judge has rejected a challenge from fast food companies that were wanting to forward voluntary deductions from employee paychecks to nonprofit organizations. Read on for more details on this… 
- [2019 Cases That Are Pending With The California Supreme Court](https://helpdesksuites.com/2019/02/25/2019-cases-that-are-pending-with-the-california-supreme-court/): Hey Compliance Warriors! Here’s a breakdown of cases in California that are currently pending. Read on…
- [DOL Retracts 80/20 Rule On Tipped Employees](https://helpdesksuites.com/2019/02/21/dol-retracts-80-20-rule-on-tipped-employees/): Hey Compliance Warriors! Back in November the Department of Labor released an opinion letter easing up on restrictions for tipped employees when it comes to the 80/20 rule. Read on for all the details on this…
- [Keeping a Great Zero Tolerance Harassment Policy in the #Metoo Era](https://helpdesksuites.com/2019/02/20/keeping-a-great-zero-tolerance-harassment-in-the-metoo-era/): Hey Compliance Warriors! In this day and age when I comes to harassment in the workplace have a great policy is key. Here’s some information on how to help you develop these policies. Read on….
- [SBS 211: Defining Workplace Bullying](https://helpdesksuites.com/2019/02/20/sbs-211-defining-workplace-bullying/): Hey Compliance Warriors! Today we talk about the differences between harassment and bullying in the workplace, how to identify it, and most of all what you can do about it. You can CLICK HERE to go Download the FREE E-Book talked about in this episode. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [Protective Comprehensive Data Privacy Act in Washington State](https://helpdesksuites.com/2019/02/18/protective-comprehensive-data-privacy-act-in-washington-state/): Hey Compliance Warriors! Washington state is considering adding to the Comprehensive Data Privacy Act to protect personal information as well. Read on for the details on this…
- [Guidance On How to Conduct Criminal Background Checks Properly](https://helpdesksuites.com/2019/02/15/guidance-on-how-to-conduct-criminal-background-checks-properly/): Hey Compliance Warriors! This is always a topic that can get tricky. If you don’t conduct a criminal background check properly it could cause major problems for your organization. Read on…
- [New Jersey Minimum Wage Increase Signed Into Law](https://helpdesksuites.com/2019/02/14/new-jersey-minimum-wage-increase-singed-into-law/): Hey Compliance Warriors! Starting July 1st 2019 New Jersey will have new minimum wage laws that will gradually start to take effect over the next few years. Read on for the breakdown on how it will all go down…
- [Marijuana Laws and Drug Testing Policies](https://helpdesksuites.com/2019/02/13/marijuana-laws-and-drug-testing-policies/): Hey Compliance Warriors! With medical Marijuana being widely used to treat different medical conditions this day and age, there’s no doubt that employers will run into this at the workplace. So here’s some great information on how to maintain a safe healthy, and legal workplace. Read on…
- [SBS 210: Successful Leadership in the Workplace](https://helpdesksuites.com/2019/02/13/sbs-210-successful-leadership-in-the-workplace/): Hey Compliance Warriors! Today we interview Sarah Bohner a General Manager of a restaurant. She shares her experience in being the head over at least 30 employees and how she is successful in dealing with what can be a stressful environment. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [Supreme Court's on Arbitrations Agreements](https://helpdesksuites.com/2019/02/12/supreme-courts-on-arbitrations-agreements/): Hey Compliance Warriors! Here’s some guidance on mandating arbitration for solving employment disputes from the Supreme Court. Read on…
- [Is Physician's Pay Data a Secret?](https://helpdesksuites.com/2019/02/11/is-physician-pay-data-a-secret/): Hey Compliance Warriors! Some hospitals think that it’s okay to keep their physicians pay data a secret. However, a Florida federal court came down with a different decision. Read on…
- [Prior Independent Contractor Standards Reinstated by NLRB](https://helpdesksuites.com/2019/02/08/prior-independent-contractor-standards-reinstated-by-nlrb/): Hey Compliance Warriors! The NLRB (National Labor and Relations Board) has returned to its prior standard for independent contractors. Here’s the details on this. Read on…
- [Illinois Bans Salary History](https://helpdesksuites.com/2019/02/07/illinois-bans-salary-history/): Hey Compliance Warriors! Illinois is among the latest wave of states to ban salary history. Here’s some great information on this  and what it entails. Read on…
- [Coming Soon: Michigan’s Paid Medical Leave Act](https://helpdesksuites.com/2019/02/06/coming-soon-michigans-paid-medical-leave-act/): Hey Compliance Warriors! Michigan has a new paid medical leave act and its going to be here before we know it. So if you’re in Michigan you need to be prepared. Here’s some good information to help with that. Read on…
- [SBS 209: Sexual Harassment in the Workplace](https://helpdesksuites.com/2019/02/06/sbs-209-sexual-harassment-in-the-workplace/): Today we breakdown Sexual Harassment in the Workplace. We talk about what it is, how we can prevent, and also steps to take to make sure employees are trained properly. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [Flight Attendants in CA Get Huge Settlement](https://helpdesksuites.com/2019/02/05/flight-attendants-in-ca-get-huge-settlement/): Hey Compliance Warriors! Flight attendants win a big case against and airline paying out $77 million in damages. Read on…
- [7th Circuit's Decision On Age Bias Theory](https://helpdesksuites.com/2019/02/04/7th-circuits-decision-on-age-bias-theory/): Hey Compliance Warriors! The 7th circuit ruled in favor of the employer on this particular case of age bias. Read on for the details…
- [Fair Workweek in Philadelphia](https://helpdesksuites.com/2019/02/01/fair-workweek-in-philadelphia/): Hey Compliance Warriors! Philadelphia has enacted “Fair Workweek Standards.” Read on for the details on this…
- [Connecticut Prohibits Salary Inquiries](https://helpdesksuites.com/2019/01/31/connecticut-prohibits-salary-inquiries/): Hey Compliance Warriors! Salary inquiries have been a hot topic recently. As of January 1st Connecticut was the latest state to take a stance of prohibiting this. Read on…
- [$21.5 Million Awarded to Employee Due To Employer Ignoring Employee's Religious Beliefs](https://helpdesksuites.com/2019/01/30/21-5-million-awarded-to-employee-due-to-employer-ignoring-employees-religious-beliefs/): Hey Compliance Warriors! Here’s an important one company had to learn the hard way when it comes to an employee and their religious beliefs. Read on…
- [SBS 208: Records Retention Questions - What goes in the Personnel File?](https://helpdesksuites.com/2019/01/30/sbs-208-records-retention-questions-what-goes-in-the-personnel-file/): Hey Compliance Warriors! Today on Small Business Spoonfuls we discuss what goes into the employee personnel file. Click HERE to download the “8 Types of Employee Files” we talk about on the show. Until next time, Be Audit Secure!
- [Michigan LGBT Protections and Banning of Salary History](https://helpdesksuites.com/2019/01/29/michigan-lgbt-protections-and-banning-of-salary-history/): Hey Compliance Warriors! The new governor of Michigan Gretchen Whitmer is not wasting any time bringing new requirements in the employment field on executive branch state employees and some contractors and grant and loan recipients. Read on for the details on this…
- [Medical Marijuana Accommodations in the Workplace](https://helpdesksuites.com/2019/01/28/medical-marijuana-accommodations-in-the-workplace/): Hey Compliance Warriors! Are Medical Marijuana accommodations necessary at work? New Jersey weighs in on their decision. Read on… 
- [Religious Bias at Work: How to Navigate the Many Religious Requirements and Preferences](https://helpdesksuites.com/2019/01/28/religious-bias-at-work-how-to-navigate-the-many-religious-requirements-and-preferences/): Hey Compliance Warriors! Religious bias and accommodation is always in the news. But, how do you know the difference between your rights and their rights when you both have rights? Oh boy… 
- [Age Discrimination Via Social Media Job Targeting Q&A](https://helpdesksuites.com/2019/01/25/age-discrimination-via-social-media-job-targeting-qa/): Hey Compliance Warriors! Here’s and interesting question. Read on…
- [Transgender Discrimination in New York](https://helpdesksuites.com/2019/01/24/transgender-discrimination-in-new-york/): Hey Compliance Warriors! Here’s some information on a statute that went into effect January 15 regarding transgender discrimination in the workplace. Read on…
- [Verify Employment Records](https://helpdesksuites.com/2019/01/23/verify-employment-records/): Hey Compliance Warriors! Here’s some great information on the importance of verifying employment records. Read on…
- [SBS 207: How Do I Discuss Body Odor With A Difficult Employee?](https://helpdesksuites.com/2019/01/23/how-do-i-discuss-body-odor-with-a-difficult-employee/): Hey Compliance Warriors! We’re back again with a listener question! How Do I Discuss Body Odor With A Difficult Employee? This can be a tricky subject and you can’t just say “You Stink! Go home and shower!” Listen in as Lisa and Mason discuss this subject and how to handle it! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! [activecampaign form=1]
- [Are You Doing it Right? A Common FMLA Mistake](https://helpdesksuites.com/2019/01/22/are-you-doing-it-right-a-common-fmla-mistake/): Hey Compliance Warriors! Here’s some great information on a common FMLA mistake. Read on…
- [Minimum Wage Increase Proposed: $8.55 is on the Table](https://helpdesksuites.com/2019/01/22/minimum-wage-increase-855/): Hey Compliance Warriors! Democrats have plans to raise the federal minimum wage from $7.25 to $8.55 later this year, then walk it up to $15.00/hr by 2024. We hear chatter like this often, but what are the chances it will really happen this time and what other implications might this proposed Act have? Read on…
- [Supreme Court Decides Certain Types of Transport Companies Are Exempt From FAA](https://helpdesksuites.com/2019/01/21/supreme-court-decides-certain-types-of-transport-companies-are-exempt-from-faa/): Hey Compliance Warriors! The Supreme Court has decided that the FAA Section 1 exemption applies to transportation workers whether they are independent contractors or an employee. Read on for the details on this…
- [Importance of Good Job Descriptions](https://helpdesksuites.com/2019/01/18/importance-of-good-job-descriptions/): Hey Compliance Warriors! As Employers we want to make sure we use the employees that we hire to their fullest potential. That starts with good job descriptions. Here’s some great information on what mistakes not to make when assembling job descriptions. Read on…
- [Why Should You Be Compliant With COBRA?](https://helpdesksuites.com/2019/01/17/why-should-you-be-compliant-with-cobra/): Hey Compliance Warriors! COBRA can be difficult to navigate and can be hard on employers at times. However here are 12 reasons why we should be compliant with COBRA. Read on…
- [Mandatory Vacation Time For NYC Employees Proposed](https://helpdesksuites.com/2019/01/16/mandatory-vacation-time-for-nyc-employees-proposed/): If you’re in New York City you may want to take keep an eye on this. It could signal big changes for employees and employers. Read on…
- [E-VERIFY and the Government Shutdown](https://helpdesksuites.com/2019/01/16/e-verify-government-shutdown/): Hey Compliance Warriors! The government shutdown has many employers writing in and asking “What do we do about E-Verify?” Read on…
- [SBS: 206 What Goes in the W-2 Box 12?](https://helpdesksuites.com/2019/01/16/sbs-206-what-goes-in-the-w-2-box/): Hey Compliance Warriors! Today on the podcast we talk about how to navigate the sometimes confusing box 12 on the W2. Don”t forget to rate, review and subscribe! Enjoy and until next time, Be Audit Secure!
- [Government Shutdown's Affect on Businesses](https://helpdesksuites.com/2019/01/15/government-shutdowns-affect-on-businesses/): Hey Compliance Warriors! The government shutdown is having effects that are sweeping the nation. Here’s some information as to what’s currently happening. Read on…
- [BREAKING NEWS: USDOL Sends New Proposed Overtime Rule to the White House](https://helpdesksuites.com/2019/01/14/usdol-sends-new-proposed-overtime-rule-to-the-white-house/): Hey Compliance Warriors! On Friday, January 11th, the U.S. Department of Labor sent proposed changes to the white-collar exemptions (Overtime Rule) to the Office of Management and Budget! What does this mean? Read on…
- [Tips on Avoiding Discrimination Claims from Clients or Customers](https://helpdesksuites.com/2019/01/10/tips-on-avoiding-discrimination-claims-from-clients-or-customers/): Hey Compliance Warriors! Here’s some information on how we can avoid negative interactions with customers or clients to avoid a possible discrimination claims. Read on…
- [Pay Equity Law in Connecticut](https://helpdesksuites.com/2019/01/09/pay-equity-law-in-connecticut/): Hey Compliance Warriors! Starting in 2019 Connecticut’s pay equity law prohibits employers from asking about salary history. Read on for more on this….
- [SBS 205: Minimum Wage Update 2019](https://helpdesksuites.com/2019/01/09/sbs-205-minimum-wage-update-2019/): Hey Compliance Warriors! Today we talk the 2019 minimum wage updates sweeping the nation! Click here to download the minimum wage update chart we talk about on the show. Enjoy and until next time, Be Audit Secure!
- [Employee Reimbursement of Business Expenses in Illinois](https://helpdesksuites.com/2019/01/08/employee-reimbursement-on-business-expenses-in-illinois/): Hey Compliance Warriors! Effective January 1st, 2019 Illinois employers have new employee reimbursement responsibilities. Read on for the details on this…
- [New California Employment Law Changes For 2019](https://helpdesksuites.com/2019/01/07/new-california-employment-law-changes-for-2019/): Hey Compliance Warriors! If you’re in California here’s a round up of some changes effective in January. Read on…
- [State Specific Employment Relationship Laws in New Hampshire](https://helpdesksuites.com/2019/01/04/state-specific-employment-relationship-laws-in-new-hampshire/): Hey Compliance Warriors! If you’re located in New Hampshire here’s some great information regarding Employment Relationship Laws. Read on…
- [Leadership as a Service](https://helpdesksuites.com/2019/01/03/leadership-styles-can-make-or-break-a-compliance-program-2/): Hey Compliance Warriors! In the second part of our Leadership series, we are looking at Service Style Leadership. Read on…
- [SBS 204: Misunderstanding Leave Laws](https://helpdesksuites.com/2019/01/02/sbs-204-misunderstanding-leave-laws/): Today we talk some misunderstandings when it comes to leave laws. Don’t forget to Subscribe, Rate and Review! Visit HelpDeskSuites.com
- [Leadership Styles Can Make or Break a Compliance Program](https://helpdesksuites.com/2019/01/02/leadership-styles-can-make-or-break-a-compliance-program/): Hey Compliance Warriors! A big part of a solid compliance program is a solid leadership approach. We are beginning a new year and it’s time to review our leadership goals for 2019. Let’s look at what it takes to become a leader that people respect and consider to be “likable”. Not a pushover. But, a leader who inspires confidence and motivates employees to want to improve and achieve personal and company goals – Compliance Goals! Read on…
- [SBS 203: DOL Listening Sessions Update](https://helpdesksuites.com/2018/12/26/sbs-203-dol-listening-sessions-update/): Today we give an update to the DOL listening sessions we attended back in September. We discuss what the matter was and where they’re at with it now. Here is an extra video we mention in this episode: https://helpdesksuites.com/2018/10/09/overtime-rule-listening-sessions-2/ Don’t forget to Subscribe, Rate and Review! Visit HelpDeskSuites.com
- [Union Bargaining Over Safety Clothing Rule](https://helpdesksuites.com/2018/12/21/union-bargaining-over-safety-clothing-rule/): Hey Compliance Warriors! You may think requiring an employee to wear safety clothing is a something you’re doing to protect them. While this is good you want to make sure your bases are covered. Read on for the details…
- [Work Related Accidents](https://helpdesksuites.com/2018/12/20/work-related-accidents/): Hey Compliance Warriors! Here’s some interesting information as far as what can be considered a work related accident. Read on…
- [Gig Economy Classification Ruling in Oregon](https://helpdesksuites.com/2018/12/19/gig-economy-classification-ruling-in-oregon/): Hey Compliance Warriors! It was a bad week for the gig economy in Oregon. Read on for the details….
- [Holiday Parties and #METOO](https://helpdesksuites.com/2018/12/18/holiday-parties-and-metoo/): Hey Compliance Warriors! Holiday parties can be fun and a nice time to get your company together to enjoy social time. However, there can be some liabilities to look out for. Here’s some tips on how to protect yourself and your organization. Read on…
- [SBS 202: Meal Breaks in New York State](https://helpdesksuites.com/2018/12/18/sbs-episode-2-meal-breaks-in-new-york-state/): We take another user question regarding navigating New York state meal breaks on the podcast this week. Don’t forget to Subscribe, Rate and Review! Visit HelpDeskSuites.com
- [Michigan Paid Sick Leave Act and Minimum Wage UPDATE](https://helpdesksuites.com/2018/12/18/osha-between-general-contractor-and-subcontractor-employees-2/): Hey Compliance Warriors! Here is an update to the ever-changing Michigan Paid Sick Leave Law. Read on…
- [OSHA Between General Contractor and Subcontractor Employees](https://helpdesksuites.com/2018/12/17/osha-between-general-contractor-and-subcontractor-employees/): Hey Compliance Warriors! This is an interesting case to see where the 5th Circuit stands on a hazardous conditions and OSHA’s multi-employer policy. Read on…
- [Lactation Rooms and Written Policy Requirement for New York City Employers](https://helpdesksuites.com/2018/12/13/lactation-rooms-and-written-policy-requirement-for-new-york-city-employers/): Hey Compliance Warriors! If you’re in NYC there’s new a new requirement for breast feeding moms coming in March. Read on…
- [SBS 201: I-9 Question: General Contractor vs Subcontractor](https://helpdesksuites.com/2018/12/13/sbs-episode-1-i-9-general-contractor-vs-subcontractor/): In this weeks episode, we take a user question pertaining to a problem between a general contractor and a subcontractors employee. Don’t forget to Subscribe, Rate and Review on Apple Podcasts! Visit HelpDeskSuites.com Announcer: Small Business Spoonfuls is a weekly Q&A with Lisa Smith and Mason Merrell providing the answers to questions you have about running your small business.  This podcast is sponsored by HelpDeskSuites.com.  If you are a busy employer, we are your employment law compliance help desk.  Visit HelpDeskSuites.com to find out more and become a member.  Now, here’s your host, Lisa Smith and Mason Merrell. Lisa Smith (LS): […]
- [Michigan Employers and Occupational Safety and Health in the Workplace](https://helpdesksuites.com/2018/12/12/michigan-employers-and-occupational-safety-and-health-in-the-workplace/): Hey Compliance Warriors! Employers should always be looking to keep their workplace as safe as possible. Here’s some great reminders for Employers in Michigan. Read on…
- [Missouri's New Medical Marijuana Law](https://helpdesksuites.com/2018/12/11/missouris-new-medical-marijuana-law/): Hey Compliance Warriors! Missouri is going green and there are some things employers need to know about this new medical marijuana law. Read on…
- [Employee Safety Policy Q & A](https://helpdesksuites.com/2018/12/10/employee-safety-policy-q-a/): Hey Compliance Warriors! Question: Do employee safety policies require negotiation with a union?
- [Kentucky State Right to Work Law](https://helpdesksuites.com/2018/12/07/kentucky-state-right-to-work-law/): Hey Compliance Warriors! The Kentucky Supreme Court has dismissed the labor unions challenge to the States right-to-work-law. Here’s the details. Read on…
- [California Guidance On Compliance With California Fair Pay Act](https://helpdesksuites.com/2018/12/06/california-guidance-on-compliance-with-california-fair-pay-act/): Hey Compliance Warriors! California has always been ahead of the game when it comes to “closing the gap” of unequal pay. California has recently made some modifications to the CFPA. Read on to see what this entails…
- [Washington's Paid Family Medical Leave: Voluntary Plans](https://helpdesksuites.com/2018/12/04/washingtons-paid-family-medical-leave-voluntary-plans/): Hey Compliance Warriors! Washingtons new paid family medical leave goes into effect January 1st 2019. Here’s information you need to know about it. Read on…
- [Constructive Criticism in the Workplace](https://helpdesksuites.com/2018/12/03/constructive-criticism-in-the-workplace/): Hey Compliance Warriors! Constructive criticism in the workplace can be hard to navigate sometimes. Take a look at this information to see way we might be able to avoid a potential problem. Read on..
- [MeToo Movement in the Healthcare Industry](https://helpdesksuites.com/2018/11/30/metoo-movement-in-the-healthcare-industry/): Hey Compliance Warriors! The #Metoo movement is really important this day and age. As employers we want to make sure we are doing the right thing because we know we can’t control the actions of other people. Here’s some protective actions we can take. Read on…
- [New York Minimum Wages and Exempt Salaries in 2019](https://helpdesksuites.com/2018/11/29/new-york-minimum-wages-and-exempt-salaries-in-2019/): Hey Compliance Warriors! The New York minimum wage and exempt salaries are set to increase for 2019 starting 12/31/2018. Here is a breakdown of the changes. Read on…
- [Questions Patent Owners Should Always Be Able To Answer](https://helpdesksuites.com/2018/11/28/questions-patent-owners-should-always-be-able-to-answer/): Hey Compliance Warriors! If you’re a patent owner, here’s some questions to review to make sure you’re able to answer if their is ever a question about who owns your design. read on…
- [Post Employment Restrictions Court Case](https://helpdesksuites.com/2018/11/27/post-employment-restrictions-court-case/): Hey Compliance Warriors! Here’s a cautionary tale regarding enforcement of non-compete restrictions post employment. Read on…
- [Overview of Law Changes for California in 2019](https://helpdesksuites.com/2018/11/26/overview-of-law-changes-for-california-in-2019/): Hey Compliance Warriors! Looks like California employers will be busy in 2019 as they face quite a few law changes. Heres an overview of what’s coming. Read on…
- [Employee Reimbursement in Illinois](https://helpdesksuites.com/2018/11/20/employee-reimbursement-in-illinois/): Hey Compliance Warriors! Starting January 2, 2019 employers will be required to reimburse qualifying expenses. Read on for all the details on this…
- [Can Small Political Entities Be Liable by ADEA?](https://helpdesksuites.com/2018/11/19/can-small-political-entities-be-liable-by-adea/): Hey Compliance Warriors! Can small country offices make decisions based on age? Check out this article to see where the Supreme Court stands on this. Read on…
- [NYC Sick and Safe Time Act Ammened Rules](https://helpdesksuites.com/2018/11/16/nyc-sick-and-safe-time-act-ammened-rules/): Hey Compliance Warriors! There have been some amended rules under the NYC Safe and Sick Time Act. Read on for the details on this …
- [Lactation Accomodation Requirements in California](https://helpdesksuites.com/2018/11/15/lactation-accomodation-requirements-in-california/): Hey Compliance Warriors! California is tightening up on their requirements for lactation accomodation for nursing mothers. If applicable, is your facility setup to accommodate a nursing mother? Read on…
- [New York, Westchester County Paid Sick Leave Law Enacted](https://helpdesksuites.com/2018/11/14/new-york-westchester-county-paid-sick-leave-law-enacted/): Hey Compliance Warriors! Westchester County is the latest area to start providing employees that are eligible paid sick leave. Read on for the details…
- [How Earned Sick Time Will Affect Michigan Employers](https://helpdesksuites.com/2018/11/13/how-earned-sick-time-will-affect-michigan-employers/): Hey Compliance Warriors! Back in September Michigans Legislature Passed the Earned Sick Time Act which will take effect in April 2019. Here’s some details on that and how it well affect Michigan employers. Read on…
- [Mandatory Business Expense Reimbursement in Illinois](https://helpdesksuites.com/2018/11/09/mandatory-business-expense-reimbursement-in-illinois/): Hey Compliance Warriors! Starting January 1st, 2019 under the Illinois Wage Payment Collection Act employers will be required reimburse certain expenses. Read on..
- [OSHA's Fall Agenda](https://helpdesksuites.com/2018/11/08/oshas-fall-agenda/): Hey Compliance Warriors! Here’s some updates on what regulatory actions OSHA’s considering. Read on…
- [Impact on New York Employers From Paid Sick Leave Changes](https://helpdesksuites.com/2018/11/07/impact-on-new-york-employers-from-paid-sick-leave-changes/): Hey Compliance Warriors! Changes have been made with Paid Sick Leave that may require NYC Employers to review their policies. Read on for the details on these changes…
- [FAQ On Paid Sick and Safe Time in New Jersey](https://helpdesksuites.com/2018/11/06/faq-on-paid-sick-and-safe-time-in-new-jersey/): Hey Compliance Warriors! Last week the New Jersey put out an FAQ on their new paid sick and safe leave law. Here’s a quick break down of what all it includes. Read on…
- [Paid and Sick/Safe Time for Seasonal Employees](https://helpdesksuites.com/2018/11/05/paid-and-sick-safe-time-for-seasonal-employees/): Hey Compliance Warriors! We’re officially in the holiday season. Does your organization hire seasonal employees? Well if you do this article is for you! Managing Paid Sick and Safe leave time can be tricky with regular employees but with seasonal employees it can be even more tricky. Here’s some great tips on how to manage. Read on…
- [Mandatory IRA Program in Connecticut for Private Sector](https://helpdesksuites.com/2018/10/31/mandatory-ira-program-in-connecticut-for-private-sector/): Hey Compliance Warriors! Connecticut will start requiring a mandatory IRA program for private sector employees in January 2019. Read on for all the details on this…
- [Defining Reasonable Accomodations](https://helpdesksuites.com/2018/10/30/defining-reasonable-accomodations/): Hey Compliance Warriors! Here’s some great information on reasonable accommodation and how in some cases its not just for employees with disabilities. Read on…
- [Preparing for Oregon’s Equal Pay Law](https://helpdesksuites.com/2018/10/29/preparing-for-oregons-equal-pay-law/): Hey Compliance Warriors! If you’re in Oregon there’s a new equal pay law coming in January. Here’s six steps to help prepare your organization for it. Read on…
- [PA Supreme Court Rules In Favor of Pittsburg's Paid Sick Days Act](https://helpdesksuites.com/2019/08/27/pa-supreme-court-rules-in-favor-of-pittsburgs-paid-sick-days-act/): Hey Compliance Warriors! Here’s some great information for the now approved Paid Sick Days’s Act coming to Pittsburg. Read on…
- [Beware of Discriminatory Parental Leave Policies!](https://helpdesksuites.com/2019/08/26/beware-of-discriminatory-parental-leave-policies/): Hey Compliance Warriors! Parental leave policies may seem like a no brainer in some organizations. However, it’s important to read the fine print to make sure our policy isn’t leaving our company liable. Here’s a warning tale. Read on…
- [Fifth Circuit Finds Employer’s Investigative Report Shielded from Defamation Liability](https://helpdesksuites.com/2019/08/23/fifth-circuit-finds-employers-investigative-report-shielded-from-defamation-liability/): Earlier this month, the Fifth Circuit Court of Appeals affirmed the lower court’s summary judgment for the defense, holding, that an employer’s investigative report was shielded from defamation liability. In the case of Warren v. Fannie Mae, No. 18-11211 (Aug. 2, 2019), Stephanie Warren, challenged  the district  court’s  grant  of  summary judgment  on her defamation  claim against  Fannie  Mae  and its evidentiary decision to exclude a statement of another Fannie Mae employee. In 2013, Warren was one of four employees fired after an internal investigation concluded that she had violated the company’s  Code  of  Conduct  and  Conflicts  of  Interest  Policy by  […]
- [SBS 228: Incentive Pay - The Good and the Bad](https://helpdesksuites.com/2019/08/21/sbs-28-incentive-pay-the-good-and-the-bad/): Hey Compliance Warriors! Today we’re talking about how incentive pay can be really good in an organization but also how it can hinder if it is not well managed. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Today we’re talking about incentive pay and bonuses.   Mason: Yup. This is something we’re going to talk a counterpoint thing on what’s good about it and what can be bad about it.   Lisa: Yeah, absolutely. Because bonuses, have been shown to work, they can increase productivity and […]
- [Salary History Ban Coming To Illinois](https://helpdesksuites.com/2019/08/20/salary-history-ban-coming-to-illinois/): Hey Compliance Warriors! As of September 29, 2019 employers in Illinois will no longer be able ask for salary history. Here’s a breakdown of what this entails. Read on…
- [The Effect Parental Leave Can Have On Employee Engagement](https://helpdesksuites.com/2019/08/19/the-effect-parental-leave-can-have-on-employee-engagement/): Hey Compliance Warriors! As an employer, making sure that we have great employee engagement is key in any organization. It helps the working environment. More importantly, it also makes for successful businesses. Here’s some great information on how parental leave can affect that engagement. Read on…
- [California On-duty Meal Periods](https://helpdesksuites.com/2019/08/15/california-on-duty-meal-periods/): Hey Compliance Warriors! If you’re in California, here’s a great article breaking down the guidelines for on-duty meal periods. Read on…
- [Can an employee be terminated for going on vacation when taking leave under the Family and Medical Leave Act?](https://helpdesksuites.com/2019/08/15/can-an-employee-be-terminated-for-going-on-vacation-when-taking-leave-under-the-family-and-medical-leave-act/): Can an employee be terminated for going on vacation when taking leave under the Family and Medical Leave Act? Maybe not. Earlier this year, the Massachusetts Supreme Judicial Court found that an employee could not terminated for going on vacation when taking leave under the Family and Medical Leave Act.  In that case, the plaintiff, Richard DaPrato, former information technology manager for the Massachusetts Water Resources Authority (“MWRA”), took FMLA leave following a foot surgery. In January 2015, DePrato told his employer he would need surgery on his foot. DaPratro applied for FMLA leave and submitted a doctor’s note that he […]
- [SBS 27: Tips on Preventing Employee Termination From Becoming Workplace Violence](https://helpdesksuites.com/2019/08/14/125544/): Hey Compliance Warriors! Today we’re giving some tips on best practices when terminating someone to prevent confrontation. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription:     Lisa: Today we are talking about violence in the workplace.   Mason: You hear today that violence in the workplace is at all time high right now.   Lisa: Yeah. We see it in the news all the time, don’t we and it’s just so sad. And you think about where these shootings take place. Somebody was at work there. […]
- [Defining FMLA Misuse](https://helpdesksuites.com/2019/08/12/defining-fmla-misuse/): Hey Compliance Warriors! In this crazy world of HR classifying FMLA can be confusing at times.  Here’s an interesting court case where an employee was accused of FMLA fraud and terminated by the employer because he was at the beach during the leave. Read on to see how this pans out…
- [South Carolina Supreme Court Ruling On Common Law Marriage](https://helpdesksuites.com/2019/08/08/south-carolina-supreme-court-ruling-on-common-law-marriage/): Hey Compliance Warriors! As of July 24th, 2019 common law marriage was abolished in South Carolina. Here is some great information detailing this. Read on…
- [Dallas Paid Sick Leave Law Goes into Effect](https://helpdesksuites.com/2019/08/08/dallas-paid-sick-leave-law-goes-into-effect/): The Dallas Paid Sick Leave ordinance took effect August 1, 2019, requiring employers to provide workers with six to eight paid sick days a year, depending on employer size. Businesses in north Texas, however, filed a lawsuit two days before the effective date asking a federal judge to halt the new law. The law requires employers to provide paid sick leave to any employee who works in the City of Dallas for at least 80 hours in a single year. It does not matter where the business is located or how many employees the company has. Instead, any employee who works […]
- [SBS 226: Tips for Surviving a Bad Boss](https://helpdesksuites.com/2019/08/07/sbs-26-tips-for-surviving-a-bad-boss/): Hey Compliance Warriors! We’re back! This week on the show we’re talking 5 tips on surviving a bad boss. How to maintain a cool head, your confidence, and your position in the work place when dealing with a difficult person. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: We have come back from summer hiatus.   Mason: It’s been fun summer, but it’s time to get back to work, right?   Lisa: It really is. We have had a lot of fun this summer. We’ve been […]
- [New York Looking To Pass Liens Against Employers Law For Unpaid Wages](https://helpdesksuites.com/2019/08/06/new-york-looking-to-pass-liens-against-employers-law-for-unpaid-wages/): Hey Compliance Warriors! This could have big implications for companies and executives if it’s passed. Read on…
- [Breaking Down the Arbitration Section of Your Employee Handbook](https://helpdesksuites.com/2019/08/05/breaking-down-the-arbitration-section-of-your-employee-handbook/): Hey Compliance Warriors! Here’s some great information to help employers understand what this really means. Read on…
- [States Are Getting More Involved in the Business of Non-Competes](https://helpdesksuites.com/2019/08/02/states-are-getting-more-involved-in-the-business-of-non-competes/): This week, we discuss an example of a recent, and growing, trend where state governments are getting involved in how employers utilize non-compete agreements. Recently, Maine, New Hampshire, Rhode Island, and the state of Washington have passed regulations that restrict employers’ abilities use non-compete agreements. Most recently, on June 28, 2019, the state of Maine enacted a law that significantly limits Maine employer’s use of non-competition agreements. The law, titled The Act to Promote Keeping Workers in Maine will become effective September 18, 2019. In summary, the new Act provides the following: Employers cannot require employees to agree to non-competition agreements […]
- [5 Tips on Employee Reimbursements in CA](https://helpdesksuites.com/2019/08/01/5-tips-on-employee-reimbursements-in-ca/): Hey Compliance Warriors! Employee reimbursements  can be tricky to navigate sometimes. If you’re in CA, here are 5 things to think about to help you navigate this. Read on…
- [Chicago "Fair Workweek" Ordinance Breakdown](https://helpdesksuites.com/2019/07/30/chicago-fair-workweek-ordinance-breakdown/): Hey Compliance Warriors, Last week Chicago city counsel passed the fair workweek ordinance going into effect July 1, 2020. Here’s some information on what this is going to entail. read on…
- [PA Supreme Court Revives Paid Sick Law For Pittsburg](https://helpdesksuites.com/2019/07/29/pa-supreme-court-revives-paid-sick-law-for-pittsburg/): Hey Compliance Warriors! After four years the this law is considered valid in Pittsburg. Here’s the history on what has happened and a couple answers to questions employers may have. Read on…
- [Update: California Employment Law](https://helpdesksuites.com/2019/07/25/update-california-employment-law/): Hey Compliance Warriors! Here’s some updates on different things going on in California employment law. Read on…
- [New Jersey Medical Marijuana Law Changes](https://helpdesksuites.com/2019/07/24/new-jersey-medical-marijuana-law-changes/): Hey Compliance Warriors! The laws for medical marijuana in New Jersey have greatly expanded. Here’s a breakdown of what’s going on. Read on…
- [Texas Has a New Law on Unemployment Insurance and Gig Workers](https://helpdesksuites.com/2019/07/24/texas-has-a-new-law-on-unemployment-insurance-and-gig-workers/): According to some reports, in 2018, the US economy included up to 53 million “gig” workers.[1] Of those 53 million, the report estimates that 10.1 million were assigned as temporary workers by staffing firms, and 7.9 million were “human cloud workers,” which may be better described as workers utilizing online digital platforms to obtain business and provide services to third parties. The issue of whether these human cloud workers, utilizing online digital platforms, are employees or independent contractors has already been subject to much debate and litigation. In the growing gig economy, questions surrounding these issues can create uncertainty for both […]
- [Breaking News! DOL Releases New Opinion Letter](https://helpdesksuites.com/2019/07/23/breaking-news-dol-releases-new-opinion-letter/): Hey Compliance Warriors! The Department of Labor has released a new opinion letter regarding compliance issues related to the FLSA. Read on for the details…
- [Cases Involving Religious Institutions in 2019](https://helpdesksuites.com/2019/07/17/cases-involving-religious-institutions-in-2019/): Hey Compliance Warriors! Here’s some examples of different things that have gone on in different churches regarding employment law and more. Read on…
- [The CROWN Act](https://helpdesksuites.com/2019/07/17/the-crown-act/): Within the past three weeks, both California and New York have passed laws prohibiting employers from discriminating based upon hairstyle.  Governor Newsom signed California’s “CROWN Act” (Create a Respectful and Open Workplace for Natural Hair) on July 3, 2019, making California the first state to ban discrimination against natural hair, including afros, braids, twists, and locks.  The law amends the state’s Education and Government Codes to define “race or ethnicity” as “inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” It takes effect on January 1, 2020. Introduced by Sen. Holly Mitchell, the […]
- [Importance of Accurate Documents](https://helpdesksuites.com/2019/07/16/importance-of-accurate-documents/): Hey Compliance Warriors! Documentation is very important in any organization. Whats more important though is having accurate documentation. Here’s are three pitfalls you can avoid to help your organization keep great records! Read on..
- [Maine Is Now Requiring Time Off For Veterans Seeking Medical Attention](https://helpdesksuites.com/2019/07/15/maine-is-now-requiring-time-off-for-veterans-seeking-medical-attention/): Hey Compliance Warriors! This new law requiring employers to provide veterans time off seeking medical attention at VA facilities will go into effect this September. Here’s a short article detailing how this came about. Read on…
- [Appeals Court Finds Employer Can Revoke Reasonable Accommodation Under ADA Post-Merger](https://helpdesksuites.com/2019/07/14/appeals-court-finds-employer-can-revoke-reasonable-accommodation-under-ada-post-merger/):   This week, the Seventh Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin), ruled that Dallas based American Airlines could rescind a reasonable accommodation that included a “Work from Home Arrangement” for an employee with multiple sclerosis based on a the Company’s determination that the essential job functions of her position changed following the company’s merger with US Airways. The Seventh Circuit held that she was not a qualified individual because she could not perform the essential functions of the post-merger job. According to court documents, Kimberly Bilinsky worked at American for more than 20 years, starting in 1991. […]
- [Lacrosse Officials Now Considered Independent Contractors in PA](https://helpdesksuites.com/2019/07/11/lacrosse-officials-now-considered-independent-contractors-in-pa/): Hey Compliance Warriors! This is an interesting ruling for lacrosse officials. Read on to see how this decision came about….
- [How The Legalization of Marijuana in Illinois Could Affect Employers](https://helpdesksuites.com/2019/07/10/how-the-legalization-of-marijuana-in-illinois-could-affect-employers/): Hey Compliance Warriors! On January 1st, 2020 marijuana will be legalized in Illinois. Here’s some guidelines employers may want to consider. Read on…
- [Coming Soon: New York Salary History Ban](https://helpdesksuites.com/2019/07/09/coming-soon-new-york-salary-history-ban/): Hey Compliance Warriors! New York will be enacting their salary history ban soon and here’s a breakdown of what you need to know. Read on…
- [2019 Legal Developments in New York and New Jersey](https://helpdesksuites.com/2019/07/08/2019-legal-developments-in-new-york-and-new-jersey/): Hey Compliance Warriors! Here’s an update for New York and New Jersey on legal changes that will affect private employers this year. Read on..
- [Supreme Court Expands FOIA Confidentiality Protections for Private Companies](https://helpdesksuites.com/2019/07/02/supreme-court-expands-foia-confidentiality-protections-for-private-companies/): In Food Marketing Institute v. Argus Leader Media, the U.S. Supreme Court held that government agencies can withhold a private company’s records from public disclosure under Exemption 4 of the Freedom of Information Act (“FOIA”) if the company has treated the information as confidential and also received promises from the government agency to maintain the information’s confidentiality. The Court’s decision overturned the definition of confidential established over forty years ago in Nat’l Parks & Conservation Ass’n v. Morton. Exemption 4 of the FOIA protects “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.”  According to the […]
- [Texas Moving Toward Paid Sick Leave](https://helpdesksuites.com/2019/07/01/texas-moving-toward-paid-sick-leave/): Hey Compliance Warriors! Dallas and San Antonio are looking to providing paid sick leave to their employees. Here’s a breakdown of what’s going on. Read on…
- [Washington Minimum Wage To Increase](https://helpdesksuites.com/2019/06/28/washington-minimum-wage-to-increase/): Hey Compliance Warriors! Here some quick information about the incoming minimum wage increase in July. Read on…
- [Information on the Growing Trend Towards Unlimited PTO](https://helpdesksuites.com/2019/06/27/information-on-the-growing-trend-towards-unlimited-pto/): Hey Compliance Warriors! If you are thinking about implementing an unlimited paid time off policy here’s some pros and cons to consider. Read on…
- [SBS 225: HR Liability: Even When Outsourced](https://helpdesksuites.com/2019/06/27/sbs-25-hr-liability-even-when-outsourced/): Hey Compliance Warriors! Today we discuss an employer liability when outsourcing tasks using a case study! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome to another episode of small business spoonful’s. I’m Lisa Smith Mason: and I’m Mason Merrell. Lisa: And today we are talking about the dangers of thinking just because you outsource an HR function, you’re off the hook. Mason: Yup, that’s right. So, we have kind of a case study, but do you want to kind of preface this for us Lisa: […]
- [Breaking News! New York State Expands Its Workplace Harassment Laws](https://helpdesksuites.com/2019/06/25/breaking-news-new-york-state-expands-its-workplace-harassment-laws/): Hey Compliance Warriors! New York State has once again expanded their anti-discrimination and anti-harassment laws. Read on for the breakdown as to whats going on…
- [Component 2 Data Due to the EEOC By September 30, 2019](https://helpdesksuites.com/2019/06/25/component-2-data-due-to-the-eeoc-by-september-30-2019/): Businesses with at least 100 employees and federal contractors with at least 50 employees and a contract of $50,000 or more with the federal government must annually file their EEO-1 report with the EEOC. The EEO-1 form was revised during President Barack Obama’s administration to require employers to report pay information from workers’ W-2 forms by race, ethnicity and sex. In February 2016, the EEOC expanded the scope of the EEO-1 Reports that are submitted by employers to require information about employees’ W-2 earnings and hours worked within 12 pay bands (“Component 2 Data”). The purpose of seeking this data was […]
- [Court Case on Discriminatory Parental Leave Policy](https://helpdesksuites.com/2019/06/24/court-case-on-discriminatory-parental-leave-policy/): Hey Compliance Warriors! We all know that historically that mothers usually get paid maternity leave. However what about the fathers? Well, read on to find out what happened when J.P. Morgan’s policy denied fathers equal treatment…
- [Nevada's Minimum Wage](https://helpdesksuites.com/2019/06/21/nevadas-minimum-wage/): Hey Compliance Warriors! Nevada has been continuing in their efforts to increase minimum wage. Here’s  a bit of the history and here’s what’s happening now. Read on…
- [Employment Law Update for July 2019](https://helpdesksuites.com/2019/06/20/employment-law-update-for-july-2019/): Hey Compliance Warriors! Here’s a state by state update update of what’s happening with employment law. Read on…
- [SBS 224: FMLA Intermittent Leave Abuse](https://helpdesksuites.com/2019/06/19/sbs-24-fmla-intermittent-leave-abuse/): Hey Compliance Warriors! We’re talking FMLA again this week. This time discussing 8 tips when dealing with intermittent leave abuse. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription:   Lisa: Today we are talking about intermittent FMLA abuse.   Mason: Oh yeah. This can be a common thing that happens in the workplace. So, we’re Gonna kind of talk about some tips that you can take if you’re going through this process.   Lisa: Yeah, absolutely. And so just kind of to start out, just so that […]
- [Bill to Legalize Hemp Passed in Texas](https://helpdesksuites.com/2019/06/18/bill-to-legalize-hemp-passed-in-texas/): On Monday, June 10, 2019, Governor Greg Abbott signed a new law that officially separates marijuana and cannabidiol, or CBD products, in the State of Texas. While CBD products have been available in Texas for some time, those products that contained even trace amounts of THC were technically illegal. Now, as long as a CBD product contains less than .3 percent THC, and meet labeling and quality standards, they will be legal in Texas. The law went into effect immediately. The Lone Star States’ move to legalize hemp followed the federal government’s decision to remove hemp from its list of controlled […]
- [Update! Massachusetts Paid Family and Medical Leave Delayed](https://helpdesksuites.com/2019/06/18/update-massachusetts-paid-family-and-medical-leave-delayed/): Hey Compliance Warriors! There’s been some new developments in the new Paid Family and Medical Leave law effective date for Massachusetts.
- [Health and Human Services Posts Final Rule Pertaining To Conscientious Objection](https://helpdesksuites.com/2019/06/17/health-and-human-services-posts-final-rule-pertaining-to-conscientious-objection/): Hey Compliance Warriors! Here’s the breakdown on this final rule. Read on…
- [Complying with Massachusetts Upcoming Paid Leave Law](https://helpdesksuites.com/2019/06/14/complying-with-massachusetts-upcoming-paid-leave-law/): Hey Compliance Warriors! The deadline for the new paid Family Medical Leave Law in Massachusetts is fast approaching. Here’s some great information on how to prepare your organization. Read on…  
- [Maine's New Paid Leave Law](https://helpdesksuites.com/2019/06/13/maines-new-paid-leave-law/): Hey Compliance Warriors! Maine has signed in a new paid leave law. So  here’s a good Q&A covering when it goes into effect and what it’s going to entail. Read on…
- [Dallas and San Antonio’s Paid Sick Leave Ordinances Take Effect August 1, 2019](https://helpdesksuites.com/2019/06/11/dallas-and-san-antonios-paid-sick-leave-ordinances-take-effect-august-1-2019/): Following in Austin’s footsteps, the cities of Dallas and San Antonio have implemented paid sick leave ordinances. During its regular session, the Texas Legislature failed to pass a law preempting the type of paid sick leave ordinances set to go into effect.  The city of Austin, Texas enacted its paid sick leave ordinance as of October 1, 2018.  The ordinance was challenged in court and the Austin-based Texas Third Court of Appeals enjoined the ordinance, reasoning that it is preempted by the Texas Minimum Wage Act. The appellate court’s ruling is currently on appeal to the Texas Supreme Court, and the Texas Supreme […]
- [Salary History Banned in Kansas City](https://helpdesksuites.com/2019/06/11/salary-history-banned-in-kansas-city/): Hey Compliance Warriors! Kansas City Counsel has officially banned employers from asking about salary history in job applications. Read on for the details about this…
- [Minimum Wage, Tip, and Overtime Updates](https://helpdesksuites.com/2019/06/07/minimum-wage-tip-and-overtime-updates/): Hey Compliance Warriors! Here’s some information regarding minimum wage increases by state that will go into effect starting July 1st, 2019. Read on…
- [How Can You Protect Your Employees From The Measles Outbreak](https://helpdesksuites.com/2019/06/06/how-can-you-protect-your-employees-from-the-measles-outbreak/): Hey Compliance Warriors! With the recent outbreak of measles in the U.S. here are a few steps employers can take to protect their company. Read on…
- [SBS 223: The FMLA Bermuda Triangle](https://helpdesksuites.com/2019/06/05/sbs-23-the-fmla-bermuda-triangle/): Hey Compliance Warriors! Todays were talking the Bermuda Triangle of the FMLA! When three laws intersect. Lisa gives some great tips on hopefully how to fly out in tact. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome to another episode of Small Business Spin Falls. I’m Lisa Smith Mason: and I’m Mason Merrell. Lisa: Today we’re talking about the FMLA. Mason: This one sounds fun. Lisa: Yeah, it’s actually going to be sort of a scary one because this was a situation that a member […]
- [SCOTUS Ruling Weakens and Employer's Defense](https://helpdesksuites.com/2019/06/04/scotus-ruling-weakens-and-employers-defense/): Breaking News! On June 3, 2019, in a 9-0 opinion written by Justice Ruth Bader Ginsburg, the Supreme Court of the United States court rejected a claim from Fort Bend County, Texas making it easier for employees to bring claims against employers after they have been routed through the EEOC.   The case is Fort Bend County v. Davis, case number 18-525, before the Supreme Court of the United States. In Davis, Lois M. Davis worked in information technology for Fort Bend County. In 2010, she informed Fort Bend’s human resources department that the director of information technology was sexually harassing her. […]
- [Legislation Update for Colorado](https://helpdesksuites.com/2019/06/04/legislation-update-for-colorado/): Hey Compliance Warriors! With new elections come new legislation. Here’s an update for Colorado. Read on…
- [FY 2020 H-1B Cap Subject Petitions](https://helpdesksuites.com/2019/06/03/fy-2020-h-1b-cap-subject-petitions/): Hey Compliance Warriors! Check out the information below regarding this. Read on…
- [Court Holds Request for Reasonable Accommodations is not Protected Activity](https://helpdesksuites.com/2019/05/28/is-abortion-covered-under-the-pregnancy-discrimination-act-2/): This post is a little technical, so apologies in advance. In Texas Department of Transportation v. Lara (a decision delivered on May 9, 2019) Albert Lara, Jr., sued the Texas Department of Transportation for terminating his employment after he took extended leave to recover from surgery. After twenty years of employment with the Department, Lara took extended leave related to gastrointestinal distress.  When the Department advised Lara that he had exhausted all leave available to him, Lara made several requests to extend his unpaid leave of absence.  Some requests were granted but subsequent requests were eventually denied. Lara then requested accommodation […]
- [Updates Regarding Rule Making By WHD](https://helpdesksuites.com/2019/05/22/updates-regarding-rule-making-by-whd/): Hey Compliance Warriors! Here’s a quick update on some proposed rules regarding White Collar Exemption Salary Level, Regular Rate of Pay, and Joint Employment. Read on…
- [Supreme Courts Stance On Requested Religious Accommodations](https://helpdesksuites.com/2019/05/21/supreme-courts-stance-on-requested-religious-accommodations/): Hey Compliance Warriors! When it comes to religious accommodations sometimes it can be a hardship on the company if a replacement for a certain day or shift is not available. Here’s an example that went all the way to the Supreme Court. Read on…
- [Is Abortion Covered Under the Pregnancy Discrimination Act?](https://helpdesksuites.com/2019/05/21/is-abortion-covered-under-the-pregnancy-discrimination-act/): With the recent news out of Alabama of the “Alabama Human Life Protection Act,” it is timely to look at how abortions may relate to the workplace. You may have heard about the Pregnancy Discrimination Act (“PDA”) before, but did you know that it extends to much more than “pregnancy”? In fact, the PDA prohibits adverse employment actions “because of or on the basis of pregnancy, childbirth, or related medical conditions.” Because of this language, the PDA has broadly been construed to protect various aspects of pregnancy and pregnancy-related medical conditions. But the question here today is, does the PDA’s coverage extend […]
- [Sexual Harassment Training: What Not To Do](https://helpdesksuites.com/2019/05/20/sexual-harassment-training-what-not-to-do/): Heyy Compliance Warriors! Sexual Harassment training is important for every organization these days. However, here’s a bizarre example of what not to do during this training. Read on…
- [Wage and Hour Employment Law Update for Maryland, Virginia, and D.C.](https://helpdesksuites.com/2019/05/16/wage-and-hour-employment-law-update-for-maryland-virginia-and-d-c/): Hey Compliance Warriors! Here’s some great information clarifying wage and hour employment laws for Maryland, Virginia, and D.C. It also discusses what’s going into effect for these states over the next few years. Read on…
- [SBS 222: Policy Change Protocol](https://helpdesksuites.com/2019/05/15/sbs-22-poliy-change-protocol/): Hey Compliance Warriors! Today on the podcast we’re talking policy changes! We gives some good practice tips when changing policies and also talk about a case study about a poorly handled situation when a policy was changed! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome to another edition of small business spoonfuls. I’m Lisa Smith, Mason: And I’m Mason Merrell. Lisa: And today we’re talking about trips and falls that you can experience with your policy changes. Mason: Yup. This can be a sticky situation. […]
- [Off Duty Medical Marijuana Accommodation Warning Tale](https://helpdesksuites.com/2019/05/14/off-duty-medical-marijuana-accommodation-warning-tale/): Hey Compliance Warriors! Here’s a warning tale of an employer who wasn’t accommodating to an employee with a disability. Sadly it came with big legal implications. Read on…
- [Pregnancy Accommodation in Connecticut](https://helpdesksuites.com/2019/05/13/pregnancy-accommodation-in-connecticut/): Hey Compliance Warriors! If you’re in Connecticut, as of April 23, 2019 there’s been some new guidance issued on how to accommodate pregnant women in the workplace. Read on…
- [SBS 221: Workers' Comp Hot Tips!](https://helpdesksuites.com/2019/05/09/sbs-21-worker-comp-hot-tips/): Hey Compliance Warriors! On today’s episode we talk Workers’ Comp! We give some tips on how to lower your premiums and best practices in using it. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Today we’re talking about some hot tips for reducing your worker’s comp premiums.   Mason: Yup, that’s right. So, what exactly is workers’ comp? Just to clear that up.   Lisa: Worker’s comp is that no fault insurance, right That we carry on all our workers. People think no fault. What does […]
- [Information on CBD in the Workplace](https://helpdesksuites.com/2019/05/08/information-on-cbd-in-the-workplace/): Hey Compliance Warriors! With the increase of people using CBD oils and supplements, here’s a breakdown of what CBD is and how it might or might now affect your employees. Read on…
- [Three Tips for Dealership Employers Amidst The Latest ADA Court Ruling](https://helpdesksuites.com/2019/05/07/three-tips-for-dealership-employers-amidst-the-latest-ada-court-ruling/): Hey Compliance Warriors! Here are three things employers need to know when it comes to being compliant with ADA. Read on…
- [12 Steps to Help Prevent Workplace Violence](https://helpdesksuites.com/2019/05/06/12-steps-to-help-prevent-workplace-violence/): Hey Compliance Warriors! Workplace violence can be a tricky thing to navigate when it comes to OSHA. Especially in the medical field where this is more prominent. Here’s 12 steps to help you navigate OSHA’s guidelines. Read on…
- [CAL/OSHA's Plan For Wildfire Air Quality Protection](https://helpdesksuites.com/2019/05/03/cal-oshas-plan-for-wildfire-air-quality-protection/): Hey Compliance Warriors! With all the wildfires in California, CAL/OSHA has proposed an emergency plan for employee protection against wildfire smoke. Read on for the details…
- [Report Pay Data Deadline Set For Employers Covered By EEO-1](https://helpdesksuites.com/2019/05/02/report-pay-data-deadline-set-for-employers-covered-by-eeo-1/): Hey Compliance Warriors! If you’re an employer that is covered by EEO-1, on April 25th, 2019 is was ruled that employers must submit their pay data by September 30th, 2019. Read on for the details…
- [SBS 220: FMLA Requests: What Do They Sound Like?](https://helpdesksuites.com/2019/05/01/sbs-20-fmla-requests-what-do-they-sound-like/): Hey Compliance Warriors! In this episode, we discuss FMLA requests. How much information is required to qualify? We also discuss a case study! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcript: Lisa: Welcome back to another edition of small business spoonful’s. I’m Lisa Smith Mason: ..and I’m Mason Merrell. Lisa: This time we’re talking about FMLA Mason: That is right. We get a lot of FMLA questions. Lisa: Yeah, we do. And one of the biggest questions is: “My employee has been gone for this reason or […]
- [Cautionary Tale of Not Keeping Good Records of Correspondence With the IRS](https://helpdesksuites.com/2019/04/30/cautionary-tale-of-not-keeping-good-records-of-correspondence-with-the-irs/): Hey Compliance Warriors! Keeping good records is always important. However, it’s especially important when corresponding through mail with the IRS. Here is why. Read on…
- [Sick Leave Notices and FAQs in Westchester County, NY](https://helpdesksuites.com/2019/04/29/sick-leave-notices-and-faqs-in-westchester-county-ny/): Hey Compliance Warriors! The sick leave laws for Westchester County, NY have gone into effect. If your an employer in Westchester county here’s a brief run down of your responsibilities to notice your employees. Read on….
- [COBRA Compliance](https://helpdesksuites.com/2019/04/25/cobra-compliance/): Hey Compliance Warriors! COBRA noncompliance can really cost your company. Here’s some information on what’s required. Read on…
- [SBS 219: 10 Things Your CEO Won't Tell You](https://helpdesksuites.com/2019/04/24/123774/): Hey Compliance Warriors! In this episode we review 10 things you can be prepared for in some cases that your CEO won’t be telling you outright! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome back to another edition of small business spoonful’s. I’m Lisa Smith Mason :..and I Mason Merrell. Lisa: And today we have a really cool article that I came across in business management daily. Mason: Yep. It is secrets of a CEO: 10 things HR needs to know. Lisa: Yeah. And so […]
- [Non Competition Agreement Compliance](https://helpdesksuites.com/2019/04/23/non-competition-agreement-compliance/): Hey Compliance Warriors! Here are some great questions to ask yourself when making sure your non-competition agreements are compliant. Read on…
- [Common FMLA Mistake](https://helpdesksuites.com/2019/04/22/common-fmla-mistake/): Hey Compliance Warriors! Here’s an interesting take on a common FMLA mistake: Not accounting for which states that have FMLA state laws and which don’t. Read on…
- [Laws on Termination in Connecticut](https://helpdesksuites.com/2019/04/17/laws-on-termination-in-connecticut/): Hey Compliance Warriors! Here’s some great information on termination laws in Connecticut. Read on…
- [SBS 218: Termination Checklist](https://helpdesksuites.com/2019/04/17/sbs-218-termination-checklist/): Hey Compliance Warriors! In our latest show we talk termination. We go over a checklist so you can make sure you don’t end up with a  court case on your hands for terminating an employee. If you’re already a member make sure you’re signed in and go HERE to get your termination checklist! If your not a member you can sign up to receive it via email HERE. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome back to small business spoonful’s. I’m Lisa Smith Mason: I’m […]
- [April Legislative Update](https://helpdesksuites.com/2019/04/12/april-legislative-update/): Hey Compliance Warriors! The April legislative showers are now in full effect! Here’s an update on what’s happening. Read on…
- [Updates on Minimum Wage, Tip and Overtime](https://helpdesksuites.com/2019/04/11/updates-on-minimum-wage-tip-and-overtime/): Hey Compliance Warriors! Here’s some great information as to what’s developed in the world of Minimum wage, tip and overtime since March. Read on…
- [Deadline Proposed By EEOC for submission of EEO-1](https://helpdesksuites.com/2019/04/10/deadline-proposed-by-eeoc-for-submission-of-eeo-1/): Hey Compliance Warriors! The EEOC has proposed a deadline of 9/30/2019 for employers to submit their EEO-1. So employers should definitely start gathering their compensation information from 2018 if they haven’t already done so. Read on…
- [Big Help For the Home Help Industry in New York](https://helpdesksuites.com/2019/04/09/big-help-for-the-home-help-industry-in-new-york/): Hey Compliance Warriors! Big decision came down last month for the home care industry in New York. Read on for the details…
- [U.S. DEPARTMENT OF LABOR ISSUES PROPOSAL TO UPDATE REGULAR RATE REGULATIONS](https://helpdesksuites.com/2019/04/08/u-s-department-of-labor-issues-proposal-to-update-regular-rate-regulations/): Hey Compliance Warriors, The U.S. Department of Labor today announced a proposed rule to clarify and update the regulations governing regular rate requirements for the first time in more than 50 years. Read on…
- [When Workplace Harassment Is Not About Sex](https://helpdesksuites.com/2019/04/05/when-workplace-harassment-is-not-about-sex/): Hey Compliance Warriors, Sadly, there are a lot of cases in the workplace about Sexual  harassment this day and age. However, there are other cases where harassment is not considered sexual. Here’s an example….
- [Training Requirements in NYC](https://helpdesksuites.com/2019/04/04/training-requirements-in-nyc/): Hey Compliance Warriors! If you’re a New York City employer you have two sets of training requirements to follow. Yes, you read that correctly TWO sets of training requirements! Read on…
- [SBS 217: Importance of Proper Employee On-Boarding](https://helpdesksuites.com/2019/04/03/sbs-217-importance-of-proper-employee-on-boarding/): Hey Compliance Warriors! Today we discuss the process of successful Employee on-boarding. We also give some tips on what you can do to make the process efficient. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! TRANSCRIPTION: Introduction: Small business Q and a with Lisa Smith and Mason Merrell providing the answers to questions you have about running your small business. This podcast is sponsored by HelpDeskSuites.com. You are a busy employer, we are your employment law compliance Help Desk visit HelpDeskSuites.com to find out more and become a […]
- [Update: Department of Labor Announced Notice of Proposed Rulemaking: "Joint Employer Status Under FLSA"](https://helpdesksuites.com/2019/04/02/update-department-of-labor-announced-notice-of-proposed-rulemaking-joint-employer-status-under-flsa/): Hey Compliance Warriors! Here’s an Update from the DOL on Joint Employer Status under the FLSA. Read on…
- [OSHA Citing General Contractors for Safety Violations Endangering Subcontractors or Other Non-Employees](https://helpdesksuites.com/2019/04/01/osha-citing-general-contractors-for-safety-violations-endangering-subcontractors-or-other-non-employees/): Hey Compliance Warriors! If you’re a general contractor it’s important to make sure your worksites are safe. Here’s some great information as to what OSHA is looking for in an inspection. Read on…
- [Update: DOL's Proposal to Update the FLSA’s Regular Rate Regulations](https://helpdesksuites.com/2019/03/29/update-dols-proposal-to-update-the-flsas-regular-rate-regulations/): Hey Compliance Warriors! Here’s a quick update from the Wage and Hour Division of the D.O.L. on the FLSA regular rate regulations. Read on…
- [Installation Contractor of White Sox Stadium Roof May Be Liable For Injury](https://helpdesksuites.com/2019/03/28/installation-contractor-of-white-sox-stadium-roof-may-be-liable-for-injury/): Hey Compliance Warriors! Take look at this case regarding a maintenance worker at the White Sox stadium suing a roofing general contractor for injuries due to a fall. Read on…
- [Takeaway's From An Old Supervisor Manual From the 1940s](https://helpdesksuites.com/2019/03/27/takeaways-from-an-old-supervisor-manual-from-the-1940s/): Hey Compliance Warriors! This is an interesting article. An old supervisor manual was recently discovered from back in the days of world war II. The HR training provided can be interpreted as horribly sexist because at that time it was aimed solely on how to deal with women entering the workforce. However if this advice is applied to everyone in this day and age it can be very helpful. Read on…
- [SBS 216: Document Your Discipline](https://helpdesksuites.com/2019/03/27/document-you-discipline/): Hey Compliance Warriors! Today we have a short episode as we discuss a court case on discrimination in the workplace. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! TRANSCRIPTION: Introduction: Small business spoonful’s is a weekly Q and a with Lisa Smith and Mason Merrell providing the answers to questions you have about running your small business. This podcast is sponsored by H .com you are a busy employer. We are your employment law compliance desk visit, help sweets.com to find out more and become a member. Now here’s […]
- [New Jersey's Ban On Non-Disclosure](https://helpdesksuites.com/2019/03/26/new-jerseys-ban-on-non-disclosure/): Hey Compliance Warriors! New Jersey has enacted their ban on non-disclosure provisions  when is comes to settlement agreements that address discrimination, retaliation and harassment claims. Read on for more information…
- [Video: Update on the Department of Labor's Proposed Overtime Rule](https://helpdesksuites.com/2019/03/22/update-on-the-department-of-labors-proposed-overtime-rule/): Hey Compliance Warriors! We’ve been keeping a close eye on the DOL’s new proposed overtime rule. So here’s a quick video update as to the latest happenings…
- [Is Wisconsin Getting Medical Marijuana?](https://helpdesksuites.com/2019/03/22/is-wisconsin-getting-medical-marijuana/): Hey Compliance Warriors! Wisconsin employers may be surprised by the number of the employment-related items in their new budget proposal.  Medical MJ is only one of the proposed changes to WI law. Read on… By Michael Gotzler on March 11, 2019 Wisconsin employers reviewing Governor Tony Evers’ very first budget proposal may be surprised by the number of the employment-related items.  The substance of those proposals may also catch employers by surprise, with some observers viewing the Evers budget as an effort to erase the employer-friendly legacy of the former governor, Scott Walker.  Presented to the state legislature on February 28, 2019, the Evers […]
- [Proposed Overtime Rule: 10 Common Questions](https://helpdesksuites.com/2019/03/21/proposed-overtime-rule-10-common-questions/): Hey Compliance Warriors! Check out these FAQs by a prominent employment law attorney. She is answering 10 common questions about the new overtime proposed rule. Read on… What if an exempt employee should be reclassified as non-exempt? How do I reduce the risks of doing so? You can reduce your risk by reclassifying in connection with the date set by DOL for compliance with the increased minimum salary level.  Participating in DOL’s PAID program is also an option for reducing liability, as the employer will pay two years of back wages, but not the third year of back wages or the double liquidated […]
- [SBS 215: Religious Accommodation](https://helpdesksuites.com/2019/03/20/religious-accomodation/): Hey Compliance Warriors! Today we discuss some cases on religious accommodation and give suggestions on what to do and also what not to do! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!
- [Sticking to the Essential Functions of the Job](https://helpdesksuites.com/2019/03/19/sticking-to-the-essential-functions-of-the-job/): Hey Compliance Warriors! Here is a court case about a pharmacist who was afraid of needles and refused to give flus shots. Was he fired? Read on… By Elizabeth Torphy-Donzella on March 13, 2019 According to Pharmajet Blog, a surprising number of pharmacists suffer from trypanophobia – the fear of giving injections, which most in their profession have to do these days during flu season. As Pharmajet notes, the Americans with Disabilities Act generally does not help the needle-phobic pharmacist because companies have a right to define the essential functions of a job. Consistent with this observation, the U.S. Court of Appeals for the Second Circuit in […]
- [Law To Eliminate Wage Gaps Upheld In Philadelphia](https://helpdesksuites.com/2020/03/02/law-to-eliminate-wage-gaps-upheld-in-philadelphia/): Hey Compliance Warriors! The city of Philadelphia has been going back and forth with this law. The ordinance was originally passed in Philidelphia to help combat, amongst other things, wage gaps for female employees. Even after multiple other cities have passed similar laws, appeals are still being made against it. Read on… Article Via: cozen.com “On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any aspect of hiring (the ordinance). See Greater Philadelphia Chamber of Commerce […]
- [How To Properly Terminate An Employee - Blog Series Pt.5](https://helpdesksuites.com/2020/02/28/how-to-properly-terminate-an-employee-blog-series-pt-5/): Hey Compliance Warriors! Welcome to part five of our blog series! We’ll get into the meat of the actual discussion you’ll need to have with an employee about to be terminated. The language you should use, the attitude with which to approach it, and if need be, the evidence you should have to support your decision. Tired of doing hours of research? With HelpDesk Deluxe Suite you will have all the tools you need with unmatched support. Or, simply ask us any questions and let us do the research for you! More info Part Five: The Correct Way to Fire an […]
- [California Supreme Court Gives New Ruling On Compensable Work Time](https://helpdesksuites.com/2020/02/28/california-supreme-court-gives-new-ruling-on-compensable-work-time/): Hey Compliance Warriors! An interesting ruling out of the California Supreme Court that expands on the definition of an employee’s time worked. This ruling may only cover one subject but it can be broadly applied to any employer that expects their employees to maintain responsibilities either before starting or going past their set work hours. Read on…                                            Article Via: hklaw.com                     Highlights The California Supreme Court has handed down yet another […]
- [How To Properly Terminate An Employee - Blog Series Pt.4](https://helpdesksuites.com/2020/02/27/how-to-properly-terminate-an-employee-blog-series-pt-4/): Hey Compliance Warriors! Today we’re continuing with part four in our series. This section is important because of the sensitivity of subject matter that can surround an employee’s termination, the attitude of the employee being terminated, or the people involved in the reason for termination. We will get into the hows and whys of important points that an employer may not have previously considered.   Part Four: Things to Consider When Setting Up the Termination Meeting    Firing an employee is never a pleasant experience – for the manager or the employee.  However, an effective termination meeting can help to (somewhat) diffuse […]
- [How To Properly Terminate An Employee - Blog Series Pt.3](https://helpdesksuites.com/2020/02/26/how-to-properly-terminate-an-employee-blog-series-pt-3/): Hey Compliance Warriors! Part 3 of our continuing series is Section 2 of Employees Who Should Be Terminated. In this part, we will give some additional examples of conduct that’s unbecoming of an employee.
- [Headphones On Construction Sites. What Does OSHA Say?](https://helpdesksuites.com/2020/02/26/headphones-on-construction-sites-what-does-osha-say/): Hey Compliance Warriors! This is a terrific article for anyone running a business in a noisy environment. The article points to construction sites, however, there are many different environments this guidance can be applied to. Read on… Article Via: fmglaw.com “In late 2019, OSHA released a letter of interpretation in response to employers’ questions regarding the rapidly increasing use of headphones on construction sites. The convenience, simplicity, and decrease in price of wireless headphones have made them wildly popular. Manufacturers and advertisers have taken advantage of that popularity to advertise wireless headphones as having features appealing to workers, such as volume-limiting […]
- [Employer Hit with Giant Fine Arising from Non-Employee Harassment](https://helpdesksuites.com/2020/02/26/employer-hit-with-giant-fine-arising-from-non-employee-harassment/): Recently, a jury in New Jersey ordered a large bank to pay a former employee $2.4 million in damages for allegedly failing to take effective action to protect her and other employees from a customer’s alleged sexual harassment and misconduct. According to her lawsuit, former wealth manager Damara Scott said she was leaving the bank lobby in October 2013 when the customer, Patrick Pignatello, allegedly followed her and made lewd sexual comments. After approaching her, Pignatello allegedly grabbed Scott and pressed himself against her without her consent. The lawsuit claims bank management knew Pignatello as he was was known to managers […]
- [How To Properly Terminate An Employee - Blog Series Pt.2](https://helpdesksuites.com/2020/02/25/how-to-properly-terminate-an-employee-blog-series-pt-2/): Hey Compliance Warriors! Having to fire an employee is never an easy task.  Sometimes, despite attempts of open communication and encouraging performance, an employee will need to be terminated from the company.  One of the hardest aspects of preparing to fire an employee is to separate the emotions from the facts.  Firing an employee should always be a last resort, so it is important that the manager has covered all other avenues possible before moving forward.
- [Wage and Hour Law Changes Coming Imminently For Private Colorado Employers](https://helpdesksuites.com/2020/02/25/wage-and-hour-law-changes-coming-imminently-for-private-colorado-employers/):        Hey Compliance Warriors! A huge change in Colorado’s wage and hour laws are going into effect less than one month from now. This will be a major shakeup for private employers who only have a short period of time to get on board in compliance of these new laws. Read on…            Article Via: employmentlawspotlight.com “Effective March 16, 2020, COMPS Order #36 (the Order), issued by the Colorado Department of Labor and Employment, will bring about sweeping changes to Colorado’s overtime and minimum pay standards (COMPS) impacting private employers. The Order will also succeed […]
- [How To Properly Terminate An Employee - Blog Series Pt.1](https://helpdesksuites.com/2020/02/24/how-to-properly-terminate-an-employee-blog-series-pt-1/): Hey Compliance Warriors! Welcome to a special ten-part series on employee termination. Letting go of an employee can often be a difficult process to take on from determining the cost-benefit of terminating an employee to documenting the deciding factors leading up to the termination. And of course, the laws can be different for these things depending on the state in which you live. This series will give you practical insight into what you need to know and the steps you need to take before terminating an employee.
- [All Independent Contractors Protected Under New Human Rights Law In NYC](https://helpdesksuites.com/2020/02/24/all-independent-contractors-protected-under-new-human-rights-law-in-nyc/): Hey Compliance Warriors! Having independent contractors in a workplace can be a tricky thing for any employer because it opens up a number of additional payroll and legal stipulations. The city of New York has taken steps to protect these independent contractors from any under-used or unestablished laws. Read on…           Article Via: jacksonlewis.com “The New York City Commission on Human Rights (NYCCHR) has released a factsheet providing guidance on its view of the scope of the anti-discrimination protections provided to individuals performing services as independent contractors and freelancers under the New York City Human Rights Law […]
- [PA Employer Sued for Wrongful Termination Of Medical Marijuana User](https://helpdesksuites.com/2020/02/21/pa-employer-sued-for-wrongful-termination-of-medical-marijuana-user/): Hey Compliance Warriors! Today we’re looking at a court case on the issue of Medical Marijuana. It seems that these types of situations are becoming more and more common with the use of medical marijuana becoming a popular alternative treatment as states legalize it. This case in PA is another that stands out as something employers really need to watch out for. Jumping the gun on terminating an employee for the use of medical marijuana. Read on…              Article Via: cozen.com “In a recent decision, a Pennsylvania county court ruled that the state’s Medical Marijuana Act […]
- [California Pushing For New IIPP Standards After Frequent Employer Citations](https://helpdesksuites.com/2020/02/19/california-pushing-for-new-iipp-standards-after-frequent-employer-citations/): Hey Compliance Warriors! If you aren’t familiar with what an IIPP is, it stands for Illness and Injury Protection Plan. A standard required document employers are to have and maintain in accordance with OSHA laws. The issue being faced is that many employers have not been maintaining this standard and because of that California is attempting to implement even stricter laws regarding the situation. Read on… Article Via: bdlaw.com “California’s Occupational Safety and Health Standards Board adopted a new safety rule on January 16, 2020, requiring employers to provide employees with access to their written Injury and Illness Prevention Plan (IIPP) within […]
- [Gender Reassignment Surgery, Title VII, And How The Two Are Linked](https://helpdesksuites.com/2020/02/18/gender-reassignment-surgery-title-vii-and-how-the-two-are-linked/): Hey Compliance Warriors! Recently, a court case was held in Arizona involving something employers need to be aware of. Transgender Surgery is becoming more and more common today and while it is something only a small portion of the population will have done, it is still something we all need to be sensitive to and aware of. Title Seven can lead to some very big court cases, including this one here.  Read On… Article Via: https://www.laborandemploymentlawcounsel.com/ “As we previously blogged, Plaintiff Russell Toomey, a transgendered male, filed suit in early 2019 against his employer, the State of Arizona, after the self-funded […]
- [Fifth Circuit Court of Appeals Provides Guidance on Reasonable Accommodations](https://helpdesksuites.com/2020/02/18/fifth-circuit-court-of-appeals-provides-guidance-on-reasonable-accommodations/): Brett Horvath was employed as a driver/pump operator by the City of Leander Fire Department (Leander is a city north of Austin, Texas). In 2016, the Fire Department began requiring TDAP vaccinations (TDAP is a combination vaccine that protects against three bacterial diseases: tetanus, diphtheria, and pertussis (whooping cough)). Horvath, an ordained Baptist minister, objected to the requirement on religious grounds. In response to his objection, the City provided two proposed accommodations: be  reassigned  to  the  position  of  code  enforcement  officer,  which  offered  the  same pay and benefits and did not require a vaccine, and the City would cover the cost […]
- [Maryland Overturns 2019 Veto of "Ban-the-Box" Law](https://helpdesksuites.com/2020/02/17/maryland-overturns-20198-veto-of-ban-the-box-law/): Hey Compliance Warriors! In an interesting turn of events, Maryland employers are no longer allowed to inquire into an applicant’s criminal history before their first in-person interview. Read on… Article Via: https://www.seyfarth.com/ “Coverage As noted, the Act applies to employers with 15 or more full-time employees. “Employment” is broadly defined to mean “any work for pay and any form of vocational or educational training, with or without pay.” The term broadly covers virtually all types of employment, including contractual, temporary, seasonal, and contingent workers and those employed through the services of a temporary or other type of employment agency.  Prohibitions Covered […]
- [Caronavirus Guide To Protect Your Employees](https://helpdesksuites.com/2020/02/14/caronavirus-guide-to-protect-your-employees/): Hey Compliance Warriors! With the coronavirus becoming more and more of an issue, California OSHA has put out some info to help the issue. Obviously this info is valuable to employers everywhere, though. Read on… Article Via: https://ogletree.com/ “The California Division of Occupational Safety and Health (Cal/OSHA) has released Interim Guidance for Protecting Health Care Workers from Exposure to 2019 Novel Coronavirus (2019-nCoV). This guidance pertains to “health care facilities, laboratories, public health services, police services and other locations where employees are reasonably anticipated to be exposed to confirmed or suspected cases of aerosol transmissible diseases.” Employers that have operations in any of these […]
- [Offensive Remarks By Employer Not Held as Racism During Discrimination Suit](https://helpdesksuites.com/2020/02/12/offensive-remarks-by-employer-not-held-as-racism-during-discrimination-suit/): Stray remarks, while “offensive,” did not show that Texas Children’s Hospital fired an employee based on race, the 5th U.S. Circuit Court of Appeals has ruled (Eaglin v. Texas Children’s Hospital, No. 19-20222 (5th Cir. Feb. 4, 2020)) [http://www.ca5.uscourts.gov/opinions/unpub/19/19-20222.0.pdf]. Plaintiffs Annette Williams and Victoria Eaglin—who are both black—worked for Texas Children’s Hospital (“TCH”) as Patient Access Representatives at the cardiology reception desk. Eaglin was fired after the hospital investigated an incident and concluded that she had clocked in for a co-worker who was not at work at the time. Eaglin filed a complaint with the EEOC and received a right to sue letter. […]
- [Genetic Testing And More Protected Under HIPAA](https://helpdesksuites.com/2020/02/12/genetic-testing-and-more-protected-under-hipaa/): Hey Compliance Warriors! There are some interesting designations here in regards to what “genetic information” really is, what it means and why it’s important for us to understand. Because of the many ways genetic testing is performed, we need to be aware of what employers are allowed to access. Read on…
- [New Requirement For Pittsburgh Employers To Provide Sick Leave](https://helpdesksuites.com/2020/02/11/new-requirement-to-provide-sick-leave-for-pittsburgh-employers/): Hey Compliance Warriors! A new law passed for Pittsburgh employers will require them, or any employer with an operation out of the city of Pittsburgh to provide sick leave for their employees. Read on… Article Via: https://www.lawandtheworkplace.com/ “Following a prolonged legal challenge brought by a group of Pittsburgh businesses, Pittsburgh’s paid sick leave ordinance will finally take effect on March 15, 2020. As we previously reported, in August 2015, the City of Pittsburgh passed the Paid Sick Days Act (the “Act”) which would have required most employers to provide their employees with paid sick leave to care for the employee’s or […]
- [Sweeping Updates Announced to Many States and Municipalities](https://helpdesksuites.com/2020/02/10/sweeping-updates-announced-to-many-states-and-municipalities/): Hey Compliance Warriors! We have had a super busy beginning to our 2020 employment law year. Of particular interest is a new attempt to legalize comp time in the private sector. Read On…
- [Courts Work To Determine Exempt Status For Claims Reviewer](https://helpdesksuites.com/2020/02/07/courts-work-to-determine-exempt-status-or-not-for-claims-reviewer/): Hey Compliance Warriors! Are insurance claims reviewers exempt or not? An interesting question with a surprising answer. Read On…
- [The Do's and Don'ts Of Having Voluntary Workers At Your Company](https://helpdesksuites.com/2020/02/05/the-dos-and-donts-of-having-voluntary-workers-at-your-company/): Hey Compliance Warriors! Having volunteer workers – or interns – can be a great benefit to both parties. But when does it go too far? Employers need to watch out for some missteps that they can take – sometimes without even realizing it – so they don’t violate any employment laws. Read On… Article Via: workplacelawandstrategy.com.au “The line between lawful and unlawful unpaid work is not always clear. Many companies are contacted by people offering to work on a voluntary basis.  It is often pitched as a “win-win” because the person is willing to work for free in exchange for experience […]
- [Safety Inspection Compromised When Company Notifies Employees Beforehand.](https://helpdesksuites.com/2020/02/04/safety-inspection-compromised-when-company-notifies-employees-beforehand/): Hey Compliance Warriors! We all want to have an advantage when it comes to making our business the best it can be. But if it only LOOKS like it’s the best on paper, then what does it cost us in the long run? Sometimes, like in this article, it can even cost us in the short-term. Read On… Article Via: https://www.fisherphillips.com/ “The Federal Mine Safety and Health Review Commission just concluded that an employer was being untruthful when it claimed that it did not provide advance warning to fellow workers about an imminent mine inspection, taking the extraordinary step of overturning […]
- [Chipotle Settles for $2 million dollars in child labor and unpaid wages violations.](https://helpdesksuites.com/2020/02/04/chipotle-settles-for-2-million-dollars-in-child-labor-and-unpaid-wages-violations/): Hey Compliance Warriors! This article is a friendly reminder to document all your employee’s hours worked, as well as making sure they get paid on time! And if you have any minors working for the business, make sure you’ve brushed up on all of your states labor laws regarding how many hours they’re allowed to work in a day or week. Read On… Article Via: https://www.stateagreport.com/ Massachusetts Attorney General Alleges Chipotle Served Up a Side Order of Wage and Hour Violations, Reaches $2 Million Settlement Massachusetts AG Maura Healey reached a settlement with casual dining restaurant chain Chipotle Mexican Grill, Inc. (“Chipotle”) […]
- [2020 I-9 ISSUED](https://helpdesksuites.com/2020/01/31/2020-i-9-issued/): Hey Compliance Warriors! The new I-9 is here!
- [Classifying Independent Contractors Is Becoming Stricter For New Jersey Employers](https://helpdesksuites.com/2020/01/31/classifying-independent-contractors-is-becoming-stricter-for-new-jersey-employers/): Hey Compliance Warriors! A large set of laws just signed into place by New Jersey Governor Murphy are shaking things up for employers. Because of an overwhelming amount of employers misclassifying their employees, The LWD are investigating businesses and enforcing these new laws, some of which have gone into immediate effect and some which will progressively. Read on… Article Via: https://www.seyfarth.com/ Continuing his push to make New Jersey one of the most employee-friendly jurisdictions in the nation, Governor Murphy signed several pieces of legislation on January 20, 2020 to combat perceived rampant worker misclassification in the Garden State.  As discussed in more detail […]
- [Fifth Circuit Again Defers to Arbitration Awards](https://helpdesksuites.com/2020/01/30/fifth-circuit-again-defers-to-arbitration-awards/): Recently, the Fifth Circuit Court of Appeals has once again show the stunning amount of deference that courts give to arbitration awards. In Kemper Corporate Servcs., Inc. v. Computer Sciences Corp., Kemper Corporate Services, Incorporated (“Kemper”), an insurance company, hired Computer Sciences Corporation (“CSC”), a software developer and technology-services company, to update its insurance software. The parties entered into a multi-year software-services contract, known as the “Exceed Agreement.” The Exceed Agreement contained provisions for arbitration, in that if the parties could not resolve a dispute through mediation, then the parties could submit the dispute to binding arbitration for a final determination. […]
- [PSA - The Chinese Coronavirus - How To Protect Your Employees](https://helpdesksuites.com/2020/01/29/psa-the-chinese-coronavirus-how-to-protect-your-employees/): Hey Compliance Warriors! A quick PSA post with helpful tips to keep us abreast of the growing Coronavirus outbreak. So far, not many people have been affected in the U.S. but it doesn’t take much to spread, and it can be very deadly. The following article will give some helpful tips and resources to keep you and your employees safe. Read On… Article Via: https://www.laborandemploymentlawcounsel.com/ Seyfarth Synopsis:  First American case reported of deadly new Chinese coronavirus. The Centers for Disease Control and Prevention (CDC) has indicated that it is closely monitoring an outbreak caused by a new 2019 Novel Coronavirus (2019-nCoV) (coronavirus) first identified […]
- [What HR Rules Employers Need To Know This Flu Season](https://helpdesksuites.com/2020/01/29/what-hr-standards-employers-need-to-know-this-flu-season/): Hey Compliance Warriors! With the various strains of flu that have been surfacing this season, it’s helpful for employers to know how to handle their employees if they’re sick. We don’t need an office shutdown, right? This article goes into what employers can and can’t do when it comes to their employees and the flu. Read on… Article Via: https://www.jdsupra.com/ With the outbreak of the corona virus dominating headlines, it is a great time to dust off the company policy on dealing with flu season and infectious diseases, generally, in the workplace.  Contagious diseases are particularly troublesome subjects for companies because […]
- [Scott Kiplinger On Medlical Marijuana in Oklahoma, And When To Fire An Employee "Under The Influence"](https://helpdesksuites.com/2020/01/28/scott-kiplinger-on-medlical-marijuana-in-oklahoma-and-when-to-fire-an-employee-under-the-influence/): Hey Compliance Warriors! Once again we have a tough ruling to enforce in the growing medical marijuana arena. This article well summarizes the pros and cons of some laws concerning Oklahoma. Primarily ending on a note that it’s going to be up to employers to be much more diligent keeping tabs on their employees if they suspect said employee to be under the influence while on the job. Despite specifying Oklahoma, there are some good points in here for any business owner in a state where marijuana is legal. Read on… Article Via: http://www.gablelaw.com/ What is the current status of medical […]
- [D.C. Mandates Employers To Notify Their Employees Of New Law Or Be Fined](https://helpdesksuites.com/2020/01/27/d-c-mandates-employers-to-notify-their-employees-of-new-law-or-be-fined/): Hey Compliance Warriors!! A new law going into effect this July is changing things up for employers in the District. The new regulation states that employers must make all of their employees aware of this new law. This is obviously a big deal because keeping your employees in the dark regarding their benefits can be detrimental to you as a business in many ways, including losing valuable talent. Learn a bit more about this new law below. Read on….
- [Safeway Manager's Overtime Pay Case Falls Apart In Court](https://helpdesksuites.com/2020/01/24/safeway-managers-overtime-pay-case-falls-apart-in-court/): Hey Compliance Warriors! We have a short but informative post for today about overtime exemption. It’s very straight forward about the nature of exempt and non-exempt employees, so I’ll let the article do the talking. Read on…
- [Department of Labor Issues New Rule Regarding Joint Employer Status Under the FLSA](https://helpdesksuites.com/2020/01/22/department-of-labor-issues-new-rule-regarding-joint-employer-status-under-the-flsa/): On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint-employer status under the Fair Labor Standards Act (FLSA).  This rule sets forth principles governing the determination of joint employer liability under the FLSA.  The DOL issued the final rule to “reduce uncertainty over joint employer status, promote greater uniformity among court decisions, reduce litigation, and encourage innovation in the economy.” The new rule, which will become effective in 60 days, is a departure from the prior DOL rule, a legal interpretation adopted by the Obama Administration in 2016 and a 2015 ruling by the […]
- [DOL Sets Final Regulations For "Joint Employer" Status](https://helpdesksuites.com/2020/01/22/dol-sets-final-regulations-for-joint-employer-status/): Hey Compliance Warriors! After almost a year of waiting for the final verdict, the DOL has substantiated the ruling for filing “Joint Employer” status for employees. This article gives a breakdown of the changes made to the initial regulations last April. Read on…   Article Via: https://www.constangy.com “On April 1, 2019, the U.S. Department of Labor issued proposed regulations clarifying its interpretation of joint employer status under the Fair Labor Standards Act. This past Sunday, the DOL issued a Final Rule, which will take effect March 16. This Bulletin will highlight only the changes that the DOL made to its proposed […]
- [OSHA Increases Maximum Penalties Regarding Violations Of The OSH Act](https://helpdesksuites.com/2020/01/20/osha-increases-maximum-penalties-regarding-violations-of-the-osh-act/): Hey Compliance Warriors! Here’s a good breakdown of what a per violation of this act would cost an employer. Spoiler alert it’s not something employers want to have to deal with! Read on…
- [New York and New Jersey Ban Employers from Asking About Salary History](https://helpdesksuites.com/2020/01/15/new-york-and-new-jersey-ban-employers-from-asking-about-salary-history/): New York and New Jersey have recently enacted laws prohibiting employers from inquiring about or relying on salary history information in making hiring decisions. The laws, which take effect during the first week of 2020, are meant to help battle salary inequality and to prevent employers from using salary history information as a condition of employment. Specifically, New York’s salary history ban prohibits employers from: (1) relying on wage or salary history in determining whether to offer employment to, or in determining the wages or salary of, a job applicant; (2) requesting or requiring the wage or salary history of a […]
- [Breaking News: Final Rule Regarding Joint Employer Part 791](https://helpdesksuites.com/2020/01/13/breaking-news-final-rule-regarding-joint-employer-part-791/): Hey Compliance Warriors! The DOL has issues its final file regarding FMLA’s stance on the joint employer status. Read on…
- [The Secure Act Signed Into Law](https://helpdesksuites.com/2020/01/09/the-secure-act-signed-into-law/): The Setting Every Community Up for Retirement Enhancement Act of 2019 (“Secure Act”) was passed by the U.S. Congress and signed into law by the President in December 2019.  The Secure Act is the most significant retirement legislation in many years. This article contains a summary of some of the key provisions of the Secure Act, which became effective on January 1, 2020. Student Loans The Secure Act contains provision for a withdrawal of up to $10,000 from §529 plans to repay student loans. This is significant because potentially students who take advantage of this new change will incur less interest […]
- [The Auditors are Coming! (Do you have a plan?)](https://helpdesksuites.com/2020/01/08/the-auditors-are-coming-do-you-have-a-plan/): Hey Compliance Warriors! The Auditors are Coming! (Do you have a plan?) Read on as one of our members and guest blogger gives some amazing tips for preparing to meet YOUR auditor!
- [Three New Opinion Letters Issued By DOL](https://helpdesksuites.com/2020/01/07/three-new-opinion-letters-issued-by-dol/): Hey Compliance Warriors! The DOL has release three new opinion letters regarding FLSA and FMLA. Read on for the details on this..
- [The California Consumer Privacy Act](https://helpdesksuites.com/2020/01/01/the-california-consumer-privacy-act/): Whether you like it or not, 2019 is coming to an end. With 2020 at our doorstep, it’s time to face the music and start paying attention to another tune in the ever-changing cacophony that is privacy law in the United States. On January 1, 2020, the California Consumer Privacy Act of 2018 (the “Act”) goes into effect. Here, I’d like to give you some overview of the Act. But first, its important to note that this law does not only apply to California businesses, but instead, to any business meeting certain thresholds pertaining to Californian residents. So, if you are […]
- [Is a Diagnosis a Disability?](https://helpdesksuites.com/2019/12/27/is-a-diagnosis-a-disability/): In Darby v. Childvine, a recent decision from the United States District Court for the Southern District of Ohio, the Court considered whether a genetic mutation can constitute a “disability” as that term is defined under the federal Americans with Disabilities Act (“ADA”). In that case, Darby was hired as an administrative assistant around August 2016 for Childvine, an early childcare provider. Shortly after beginning her employment, Darby underwent a double mastectomy on October 25, 2016. Thereafter, the employer terminated Darby two weeks after she underwent surgery for a double mastectomy. Darby sued Childvine, alleging she was terminated in violation of […]
- [SBS 237: Holiday Pay Q & A](https://helpdesksuites.com/2019/12/19/sbs-237-holiday-pay-q-a/): Hey Compliance Warrior! Today we’re addressing a few user questions regarding holiday pay! Don’t forget to rate, review and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: And today we are talking about three big questions that we get from a lot of our members. And these are all surrounding how you pay or don’t pay people for time off due to holidays.   Mason: you could call this our holiday pay Q. And. A.   Lisa: Oh, aren’t you a poet!   Mason: Okay, All right. So, how we’re going to […]
- [Breakdown Of New Federal Overtime Rule](https://helpdesksuites.com/2019/12/16/breakdown-of-new-federal-overtime-rule/): Hey Compliance Warriors! This new federal overtime rule is set to take place January 1st, 2020. Here is some information to note. Read on…
- [SBS 236: Tips For Having Harassment-Free Holiday Parties!](https://helpdesksuites.com/2019/12/12/sbs-236-tips-for-having-harassment-free-holiday-parties/): Hey Compliance Warriors! So, last week we discussed holiday parties where it concerns alcohol and this week we are continuing that discussion with harassment-free holiday parties! Link to article: https://rubinthomlinson.com/all-i-want-for-christmas-is-a-harassment-free-office-holiday-party/ Don’t forget to rate, review and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Today we are going to share with you some really great information from an article that was written by a woman named Veronica Howard. She is affiliated with the law firm of Ruben Tomlinson. And the topic of her article here is all I want for Christmas is […]
- [Breaking: U.S. Department of Labor Announces Extension of Comment Period for Proposed Rule for Tip Credit Provisions](https://helpdesksuites.com/2019/12/09/breaking-u-s-department-of-labor-announces-extension-of-comment-period-for-proposed-rule-for-tip-credit-provisions/): Hey Compliance Warriors! Here’s a press release from the DOL regarding the comment period for tip credit provisions new proposed rule. Read on..
- [SBS 235: Employer Liability Concerning Alcohol At Holiday Parties](https://helpdesksuites.com/2019/12/05/sbs-235-employer-liability-concerning-alcohol-at-holiday-parties/): Hey Compliance Warriors! With the holiday season upon us, we all like to get together to celebrate a great year and holiday parties are a great way to show our employees how much we appreciate them. However, we also want to protect our company. So, here are some tips and things to think about if you, as the employer, plan on serving alcohol at these events. Don’t forget to rate, review and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Today we are kicking off a series of three podcasts leading us […]
- [Compensation Considerations for 2020](https://helpdesksuites.com/2019/12/04/compensation-considerations-for-2020/): Hey Compliance Warriors! Here’s some helpful information to consider when it comes to compensation issues/topics. Read on…
- [New York State's Revised Reproductive Health Law](https://helpdesksuites.com/2019/12/03/new-york-states-revised-reproductive-health-law/): Hey Compliance Warriors! As 2020 approaches, there is a lot of new legislation. Here is an update that may require employee handbook revisions for New York State Employers. Read on…
- [California: 10 New Laws to Understand](https://helpdesksuites.com/2019/12/02/california-10-new-laws-to-understand/): Hey Compliance Warriors! If you’re running a business in California, here is some new legislation coming January 1st, 2020 you’ll probably want to look over. Read on…
- [Holiday Parties and Employer Liability: Is Alcohol OK?](https://helpdesksuites.com/2019/12/02/holiday-parties-and-employer-liability-is-alcohol-ok/): Well, it’s that time of year again. Time for potlucks and holiday lunches and corporate outings. And just as every year, you will invariably get questions or at least thoughts about including alcohol at any of these functions. Well, if you are thinking of providing or making alcohol available at any corporate function, you may want to think again. Employers that make alcoholic beverages available at company functions, or who allow employers to drink alcohol on company premises, or while on company business may be liable for injuries caused by intoxicated employees. Lawsuits attempting to hold employers liable for damages or […]
- [Fifth Circuit Issues More Guidance on Non-Compete Provisions](https://helpdesksuites.com/2019/11/21/fifth-circuit-issues-more-guidance-on-non-compete-provisions/): Recently, the Fifth Circuit released an opinion, Brock Services, L.L.C. v. Richard Rogillio, No. 19-30363, which provides helpful guidance regarding non-compete provisions that can impact both employers and employees alike. In Brock, Richard Rogillio (“Rogillio”) began working for Brock Services, L.L.C. (“Brock”) in the summer of 2010 until he resigned to work for a direct competitor, Apache Industrial Services, L.L.C. (“Apache”). At the time of his resignation in the fall of 2018, he was the Vice President of Operations for Brock’s Eastern Region. As part of his employment with Brock, Rogillio was subject to a non-compete provision in his employment agreement. […]
- [SBS 35: Wage and Hour Warning Tale](https://helpdesksuites.com/2019/11/21/sbs-35-wage-and-hour-warning-tale/): Hey Compliance Warriors, Today we talk about a recent court case where delivery drivers weren’t paid correctly, filed a claim, and won big! Don’t forget to rate, review and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome back to another edition of small business Spoonfuls. I’m Lisa Smith and today we are talking about the big Domino’s franchisee situation in Illinois. Mason: I’m Mason Merrell. This was a big one. 16 Domino’s franchises agreed to pay $807,500 to settle wage and hour claims brought by a class of approximately 125 drivers. […]
- [How Emojis Can Affect Court Cases](https://helpdesksuites.com/2019/11/20/how-emojis-can-affect-court-cases/): Hey Compliance Warriors! The term “emoji” has somehow found itself to be a popular term in society today. Usually because these small pictures can help you show your friends and family how you feel when writing text messages. However, did you know these emoticons can also be used in court? Read on…
- [Outlook For Paid Family Leave In 2020](https://helpdesksuites.com/2019/11/19/outlook-for-paid-family-leave-in-2020/): Hey Compliance Warriors! Here’s an update on NYPFL for 2020. Read on…
- [SBS 34:New Lactation Law Requirements for California](https://helpdesksuites.com/2019/11/14/sbs-34new-lactation-law-requirements-for-california/): Hey Compliance Warriors! We’re back and this week we’re talking about the new lactation room requirements for California. Don’t forget to rate, review and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription:   Lisa: Welcome back to another edition of small business Spoonfuls. I’m Lisa Smith. Mason: and I’m Mason Merrell. Lisa: And today we are talking about the new California law that surrounds lactation breaks for breastfeeding moms. Mason: This is an interesting one. Lisa: Now we know that if you are an employer with 50 or more employees federally speaking, you […]
- [Federal Court Rules Government Must Have Reasonable Suspicion Before Searching Electronic Devices at the U.S. Border](https://helpdesksuites.com/2019/11/13/federal-court-rules-government-must-have-reasonable-suspicion-before-searching-electronic-devices-at-the-u-s-border/): On November 12, 2019, a federal court in Boston ruled that searches of international traveler’s electronic devices by Immigration and Customers Enforcement (“ICE”) and Customs and Border Protection (“CBP”), at airports and other U.S. portions, performed without reasonable suspicion were unconstitutional. The ruling arose from a lawsuit filed by the American Civil Liberties Union, Electronic Frontier Foundation, and ACLU of Massachusetts, on behalf of 11 travelers whose smartphones and laptops were searched without individualized suspicion at U.S. ports of entry. Of the eleven travelers, ten are U.S. Citizens and the eleventh is a Lawful Permanent Resident. According to the ruling, the […]
- [ADEA Claim Dismissed Due to Unprofessional Behavior](https://helpdesksuites.com/2019/11/11/adea-claim-dismissed-due-to-unprofessional-behavior/): Hey Compliance Warrior! Here is an interesting court case regarding an employee who filed a claim for unfair termination due to her age. However, after reviewing her workplace conduct the 5th Circuit felt differently. Read on for the details…
- [New York Is Providing More Workplace Protections For Domestic Violence Victims](https://helpdesksuites.com/2019/11/08/new-york-is-providing-more-workplace-protections-for-domestic-violence-victims/): Hey Compliance Warriors! Here’s a quick update on what protections in the workplace New York is requiring for DV victims. Read on…
- [No Clear Path Forward on the Applicability of the ADA to Websites](https://helpdesksuites.com/2019/11/06/no-clear-path-forward-on-the-applicability-of-the-ada-to-websites/): In October, the Supreme Court of the United States denied Domino’s Pizza’s petition for review of a circuit court decision pertaining to the Americans with Disabilities Act (“the ADA”) applicability to Domino’s website. Domino’s requested that the Supreme Court review the Ninth Circuit’s decision holding that Domino’s must make its website accessible to persons with visual impairments under the ADA. The petition for certiorari was the first time the Supreme Court had been asked to consider the issue of website accessibility. In this case, the plaintiff alleged that Domino’s violated Title III of the ADA, which governs places of public accommodation, […]
- [Do's and Don'ts of the Hiring Process](https://helpdesksuites.com/2019/11/06/dos-and-donts-of-the-hiring-process/): Hey Compliance Warriors! The hiring process can be tedious. Here is some information helping to make sure you’re doing it the right and legal way. Read on…
- [Update: DOL Announces Proposal to Expand Access to Bonuses for America’s Workers](https://helpdesksuites.com/2019/11/05/update-dol-announces-proposal-to-expand-access-to-bonuses-for-americas-workers/): Hey Compliance Warriors! DOL is purposing to expand the eligibility of bonuses for certain types of employees. Read on…
- [Breakdown For Employer On The California Consumer Privacy Act](https://helpdesksuites.com/2019/11/04/breakdown-for-employer-on-the-california-consumer-privacy-act/): Hey Compliance Warriors! The California Consumer Privacy Act is going to be effective on 1/1/2020. So if you’re an employer in California here’s some great information regarding this. Read on…
- [EEOC Reaches Largest Parental Leave Discrimination Settlement to Date](https://helpdesksuites.com/2019/11/01/eeoc-reaches-largest-parental-leave-discrimination-settlement-to-date/): Earlier this year, one of the oldest and largest financial institutions in the United States agreed to pay $5 million to resolve a discrimination claim filed by a male employee who alleged the bank’s parental leave policy was biased against dads. The settlement resolved a 2017 complaint brought by the American Civil Liberties Union alleging bias against the employee who had applied unsuccessfully for the 16-week parental leave benefit available to employees who are the “primary caregiver” of a new kid. This payout is the largest settlement to date, but it is not the first. In 2015, the Equal Employment Opportunity […]
- [It’s Halloween, can I have off work? It’s part of my religion.](https://helpdesksuites.com/2019/10/29/its-halloween-can-i-have-off-work-its-part-of-my-religion/): Yes folks, it’s that time of year again. Thursday, October 31 is right around the corner. The day that is commonly known as Halloween is once again upon us. While chatting with my wife this evening, she had a great question; what happens if an employee asks off of work to observe the day of Halloween as part of their religion? As you may, or may not know, Halloween originated with the ancient Celtic festival of Samhain. The Celts, who lived about 2,000 years ago, mostly in the area that is now Ireland, the United Kingdom and northern France, celebrated their […]
- [Massachusetts Courts Method For Identifying Gig Economy Businesses](https://helpdesksuites.com/2019/10/28/massachusetts-courts-method-for-identifying-gig-economy-businesses/): Hey Compliance Warriors! Here’s some great information on classifying a “gig” worker. It’s still a slippery slope on the identification process but this 8 factor test this court used for this particular case is a step in the right direction. Read on…
- [2020 California Legislation Update](https://helpdesksuites.com/2019/10/25/2020-california-legislation-update/): Hey Compliance Warriors! With legislation season approaching, here’s an update overviewing new employment laws in California. Read on…
- [SBS 233: Benefits of Using Biometric Timekeeping Systems](https://helpdesksuites.com/2019/10/24/sbs-33-benefits-of-using-biometric-timekeeping-systems/): Hey Compliance Warriors! Bio-metric time clocks have been around for while but with increasing technology and security they’ve become even more popular. Listen in as we discuss some of the benefits of using this type of timekeeping system! Don’t forget to rate, review and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!   Transcription: Lisa: Welcome to another edition of small business spin fools. I’m Lisa Smith Mason: I am Mason Merrell Lisa:  And today we are talking about biometric timekeeping systems. Mason: Yep, that’s right. So we’re talking about the way you keep […]
- [PA's White Collar Exemption Salary Threshold](https://helpdesksuites.com/2019/10/23/pas-white-collar-exemption-salary-threshold/): Hey Compliance Warriors! Here’s an update on the proposed rule to increase the salary threshold in PA. Read on…
- [Webinar Regarding Final Overtime Rule](https://helpdesksuites.com/2019/10/22/webinar-regarding-final-overtime-rule/): Hey Compliance Warriors! On November 4th the Wage and Hour Division will be holding a webinar to detail the final over time rule. Read on for the detail on how to sign up…
- [Movement Toward Lessening Workplace Violence In Healthcare Facilities](https://helpdesksuites.com/2019/10/18/movement-toward-lessening-workplace-violence-in-healthcare-facilities/): Hey Compliance Warriors! Anything that can be done to lessen workplace violence is a move in the right direction. The Ministry of Labour in Canada has released a guide addressing some key things. Read on for the details…
- [SBS 232: Tips For Success When Preparing Your Employees For Open Enrollment](https://helpdesksuites.com/2019/10/17/sbs-32-tips-for-success-when-preparing-your-employees-for-open-enrollment/): Hey Compliance Warriors! Open enrollment is just around the corner and if you’re in a place where you’re helping your employees with this, here are a few helpful tips! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: Welcome to another edition of small business Spoonfuls. I’m Lisa Smith Mason: And I’m Mason Merrell Lisa: Today we are talking about open enrollment. Mason: This is something that is a big headache for a lot of people. Lisa: Yeah And we’re, here. We are at open enrollment season, […]
- [San Antonio City Council Revises and Approves Paid Sick Leave Implementation for December 1st, 2019](https://helpdesksuites.com/2019/10/16/san-antonio-city-council-revises-and-approves-paid-sick-leave-implementation-for-december-1st-2019/): The saga of Texas sick leave laws continues! The San Antonio, Texas City Council has approved revisions to the city’s sick leave ordinance, which is now scheduled take effect on December 1, 2019. The ordinance was previously scheduled to become effective on August 1, 2019. However, the regulation was delayed pending a legal challenge less than two weeks before the ordinance’s scheduled effective date. On July 15, 2019, the Texas Attorney General and several business groups filed suit against the City, alleging that the paid sick leave ordinance was unconstitutional because it is preempted by the Texas Minimum Wage Act.  In connection with the […]
- [Artificial Intelligence In Employment Hiring](https://helpdesksuites.com/2019/10/15/artificial-intelligence-in-employment-hiring/): Hey Compliance Warriors! Employment hiring practices are moving progressively. If fact California is promoting using AI when hiring to reduce the chance of discrimination. Read on for find out more about this…
- [DOL's Proposed Regulations On Tip Handling](https://helpdesksuites.com/2019/10/14/dols-proposed-regulations-on-tip-handling/): Hey Compliance Warriors! The Department of Labor has proposed this rule that will hopefully bring some clarification to employees and employers. Read on for the details…
- [7 Tips To Being An Effective Leader](https://helpdesksuites.com/2019/10/08/7-tips-to-being-an-effective-leader/): Hey Compliance Warriors! Being and effective leader is key to managing your organization in a successful way. Here’s some great reminders. Read on…
- [SCOTUS to Rule on LGBT Protections](https://helpdesksuites.com/2019/10/08/scotus-to-rule-on-lgbt-protections/): You may not know it, but today is a highly anticipated day. Today, October 8, 2019, the U.S. Supreme Court is hearing oral arguments on a trio of cases that will determine whether the nation’s most prominent workplace discrimination statute prohibits employment discrimination against LGBT workers. The issue: whether Title VII’s ban against “sex” discrimination covers claims involving sexual orientation and gender identity. Ideally, when the Supreme Court releases their decisions, employers, nationwide, will finally have a definitive answer regarding the extent of the federal civil rights law as it applies to members of the LGBT community. However, any decisions will […]
- [Breaking: DOL Announces New Proposed Rule For Tip Credit Provisions](https://helpdesksuites.com/2019/10/07/breaking-dol-announces-new-proposed-rule-for-tip-credit-provisions/): Hey Compliance Warriors, Breaking news from the DOL today regarding tip credit provisions. Here’s the press release. Read on..
- [Sixth Circuit Rules on Title VII Statutory Limitations](https://helpdesksuites.com/2019/10/06/sixth-circuit-rules-on-title-vii-statutory-limitations/): Employers in the Sixth Circuit (which has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee) may want to review their employment contracts following a recent decision in which the United States Court of Appeals for the Sixth Circuit ruled that employers cannot contractually shorten the statutory limitations period for Title VII claims—except in the arbitration context. Recently the United States Court of Appeals for the Sixth Circuit ruled on Logan v. MGM Grand Detroit Casino. In Logan, Barbrie Logan  worked  as  a  cook  for  MGM  Grand  Detroit  Casino  (“MGM”). Logan began her employment as a culinary utility worker for MGM in August […]
- [Deadline For Sexual Harassment Training in California](https://helpdesksuites.com/2019/10/02/deadline-for-sexual-harassment-training-in-california/): Hey Compliance Warriors! The deadline for sexual harassment training has been extended from January 1, 2020 to January 1, 2021! Read on for the details…
- [IRS Expecting Increase In Information Returns](https://helpdesksuites.com/2019/10/01/irs-expecting-increase-in-information-returns/): Hey Compliance Warriors! IRS has released their “Fiscal Year Return Projections for the United States, Fall 2019 Edition.” Here’s one of the big projections. Read on…
- [U.S. Department of Labor Announces Final Overtime Rule](https://helpdesksuites.com/2019/09/25/u-s-department-of-labor-announces-final-overtime-rule/): The U.S. Department of Labor announced a final ruling to make more American workers eligible for overtime pay under the Fair Labor Standards Act (“FLSA”). A copy of the Department of  Labor’s announcement may be found here [https://www.dol.gov/whd/overtime2019/]. Currently, the FLSA says that certain workers who earn less than $23,700 can earn overtime pay under federal law when they work more than 40 hours in a week.  The current threshold was set by the George W. Bush administration in 2004. Prior to that, it had been $8,060 since 1975. This was not the Department of Labor’s (“DOL”) only recent attempt to […]
- [Injunctive Relief When It Comes To Sexual Harassment](https://helpdesksuites.com/2019/09/25/injunctive-relief-when-it-comes-to-sexual-harassment/): Hey Compliance Warriors! When it comes to sexual harassment cases the main focus should not be all about the settlement. It should be to help the victim and also to take steps for the harasser not to continue the action. Here’s some great information regarding injunctive relief. Read on…
- [Breaking News: DOL Issues Final Overtime Rule](https://helpdesksuites.com/2019/09/24/breaking-news-dol-issues-final-overtime-rule/): Hey Compliance Warriors! The long awaited final overtime rule has been announced! The effective date is January 1, 2020. Read on for all the details…
- [Ex-NFL Players Workers Comp Claim](https://helpdesksuites.com/2019/09/18/ex-nfl-players-workers-comp-claim/): Hey Compliance Warriors! Here’s an interesting case regarding a California judge throwing out an Ex-NFL players workers compensation claims against 5 different teams. Read on..
- [DOL Opinion Letter Regarding Intermittent FMLA](https://helpdesksuites.com/2019/09/18/dol-opinion-letter-regarding-intermittent-fmla/): The United States Department of Labor (“DOL”) has issued an opinion letter advising that eligible employees may take intermittent Family and Medical Leave Act (“FMLA”) leave to attend Individualized Education Program (“IEP”) meetings addressing the educational and special medical needs of their children. The opinion letter, which constitutes formal guidance on the interpretation of the FMLA, expands the use of FMLA leave. A copy of the opinion letter may be found here [https://www.dol.gov/whd/opinion/FMLA/2019/2019_08_08_2A_FMLA.pdf]. Background The DOL’s opinion letter was issued in response to an inquiry from a concerned parent indicating that their employer had not approved a request to take intermittent […]
- [California Looking to Reassess How Gig Workers Are Classified](https://helpdesksuites.com/2019/09/17/california-looking-to-reassess-how-gig-workers-are-classified/): Hey Compliance Warriors! California Supreme Court is looking to pass a law that would have big implications for how independent contractors are being classified. Read on for the details…
- [EEOC Will Not Be Collecting Detailed Compensation Data Next Year](https://helpdesksuites.com/2019/09/16/eeoc-will-not-be-collecting-detailed-compensation-data-next-year/): Hey Compliance Warriors, The EEOC announced on September 11th that the Form EEO-1 will not be collecting detailed compensation data. Read on for more on this announcement…
- [A Tale of Two Districts](https://helpdesksuites.com/2019/09/13/a-tale-of-two-districts/): Conn Appliances, Inc. v. Williams presents an interesting opinion out of the Fifth Circuit Court of Appeals involving a retail installment contract. The case was decided on September 4, 2019. The case arose out of Conn Appliances, Inc.’s (“Conn”), attempts to compel Johnnie F. Williams, Jr., to comply with the terms of Conn’s retail installment contract. When the contract was executed, Williams was a resident of Tennessee, and he entered into the contract with Conn, a Texas corporation, at Conn’s Tennessee store. Although Williams timely paid on the contract at first, he soon began to miss payments.  At that point, Conn […]
- [Purposed Rule Would Change Overtime Calculation For Fluctuating Workweek Employees](https://helpdesksuites.com/2019/09/12/purposed-rule-would-change-overtime-calculation-for-fluctuating-workweek-employees/): Hey Compliance Warriors! The Wage an Hour Division is considering a rule that would revise the way overtime is calculated for fluctuating workweek. Read on for the details on this…
- [SBS 231: FMLA: When Employee Health Insurance Premiums Are Over Due](https://helpdesksuites.com/2019/09/11/125758/): Hey Compliance Warriors! Today we discuss a user question about an employee who’s health insurance premiums are overdue and how to handle this in regard to giving enough notice when canceling their coverage. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!   Transcription   Lisa:  Welcome to another edition of small business Spoonfuls I’m Lisa Smith   Mason: I’m Mason Merrell   Lisa: And today we are talking about another FMLA issue. I know we do a lot of FMLA conversation, but it is probably one of the […]
- [Common Questions Regarding Commission and Bonus Plans](https://helpdesksuites.com/2019/09/10/common-questions-regarding-commission-and-bonus-plans/): Hey Compliance Warriors! Compensation packages usually are made up of commission and bonus plans. Here are some questions to consider when creating these as the employer. Read on…
- [DOL Issues USERRA Fact Sheet 1](https://helpdesksuites.com/2019/09/06/dol-issues-userra-fact-sheet-1/): Hey Compliance Warriors, On August 9th 2019 the DOL issued USERRA fact sheet 1. This will cover guidelines on retirement plan obligations from employers to service members. Read on for the details on this…
- [Update: President Trump Nominates New Head of Department of Labor](https://helpdesksuites.com/2019/09/05/update-president-trump-nominates-new-head-of-department-of-labor/): Hey Compliance Warriors! The new head of the DOL has been nominated. Read on…
- [SBS 30: Marijuana - The ADA v.s. OSHA](https://helpdesksuites.com/2019/09/04/sbs-30-marijuana-the-ada-v-s-osha/): Hey Compliance Warriors! Today we have a short discussion on navigating employer rights when dealing with someone who’s coming to work impaired by the use of medical or legal recreational marijuana. Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure!   Transcription:     Lisa:  Today we are talking about marijuana usage in the workplace.   Mason: Yup. A lot more States are becoming legalized, now. And so we wanted to kind of give an update on, we’ve touched on it a little bit in previous podcasts just on […]
- [Court Case Concerning Racial Discrimination From Someone Who Has Tourette Syndrome](https://helpdesksuites.com/2019/09/03/court-case-concerning-racial-discrimination-from-someone-who-has-tourette-syndrome/): Hey Compliance Warriors! Here’s an interesting court case concerning an employee who’s arguing they are in a rock and hard place, caught between the ADA and Racial discrimination. Read on..
- [Friendly Office Sports Wagering Legalized In Tennessee](https://helpdesksuites.com/2019/08/30/friendly-office-sports-wagering-legalized-in-tennessee/): Hey Compliance Warriors, With most sports starting to return, that brings back fantasy football and basketball leagues as well. In light of that Tennessee has decided to legalize friendly online sports betting. Read on for the details on this…
- [SBS 229: The Importance of a Good Succession Plan](https://helpdesksuites.com/2019/08/29/sbs-29-the-importance-of-a-good-succession-plan/): Hey Compliance Warriors! We talk today about why organized succession plans are so good for an organization! Don’t forget to rate, review and subscribe on Apple Podcast, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! Transcription: Lisa: In today’s episode we are talking about succession planning.   Mason: Yep. We’re talking about the leaders of tomorrow.   Lisa: That’s right. So large businesses like really large businesses normally have good succession planning in place. But our average member that we deal with, our average business is less than 500 employees. A lot of them have less than 250, […]
- [Fifth Circuit Confirms A Day Rate of $1,000 Meets the Salary Requirements Under The FLSA's White Collar Overtime Exemptions](https://helpdesksuites.com/2019/08/27/fifth-circuit-confirms-a-day-rate-of-1000-meets-the-salary-requirements-under-the-flsas-white-collar-overtime-exemptions/): On August 21, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Faludi v. U.S. Shale Solutions, L.L.C. that settled an important question, finding that a guaranteed day rate that provides compensation exceeding  at least $455 per week can meet the Fair Labor Standard Act (“FLSA”) salary requirements for the white collar overtime exemptions. In Faludi v. U.S. Shale Solutions, the plaintiff was an attorney that provided strategic solutions to the oil and gas company as an independent contractor. As part of his agreement with the company, the attorney was guaranteed a rate of $1,000 per […]
- [COVID-19 GUIDANCE UNDER § 125 CAFETERIA PLANS AND RELATED TO HIGH DEDUCTIBLE HEALTH PLANS](https://helpdesksuites.com/2020/05/12/covid-19-guidance-under-%c2%a7-125-cafeteria-plans-and-related-to-high-deductible-health-plans/): Hey Compliance Warriors! The IRS released two new notices today regarding Section 125 Plans and High Deductible Health Plans. Good info. Read on…
- [Illinois Releases Sexual Harassment Training Program](https://helpdesksuites.com/2020/05/12/illinois-releases-sexual-harassment-training-program/): Hey Compliance Warriors! The state of Illinois has created its own training program for sexual harassment to be uniform across the state. Here’s what you need to know about it. Read on… Article Via: jacksonlewis.com “The Illinois Department of Human Rights (IDHR) has released a model training program meeting the requirements of the Illinois Human Rights Act (IHRA), which mandates Illinois employers to provide annual sexual harassment prevention training to all employees. Under the IHRA, Illinois employers must train employees on sexual harassment prevention by December 31, 2020, and at least once each year starting in 2021. Enacted in 2019, Public Act 101-0221 […]
- [Virginia Minimum Wage Goes Up - So Do Wage & Hour Claims](https://helpdesksuites.com/2020/05/12/virginia-minimum-wage-goes-up-so-do-wage-hour-claims/): Hey Compliance Warriors! Virginia tried to do right by employees and give the minimum wage a boost. Along with some other legislation changes, now they’re seeing cases crop up because of the new laws. Read on…   Article Via: natlawreview.com “Is Virginia the new California?  That may be an exaggeration, but in April 2020 the Commonwealth took major steps away from its historically pro-employer climate to provide employees and independent contractors with new potential claims.  We previously reported about Virginia’s extension of employment protection to LGBTQ employees and creation of a new state-law employment discrimination cause of action.  Virginia employers should also […]
- [Texas Return to Work Rules Create Confusion](https://helpdesksuites.com/2020/05/11/texas-return-to-work-rules-create-confusion/): Following last weeks’ announcement from Texas Governor Greg Abbott, that retail stores, restaurants, movie theaters and malls will be allowed to reopen means many Texas workers now have a difficult decision to make. There are now multiple reports that some employers who have attempted to bring employees back to work are encountering some employees who do not want to return to work either due to COVId-19 fears or because they receive as much or more through unemployment benefits as they do through working. This creates a difficult decision for both employers and employees.  Employees certainly have the right to feel safe […]
- [Employers Take Note: Litigation Surging Because Of Covid-19](https://helpdesksuites.com/2020/05/11/employers-take-note-litigation-surging-because-of-covid-19/): Hey Compliance Warriors! We’ve been talking about this for weeks, and it’s really starting to kick off now. The litigation against businesses for mismanaging the Covid-19 pandemic is getting worse as more cases pop up daily. In the following article, we’ll see some examples of this and also what employers can do to try and avoid these situations. Article Via: Law.com As the world continues to deal with the health and economic catastrophe created by the COVID-19 pandemic, a potential tsunami of related litigation has begun a slow but steady build. Because the pandemic is unprecedented, predicting the legal fallout left […]
- [Michigan Extends Quarantine While Easing Certain Restrictions](https://helpdesksuites.com/2020/05/11/michigan-extends-quarantine-while-easing-certain-restrictions/): Hey Compliance Warriors! Michigan is boldly passing some legislation to encourage everyone to “stay home, stay safe” – as the governers executive order is referred. There will be changes though, so if you’re a resident of the great state of Michigan, then I encourage you to read on… Article Via: btlaw.com On April 24, Michigan Gov. Gretchen Whitmer signed Executive Order 2020-59, which extends the duration of the measures contained in her previous “Stay Home, Stay Safe” orders – Executive Order 2020-21 and Executive Order 2020-42 – but eases some of those restrictions. It is effective immediately and continues through May 15, 2020. Specifically, the new […]
- [New Supervisor - New Rules](https://helpdesksuites.com/2020/05/11/new-supervisor-new-rules/): Hey Compliance Warriors! Short and sweet article about how expectations can change quickly when you’re working under someone new. This is why you should never let the adage “you can’t teach an old dog new tricks” apply to you. Be willing to adapt to new circumstances. Read on… Article Via: shawe.com The U.S. Court of Appeals for the Eighth Circuit rejected an operations manager’s claim that he was terminated in retaliation for filing a discrimination charge with the Equal Employment Opportunity Commission, finding instead that he was unable to meet the expectations of his new supervisor. In Couch v. American Bottling Co., […]
- [Reopening The U.S. - Considerations For Employers](https://helpdesksuites.com/2020/05/08/reopening-the-u-s-considerations-for-employers/): Hey Compliance Warriors! We’re getting to the point now where many businesses will begin to open their door back up, but we still need to be very cautious during this time. This article will provide some practical recommendations to think about while getting back to business, as well as government-issued rules. Read on… Article Via: hlemploymentblog.com Many U.S. employers are eager to reopen their worksites and to resume more normal in-person operations. But resumption of business while the country continues to face the risk of COVID-19 infections presents significant legal and practical challenges. The nature of these challenges will differ based […]
- [Can You Sue For Contracting Covid-19 At Work?](https://helpdesksuites.com/2020/05/08/can-you-sue-for-contracting-covid-19-at-work/): Hey Compliance Warriors! With many states starting to re-open right now we’re faced with an encroaching second wave of Covid-19 infections if proper and measurable precautions aren’t put in place. For employers, this is hugely difficult but important. Currently, there are numerous cases of employees attempting litigation for allegedly contracting Covid-19 in the workplace. Read on…   Article Via: usatoday.com A handful of states are reopening for business following coronavirus-triggered lockdowns, raising two compelling questions: Must employers ensure the workplace is safe? And will they be held liable if employees contract the virus? The short answer is that while health care […]
- [Guidance On Wage Withholding Requirements While Remote Working](https://helpdesksuites.com/2020/05/07/guidance-on-wage-withholding-requirements-while-remote-working/): Hey Compliance Warriors! More guidance has been provided on the subject of withholding requirements for those that are temporarily working from home because of Covid-19. This is largely a state by state issue, so read carefully to see if you or your employees are affected. Read on… Article Via: faegredrinker.com Nationwide stay-at-home orders issued in response to the COVID-19 pandemic may impact withholding requirements for multistate employers. Employers are generally required to withhold income tax from wages of employees based on where the employee works. Under normal circumstances, when employees work from the employer’s place of business, employee wages are sourced […]
- [EEOC DELAYS EEO DATA COLLECTIONS DUE TO COVID-19 PUBLIC HEALTH EMERGENCY](https://helpdesksuites.com/2020/05/07/eeoc-delays-eeo-data-collections-due-to-covid-19-public-health-emergency/): Hey Compliance Warriors! The U.S. Equal Employment Opportunity Commission (EEOC) will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the Coronavirus Disease 2019 (COVID-19) public health emergency, the agency announced today in a Federal Register notice. Read on…
- [IRS: Three tax credits are available to many businesses hit by COVID-19](https://helpdesksuites.com/2020/05/07/irs-three-tax-credits-are-available-to-many-businesses-hit-by-covid-19/): Hey Compliance Warriors! The Internal Revenue Service today reminds employers affected by COVID-19 about three important new credits available to them. Read on…
- [What Jobs Remain During COVID-19?](https://helpdesksuites.com/2020/05/06/what-jobs-remain-during-covid-19/): Hey Compliance Warriors! Every day we’re seeing more and more economic impact from the Covid-19 epidemic. If you have friends, family, employees you can’t re-hire or anyone in between that are out of work, then this might be a great article for you to share with them. Read on… Article Via: credit.com COVID-19 made official landfall in the United States in January 2020. Since then, it’s had a domino effect on nearly every industry. Businesses have been forced to close or adjust working procedures due to social distancing mandates and stay-at-home orders. And the number of people filing for unemployment has skyrocketed, […]
- [An Brief Look Into COVID-19 Employment Law](https://helpdesksuites.com/2020/05/05/an-brief-look-into-covid-19-employment-law/): Hey Compliance Warriors! We’ve talked about CARES and PPP quite a lot over the last couple of months. However, if you aren’t abreast of the situation, this article will give you a nice quick look into those two acts and what employers need to know during these times. Read on… Article Via: Law.com As state governments issue stay-at-home orders, employment lawyers across the country have been digesting new employment laws, assisting clients in managing layoffs, furloughs, and leaves of absence, and working to keep up with a changing employment landscape. Federal legislation has imposed dramatic, although temporary, changes to the way […]
- [Paid Sick Leave Chart For California Employers](https://helpdesksuites.com/2020/05/04/paid-sick-leave-chart-for-california-employers/): Hey Compliance Warriors! California employers should keep an eye on this. A valuable chart sating per county in California what employers are required to do about employee sick leave. Read on… Article Via: dwt.com “In response to COVID-19, local governments across California have enacted various measures to expand paid sick leave to workers in their jurisdictions. We’ve compiled a chart summarizing the COVID-19 local paid sick leave laws passed in California to date, including Emeryville, Los Angeles, San Francisco, and San Jose. DWT will regularly update this chart as further guidance is received from local governments on recent legislation, and to the […]
- [Will Employers Be Allowed To Mandate Covid-19 Testing?](https://helpdesksuites.com/2020/05/04/will-employers-be-allowed-to-mandate-covid-19-testing/): Hey Compliance Warriors! Changing day by day are the rules employers have to abide by with Covid-19. Testing being mandatory has been talked about quite a bit as well, and now Amazon is in the spotlight on the subject after their annual shareholder meeting. Read on…   Article Via: techcrunch.com COVID-19 commanded an understandably outsized presence in Jeff Bezos’s annual shareholder letter last week. The Amazon exec laid out the company’s plans for addressing the pandemic on a number of different levels, including building a testing lab for employees, along “with regular testing of all Amazonians, including those showing no symptoms.” It […]
- [Let’s Be Safe as We Return to Work](https://helpdesksuites.com/2020/05/02/lets-be-safe-as-we-return-to-work/): As many states are planning to re-open parts of their workforce in the coming weeks, it’s helpful to take a look at some suggestions for how to safely do so. Thankfully, the US Occupational Safety and Health Administration (“OSHA”) has published Guidance for Preparing Workplaces for COVID-19 (“Guidance”), which outlines steps employers can take to help protect their offices and workforce. The Guidance focuses on the need for employers to implement engineering, administrative, work practice controls and personal protective equipment (“PPE”), as well as suggestions for doing so. The Guidance is in addition to several other OSHA standards that may apply. While […]
- [IRS Says Expenses Paid with Forgiven PPP Loans are Not Tax Deductible](https://helpdesksuites.com/2020/05/01/irs-says-expenses-paid-with-forgiven-ppp-loans-are-not-tax-deductible/): Hey Compliance Warriors! The Internal Revenue Service on April 30 issued guidance that states that employers who received loans through the Paycheck Protection Program (PPP) will not be eligible for tax deductions on expenses if payment of those expenses funded by the loan results in the loan being forgiven. Read on…
- [Preparing for an Unemployment Compensation Audit](https://helpdesksuites.com/2020/05/01/preparing-for-an-unemployment-compensation-audit/): Hey Compliance Warriors! Unemployment Compensation audits are about to be a top-level issue for HR and payroll professionals. Are you ready? Do you know what you need to do to get ready for challenges to UI charges and complaints? Read on…
- [EEOC Issues New Guidance on Accommodation Requests](https://helpdesksuites.com/2020/05/01/eeoc-issues-new-guidance-on-accommodation-requests/): Hey Compliance Warriors! Here’s a great article about how we can accommodate employees during the COVID crisis, and also what we don’t have to accommodate as well. We want to be reasonable and make sure we’re following the legal guidelines given to us, though, as we’ll see in this article. Read on…   Article Via: greenbaumlaw.com “On April 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance for employers navigating the complex issues presented by COVID-19 in the workplace. The updated guidance consists of substantive responses to 10 different inquiries regarding employer conduct focused on addressing the pandemic […]
- [New York Rules For Face Mask Requirements For Essential Business Employees](https://helpdesksuites.com/2020/04/29/new-york-rules-for-face-mask-requirements-for-essential-business-employees/): Hey Compliance Warriors! New York is another in a line of states requiring face coverings being worn by essential business employees. Below you’ll see the guidance issued and plenty of questions answered. Read on… Article Via: fisherphillips.com “Governor Cuomo recently issued an Executive Order directing essential businesses to provide face coverings to their employees when in direct contact with customers or members of the public, at the expense of the employer. The New York State Department of Health (NYSDOH) just issued guidance for such essential businesses to comply with the order. What do New York employers need to know? Which Businesses […]
- [Revised M-274, Handbook for Employers is Now Available](https://helpdesksuites.com/2020/04/29/revised-m-274-handbook-for-employers-is-now-available/): Hey Compliance Warriors! USCIS released a revised M-274, Handbook for Employers: Guidance for Completing Form I-9,  with expanded information on properly completing Form I-9, Employment Eligibility Verification. Revisions include updates based on the recent Form I-9 release, as well as policy changes and clarifications. We will be doing a detailed webinar on May 8th. More information to come. See the Home page for details. Read on…
- [Common errors to avoid when filing for advance payment of employer credits](https://helpdesksuites.com/2020/04/29/common-errors-to-avoid-when-filing-for-advance-payment-of-employer-credits/): Hey Compliance Warriors! Employers who are filing Form 7200, Advance Payment of Employer Credits Due to COVID-19 should read the instructions carefully and take their time when completing this form to avoid mistakes. Using a reputable tax preparer – including certified public accountants, enrolled agents or other knowledgeable tax professionals – can also help avoid errors. Mistakes can result in a processing delay, which means it may take longer to get the advanced payment. Here are some common errors to avoid when filling out Form 7200: Read on… Missing or inaccurate Employer Identification Number. Each EIN should be exact. Taxpayers must complete this box. Check […]
- [Covid-Caused Furloughs, Layoffs, Pay Reductions. What Should Employers Do?](https://helpdesksuites.com/2020/04/28/covid-caused-furloughs-layoffs-pay-reductions-what-should-employers-do/): Hey Compliance Warriors! The debate on what to do with our employees has been going on for quite a while now, and it can be a difficult decision to make. To that end, this article makes some very helpful points that employers need to consider when thinking about laying people off, etc. Read on… Article Via: velaw.com “As we all know, COVID-19 has affected the global economy. U.S. companies that are laying off, furloughing or reducing pay for their workers in the United States are also thinking about doing the same with employees (some of whom are U.S. expatriates) who work […]
- [Employers Are Overlooking The CARES Act Employee Retention Credit](https://helpdesksuites.com/2020/04/27/employers-are-overlooking-the-cares-act-employee-retention-credit/): Hey Compliance Warriors! A benefit to the CARES act has been overlooked by employers quite a bit. The ability to receive a tax credit for retaining your current employees. What goes into receiving this credit and how beneficial is it really? Read on… Article Via: velaw.com “Employers faced with difficult decisions about whether to lay off employees have been focusing their attention primarily on two relief measures in the recently enacted CARES Act: (1) the availability of forgivable Paycheck Protection Program (“PPP”) loans for employers who retain their employees on the payroll for eight weeks; and (2) the temporary expansion of […]
- [Texas Appellate Court Shows Non-Competes Are Still Alive and Well in Texas](https://helpdesksuites.com/2020/04/24/texas-appellate-court-shows-non-competes-are-still-alive-and-well-in-texas/): Courts have frequently held that a no-solicitation agreement is unreasonable to the extent it prohibits a former sales employee from soliciting customers the employee did not serve for the employer. In Gehrke v. Merritt Hawkins and Associates, LLC, however, the court of appeals held that a trial court should have allowed a broader restriction barring solicitation of all the employer’s current or prospective clients. The employee in question “was much more than a mere salesman—he was an executive and vice president with intimate knowledge of [the employer’s] confidential business information and trade secrets who also supervised other salesmen.” The court of […]
- [Massachusetts Law Protects Citizens CARE Act Benefits](https://helpdesksuites.com/2020/04/24/massachusetts-law-protects-citizens-care-act-benefits/): Hey Compliance Warriors! We love seeing when our states fight for our rights as citizens. Thankfully Massachusetts Attorney General did just that in regards to the CARE act. Read on…   Article Via: consumerfinancialserviceslawmonitor.com Massachusetts Attorney General Maura Healey issued on Tuesday the latest in a series of orders regarding debt collection in the face of the coronavirus (“COVID-19”) outbreak. The most recent guidance document is aimed at protecting the relief payments that many Americans expect to receive in coming weeks thanks to the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Massachusetts law exempts certain income and property from garnishment or attachment by creditors, including public assistance payments. Public assistance […]
- [Are Your Remotely Working Employees Affecting Tax Rates?](https://helpdesksuites.com/2020/04/22/are-your-remotely-working-employees-affecting-tax-rates/): Hey Compliance Warriors! In the current work world, employers are faced with a strange new challenge. Because of working from home – AKA remote working – there is a chance that the rates at which an employee should be taxed would change. Read on… Article Via: saltsavvy.com Many employees are now telecommuting due to the COVID-19 outbreak.  In our previous blog post, we discussed employers’ potential withholding issues as a result of employees working remotely.  In this blog post, we will discuss potential nexus and apportionment issues due to employees working remotely. In the corporate income tax context, out-of-state employers should consider […]
- [Treasury, IRS announce cross-border tax guidance related to travel disruptions arising from the COVID-19 emergency](https://helpdesksuites.com/2020/04/21/treasury-irs-announce-cross-border-tax-guidance-related-to-travel-disruptions-arising-from-the-covid-19-emergency/): Hey Compliance Warriors! Rapidly changing rules and regulations for the Coronavirus pandemic are leading to new guidance daily. Here are some new IRS notices. Read on…
- [New Guidance For Seattle Area Businesses Issued By CDC](https://helpdesksuites.com/2020/04/21/new-guidance-for-seattle-area-businesses-issued-by-cdc/): Hey Compliance Warriors! Rapidly changing rules and regulations for the Coronavuris pandemic are leading to new guidance daily. This, in particular, is for businesses around Seattle. Being a major coastal metropolis, additional screening is highly recommended. Read on…   Article Via: dwt.com “The Centers for Disease Control (CDC) today issued new guidance for businesses in King, Pierce, and Snohomish Counties to help stem the spread of COVID-19. This guidance both reinforces previous advice about personal hygiene and social distancing, and recommends new measures for employers. While this update focuses on guidance issued for the Puget Sound region, the CDC has also issued […]
- [Additional Guidance on NY State Paid Sick Leave Laws](https://helpdesksuites.com/2020/04/20/additional-guidance-on-ny-state-paid-sick-leave-laws/): Hey Compliance Warriors! New York has been hit hard by the Coronavirus pandemic, but they’re still trying to keep doing everything they can to stay safe and soldier on. Some additional guidance was given for NY employers on the issue of paid sick leave to help out in this difficult time. Read on… Article Via: vedderprice.com “New York State Governor Andrew Cuomo signed legislation on March 18, 2020, that addresses the economic impact of the coronavirus outbreak and provides job-protected paid sick leave benefits to employees who are subject to a government-issued order of mandatory or precautionary quarantine or isolation due […]
- [What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws](https://helpdesksuites.com/2020/04/17/what-you-should-know-about-covid-19-and-the-ada-the-rehabilitation-act-and-other-eeo-laws/): Hey Compliance Warriors! Today, the EEOC updated its ADA and EEO FAQs. Wow! That is a lot of alphabet soup! Read on…
- [White House Launches Plan to Reopen the Economy](https://helpdesksuites.com/2020/04/17/white-house-launches-plan-to-reopen-the-economy/): Hey Compliance Warriors! President Trump has unveiled Guidelines for Opening Up America Again, a three-phased approach based on the advice of public health experts. These steps will help state and local officials when reopening their economies, getting people back to work, and continuing to protect American lives. Read on…
- [IRS Economic Stimulus Status Tracker](https://helpdesksuites.com/2020/04/15/irs-economic-stimulus-status-tracker/): Hey Compliance Warriors! Today the IRS launched a helpful application that will tell you the status of your (roughly) 1200$ individual stimulus check. Since distribution started this past Saturday, millions of people are already frantically wondering where their portion of the stimulus fund is. Thankfully, finding out seems pretty simple via the provided link and instructions from the IRS. www.irs.gov/coronavirus/get-my-payment Didn’t File a Return in 2018 or 2019? If you have a filing requirement and have not filed a tax return for 2018 or 2019, you must file a 2019 tax return to receive the payment. If you are not required to file a […]
- [Employers Still Concerned About CARES Act Despite DOL Guidance](https://helpdesksuites.com/2020/04/15/employers-still-concerned-about-cares-act-despite-dol-guidance/): Hey Compliance Warriors! There are still a number of employers voicing their concern about the CARES act and how it will affect their businesses. Below is an explanation of the expansion of the CARES act. Read on… Article Via: littler.com “On April 2, 2020, the U.S. Department of Labor (DOL) issued new guidance on unemployment insurance (UI) for states responding to COVID-19, under the recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act. UI Benefits, Coordination Explained The guidance explains an employee’s entitlement to leave under the various expanded unemployment leave programs created by the CARES Act, which builds on the […]
- [Is Your Company Staying H-1B & E-3 Compliant?](https://helpdesksuites.com/2020/04/14/is-your-company-staying-h-1b-e-3-compliant/): Hey Compliance Warriors! A very good point was brought out in this article about H-1B & E-3 compliance. With the financial strain many companies are facing, added fees and fines that can be avoided should be avoided. Read on… Article Via: gtlaw-insidebusinessimmigration.com “In almost every state, companies have instituted temporary work from home policies—or have been instructed by government authorities to institute such policies—in response to the coronavirus (COVID-19), in an effort to “flatten the curve” and stop the spread of the virus.  In so doing, companies that regularly employ H-1B and E-3 visa holders may need to review and revise compliance […]
- [How The Coronavirus Is Affecting "Gig Workers"](https://helpdesksuites.com/2020/04/13/how-the-coronavirus-is-affecting-gig-workers/): Hey Compliance Warriors! This article is a great read and really highlights some of the issues that need to be addressed when it comes to employees and economic hardship. Obviously nobody ever wants another large-scale shutdown to happen like it is currently, but if it does, what will we learn from it happening right now to make sure the next one isn’t so economically catastrophic? Read on… Article Via: lexology.com “COVID-19 has highlighted that during times of crisis the underlying difference in the way gig-economy workers and traditional employees are treated needs to be addressed. Samantha Gilbert looks at why companies […]
- [California COVID-19 Related Laws and Ordinances are Increasing](https://helpdesksuites.com/2020/04/13/california-covid-19-related-laws-and-ordinances-are-increasing/): Hey Compliance Warriors! California COVID-19 related laws are changing and being “added-on” daily. Check out some of the latest information. Read on…
- [U.S. DEPARTMENT OF LABOR PUBLISHES LATEST GUIDANCE REGARDING PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM](https://helpdesksuites.com/2020/04/13/u-s-department-of-labor-publishes-latest-guidance-regarding-pandemic-emergency-unemployment-compensation-program/): Hey Compliance Warriors! The U.S. Department of Labor’s Employment and Training Administration (ETA) today announced the publication of Unemployment Insurance Program Letter (UIPL) 17-20, which provides further guidance to states as they implement the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including the Pandemic Emergency Unemployment Compensation (PEUC) program. Read on…
- [U.S. DEPARTMENT OF LABOR ISSUES ENFORCEMENT GUIDANCE FOR RECORDING CASES OF COVID-19](https://helpdesksuites.com/2020/04/13/u-s-department-of-labor-issues-enforcement-guidance-for-recording-cases-of-covid-19/): Hey Compliance Warriors!  The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued interim guidance for enforcing OSHA’s recordkeeping requirements (29 CFR Part 1904) as it relates to recording cases of COVID-19. Read on…
- [New York Enacts Statewide Sick Leave Law](https://helpdesksuites.com/2020/04/13/new-york-enacts-statewide-sick-leave-law/): Hey Compliance Warriors! New York State Governor Andrew Cuomo has signed a comprehensive budget bill that amends the New York Labor Law to require all New York employers to provide paid or unpaid sick leave to their employees.  Read on…
- [EEOC ISSUES UPDATED COVID-19 TECHNICAL ASSISTANCE PUBLICATION](https://helpdesksuites.com/2020/04/09/eeoc-issues-updated-covid-19-technical-assistance-publication/): Hey Compliance Warriors! The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic. Read on…
- [Supreme Court Deals Employers A Win In § 1981 Claims](https://helpdesksuites.com/2020/04/08/supreme-court-deals-employers-a-win-in-%c2%a7-1981-claims/): In an effort to take a brief reprieve from the pandemic that has literally swept the nation, this week, we are going to take a look at a Supreme Court decision that was handed down on March 23, 2020. In Comcast Corp. v. National Association of African American-Owned Media et al., the United States Supreme Court held that the “but-for” causation standard applies to racial bias claims under §1981 of the Civil Rights Act of 1866. The decision is a win for employers, as it means that §1981 plaintiffs must prove that but for race, the defendant would not have made […]
- [U.S. DEPARTMENT OF LABOR PUBLISHES NEW CORONAVIRUS OSHA POSTER](https://helpdesksuites.com/2020/04/07/u-s-department-of-labor-publishes-new-osha-poster-aimed-at-reducing-workplace-exposure-to-the-coronavirus/): Hey Compliance Warriors! The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued a new poster listing steps all workplaces can take to reduce the risk of exposure to coronavirus. Read on…
- [U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE FOR RESPIRATORY PROTECTION DURING N95 SHORTAGE DUE TO COVID-19 PANDEMIC](https://helpdesksuites.com/2020/04/03/u-s-department-of-labor-issues-guidance-for-respiratory-protection-during-n95-shortage-due-to-covid-19-pandemic/): Hey Compliance Warriors! The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued interim enforcement guidance to help combat supply shortages of disposable N95 filtering face piece respirators (N95 FFRs). The action marks the department’s latest step to ensure the availability of respirators and follows President Donald J. Trump’s Memorandum on Making General Use Respirators Available. Read on…
- [What Can Employers Ask and Disclose About the Coronavirus? EEOC Has Answers.](https://helpdesksuites.com/2020/04/03/what-can-employers-ask-and-disclose-about-the-coronavirus-eeoc-has-answers/): Hey Compliance Warriors! As employers, we tend to feel like we have to know EVERYTHING going on with our employees. But frankly, there are questions we can and can’t ask, and an employer can get into some BIG trouble for saying the wrong thing. Well the EEOC has made an official video about the do’s and don’t of this subject. The video is the full in-depth overview the EEOC provided, while the article is an abbreviated explanation of some common questions. Read on… Article Via: globest.com “The coronavirus pandemic has upended workplaces across industries, flooding labor and employment lawyers with questions […]
- [U.S. DEPARTMENT OF LABOR ANNOUNCES NEW PAID SICK LEAVE AND EXPANDED FAMILY AND MEDICAL LEAVE IMPLEMENTATION](https://helpdesksuites.com/2020/04/01/u-s-department-of-labor-announces-new-paid-sick-leave-and-expanded-family-and-medical-leave-implementation/): Hey Compliance Warriors! The U.S. Department of Labor today announced new action regarding how American workers and employers will benefit from the protections and relief offered by the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA). The department’s Wage and Hour Division (WHD) posted a temporary rule issuing regulations pursuant to this new law, effective today, April 1, 2020.  Read on…
- [States Begin to Modify Their Mini-WARN Statutes](https://helpdesksuites.com/2020/04/01/states-begin-to-modify-their-mini-warn-statutes/): The Workers Adjustment and Retraining Notification (“WARN”) Act requires employers with over 100 employees to follow certain notice requirements when laying off employees. 20 C.F.R. 693.6.  WARN requires employers with 100 employees or more to give affected workers at least 60 days’ notice of any plant closing or mass layoff, with exceptions for, among others, “unforeseeable business circumstances.” In short, a “plant closing” occurs when a facility is closed for 60 or more days, and a mass layoff occurs when a layoff, lasting at least six months, affects either: 500 or more workers, or at least 33% of the workforce when the […]
- [USCIS Suspends Appointments & Closes Offices](https://helpdesksuites.com/2020/04/01/uscis-suspends-appointments-closes-offices/): Hey Compliance Warriors! At this point, we’re all too familiar with the ramifications of COVID-19 on our world. As of a few days ago, the Citizenship and Immigration Services in the US have suspended activities in their offices, putting one more brick in the proverbial wall every country seems to be building around itself in this time of crisis. Read on… Article Via: hrlegalist.com “U.S. Citizenship and Immigration Services has announced that, effective immediately, it is temporarily closing many of its offices and in-person services. Please see here for specific details and up to date information on this and specific field office […]
- [IRS: Employee Retention Credit available for many businesses financially impacted by COVID-19](https://helpdesksuites.com/2020/03/31/irs-employee-retention-credit-available-for-many-businesses-financially-impacted-by-covid-19/): Hey Compliance Warriors! The Treasury Department and the Internal Revenue Service today launched the Employee Retention Credit, designed to encourage businesses to keep employees on their payroll. The refundable tax credit is 50% of up to $10,000 in wages paid by an eligible employer whose business has been financially impacted by COVID-19.  Read on…
- [Everify SELF CHECK HAS NEW TNC FEATURES!](https://helpdesksuites.com/2020/03/31/everify-self-check-has-new-tnc-features/): Hey Compliance Warriors! Users who receive a TNC and choose to resolve now have eight (8) federal working days to take action. A system-generated Further Action Notice (FAN) and a Referral Date Confirmation letter will be issued to the user as proof their case has been referred to either DHS, SSA or both. Read on…
- [DHS grants flexibility for Form I-9 compliance](https://helpdesksuites.com/2020/03/31/dhs-grants-flexibility-for-form-i-9-compliance/): Hey Compliance Warriors! Since the COVID-19 has everyone worldwide in crunch overtime problem-solving mode, a new regulation was given to us by the DHS regarding I-9 compliance. These measures are temporary but will no doubt help cut businesses some slack in a time when we could use a little. Read on… Article Via: ice.gov “Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland Security (DHS) announced today that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the […]
- [How Hackers Are Taking Advantage Of The COVID-19 Epidemic](https://helpdesksuites.com/2020/03/30/how-hackers-are-taking-advantage-of-the-covid-19-epidemic/): Hey Compliance Warriors! I wanted to share today an article involving the security of your business! There seems to be a large uptick in cybersecurity issues, as the passing of information over the internet goes up with everyone being at home. This article provides some great tips to avoid these potential threats and keep yourself safe! Read on… Article Via: fisherphillips.com “As people across the world react to the rapid spread of COVID-19, a new threat is emerging; individuals and employers face a risk from hackers trying to take advantage of the demand for information. Hackers have begun using fake government […]
- [Paycheck Protection Program, a SBA Loan Program: CARES ACT](https://helpdesksuites.com/2020/03/28/paycheck-protection-program-a-sba-loan-program-cares-act/): Hey Compliance Warriors! The Coronavirus Aid, Relief and Economic Security Act  – also known as CARES – became law containing an unprecedented level of emergency funds and tax credits for individuals, families, and businesses affected by the coronavirus pandemic. Read on…
- [DOL Issues 3 New Opinion Letters](https://helpdesksuites.com/2020/03/26/dol-issues-3-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced three new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. Read on… The opinion letters issued today are: FLSA2020-3: Addressing excludability of longevity payments from the regular rate of pay. FLSA2020-4: Addressing excludability of referral bonuses from the regular rate of pay. FLSA2020-5: Addressing excludability of an employer’s contributions to a group-term life […]
- [Families First Coronavirus Response Act: Questions and Answers About Posters](https://helpdesksuites.com/2020/03/25/families-first-coronavirus-response-act-questions-and-answers-about-posters/): Hey Compliance Warriors! Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.  Read on… Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA) Federal Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA) Where do I post this notice? Since […]
- [Families First Coronavirus Response Act: Questions and Answers](https://helpdesksuites.com/2020/03/25/families-first-coronavirus-response-act-questions-and-answers/): Hey Compliance Warriors! As provided under the legislation, the U.S. Department of Labor will be issuing implementing regulations. Additionally, as warranted, the Department will continue to provide compliance assistance to employers and employees on their responsibilities and rights under the FFCRA.  UPDATED 3.28.2020    Read on… DEFINITIONS “Paid sick leave” – means paid leave under the Emergency Paid Sick Leave Act. “Expanded family and medical leave” – means paid leave under the Emergency Family and Medical Leave Expansion Act. QUESTIONS & ANSWERS What is the effective date of the Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act […]
- [Families First Coronavirus Response Act: Employer Expanded Family and Medical Leave Requirements](https://helpdesksuites.com/2020/03/24/families-first-coronavirus-response-act-employer-expanded-family-and-medical-leave-requirements/): Hey Compliance Warriors! The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with expanded family and medical leave for specified reasons related to COVID-19.[1] The Department of Labor’s (Department) Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. These provisions will apply from the effective date through December 31, 2020. Read on… Generally, the Act provides that covered employers must provide to all employees:[2] Two weeks (up to 80 hours) of expanded family and medical leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined […]
- [Families First Coronavirus Response Act (FFCRA): Be a Part of the Solution](https://helpdesksuites.com/2020/03/23/families-first-coronavirus-response-act-ffcra-be-a-part-of-the-solution/): Hey Compliance Warriors! Are you frustrated because you need more answers and support from DOL regarding the new Families First Coronavirus Response Act (FFCRA)? Are you ready to become a part of the solution?  Read on… The U.S. Department of Labor will be hosting a national online dialogue to provide employers and employees with an innovative opportunity to offer their perspective as the Department develops compliance assistance materials and outreach strategies related to the implementation of the Families First Coronavirus Response Act (FFCRA).   The ideas and comments gathered from this dialogue will inform compliance assistance guidance, resources, and tools, as well […]
- [Furlough and Layoff FAQs from the DOL](https://helpdesksuites.com/2020/03/21/furlough-and-layoff-faqs-from-the-dol/): Hey Compliance Warriors! The following information is intended to answer some of the most frequently asked questions that have arisen when private and public employers require employees to take furloughs and to take other reductions in pay and / or hours worked as businesses and State and local governments adjust to economic challenges. Read on…
- [Families First Coronavirus Response Act Key Takeaways](https://helpdesksuites.com/2020/03/20/families-first-coronavirus-response-act-key-takeaways/): Hey Compliance Warriors! Today the U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (Labor) announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees. This relief to employees and small and midsize businesses is provided under the Families First Coronavirus Response Act (Act), signed by President Trump on March 18, 2020.The Act will help the United States combat and defeat COVID-19 by giving all American businesses with fewer than 500 employees […]
- [What You Should Know About the ADA, the Rehabilitation Act, and COVID-19](https://helpdesksuites.com/2020/03/20/what-you-should-know-about-the-ada-the-rehabilitation-act-and-covid-19/): Hey Compliance Warriors! The EEOC enforces workplace anti-discrimination laws including the Americans with Disabilities Act (ADA) and the Rehabilitation Act, including the requirement for reasonable accommodation and rules about medical examinations and inquiries.   Read on… Updated on March 19, 2020 The ADA and Rehabilitation Act rules continue to apply, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19. Employers should remember that guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the […]
- [DHS announces flexibility in requirements related to Form I-9 compliance](https://helpdesksuites.com/2020/03/20/dhs-announces-flexibility-in-requirements-related-to-form-i-9-compliance/): Hey Compliance Warriors! Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland Security (DHS) announced today that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA). Read on…
- [FLSA Verdict Against Martina McBride’s Production Company](https://helpdesksuites.com/2020/03/20/flsa-verdict-against-martina-mcbrides-production-company/): Hey Compliance Warriors! This is a wild ride of a retaliation suit. Spanning several years and multiple incidents, this is a good lesson in the do’s and don’ts of having unpaid interns on staff. Read on… Article Via: employmentlawinsights.com “A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor Standards Act (FLSA). The Facts Martina McBride and her husband, John, own Blackbird Studios, which hired Richard Hanson as its operations manager in 2012. According to the decision […]
- [Do You Need To Keep OSHA Logs?](https://helpdesksuites.com/2020/03/20/do-you-need-to-keep-osha-logs/): Hey Compliance Warriors! Are you OSHA compliant? Today, we’re going to find out! Here’s an article on one aspect of being safe from OSHA fines. Read on… Article Via: fisherphillips.com “The Occupational Safety and Health Act (“OSH Act”) requires covered employers to meet several reporting requirements to prove compliance. At this time of the year, many covered employers have posted (or should have posted) OSHA Form 300A for injuries and illnesses that occurred in 2019. Covered employers are also preparing to electronically submit Form 300A summary data to OSHA by March 2. Inevitably, compliance with OSHA’s reporting rules leads to employer […]
- [Telework and Telecommuting Series - Pt.10](https://helpdesksuites.com/2020/03/20/telework-and-telecommuting-series-pt-10/): Hey Compliance Warriors! Welcome to the last part of the series. We’ll go over some additional challenges to think about daily when you’re working from home and what they could mean for you. Read on…   Part Ten: Additional Challenges Many factors such as communication and organization can cause problems on a team of teleworkers, but there are many other things that can cause a challenge in the ‘office environment’. Some of them can be addressed beforehand and can even try to be prevented. Others, however, can occur suddenly and can range in severity. The key is to help employees be prepared […]
- [Telework and Telecommuting Series - Pt.9](https://helpdesksuites.com/2020/03/20/telework-and-telecommuting-series-pt-9/): Hey Compliance Warriors! This is part two of our communication discussion. We’ll continue to look at some really important points to consider. Because we don’t just need to consider our work communication, but the people we live with, too. Read on…   Tired of doing hours of research? With HelpDesk Deluxe Suite you will have all the tools you need with unmatched support. Or, simply ask us any questions and let us do the research for you! More info Part Nine: Communication Sometimes even when we learn how to effectively communicate, we can forget to put what we’ve learned into action. […]
- [Telework and Telecommuting Series - Pt.7](https://helpdesksuites.com/2020/03/19/telework-and-telecommuting-series-pt-7/): Hey Compliance Warriors! This is the second part of our organizing and planning section. There are many things to consider when we’re getting set up to work a home office, so let’s go over a few more of them. Read on…   Part Seven: Organizing and Planning Organizing our home office or other work space can have great benefits for our productivity. When we organize and plan for the physical space, we are able to access our materials sooner and do not waste time trying to sift through them. When we organize our workflow, our productivity runs smoother and we’re able to […]
- [Telework and Telecommuting Series - Pt.8](https://helpdesksuites.com/2020/03/19/telework-and-telecommuting-series-pt-8/): Hey Compliance Warriors! This section will go over communication and why it’s vitally important to your productivity. We don’t want to be doing overlapping work or change up projects and not know about it, right? Read on…   Part Eight: Communication Communication is one of the most important tools in the workplace. Whether in the same office or several miles apart in remote locations, communication is the key to having a successful team. With so many options available in the workplace (email, instant message, phone calls), the team should be aware of the best way to communicate with each other and […]
- [STATES BEGIN TO EXPAND UNEMPLOYMENT BENEFITS IN RESPONSE TO COVID-19](https://helpdesksuites.com/2020/03/19/states-begin-to-expand-unemployment-benefits-in-response-to-covid-19/): With all of the recent negative news, its nice to see that our federal government is taking steps to help ease the county’s economic strife. According to the U.S. Department of Labor Unemployment Insurance Program Letter No. 10-20, states can pay unemployment insurance benefits to workers who miss time on the job because of the spread of the new coronavirus and efforts to combat it. Last week, the Department of Labor released guidance to states on how they can amend their laws to offer jobless benefits to workers impacted by Covid-19, the disease also known as the coronavirus. The Labor Department […]
- [Telework and Telecommuting Series - Pt.5](https://helpdesksuites.com/2020/03/18/telework-and-telecommuting-series-pt-5/): Hey Compliance Warriors! Because time management is so important, we’ve divided it into two sections. This is a continuation of the previous article. Read on…   Tired of doing hours of research? With HelpDesk Deluxe Suite you will have all the tools you need with unmatched support. Or, simply ask us any questions and let us do the research for you! More info Part Five: Time Management Effective time management can have many benefits for any employee. Teleworkers and virtual teams can benefit even more from these skills since they are responsible for managing their own time and assignments. By understanding […]
- [Telework and Telecommuting Series - Pt.6](https://helpdesksuites.com/2020/03/18/telework-and-telecommuting-series-pt-6/): Hey Compliance Warriors! We don’t want to just “wing it” when it comes to our livelihood. Having a plan and keeping organized can be a big help to all of us working from home. Even if you don’t have physical paperwork to keep track of, having your E-files properly sorted in your computer, etc. can be a big help. Read on…   Part Six: Organizing and Planning Keeping track of our office activities helps us make efficient use of our time and can keep us focused throughout our assignments. For teleworkers, organizing and planning their work days plays a big part in […]
- [New Jersey Employers Required To Offer Pre-Tax Transportation Benefit](https://helpdesksuites.com/2020/03/18/new-jersey-employers-required-to-offer-pre-tax-transportation-benefit/): Hey Compliance Warriors! A very interesting new employee benefits law has been enacted in New Jersey. A pretty succinct explanation is detailed below. Read on… Article Via: haynesboone.com New Jersey enacted Senate Bill No. 1567 (the “Senate Bill”), which requires every employer in New Jersey that employs at least 20 persons, excluding employees covered by a collective bargaining agreement, to offer a pre-tax transportation fringe benefit to all of its employees in New Jersey, effective as of March 1, 2020. A pre-tax transportation fringe benefit allows an employee to set aside wages on a pre-tax basis to purchase eligible transportation services, […]
- [COVID-19 in the Workplace: Key HR Issues](https://helpdesksuites.com/2020/03/17/coronavirus-in-the-workplace-key-hr-issues/): Hey Compliance Warriors! The spread of the novel coronavirus (COVID-19) has gone from a handwashing and elbow-bumping conversation to the most significant workplace issue we have ever seen. Employers are confronting dilemmas that change every day. Questions regarding how to handle emergency leave, workplace safety and health, furloughs, layoffs, and mandated closing of businesses along-side all the other employment issues that will still be there waiting once this crisis comes to a close. Read on…
- [Helpful Precautions For Employers Vs. Coronavirus](https://helpdesksuites.com/2020/03/17/helpful-precautions-for-employers-vs-coronavirus/): Hey Compliance Warriors! Yes, we had a Coronavirus post last week, but why not another? These are both from different sources but using CDC based materials. With so much threat from the virus surrounding us, we don’t want to create panic, we want to create a plan. If you didn’t see last week’s post, then Read on… Article Via: hr.dickinson-wright.com “It is now impossible to avoid the reality that the coronavirus disease 2019 (COVID-19, the “coronavirus”), is a “public health emergency of international concern,” according to the Centers for Disease Control and Prevention (“CDC”).[i] As of publication, the coronavirus is not spreading in the […]
- [Coronavirus Disease (COVID-19) – FAQs California Labor Commissioner](https://helpdesksuites.com/2020/03/17/coronavirus-disease-covid-19-faqs-california-labor-commissioner/): Hey Compliance Warriors! Here is a nice FAQ from California explaining provisions for COVID-19 issues and how CA employers should handle sick leave and such. Read on…
- [Telework and Telecommuting Series - Pt.1](https://helpdesksuites.com/2020/03/16/telework-and-telecommuting-series-pt-1/): Hey Compliance Warriors! For some people, working from home can seem like a dream opportunity. But they may not realize that this kind of position comes with a great amount of responsibility and challenges. Since these employees are not working in a centralized office, they may have the advantage of having flexible schedules and shorter or no commute, they can have disadvantages when it comes to receiving feedback and being able to communicate with teammates. Read on…   Part One: Core Skills Required As with any job position, certain skills and abilities are needed to be a successful teleworker and member […]
- [Employer Shared Responsibility Payment Not Subject To Statute Of Limitations](https://helpdesksuites.com/2020/03/16/employer-shared-responsibility-payment-not-subject-to-statute-of-limitations/): Hey Compliance Warriors! I know we’re all huge fans of the IRS and the flaming hoops they have us jump through each year to file our taxes. With tax season upon us, here’s a reminder article that may help out. Read on… Article Via: kilpatricktownsend.com “The Internal Revenue Service (IRS)’s Office of Chief Counsel recently issued a memorandum (the “CCM”) announcing that the Employer Shared Responsibility Payment (“Employer Penalty”) under Code Section 4980H is effectively not subject to the Code’s general statute of limitations.  This is unwelcome news to employers who may have thought that by filing Forms 1094 and 1095 they were […]
- [Telework and Telecommuting Series - Pt.2](https://helpdesksuites.com/2020/03/16/telework-and-telecommuting-series-pt-2/): Hey Compliance Warriors! Often we see managers as nothing but a nuisance. Then when we try to manage ourselves, we quickly realize that things can go off the rails if we aren’t disciplined enough. Let’s look into how to handle this situation a bit more. Read on…   Part Two: Self-Management While self-management can mean different things in different fields, for teleworkers it means being able to manage your job duties and responsibilities on your own, with very little supervision from management. This requires a lot of self-discipline and a sense of self-awareness as to what the employee is capable of […]
- [Court Ruling States Salary History Does Not Justify Wage Disparities Between Genders](https://helpdesksuites.com/2020/03/13/court-ruling-states-salary-history-does-not-justify-wage-disparities-between-genders/): Hey Compliance Warriors! Not too long ago we posted an article about wage gap law in Philidelphia and the trend continues. In multiple other places, rulings are being passed of various scopes to eliminate discrimination when it comes to wage gaps. Read On… Article Via: leechtishman.com “On February 27, 2020, the Ninth Circuit Court of Appeals ruled that a female employee’s prior pay history is not a defense to an Equal Pay Act (EPA) claim that a female was paid less than a male for the same work. The 9th Circuit now follows the holding of the majority of circuits to limit the affirmative defense of “factors […]
- [COVID-19 Impact On OSHA Enhanced Abatements](https://helpdesksuites.com/2020/03/13/covid-19-impact-on-osha-enhanced-abatements/): Hey Compliance Warriors! Part of being audit secure is looking at an issue from every angle. Even if that issue hasn’t arisen yet, we can always do our best to be prepared for a situation to arise. This article brings out one such potential problem. Read on… Article Via: oshachronicle.com “It is not unusual for OSHA to request “enhanced abatements” when resolving citations. Enhanced abatement is when an employer agrees to perform certain abatement actions beyond the recognized hazard in the specifically cited standard. For example, if an employer receives a machine guarding citation for failure to guard machine A, OSHA […]
- [COVID-19 Ted Talk Given By Alanna Shaikh](https://helpdesksuites.com/2020/03/12/covid-19-ted-talk-given-by-alanna-shaikh/): Hey Compliance Warriors! This is a wonderful video that we can all glean something from. It includes some large scale and small scale solutions about COVID-19, goes into a reasonably simple but informative explanation of the virus and what it can do to you, and more. There are some subtle viewpoints that people may disagree with, but Alanna is an expert on these situations and has some great insights for everyone to think about. Watch on… About LISA SMITH Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and […]
- [Telework and Telecommuting Series - Pt.4](https://helpdesksuites.com/2020/03/12/telework-and-telecommuting-series-pt-4/): Hey Compliance Warriors! Time management can be difficult for anyone. It’s most often the quality people in the workforce are told they need to improve upon. We know our work lives can be chaotic WITHOUT the distractions of home life put into the mix, but let’s see how we can manage both. Read On…   Part Four: Time Management Proper time management is a choice that we all have to make in our professional and personal lives. Managing our time successfully can make the difference between completing projects and falling behind in our duties and activities, which can lead to disciplinary […]
- [Telework and Telecommuting Series - Pt.3](https://helpdesksuites.com/2020/03/12/telework-and-telecommuting-series-pt-3/): Hey Compliance Warriors! A continuation of the necessary skills and discipline for self-management. We might think working from home will be the same as office life, but you’ll quickly learn that is can be (and usually is) a very different experience. Read on… Part Three: Self-Management Self-management can cover a wide range of aspects and situations. Self-discipline plays a large factor in how we handle our everyday activities and actions. Often times we may ignore what needs to be fixed first since we do not want to admit our own faults or shortcomings. But a part of self-discipline is being able […]
- [Coronavirus and Commercial Contracts](https://helpdesksuites.com/2020/03/11/coronavirus-and-commercial-contracts/): As you may have heard, Coronavirus (COVID-19) is sweeping the country – and not in a good way. There has been plenty of discussions about working remotely and health precautions around the office. But, it’s also important to remember that Coronavirus may impact your commercial contracts as well. If you have not yet begun to think about the Coronavirus’s potential impact, now is the time to start planning. The first place to look is your contract’s Force Majeure provision. “Force Majeure” is the provision in a contract that defines occurrences that are outside and beyond the control of the parties (acts […]
- [Paid Sick Leave Made Mandatory In Pittsburgh](https://helpdesksuites.com/2020/03/11/paid-sick-leave-made-mandatory-in-pittsburgh/): Hey Compliance Warriors! Not too long ago, I’d posted an article on this subject. This article, however, goes into the details of the newly enacted law. As the title suggests starting March 15th it will be a requirement for Pittsburgh employers to provide sick leave for their employees. Obviously, this law is not without its caveats, which are discussed in the following article. Read on… Article Via: leechtishman.com “After more than four years of legal challenges, the city of Pittsburgh’s Paid Sick Days Act becomes effective March 15, 2020. “The Ordinance guarantees an opportunity for covered employees to acquire paid sick time […]
- [DOL / OSHA Publishes COVID-19 (Coronavirus) Guidance for Employers](https://helpdesksuites.com/2020/03/11/dol-osha-publishes-covid-19-coronavirus-guidance-for-employers/): Hey Compliance Warriors! The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today published “Guidance on Preparing Workplaces for COVID-19” to help companies respond in the event of coronavirus in the workplace. The guidance was developed in collaboration with the U.S. Department of Health & Human Services (HHS). Read on…
- [Let’s Take a Walk on the Insurance Side](https://helpdesksuites.com/2020/03/10/lets-take-a-walk-on-the-insurance-side/): Generally, this weekly post is somewhat related to the realm of Employment Law or HR topics. However, this week I decided to take a brief jump over into the realm of Insurance Law – primarily because I thought this recent case out of the United States District Court Western District of Texas El Paso Division was interesting. In summary, in Pease v. State Farm Lloyds, the court granted State Farm’s motion to dismiss Pease’s claim for damages following his own injury, which occurred on his property. To dig into the facts a bit, in Pease, State Farm issued a businessowners liability […]
- [CDC Given Tips To Combat The Coronavirus](https://helpdesksuites.com/2020/03/10/cdc-coronavirus-tips-for-employers/): Hey Compliance Warriors! There’s been a lot of misinformation and undue panic spread around about COVID-19, aka the Coronavirus. Thankfully the CDC is on top of things as usual and is putting out tips and information for employers to stay on top of the threat of a possible outbreak. Remember – washing your hands is more important and effective than hand sanitizer! Read on… Article Via: shawe.com “Last month, pending official guidance for employers from the Centers for Disease Control on how to address Coronavirus (which has now been named COVID-19), we provided recommendations to employers in our January Top Tip […]
- [Final Joint Employer Ruling On Independent Contractor Misclassification Claims](https://helpdesksuites.com/2020/03/09/final-joint-employer-ruling-on-independent-contractor-misclassification-claims/): Hey Compliance Warriors! We posted about joint employer rulings now too long ago, and this is the final update on the subject. This looks to be favorable to employers by minimizing liability in certain situations, but the article goes into more specifics on the subject. Read on…   Article Via: independentcontractorcompliance.com “Many companies that operate their businesses on an independent contractor model or supplement their workforce with ICs may be wondering if they will be impacted by the U.S. Department of Labor’s final rule on joint employer status, which was informally released today.  They are likely asking, “Does this final rule […]
- [How To Properly Terminate An Employee - Blog Series Pt.10](https://helpdesksuites.com/2020/03/06/how-to-properly-terminate-an-employee-blog-series-pt-10/): Hey Compliance Warriors! It’s time for the final part of our blog series. We hope you’ve enjoyed the information presented and found it helpful. The final part will detail how to conduct an exit interview, even after the termination process. Tired of doing hours of research? With HelpDesk Deluxe Suite you will have all the tools you need with unmatched support. Or, simply ask us any questions and let us do the research for you! More info Chapter Ten: Conduct Effective Exit Interviews    An exit interview is typically completed when an employee leaves voluntarily or is part of a company […]
- [Should Employers Foot The Bill For Medical Marijuana?](https://helpdesksuites.com/2020/03/06/should-employers-foot-the-bill-for-medical-marijuana/): Hey Compliance Warriors! It seems like at least once a week we find new and interesting information in the world of medical marijuana and employment law. Of course, this continues to be a growing area of legal mayhem as new laws are implemented, and this week’s topic point continues that tradition. Read on…   Article Via: laboremploymentreport.com “Apparently yes – at least in New Jersey. In Hager v. M&K Construction, a New Jersey state appellate court recently affirmed a workers’ compensation judge’s order for an employer to reimburse a former employee for his use of medical marijuana for chronic pain following […]
- [How To Properly Terminate An Employee - Blog Series Pt.9](https://helpdesksuites.com/2020/03/05/how-to-properly-terminate-an-employee-blog-series-pt-9/): Hey Compliance Warriors! Part nine of our series is a continuation of what we need to avoid to conduct a successful termination meeting with an employee. Because there are so many possible outcomes that can transpire when we fire someone, we need to do everything we can to make the transition as seamless and painless as possible to minimize any potential blowback.   Part Nine: The “Don’ts” of Firing an Employee – Section II    Once an employee has been told they are fired, many managers believe that is the end of the process.  However, there are still many factors to cover […]
- [COVID-19 aka Corona Virus Guide for Employers](https://helpdesksuites.com/2020/03/04/covid-19-aka-corona-virus-guide-for-employers/): Hey Compliance Warriors! So, the big questions of the week are pertaining to COVID-19 aka Corona Virus. Issues like pay and closings and protections and OSHA are all the rage right now. To get your answers, Read on…
- [How To Properly Terminate An Employee - Blog Series Pt.8](https://helpdesksuites.com/2020/03/04/127924/): Hey Compliance Warriors! We’re onto part eight of our blog series. A less on the pitfalls to avoid when terminating an employee. There are too many ways that an employee can retaliate against an employer when terminated. Whether it be as simple as leaving a poor review on sites like Glassdoor, or outright suing the employer for wrongful termination. Let’s outline the first part of how to avoid these outcomes.   Part Eight: The “Don’ts” of Firing an Employee – Section I    When preparing to fire an employee, some of us flash back into the movies where the boss walks in, […]
- [Wendy’s Faces Multiple Child Labor Violations](https://helpdesksuites.com/2020/03/04/wendys-all-the-goodness-but-hold-the-alleged-child-labor-violations/): Hey Compliance Warriors! Here’s an article about something many employers need to look out for – child labor violations. They can vary from state to state and get a little complicated. This case should help any employer that may be in a position to be affected brush up on their knowledge of the subject. Read on…   Article Via: stateagreport.com Labor & Employment “Wendy’s: All the Goodness, But Hold the Alleged Child Labor Violations Massachusetts AG Maura Healey reached a settlement with fast food restaurant chain Wendy’s International LLC (“Wendy’s”) to resolve allegations that Wendy’s labor practices violated Massachusetts child labor laws. According […]
- [How To Properly Terminate An Employee - Blog Series Pt.7](https://helpdesksuites.com/2020/03/03/how-to-properly-terminate-an-employee-blog-series-pt-7/): Hey Compliance Warriors! We’ll be discussing part seven of our employee termination series. This is an important part of post-termination that should be handled pre-termination. Security risks, amongst other things, need to be considered before the termination discussion is held. “It isn’t making mistakes that’s critical. It’s correcting them and getting on with the principal task.”    -Donald Rumsfeld Part Seven: What an Employment Termination Checklist Should Contain    One of the most helpful tools when preparing to fire an employee is the use of a termination checklist, which is usually covered during a termination meeting.  This list helps the employee […]
- [Vlog: Impact Of New Illinois State Laws](https://helpdesksuites.com/2020/03/03/vlog-impact-of-new-illinois-state-laws/): Hey Compliance Warriors! Today we’ve got a Vlog for you to take a break from all that reading. Jerry Maatman and Alex Karasik will discuss some new laws affecting Illinois employers. I’d say read on, but there’s nothing to read so…Watch on? Video Via: workplaceclassaction.com For More Information Follow This Link   About LISA SMITH Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more in her Compliance Warriors Facebook Group.
- [How To Properly Terminate An Employee - Blog Series Pt.6](https://helpdesksuites.com/2020/03/02/how-to-properly-terminate-an-employee-blog-series-pt-6/): Hey Compliance Warriors! We’re bringing you part six of our blog series! This is a continuation of the correct way to fire an employee, the way we act during the termination discussion, and the post-termination practices we should consider implementing.   Part Six: The Correct Way to Fire an Employee – Section II    Having to fire an employee is a task every manager wishes they could avoid.  Sometimes no matter how often or how much you’ve spoken with the employee about their performance, they still do not believe they are able to be fired.  But when the time comes, the manager […]
- [Changes To The I-9 Are Here - Act Fast!](https://helpdesksuites.com/2020/03/02/changes-to-the-i-9-are-here-act-fast/): Hey Compliance Warriors! A short and sweet – but very important article here about changes to the I-9 form for 2020. Every employer should read this over to make sure they’re taking steps to stay audit secure! Article Via: nexsenpruet.com “On Jan. 31, 2020, U.S. Citizenship and Immigration Services (USCIS) published a new Form I-9, Employment Eligibility Verification Form, version date of “Rev. 10/21/2019,” that all employers must begin using on May 1, 2020. Until then, employers may continue using the current version of Form I-9 (Rev. 07/17/2017 N), which will provide companies several months to make necessary updates to their […]
- [SBS 302: Avoiding COVID-19 Scams](https://helpdesksuites.com/2020/08/11/sbs-302-avoiding-covid-19-scams/): Hey Compliance Warriors! We’ve seen time and time again, with many disasters in the world. There will be people that try to help, and there will be people who try to profit. Unfortunately there are plenty of scammers in the world that will try to get your money or your personal information. Today we’ll discuss the types of scams you might see surrounding COVID-19. Read or Listen on… Enjoy! Don’t forget to rate, review, and subscribe on Apple Podcasts, Spotify, or Stitcher! Enjoy and until next time, Be Audit Secure! To learn more about our services click the links below. HelpDesk […]
- [BREAKING NEWS: President Trump Signs 4 Executive Orders](https://helpdesksuites.com/2020/08/10/breaking-news-president-trump-signs-4-executive-orders/): Hey Compliance Warriors! Over the weekend, President Trump announced he was postponing payroll taxes through the end of the year, extending the unemployment supplement at the rate of $400 a week, helping people stave off eviction, and waiving student loan payments through the end of 2020. The details are not as simple as they might sound. Read on…
- [BREAKING NEWS: CDC Launches New Guidance for Masks and Face Shields](https://helpdesksuites.com/2020/08/10/breaking-news-cdc-launches-new-guidance-for-masks-and-face-shields/): Hey Compliance Warriors! On August 7th, 2020, the CDC issued updated guidance on wearing masks, masks with the exhalation valve or vent, and face shields. Read on…
- [Are Your Employees Using Good Judgment?](https://helpdesksuites.com/2020/08/07/are-your-employees-using-good-judgment/): Hey Compliance Warriors! Are Your Employees Using Good Judgment? Sometimes you have to shake your head and walk away. The employee who decides it would be fun to drive the company’s forklift to pick up his lunch, a mile away. The employee who gives free food to all her friends because no one else was there. The supervisor who takes his team to strip joint to celebrate because and I quote, “They have the best wings.” The employee who body shames a customer because of the food they bought in the checkout line. The employee who determines it is reasonable to […]
- [COVID-19 Face Covering Requirements by State - August 6th 2020 Update](https://helpdesksuites.com/2020/08/07/covid-19-face-covering-requirements-by-state-august-6th-2020-update/): Hey Compliance Warriors! States are updating their face covering requirements and suggested practices regularly. Here is a chart of testing requirements by state as of August 6th, 2020. Read on…
- [COVID-19 Testing Requirements by State - August 6th 2020 Update](https://helpdesksuites.com/2020/08/07/covid-19-testing-requirements-by-state-august-6th-2020-update/): Hey Compliance Warriors! States are updating their testing requirements and suggested practices regularly. Here is a chart of testing requirements by state as of August 6th, 2020. Read on…
- [DOL Poster Rules & Why They Matter More In 2020](https://helpdesksuites.com/2020/08/06/dol-poster-rules-why-they-matter-more-in-2020/): Hey Compliance Warriors! Often employers don’t realize the legal obligations and just the practical benefits of having these posters easily accessible to all employees. Let’s talk about the why. For starters, there’s the money side of the coin. There are plenty of fines that Uncle Sam will happily let you pay for failing to make the most up-to-date- versions of ALL required posters available to ALL of your employees. Then there’s the other side of the coin, which also involves money—just a lot more of it. If your employees aren’t aware of their rights and you make no effort to inform them, […]
- [FFCRA: What Does the Recent US District Court Decision Mean for Employers?](https://helpdesksuites.com/2020/08/05/ffcra-what-does-the-recent-us-district-court-decision-mean-for-employers/): On Monday, August 3, 2020, the U.S. District Court for the Southern District of New York vacated several employer friendly provisions of the U.S. Department of Labor’s (DOL) “Final Rule” regarding the Families First Coronavirus Response Act (“the Act” or “FFCRA”). In the decision, the Court addresses four provisions of the Final Rule: (1) the “work availability” requirement; (2) the definition of “health care providers” who may be excluded from FFCRA eligibility; (3) the requirement for employer consent to intermittent leave; and (4) the advance documentation requirements. At this point, the impact of this decision is unclear. If the decision stands […]
- [NLRB Changes Stance: Abusive Speech No Longer Tolerated](https://helpdesksuites.com/2020/08/04/nlrb-changes-stance-abusive-speech-no-longer-tolerated/): Hey Compliance Warriors! I know what you’re thinking. When was abusive speech ever tolerated in the workplace? Well, it isn’t tolerated in just ANY situation. However, in certain circumstances, it was up until about a week ago when the NLRB (National Labor Relations Board) modified its standards on several subjects. Specifically, Section 7 of the NLRB has been a haven for ex-employees in allowing this type of speech. Multiple cases where employees were terminated for hateful speech either in person or via social media had invoked the rights of Section 7 to have their day in court. If you’re unfamiliar with […]
- [BREAKING NEWS: New York District Court Vacates Parts of FFCRA Regulations Including Healthcare Provider Definition](https://helpdesksuites.com/2020/08/04/breaking-news-new-york-district-court-vacates-parts-of-ffcra-regulations-including-healthcare-provider-definition/): Hey Compliance Warriors! Not long after the Department of Labor (DOL) issued the FFCRA regulations, the state of New York filed a lawsuit challenging some of the provisions.  Yesterday, August 3rd, 2020, the federal district court in New York struck down four provisions in the regulations.  Read on…
- [SBS 301: Working From Home? Perk or No Perk](https://helpdesksuites.com/2020/08/04/sbs-301-working-from-home-perk-or-no-perk/): Hey Compliance Warriors! This weeks podcast is on the topic of working from home. It’s becoming a practical option as the threat of COVID continues through the workplace and beyond. Working from home involves quite a bit of mental discipline, however, and we’ll get into the pros and cons of the subject. Below is also the supplied transcript, so either Read on or listen on…   Transcription: Lisa: It really has been a minute! Mason: It really has, with COVID breaking out and the business world kind of falling into a dark hole. It seems like we had some other things […]
- [BREAKING NEWS: COVID-19 and the Service Contract Act: Questions and Answers](https://helpdesksuites.com/2020/08/03/breaking-news-covid-19-and-the-service-contract-act-questions-and-answers/): Hey Compliance Warriors! Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced guidance for employers with certain federal contracts regarding paid sick leave or expanded family and medical leave under the Families First Coronavirus Relief Act (FFCRA). The guidance provides compliance assistance to employers with service contracts with the federal government covered by the Service Contract Act and federal construction contracts covered by the Davis-Bacon Act. Read on…
- [Requiring Face Masks for Employees in the Workplace](https://helpdesksuites.com/2020/07/31/requiring-face-masks-for-employees-in-the-workplace/): Recently, in light of COVID-19, many people have asked me if they can mandate that their employees wear face masks or coverings in the workplace. Well, the short answer is, yes . .  . generally. A business may implement a workplace policy or rule that requires its employees to wear a face mask or covering and other personal protective equipment (PPE). However, that decision should not be made arbitrarily – instead – the business would want to be able to show a legitimate business reason as to why the rule is in place. Under the current circumstances, requiring the use of […]
- [What Does Workplace Diversity Really Mean?](https://helpdesksuites.com/2020/07/30/what-does-workplace-diversity-really-mean/): Hey Compliance Warriors! Today, I’d like to talk about workplace diversity. Right now, we’re seeing the ramifications of inequality and mistreatment of peoples all over the news and web. Unfortunately, we’ve been seeing it for years, and it’s often gone unattended. What first comes to mind when you think about diversity? It can, like much of the English vernacular, mean different things to different people. Diversity is more than any one definition, however, you’ll be seeing the word “equality” pop up several times in this article. That’s because equality is at the heart of diversity. We can hold mandatory training classes […]
- [Invisible Disabilities & The Returning Workforce](https://helpdesksuites.com/2020/07/28/invisible-disabilities-the-returning-workforce-2/): Hey Compliance Warriors! The days of remote work and zoom meetings are still upon us. However, more and more of the country continues to reopen. As it does, our employees return to work beset by ailments we may have never known they had. In fact, “invisible disabilities” is the technical term used in the ADA to describe the nature of certain afflictions. As experts will attest, COVID-19 can have a different effect on every person with which it interacts. Because of this, we’re seeing individuals with diseases like Asthma or Diabetes fearful of returning to work. These invisible disabilities aren’t limited […]
- [IRS provides guidance on recapturing excess employment tax credits](https://helpdesksuites.com/2020/07/27/irs-provides-guidance-on-recapturing-excess-employment-tax-credits/): Hey Compliance Warriors! The Internal Revenue Service issued a temporary regulation and a proposed regulation to reconcile advance payments of refundable employment tax credits and recapture the benefit of these credits when necessary. Read on…
- [CDC Issues New Guidance for Returning to Work](https://helpdesksuites.com/2020/07/24/cdc-issues-new-guidance-for-returning-to-work/): Hey Compliance Warriors! This week, the CDC announced new guidance for non-healthcare workers who are returning to work. You may be surprised by the changes. Read on…
- [What Employers Need To Know About Mask Policies](https://helpdesksuites.com/2020/07/24/weve-got-you-covered-five-things-every-employer-needs-to-know-about-mask-policies/): Hey Compliance Warriors! It seems like every day we see the divide widen between people who think they don’t need masks, and people who support wearing them. Of course, this is decided upon by cities, states, and so on, but businesses also have the right to choose how they handle things. As long as they do so with care, which is what the proceeding article entails. Read on… Sign up to watch our BossCalls replay recorded July 29th – An up-to-date discussion about COVID-19 & it’s workplace impacts. Learn More & Sign Up Here Article Via: icemiller.com “With government and public […]
- [Safety Measures For Heat Illness In The Workplace](https://helpdesksuites.com/2020/07/24/heat-illness-a-phantom-menace-sweatt-blogs-on-safety-measures-and-heat-illness-in-the-workplace/): Hey Compliance Warriors! We’re knee-deep in summer, and with some areas getting record-breaking heat, there’s no doubt that heat-related health issues can arise. To learn more about preventing these illnesses, grab a bottle of water, and Read on… Sign up to watch our BossCalls replay recorded July 29th – An up-to-date discussion about COVID-19 & it’s workplace impacts. Learn More & Sign Up Here Article Via: laborandemploymentlawcounsel.com “We had previously blogged, Heat Illness Strikes Back: Return to Work’s Untold Story, that as we approach the heat of the summer season and as employers begin to return to work (RTW) after months […]
- [Supreme Court Decides Administration Had Authority to Create Exemptions from Contraceptive Requirements for Employers with Religious and Conscientious Objections](https://helpdesksuites.com/2020/07/24/supreme-court-decides-administration-had-authority-to-create-exemptions-from-contraceptive-requirements-for-employers-with-religious-and-conscientious-objections/): In the July 8, 2020 decision, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, the Supreme Court upheld a regulation that permits all employers with a “sincerely held religious or moral objection” to opt out of providing contraceptive coverage in their group health plans. As a bit of background, the Affordable Care Act requires many employers to offer health plans that include, for women, “such additional preventive care and screenings … as provided for in comprehensive guidelines” issued by the Health Resources and Services Administration (HRSA). The statute does not define “preventive care and screenings” and does […]
- [Employer Guidance For Employee Travel & 14-Day Quarantine](https://helpdesksuites.com/2020/07/22/moving-forward-to-the-new-normal-guidance-to-employers-on-employee-out-of-state-travel-and-the-14-day-quarantine/): Hey Compliance Warriors! For more info about traveling under current COVID-19 regulations, we’ve provided this quick Q&A to give employers some additional tips on the matter. Read on… Sign up to watch our BossCalls replay recorded July 29th – An up-to-date discussion about COVID-19 & it’s workplace impacts. Learn More & Sign Up Here Article Via: nutter.com “With summer vacation season upon us and many businesses beginning the process of reopening, many employers are now dealing with employees leaving Massachusetts to travel out of state, potentially to areas of the country that are experiencing surges in COVID-19 cases, which may jeopardize […]
- [BREAKING NEWS: NLRB Modifies Standard for Addressing Offensive Outbursts in the Course of Protected Activity](https://helpdesksuites.com/2020/07/22/breaking-news-nlrb-modifies-standard-for-addressing-offensive-outbursts-in-the-course-of-protected-activity/): Hey Compliance Warriors! In a decision issued today in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020), the National Labor Relations Board modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements—including profane, racist, and sexually unacceptable remarks—in the course of activity otherwise protected under the National Labor Relations Act (Act). Read on…
- [BREAKING NEWS: DHS Extends Form I-9 Requirement Flexibility](https://helpdesksuites.com/2020/07/21/breaking-news-dhs-extends-form-i-9-requirement-flexibility/): Hey Compliance Warriors! The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. Read on…
- [What Can Workers Traveling In Hot Spot COVID-19 Areas Do To Stay Safe?](https://helpdesksuites.com/2020/07/21/best-practices-for-critical-workers-traveling-to-and-from-hot-spot-states/): Hey Compliance Warriors! We’re reopening all across the country and the traveling businessperson is back in action in many ways. But there’s still a chance for the virus to spread and for anyone to get sick because of it. For safety tips for those dedicated traveling workers, Read on… Sign up to watch our BossCalls replay recorded July 29th – An up-to-date discussion about COVID-19 & it’s workplace impacts. Learn More & Sign Up Here Article Via: thompsonhine.com “In the wake of the COVID-19 pandemic, many U.S. states and localities, such as New York, New Jersey, Connecticut and Louisiana, have adopted […]
- [Business Interrupted](https://helpdesksuites.com/2020/07/20/business-interrupted/): A trial court judge in Lansing, Michigan handed a victory to insurers in what may be the nation’s first final ruling on the question of whether a property insurer is liable for financial damages caused by a coronavirus closure order.  See Gavrilides Management Company v. Michigan Insurance Company. This case arose after Michigan’s governor enacted a shelter in place order that restricted business to dine-in only. As a result, Nick Gavrilides, owner of the Soup Spoon cafe in Lansing and The Bistro in nearby Williamston, submitted a claim to Michigan Insurance, a subsidiary of Donegal Group Inc., for $650,000 for business interruption. […]
- [OSHA Continues To Provide Guidance On Getting Back To Work](https://helpdesksuites.com/2020/07/20/osha-provides-additional-guidance-on-returning-to-work/): Hey Compliance Warriors! We’ve been in stages of reopening for several months now, and we’re still being given plenty of helpful information to make sure we’re handling the process properly. OSHA is, of course, known to put forth a constant stream of safety precautions, as well as do’s & don’ts for businesses. To learn more about what safety steps you can take, Read on… Sign up to watch our BossCalls replay recorded July 29th – An up-to-date discussion about COVID-19 & it’s workplace impacts. Learn More & Sign Up Here Article Via: masudafunai.com “As some states begin to reopen after COVID-19 […]
- [Alexandria, VA Provides Updates,Targeted Testing, & Workplace Safety Standards For COVID-19](https://helpdesksuites.com/2020/07/20/city-of-alexandria-provides-covid-19-updates-partnership-for-targeted-covid-19-testing-virginia-first-to-adopt-workplace-safety-standards/): Hey Compliance Warriors! The city of Alexandria in Virginia is taking very serious steps to prevent the spread of COVID-19 currently. They’re providing a model that all businesses have the potential to follow suit with. Read on… Sign up to watch our BossCalls replay recorded July 29th – An up-to-date discussion about COVID-19 & it’s workplace impacts. Learn More & Sign Up Here Article Via: alexandriava.gov “City of Alexandria Provides COVID-19 Updates; Partnership for Targeted COVID-19 Testing; Virginia First to Adopt Workplace Safety Standards ­­For Immediate Release: July 16, 2020 The City of Alexandria and the Alexandria Health Department (AHD) remind […]
- [BREAKING NEWS: DOL Updates FFCRA Guidance](https://helpdesksuites.com/2020/07/20/breaking-news-dol-updates-ffcra-guidance/): Hey Compliance Warriors! Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced additional guidance to provide information to workers and employers about how the requirements and protections of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA) impact the workplace as America continues to reopen. The new guidance provides plain-language questions and answers addressing critical issues under all three laws. Read on…
- [Pennsylvania Clarifies Roll-back Requirements](https://helpdesksuites.com/2020/07/16/pennsylvania-clarifies-roll-back-requirements/): Hey Compliance Warriors! Pennsylvania Governor Tom Wolfe recently clarified the new roll-backs for businesses in the state. Read on…
- [COVID-19 Testing Requirements by State](https://helpdesksuites.com/2020/07/14/covid-19-testing-requirements-by-state/): Hey Compliance Warriors! States are updating their testing requirements and suggested practices regularly. Here is a chart of testing requirements by state. Read on…
- [IRS Releases Guidance for 1099-NEC](https://helpdesksuites.com/2020/07/09/irs-releases-guidance-for-1099-nec/): Hey Compliance Warriors! There is a new Form 1099-NEC, Nonemployee Compensation for business taxpayers who pay or receive nonemployee compensation. Starting in tax year 2020, payers must complete this form to report any payment of $600 or more to a payee. Read on…
- [Treasury, IRS issue guidance on reporting qualified sick and family leave wages paid](https://helpdesksuites.com/2020/07/09/treasury-irs-issue-guidance-on-reporting-qualified-sick-and-family-leave-wages-paid/): Hey Compliance Warriors! The Treasury Department and the Internal Revenue Service today provided guidance in Notice 2020-54 to employers requiring them to report the amount of qualified sick and family leave wages paid to employees under the Families First Coronavirus Response Act (FFCRA) on Form W-2. Read on…
- [States Enact Laws Limiting Employer COVID-19 Liability](https://helpdesksuites.com/2020/07/08/states-enact-laws-limiting-employer-ovid-19-liability/): Hey Compliance Warriors! The number of lawsuits filed against employers, relating to COVID-19, have been increasing each week. Thankfully, many states have enacted or are considering legislation that would hold employers who act in good faith harmless in such lawsuits. This is great news for many employers who are struggling to stay afloat. Read on…
- [Bar Owners Argue Shutdowns are Unconstitutional](https://helpdesksuites.com/2020/07/08/bar-owners-argue-shutdowns-are-unconstitutional/): On Monday, a group of Texas bar owners filed a lawsuit arguing that Governor Greg Abbott’s shutdown of bars is unconstitutional. The suit, filed in Travis County, names Governor Abbott, the Texas Alcoholic Beverage Commission (“TABC”) (the agency that oversees liquor licenses) and TABC Executive Director Bentley Nettles as defendants, the lawsuit seeks a temporary and permanent injunction to prevent bar owners’ businesses from being closed. You may find a copy of the filing here: https://static.texastribune.org/media/files/f41dc59d4db4b32e902f5aa68b938ddc/Plaintiffs%20Original%20Petition.pdf?_ga=2.91017754.1494218229.1593601601-1891804590.1593601601 Last week, Governor Abbott used an executive order to attempt to slow the recent rise in COVID-19 cases and ordered bars to close — although […]
- [Reporting Time Pay Requirements by State in the Era of COVID-19](https://helpdesksuites.com/2020/07/06/reporting-time-pay-requirements-by-state-in-the-era-of-covid-19/): Hey Compliance Warriors! Businesses across the U.S. are reopening. Many employers are taking employees’ temperatures before the start of a shift or have employees complete a health screening process before reporting to work. If an employee shows up to work his or her scheduled shift, and a temperature check reveals a fever or the employee otherwise exhibits symptoms of COVID-19 and the business tells the employee to go home, must the employer pay that employee because he or she reported to work? Read on…
- [Invisible Disabilities & The Returning Workforce](https://helpdesksuites.com/2020/07/02/invisible-disabilities-the-returning-workforce/): Hey Compliance Warriors! The days of remote work and zoom meetings are still upon us. However, more and more of the country continues to reopen. As it does, our employees return to work beset by ailments we may have never known they had. In fact, “invisible disabilities” is the technical term used in the ADA to describe the nature of certain afflictions. As experts will attest, COVID-19 can have a different effect on every person with which it interacts. Because of this, we’re seeing individuals with diseases like Asthma or Diabetes fearful of returning to work. These invisible disabilities aren’t limited […]
- [Can Providers Release COVID-19 Test Results to Employers: Yes or No?](https://helpdesksuites.com/2020/07/01/can-providers-release-covid-19-test-results-to-employers-yes-or-no/): Hey Compliance Warriors! One of the most frequent questions we get at HelpDeskSuites.com is “Can Providers Release COVID-19 Test Results to Employers?” This is a complicated topic that needs to be FULLY understood. So, check out an explanation by attorney Laura Gerdes Long with Danna McKitrick, PC Attorneys at law. Read on…
- [Colorado Passes Law Providing Three Types Of Paid Sick Leave](https://helpdesksuites.com/2020/07/01/colorado-passes-law-providing-three-types-of-paid-sick-leave/): Hey Compliance Warriors! Most people are lucky to have one type of sick leave, but now Colorado is passing a law that requires employers to provide three! There’s plenty of “if’s, and’s & butt’s” involved in this law, so for further explanation, read on… Article Via: mondaq.com “The Colorado legislature recently passed SB20-205, the Healthy Families and Workplaces Act (“HFWA”), which will require all Colorado employers to provide three types of paid sick leave: 1) COVID-19 emergency paid sick leave (“CO-EPSL”); 2) Paid sick and safe time (“PSST”); and 3) Public health emergency paid sick leave (“PHEL”). Governor Jared Polis (D) is expected […]
- [Form I-9 Examples Related to Temporary COVID-19 Policies](https://helpdesksuites.com/2020/07/01/form-i-9-examples-related-to-temporary-covid-19-policies/): Hey Compliance Warriors! In this update, USCIS is providing examples of how DHS recommends you notate Form I-9 when remotely inspecting employment authorization and identity documents and then subsequently performing the required physical inspection once normal operations resume. Employers and workplaces that are operating remotely may follow the DHS news release that announced flexibility in requirements related to Form I-9. Read on…
- [U.S. Department of Labor Announces 2 Field Assistance Bulletins to Clarify School Closure Determinations](https://helpdesksuites.com/2020/07/01/u-s-department-of-labor-announces-2-field-assistance-bulletins-to-clarify-school-closure-determinations/): Hey Compliance Warriors! With school and summer activity schedules greatly altered as America continues to reopen in the wake of the coronavirus, the U.S. Department of Labor’s Wage and Hour Division issued two Field Assistance Bulletins (FABs) today to clarify issues relevant to the pandemic’s effects on employees and the workplace. Read on…
- [Defamation or Disparagement: Are all Fair in Sales?](https://helpdesksuites.com/2020/07/01/defamation-or-disparagement-are-all-fair-in-sales/): In late June 2002 the Texas Supreme Court reversed a $1.8 million judgment in favor of a concrete block maker who accused a rival of defamation, finding that the dispute was not about defamation, but rather business disparagement and that the award therefore could not stand.  In Innovative Block v. Valley Builders Supply, No. 18-1211 (Tex. June 26, 2020), the plaintiff sued a former business competitor, alleging that the competitor’s disparaging remarks about the plaintiff’s products contributed to its financial demise. This case involved two building-supply companies, Valley Builders Supply, Inc., and Innovative Block of South Texas, Ltd.  Both companies manufacture […]
- [New DOL Rule Would Suppress ESG Investing](https://helpdesksuites.com/2020/06/30/new-dol-rule-would-suppress-esg-investing/): Hey Compliance Warriors! If you are a shareholder, working in an “ESG” styled company, looking to retire, or just follow the market affects on our economy, then this may be a good read for you. If you have no idea what ESG investing is, then this article might help open your eyes to some new business and investment ideas. Read on… Article Via: groom.com “On June 23, 2020, the Department of Labor (“DOL”) issued a proposed regulation (the “Proposed Rule”) defining plan fiduciaries’ duties under the Employee Retirement Income Security Act of 1974 (“ERISA”) when considering economically targeted investments or those […]
- [Nevada's Minimum Wage Goes Up July 2020](https://helpdesksuites.com/2020/06/29/nevadas-minimum-wage-goes-up-july-2020/): Hey Compliance Warriors! In just a few days, Nevada’s minimum wage is going up and there’s several sub-rules involved in that. To learn more, Read on… Article Via: mondaq.com “As most employers are aware, Nevada has a two-tier minimum wage system. Currently, Nevada employers are required to pay their employees a minimum of $8.25 per hour unless they qualify to pay the lower tier minimum wage rate of $7.25 per hour. Employers seeking to qualify for the lower tier minimum wage must meet the following requirements: (1) the employer must offer qualifying health insurance benefits; (2) those benefits must be offered […]
- [U.S. Department of Labor Announces 5 New Opinion Letters](https://helpdesksuites.com/2020/06/25/u-s-department-of-labor-announces-5-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced five new opinion letters that provide compliance assistance related to the Fair Labor Standards Act (FLSA) and how to properly classify overtime-exempt employees in specific situations. Read on…
- [OSHA Issues New Guidance for Non-essential Businesses as they Plan to Reopen](https://helpdesksuites.com/2020/06/24/osha-issues-new-guidance-for-non-essential-businesses-as-they-plan-to-reopen/): On June 17, 2020, OSHA issued new guidance  (which may be found here: https://www.osha.gov/Publications/OSHA4045.pdf) for “non-essential businesses” as they plan for reopening and bringing employees back to work. The guidance is not comprehensive and is intended to supplement resources from other federal, state and local agencies, including, specifically, the White House’s Guidance for Opening up America Again (the White House Guidance). Here are some of the key takeaways from OSHA’s new guidance: Planning for Reopening Employers should monitor federal, state and local resources to assess when and how to reopen their businesses. This includes understanding how their community is progressing through the reopening phases […]
- [New Virginia Law Prohibits Non-compete Agreements Against ‘Low-Wage Employees’](https://helpdesksuites.com/2020/06/24/new-virginia-law-prohibits-non-compete-agreements-against-low-wage-employees/): In April, Virginia’s Governor Ralph Northam signed a new bill banning covenants not to compete against “low-wage employees.” As of July 1, 2020, Virginia employers may not enter into, enforce, or threaten to enforce a covenant not to compete with any employee who earns less than $1,137 per week ($59,124 per year).  With this threshold, the new law will apply to a significant number of Virginia’s workers. The new law broadly defines the term “covenant not to compete” to include a “covenant or agreement, including a provision of a contract of employment, between an employer and employee that restrains, prohibits, or otherwise […]
- [Key California Employment Law Cases](https://helpdesksuites.com/2020/06/24/key-california-employment-law-cases/): Hey Compliance Warriors! In the HR world, we’re constantly looking at changes and waves being made by abundant court cases swaying how we handle things. This article contains a number of ongoing cases in Califonia that have the ability to change how we handle certain situations in the HR world. Read on… Article Via: jdsupra.com “Betancourt v. OS Rest. Servs., LLC,  No. B293625, 2020 WL 2570839 (Cal. Ct. App. Apr. 30, 2020) Summary: A plaintiff is not entitled to recover penalties for waiting time and wage statement violations based on claims of non-provision of rest or meal periods, and likewise cannot obtain […]
- [U.S. DEPARTMENT OF LABOR ANNOUNCES ONLINE TOOL TO HELP WORKERS DETERMINE ELIGIBILITY FOR PAID SICK LEAVE DUE TO CORONAVIRUS](https://helpdesksuites.com/2020/06/23/u-s-department-of-labor-announces-online-tool-to-help-workers-determine-eligibility-for-paid-sick-leave-due-to-coronavirus/): Hey Compliance Warriors! The U.S. Department of Labor today launched an interactive online tool to help workers determine if they qualify for paid sick leave or extended family and medical leave to cover time away from work for reasons related to the coronavirus. Read On… The tool guides workers through a series of questions to help them determine if the paid leave provisions of the Families First Coronavirus Response Act (FFCRA) apply to their employer. If the provisions do apply, the tool helps them learn whether they qualify for either paid sick leave or extended family and medical leave under that law. […]
- [IRS Permitting Remote Witness of Participant Elections](https://helpdesksuites.com/2020/06/23/irs-permitting-remote-witness-of-participant-elections/): Hey Compliance Warriors! Recently, because of social distancing measures, the IRS has allowed remote notorizing of participant elections that would otherwise need to be done in person. Obviously there are rules and guidelines to follow when attempting this course of action, so for the details, Read On… Article Via: beneficiallyyours.com Many plans prohibit distributions in any form other than a qualified joint and survivor annuity without spousal consent provided in the presence of a notary or plan representative. The COVID-19 pandemic and related social-distancing measures have prompted the majority of states to relax their rules on notarizations by allowing them to […]
- [Avoiding The Fallout - Employment Law & Reopening America](https://helpdesksuites.com/2020/06/22/avoiding-the-fallout-employment-law-reopening-america/): Hey Compliance Warriors! Today we’ve got more guidance for you as far as reopening your business and having employees coming back to work. Things are always changing and improving in regards to COVID guidelines, so we’ll continue to add more ideas to help you stay safe. Read on… Article Via: jdsupra.com Businesses are gradually starting to re-open around the United States.  While the past months have been unprecedented and created numerous challenges for employers, it is important to remember that employment laws generally do not have any exceptions for pandemics.  For example, even though older persons appear to be more susceptible […]
- [New Jersey Tightens Employee Classification Laws](https://helpdesksuites.com/2020/06/19/new-jersey-tightens-employee-classification-laws/): Hey Compliance Warriors! New Jersey is cracking down on misclassification of employees with several laws bring put forth to clarify the definition of being an independent contractor vs an employee. For the legal details, Read On… Article Via: seyfarth.com “As part of a package of six laws pertaining to independent contractor misclassification, New Jersey passed Assembly Bill 5843, requiring employers “to conspicuously post notification, in a place or places accessible to all employees in each of the employer’s workplaces,” which is now available here, pertaining to the following: 1. An explanation of the prohibition for employers to misclassify its workers; 2. The standard […]
- [Employment Law & Religious Liberty In The Supreme Court](https://helpdesksuites.com/2020/06/19/employment-law-and-religious-liberty-clash-at-the-supreme-court/): Hey Compliance Warriors! Recently we had an article featuring a court case that questioned if private religious schools needed to adhere to normal hiring practices that other businesses and institutions were required to. The current discussion continues that trend and more news will follow as these cases unfold. Read on… Article Via: law.com “This term the U.S. Supreme Court will decide six cases dealing with religious liberty—an extraordinary number given a docket totaling only 74 matters. Two of the cases were argued via teleconference on May 11, when the court addressed the scope of the “ministerial exception,” a legal doctrine shielding […]
- [DOL to Host 4 Webinars in June and July](https://helpdesksuites.com/2020/06/18/dol-to-host-4-webinars-in-june-and-july/): Hey Compliance Warriors! The U.S. Department of Labor will host four webinars in June and July to discuss how the Department is helping workers and employers by reducing regulatory burdens and making it easier to understand and comply with the law. The webinars will also provide an opportunity for workers, employers, and state and local governments to ask questions and discuss how the Department can expand and improve access to its compliance assistance materials.  Read on…
- [Breaking News: EEOC ISSUES UPDATED COVID-19 TECHNICAL ASSISTANCE PUBLICATION ADDRESSING ANTIBODY TESTING](https://helpdesksuites.com/2020/06/17/breaking-news-eeoc-issues-updated-covid-19-technical-assistance-publication-addressing-antibody-testing/): Hey Compliance Warriors! The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic. Read on…
- [OSHA Issues First COVID-19 Citation for Untimely Reporting of Hospitalizations](https://helpdesksuites.com/2020/06/17/osha-issues-first-covid-19-citation-for-untimely-reporting-of-hospitalizations/): Hey Compliance Warriors! Recently, OSHA started enforcing more and more COVID-19 standards. As states open more and more the OSHA standards will tighten up to prevent any possibility of the virus spreading further. For more detail, Read on… Article Via: environmentalsafetyupdate.com “As discussed in our prior blog, OSHA has issued new enforcement procedures for COVID-19 cases going forward. OSHA has indicated that its “efforts to address COVID-19 have been its top priority since February. Our world changed with the arrival and spread of the coronavirus. Although the pandemic has changed the way OSHA completes its mission, it has never faltered in […]
- [Austin, TX - Paid Sick Leave Ordinance Remains Unanswered](https://helpdesksuites.com/2020/06/17/austin-tx-paid-sick-leave-ordinance-remains-unanswered/): Hey Compliance Warriors! For several years, the city of Austin, Texas has been trying to pass a paid sick leave ordinance for the city. The ordinance continues to be shuffled through the Supreme Court even now. For the current state of affairs, Read On… Article Via: seyfarth.com The Austin PSL Ordinance was scheduled to go into effect on October 1, 2018, but decisions by the Texas Court of Appeals for the Third District (“Third District”) in August and November 2018 prevented the ordinance from taking effect. In the latter decision, the Third District found that the Austin PSL Ordinance violates the Texas Constitution because it is preempted […]
- [Breaking News: ICE announces another 30-day extension of flexibility in rules related to Form I-9 compliance](https://helpdesksuites.com/2020/06/16/breaking-news-ice-announces-another-30-day-extension-of-flexibility-in-rules-related-to-form-i-9-compliance/): Hey Compliance Warriors! U.S. Immigration and Customs Enforcement (ICE) today announced another extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Read on…
- [Supreme Court Rules that Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity](https://helpdesksuites.com/2020/06/16/supreme-court-rules-that-title-vii-prohibits-discrimination-based-on-sexual-orientation-and-gender-identity/): Yesterday, in a landmark the U.S. Supreme Court ruled that “an employer who fires an individual merely for being gay or transgender violates Title VII.” Title VII of the Civil Rights Act of 1964 (Title VII) makes it “unlawful” for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual” due to “such individual’s race, color, religion, sex, or national origin.” In Bostock v. Clayton County, Georgia, 590 U.S. _____ (2020), the Court held “that employers are prohibited from firing employees on the basis of homosexuality or transgender status.” Justice Neil […]
- [Illinois Law Provides Presumption Of Workers’ Comp Coverage For COVID-19](https://helpdesksuites.com/2020/06/16/illinois-law-provides-presumption-of-workers-comp-coverage-for-covid-19/): Hey Compliance Warriors! Illinois the other day became the latest state to provide presumptive coverage for first responder workers regarding COVID-19 which is terrific news for many people that may eventually need the coverage. For the details, Read On… Article Via: employmentlawworldview.com On June 5, 2020, Illinois Governor Pritzker signed into law HB 2455, which creates a rebuttable presumption of workers’ compensation coverage for first responders and front-line workers who are exposed to and contract COVID-19. This recent legislative enactment follows the withdrawal of Illinois Workers’ Compensation Commission’s emergency rule which included similar language. In enacting this legislation, Illinois becomes the latest […]
- [Breaking News: EEOC and OSHA Issue Updates to COVID-19 Guidance](https://helpdesksuites.com/2020/06/16/breaking-news-eeoc-and-osha-issue-updates-to-covid-19-guidance/): Hey Compliance Warriors! Last week, the EEOC and OSHA issued updates to their COVID-19 guidance clearing up many questions employers have been navigating. Read on…
- [Breaking News: New Jersey Releases Employee Misclassification Poster](https://helpdesksuites.com/2020/06/15/breaking-news-new-jersey-releases-employee-misclassification-poster/): Hey Compliance Warriors! New Jersey has finally released the new mandatory poster regarding employee misclassification. Read on…
- [Breaking News: SCOTUS Ruling Protects LGBTQ Under Title VII](https://helpdesksuites.com/2020/06/15/breaking-news-scotus-ruling-protects-lgbtq-under-title-vii/): Hey Compliance Warriors! On June 15, 2020, the Supreme Court of the United States ruled, in a 6-to-3 decision, that Title VII of the Civil Rights Act of 1964 prohibits employers from firing workers for being homosexual or transgender. Justice Neil Gorsuch stated: “In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire that employee. We do not hesitate to recognize today a necessary consequence of that legislative choice: An employer who fires an individual merely for being gay or transgender defies the law.” Bostock v. Clayton County, […]
- [Special Full-Day Seminar: HR Law in the World of COVID-19](https://helpdesksuites.com/2020/06/15/special-full-day-seminar-hr-law-in-the-world-of-covid-19/): Special Full-Day Seminar replay: Recorded on 6.26.2020  10 am to 3 pm Central HR Law in the World of COVID-19    We can all agree that 2020 has brought many unexpected changes to the world. Our world of Human Resources has also changed on almost a daily basis. More is being asked of us individually and as a group than ever before in the history of our profession. I think it’s time to have a detailed discussion about these challenges and how we can all move forward with safe, effective, and Audit-Secure™ policies and procedures. Bring your breakfast and/or lunch and […]
- [New York Reopening Phase Three - When and How?](https://helpdesksuites.com/2020/06/12/new-york-issues-detailed-reopening-plan-and-guidance-as-the-state-looks-forward-to-phase-three/): Hey Compliance Warriors! New York issued new guidance on starting phase 3 of reopening the state. Because of NYC being the worst-hit area in the US, extra precaution needs to be taken when talking about opening up safely. Read on…   Article Via: seyfarth.com “As discussed previously, Governor Cuomo’s reopening plan – titled “New York Forward” – is set to replace gradually the state’s stay-at-home directive known as “New York Pause.”  While essential businesses and business activities may remain open subject to the essential business guidelines, non-essential businesses may only reopen subject to phases.   Today, New York Forward published guidelines for […]
- [DOJ Guidance On Corporate Compliance](https://helpdesksuites.com/2020/06/12/doj-guidance-on-corporate-compliance/): Hey Compliance Warriors! Recent updates to the DOJ’s guidance for corporate compliance have been released. There are a number of factors involved in the umbrella of corporate compliance and this article goes into both the previous standards as well as the updates. Read on…   Article Via: seyfarth.com “On June 1, 2020, the Criminal Division of the US Department of Justice (“DOJ”) released an updated guidance document for white-collar prosecutors on the evaluation of corporate compliance programs. The document, entitled Evaluation of Corporate Compliance Programs, updates a prior version issued in April 2019, and seeks to better assist prosecutors in assessing the effectiveness […]
- [Go Back To Work Or Collect Unemployment? Is It A Choice?](https://helpdesksuites.com/2020/06/10/client-alert-how-does-my-offer-of-work-affect-my-employees-unemployment-claims/): Hey Compliance Warriors! Unemployment is a pretty hot topic in the US right now. With many employers re-opening, the question then remains what happens to an ex-employees unemployment if they’re offered their job back. Read on… Article Via: bowditch.com One of the most obvious effects of the COVID-19 pandemic is the record-high number of individuals in Massachusetts who have filed for unemployment. Roughly 75% of those job losses are considered temporary, with employers expected to recall laid-off workers once businesses begin to reopen. Yet with no clear end in sight to the COVID-19 pandemic and many employees wary of returning to the […]
- [Are Your Employees Refusing To Return To Work?](https://helpdesksuites.com/2020/06/10/responding-to-employees-refusing-to-return-to-work/): Hey Compliance Warriors! There’s plenty of people out there who are still rather panicked about the COVID-19 crisis, and rightfully so. But it can make reopening our businesses rather challenging when people don’t want to come back in. For guidance on encouraging your workforce, Read on… Article Via: www.icemiller.com “Many employers are working on bringing their employees back into the workplace. Some employees, however, are not looking forward to returning. The reasons vary from a fear of the virus, kids who are still at home, or a desire to collect unemployment. Employers need to consider the employee’s reason for refusing to […]
- [Reopening Virginia - What Businesses Need To Know](https://helpdesksuites.com/2020/06/09/reopening-virginia-considerations-for-employers-and-businesses/): Hey Compliance Warriors! Every state has similar guidelines for reopening, but they’re not all the same. So if you’re a resident of the great state of Virginia, then please, Read on… Article Via: mwcllc.com “With portions of the Commonwealth of Virginia starting to reopen, there are important measures employers should consider as they plan for a safe and successful reopening in a world that has changed considerably in the last two months. State Guidelines Governor Northam issued Executive Order 61, outlining the guidelines for Phase I of Virginia’s reopening plan that began on May 9. As part of this phased opening, social […]
- [NYC Employers Blocked From Pre-Employment Marijuana Tests](https://helpdesksuites.com/2020/06/09/most-new-york-city-employers-now-prohibited-from-conducting-pre-employment-marijuana-tests/): Hey Compliance Warriors! Because of the decriminalization and regulation of legal marijuana in many places, New York City has introduced a new mandate that disallows most employers from requiring testing for marijuana prior to employment. To get into the details, Read on… Article Via: seyfarth.com “While it has been a challenge for employers to keep up with the explosion of medical and recreational marijuana laws spreading across the nation, employers have taken some comfort in that most of these states still grant employers the right to maintain a drug-free workplace and take action against those who test positive for marijuana, including […]
- [Faking COVID-19 Infection Could Be A Federal Crime](https://helpdesksuites.com/2020/06/08/is-covid-19-fakery-a-federal-crime/): Hey Compliance Warriors! We’re flying by the seat of our pants in 2020 and this case is no exception. The question at hand? How harshly should someone faking a Covid-19 case be punished, if at all?            Article Via: constangy.com           “The Justice Department is prosecuting a case of alleged phony corony. Employees, if you need to make up a story to get out of working, you might want to try something other than a fake case of COVID-19. The Atlanta Office of the U.S. Department of Justice has filed a criminal complaint against a […]
- [COVID-19 - Paid Leave for Health Care Workers In New York](https://helpdesksuites.com/2020/06/08/ny-agencies-issue-joint-guidance-on-covid-19-paid-leave-for-health-care-workers/): Hey Compliance Warriors! New guidance has been given to medical facilities in NY mandating that their healthcare workers be given paid leave. This leave comes with several COVID-19 based caveats but it is a significant step in the right direction of treating healthcare workers as they should be. Read on… Article Via: littler.com “On May 17, 2020, the New York Department of Health (NY DOH) and the New York Department of Labor (NY DOL) issued joint Guidance pertaining to an employer’s obligation under the New York State COVID-19 Sick Leave Law (“the Law”) to provide paid sick leave to “health care employees.” Under the […]
- [Reopening Your Business: Dealing with Third-Party Lawsuits](https://helpdesksuites.com/2020/06/08/reopening-your-business-dealing-with-third-party-lawsuits/): As businesses reopen, companies should be prepared for a potential wave of lawsuits from customers and employees who may claim to have contracted COVID-19 on their premises. As a result, companies should carefully review their insurance policies to see what coverage might be available for such claims. Third-Party Lawsuits General Liability Insurance A company should look first to its general liability policies to cover any lawsuits brought by customers who claim to have contracted COVID-19 and allege that the company negligently exposed them to the virus. These policies usually include a duty by the insurer to defend the insured in any […]
- [Colorado Issues Guidance on Accommodations in the Age of COVID-19](https://helpdesksuites.com/2020/06/05/colorado-issues-guidance-on-accommodations-in-the-age-of-covid-19/): Hey Compliance Warriors!       Article Via: littler.com On May 21, 2020, Colorado Governor Jared Polis issued Guidance to Employers and Places of Public Accommodation Regarding Equal Opportunity Employment and Reasonable Accommodations Due to the Presence of COVID-19 (the “Colorado Guidance”). The Colorado Guidance discusses non-discrimination and reasonable accommodations for those with disabilities, “Vulnerable Individuals,” those with COVID-19, those who have been exposed to COVID-19, and those with symptoms of COVID-10.  It also tracks, in large part, the EEOC’s own guidance on Pandemic Preparedness in the Workplace and the Americans with Disabilities Act (the “EEOC Pandemic Guidance”), thereby providing clarity to Colorado employers on […]
- [COBRA Enrollment Extended For Pandemic](https://helpdesksuites.com/2020/06/05/cobra-election-and-enrollment-deadlines-extended-during-covid-19-outbreak-period/): Hey Compliance Warriors! Because of the Coronaurus outbreak, health agencies have extended cobra benefit enrollment to help people in crisis. Below you’ll see the extended details of the plan answering your questions! Read on… Article Via: gtlaw.com “On May 4, 2020, in response to the Coronavirus Disease 2019 (COVID-19) pandemic, the Internal Revenue Service (IRS), Department of the Treasury, and the Employee Benefits Security Administration (EBSA), Department of Labor, issued rules extending deadlines for participants and beneficiaries of certain group health, disability, and welfare plans to make certain benefit elections, give certain notices, and make enrollment decisions. The rules are intended to […]
- [House and Senate Pass New and Improved PPP Guidance](https://helpdesksuites.com/2020/06/04/house-and-senate-pass-new-and-improved-ppp-guidance/): Hey Compliance Warriors! Yesterday afternoon, the Senate voted YES on H.R.7010 – Paycheck Protection Program Flexibility Act of 2020. This means a lot of good news for employers who have been struggling to fulfill the requirements of the original PPP. Read on…
- [Washington State Mandates Gender Diversity In Company Boardrooms](https://helpdesksuites.com/2020/06/03/washington-state-mandates-gender-diversity-in-company-boardrooms/): Hey Compliance Warriors! The state of Washington is taking action against gender inequality. It may take a little time to implement, but the results will be well worth it. For more information on the implementation strategy, Read on… Article Via: shearman.com “Pursuant to the recently-amended Washington Business Corporation Act (WBCA), effective June 11, 2020, corporations subject to the WBCA that are public companies[1] will be required to either have a “gender-diverse board” by January 1, 2022 or comply with new board diversity disclosure requirements. The law considers a board to be gender diverse if, for at least 270 days of the fiscal […]
- [A Meeting of the Minds?](https://helpdesksuites.com/2020/06/01/a-meeting-of-the-minds/): In the recent decision of O’Shaughnessy v. Young Living Essential Oils, the United States Court of Appeals for the Fifth Circuit was presented with a classic contract-law conundrum of an agreement contained in more than one document, which, in this case, related to the oft-cited, but rarely used, Racketeer Influenced Corrupt Organizations Act (“RICO”). In 2015, Julie O’Shaughnessy joined Young Living (“YL” or “Young Living”) after attending a party hosted by a friend. Julie joined the company as a member by signing an online document titled the Young Living Member Agreement (“Agreement”). The Agreement contains a “Jurisdiction and Choice of Law” […]
- [Updated Medical Marijuana Act Protecting Florida Workers](https://helpdesksuites.com/2020/06/01/new-medical-marijuana-act-protecting-florida-workers/): Hey Compliance Warriors! News on some legislation coming out of Florida. The effort to protect employees’ right to use medical marijuana as long as it doesn’t impact their job performance, mainly safety, is ongoing. To learn about what’s happening now in Florida, Read On… Article Via: orlandoweekly.com Florida voters approved an amendment legalizing marijuana in 2016, but employees and job applicants who are required to take drug tests can still be fired if the results are positive. A new bill in the Florida House aims to change this, by protecting licensed medical marijuana patients. Two Democratic lawmakers, state Sen. Lori Berman […]
- [Updated COVID-19 Guidance Addressing Medical Conditions](https://helpdesksuites.com/2020/06/01/updated-covid-19-guidance-addressing-medical-conditions/): Hey Compliance Warriors! We’re getting newer research data every day about what existing medical conditions are affected by COVID. Because of this, guidelines to protect our employees are often updated or changed. Stay abreast of the changes with this article! Read on… Article Via: esrcheck.com “On May 7, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) again updated and expanded its COVID-19 technical assistance publication to address questions arising under the Federal Equal Employment Opportunity (EEO) Laws related to the Coronavirus (COVID-19) pandemic, according to an EEOC press release. The publication titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO […]
- [How to reduce compliance risk](https://helpdesksuites.com/2020/05/29/how-to-reduce-compliance-risk/): Hey Compliance Warriors! We’re all about compliance here obviously! Here’s a quick article about ways you can help reduce your risk based on a recent survey involving HR professionals. Read on… Article Via: workforce.com “Compliance is complicated and time-consuming, and employers don’t have the time to become experts in every rule or regulation that impacts their business. For any organization, addressing how to reduce compliance risk requires the right external and internal resources. Failure to adhere to compliance requirements exposes an organization to lawsuits, costly fines and other penalties as well as negative publicity and harm to business reputation, noted XpertHR in […]
- [Supreme Court Takes On Employment Bias at Religious Schools](https://helpdesksuites.com/2020/05/29/supreme-court-takes-on-employment-bias-at-religious-schools/): Hey Compliance Warriors! The separation of church and state has long been a fickle thing in America. But this recent discrimination case is trying to widen the gap further by creating a more fairly balanced teaching environment inside religious academic institutions. Read on… Article Via: nytimes.com “WASHINGTON — The Supreme Court heard arguments on Monday on how broadly federal employment discrimination laws apply to schools run by churches in two cases that will give the court another opportunity to rule on the proper relationship between church and state, a topic that has deeply engaged the justices. The cases, which involve teachers […]
- [California Employment Law Cases](https://helpdesksuites.com/2020/05/27/california-employment-law-cases/): Hey Compliance Warriors! Here’s a number of Employment cases going on in California currently. There’s a case here for everyone to glean some useful HR knowledge. Read on… Article Via: proskauer.com “Court Reverses $13 Million Gender Discrimination Verdict Entered Against UCLA Pinter-Brown v. The Regents of the Univ. of Cal., 2020 WL 1950808 (Cal. Ct. App. 2020) The California Court of Appeal reversed a $13 million judgment that was entered against UCLA in favor of one of its former professors of medicine, Dr. Lauren Pinter-Brown, who sued for alleged gender discrimination and age discrimination and harassment (the jury returned a verdict […]
- [What Philadelphia Experts Are Saying Can Protect Workers During Pandemic](https://helpdesksuites.com/2020/05/27/what-philadelphia-experts-are-saying-can-protect-workers-during-pandemic/): Hey Compliance Warriors! We’re all looking at new and better ways to protect ourselves, our families, and our employees these days. Multiple experts have weighed in as to what to do over on the east coast in Philly. Read on… Article Via: inquirer.com In April, a pork plant worker and a labor group filed a lawsuit against the worker’s employer, Smithfield Foods, for failing to keep workers, and the Missouri town where the plant was based, safe. The complaint alleged Smithfield was a “public nuisance” and asked not for money, but for safer working conditions. Although the lawsuit was eventually thrown out, […]
- [California Leans Toward Protecting More Medical Cannabis Users](https://helpdesksuites.com/2020/05/26/california-leans-toward-protecting-more-medical-cannabis-users/): Hey Compliance Warriors! Wednesday is hump day, but it’s also hemp day, now (so say I). Medical Marijuana news has been on the back burner because of COVID but these laws are always cropping up regardless. Read on… Article Via: ogletree.com “Although California was one of the first states to legalize medical cannabis, and later recreational cannabis, voters and the courts have long resisted extending protections against discrimination in employment to cannabis users. In 1996, California voters passed Proposition 215, also known as the Compassionate Use Act of 1996, legalizing the use of cannabis for medical purposes, such as the treatment […]
- [COVID-19 Reporting: OSHA Guidance Changes TODAY](https://helpdesksuites.com/2020/05/26/covid-19-reporting-osha-guidance-changes-today/): Hey Compliance Warriors! This memorandum provides updated interim guidance to Compliance Safety and Health Officers (CSHOs) for enforcing the requirements of 29 CFR Part 1904 with respect to the recording of occupational illnesses, specifically cases of COVID-19. On May 26, 2020, the previous memorandum on this topic[1] will be rescinded, and this new memorandum will go into and remain in effect until further notice. This guidance is intended to be time-limited to the current COVID-19 public health crisis. Please frequently check OSHA’s webpage at www.osha.gov/coronavirus for updates.
- [Remote Internal Investigations During COVID-19 - Audio Blog](https://helpdesksuites.com/2020/05/22/conducting-internal-investigations-remotely-during-the-covid-19-pandemic/): Hey Compliance Warriors! We’ve got n audio blog for your listening pleasure today. All about conducting remote internal investigations. The link can be found below to the host site. Listen on… Article Via: ogletree.com As restrictions related to the COVID-19 pandemic continue to alter the workplace, Andre’ Caldwell discusses best practices and tips for conducting investigations remotely. Follow this link to listen to the podcast    For More Information Follow This Link About LISA SMITH Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more in her […]
- [Connecticut Reopening Guidelines](https://helpdesksuites.com/2020/05/22/returning-to-work-in-connecticut-phase-1-guidelines/): Hey Compliance Warriors! Connecticut has started phase 1 of it’s reopening process and has released its guidelines for doing so. Even if you aren’t a CT resident if you have offices in the area, or have employees that travel there on business, these guidelines will help you and yours stay safe. Read on… Article Via: fordharrison.com “Governor Ned Lamont has approved a phased reopening of Connecticut businesses. Phase 1, set to begin on May 20, 2020, will by no means, however, be a return to normal. With a mandate that everyone adhere to all social distancing guidelines and wear a face […]
- [The Fifth Circuit Examines the Highly-Compensated Employee Exemption Under the FLSA](https://helpdesksuites.com/2020/05/21/the-fifth-circuit-examines-the-highly-compensated-employee-exemption-under-the-flsa/): The Fifth Circuit recently examined the job duties required to qualify as a highly compensated employee under the FLSA.  Smith v. Ochsner Health Sys., No. 18-31264, — F.3d –, 2020 WL 1897186 (5th Cir. Apr. 17, 2020).  The Fair Labor Standards Act (“FLSA”) exempts certain highly-compensated employees (“HCEs”) from the requirement that they receive overtime pay for hours worked over 40 in a workweek.  To be considered highly compensated, the employee must receive both (1) at least $684 per week paid on a salary or fee basis; and (2) at least $107,432 in total annual compensation.  The regulation goes on to […]
- [Final Rule: Fluctuating Workweek Method of Computing Overtime](https://helpdesksuites.com/2020/05/20/final-rule-fluctuating-workweek-method-of-computing-overtime/): Hey Compliance Warriors! On May 20, 2020, the U.S. Department of Labor announced a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. The final rule clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor Standards Act (FLSA).  Read on…
- [Statewide Return to Work Protocols](https://helpdesksuites.com/2020/05/19/statewide-return-to-work-protocols/): Hey Compliance Warriors! Government officials across the country are easing up on business closures and stay at home orders. Here is an article and table of reopening protocols as of today. Read on…
- [Federal MSLP Loans Offer Funds to Small Businesses](https://helpdesksuites.com/2020/05/19/federal-reserves-main-street-lending-program-offers-liquidity-to-small-and-medium-sized-businesses/): Hey Compliance Warriors! If your PPP loan wasn’t quite enough, or if you weren’t able to get to it because of the first-come-first-serve nature of it, then you can try an MSLP loan. They’re quite different from PPP loans so read the details carefully below. Read on… Article Via: hollandhart.com “The Board of Governors of the Federal Reserve System (the Fed) recently released terms for its Main Street Lending Program (MSLP), a program authorized under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and intended to facilitate lending by Eligible Lenders to small and medium-sized businesses, including small businesses […]
- [New Title IX Rules & Implementing Them](https://helpdesksuites.com/2020/05/19/navigating-and-implementing-the-new-title-ix-rules-policies-trainings-and-campus-communication-strategies/): Hey Compliance Warriors! It’s taken a long time but the DOE has launched its new rulings for Title 9 which makes a ton of changes to the law. The proceeding article is a comprehensive list of ways to implement these changes, training, and what many of the changes are. Read on…   Article Via: nelsonmullins.com “On May 6, 2020, after a two-year drafting process, the U.S. Department of Education (“DOE”) released its new and revised Title IX regulations[1] (the “Final Rule”), significantly expanding and defining educational institutions’ regulatory obligations for responding to and addressing alleged sexual harassment and misconduct within education programs […]
- [U.S. DEPARTMENT OF LABOR ISSUES FINAL RULE TO SIMPLIFY RETAIL OR SERVICE ESTABLISHMENT EXEMPTION](https://helpdesksuites.com/2020/05/18/u-s-department-of-labor-issues-final-rule-to-simplify-retail-or-service-establishment-exemption/): Hey Compliance Warriors! The U.S. Department of Labor today announced a final rule to provide greater simplicity and flexibility to retail industry employers. Provisions in the Fair Labor Standards Act (FLSA) allow employers in retail and service industries to exempt certain employees paid primarily on a commission basis from overtime. Read on… Today’s rule withdraws two provisions from the Department’s Wage and Hour Division regulations. The first listed industries that the Department previously viewed as having “no retail concept,” which made them ineligible to claim the exemption. The second listed industries that, in the Department’s view, “may be recognized as retail,” […]
- [PPP Loan Forgiveness Application Released](https://helpdesksuites.com/2020/05/16/ppp-loan-forgiveness-application-released/): Hey Compliance Warriors! Yesterday, Friday, May 15th, 2020, the SBA and U.S. Treasury released the highly anticipated PPP Loan Forgiveness Application. The application and instructions total 11 pages and come with new instructions for the confusing FTE calculations and a 2-part application/worksheet combo. We were also told which documents must be submitted along with your worksheets and which documents you must simply keep on file – just in case they ask. The Treasury also said we can expect some extended guidance shortly. DO YOU LIKE A GOOD STORY PROBLEM?   We believe it is time to plan a Boss Call to breakdown and explain the forgiveness process […]
- [IRS Reverses Course on Employee Retention Credit](https://helpdesksuites.com/2020/05/15/irs-reverses-course-on-employee-retention-credit/): On May 11, the IRS updated FAQs 64 and 65 and added new FAQ 79. Q&As 64 and 65 now state that employers can claim the ERC for qualified health care expenses regardless of whether the employee is paid qualified wages. The revised FAQs clarify this new interpretation with five examples in which qualified health care expenses paid to furloughed employees are considered qualified wages for purposes of the employee retention credit. This is welcome news for employers and will encourage them to continue paying health plan expenses for employees on furlough. About LISA SMITH Lisa Smith is CEO of Andere Corporation and Chief […]
- [California Issues COVID-19 Infection Time-Table For Employee Claims](https://helpdesksuites.com/2020/05/15/california-issues-covid-19-infection-time-table-for-employee-claims/): Hey Compliance Warriors! California is trying to handle all the “I got coronavirus at work” claims in a reasonable way. The Governer’s office issued an Executive Order to filter through these claims. Read on… Article Via: calemploymentlawupdate.proskauer.com “On May 6, 2020, Governor Newsom issued Executive Order N-62-20, which creates a time-limited rebuttable presumption that workers who are still reporting to their employer’s workplace and who test positive for COVID-19 are eligible for workers’ compensation benefits.  Specifically, the Order provides that any COVID-19-related illness of an employee shall be “presumed to arise out of and in the course of the employment” if […]
- [ICE announces extension of flexibility in rules related to Form I-9 compliance](https://helpdesksuites.com/2020/05/15/ice-announces-extension-of-flexibility-in-rules-related-to-form-i-9-compliance/): Hey Compliance Warriors! U.S. Immigration and Customs Enforcement (ICE) announced, on May 14th, an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Read on…
- [IRS Releases New Guidance for Section 125 Cafeteria Plans](https://helpdesksuites.com/2020/05/14/irs-releases-new-guidance-for-section-125-cafeteria-plans/): Hey Compliance Warriors! The Internal Revenue Service released guidance, on Wednesday, to allow temporary changes to section 125 cafeteria plans. These changes extend the claims period for health flexible spending arrangements (FSAs) and dependent care assistance programs and allow taxpayers to make mid-year changes. Read on…
- [Returning to Work after COVID-19](https://helpdesksuites.com/2020/05/13/returning-to-work-after-covid-19/): Hey Compliance Warriors! Today we’ve got a short podcast episode to listen to since everyone is starting to get back to work now, here’s an episode from constangy.com about getting back to work following this madness. Listen on… Article Via: www.constangy.com “What legalities and logistics do companies need to consider when returning employees to the physical workplace in a post-coronavirus world? Listen in for practical tips about minimizing your company’s potential liability, hypotheticals in the state of Disbelief, advice on COVID-19 testing, and nominations for the best coronavirus meme. This podcast is made available for educational purposes only, to give you […]
- [OSHA Safety Tips for Food & Drink Establishments](https://helpdesksuites.com/2020/05/13/osha-safety-tips-for-restaurants/): Hey Compliance Warriors! OSHA has wisely given some guidance on food & drink establishments beginning to reopen through the following weeks and months. Read on… Article Via: environmentalsafetyupdate.com “The restaurant and food and beverage industries have, like many others, been significantly impacted by COVID-19 in several states, forcing many restaurant owners to scale back operations or shutter entirely. OSHA and the U.S. Centers for Disease Control and Prevention (CDC) have found that close and prolonged contact between employees on the job and during transportation to and from the worksite may be increasing workers’ risk for exposure to the virus. OSHA recommends […]
- [BREAKING NEWS: DOL Withdraws 3 Opinion Letters](https://helpdesksuites.com/2021/01/26/breaking-news-dol-withdraws-3-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced that it is withdrawing three opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. Read on…
- [BREAKING NEWS: New law extends COVID tax credit for employers who keep workers on payroll](https://helpdesksuites.com/2021/01/26/breaking-news-new-law-extends-covid-tax-credit-for-employers-who-keep-workers-on-payroll/): Hey Compliance Warriors! The Internal Revenue Service urges employers to take advantage of the newly-extended employee retention credit, designed to make it easier for businesses that, despite challenges posed by COVID-19, choose to keep their employees on the payroll. Read on…
- [BREAKING NEWS: CDC ISSUES NEW COVID-19 VACCINE TOOLKIT FOR EMPLOYERS](https://helpdesksuites.com/2021/01/25/breaking-news-cdc-issues-new-covid-19-vaccine-toolkit-for-employers/): Hey Compliance Warriors! In some states, essential workers already have access to vaccines to help protect them against COVID-19. These vaccines will be available to essential workers across the nation soon. CDC has provided a toolkit to help employers educate their essential workers about this important new prevention tool. Read on…
- [BREAKING NEWS: White House Issues New Fact Sheet with 2 Big Employment Law Implications](https://helpdesksuites.com/2021/01/25/breaking-news-white-house-issues-new-fact-sheet-with-2-big-employment-law-implications/): Hey Compliance Warriors! Last week, the White House issued a new fact sheet outlining executive actions the Biden administration is taking in the first 100 days. Here are two big employment law points that could affect employers very soon. Read on…
- [Paying Employees in Weather Emergencies](https://helpdesksuites.com/2021/01/20/paying-employees-in-weather-emergencies/): Now that the political storm has (hopefully) subsided for a bit, let’s talk about another kind of potential disturbance: weather.  You know the feeling – suddenly you hear all the cell phones around you issue that long beep or siren indicating that hazardous weather may be approaching.  Although many people are still working remotely, there are large portions of the population that are still (or once again) traveling to the workplace. With that in mind, let’s take a few minutes to considering how to address inclement weather in your workplace. First Thoughts For many employers (at least in my experience), when […]
- [BREAKING NEWS: U.S. DOL Issues 4 New Opinion Letters](https://helpdesksuites.com/2021/01/19/breaking-news-u-s-dol-issues-4-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced four new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. Read on…
- [BREAKING NEWS: U.S. DOL Issues 3 New Opinion Letters](https://helpdesksuites.com/2021/01/17/breaking-news-u-s-dol-issues-3-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced three new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. Read on…
- [Significant Workplace Changes in Store Under the Biden - Harris Administration](https://helpdesksuites.com/2021/01/13/significant-workplace-changes-in-store-under-the-biden-harris-administration/): From making equal pay more of a reality to increasing minimum wage, pro-worker and pro-union labor policies, and more anti-discrimination protections, the new administration has stated support for many legislative and regulatory proposals that would completely change the employment and labor law landscape. With the victories in the Georgie Senate runoff elections (and the unified Congress which is the first in nine-year), employers should expect new and amended workplace laws and rules in 2021.  Now that we have a better idea of what the next several years will look like, here are a few initiatives that will likely be set forth […]
- [BREAKING NEWS: USCIS to Replace Sticker That Extends Validity of Green Cards](https://helpdesksuites.com/2021/01/13/breaking-news-uscis-to-replace-sticker%e2%80%afthat-extends-validity-of-green-cards/): Hey Compliance Warriors! Starting in January, USCIS will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Form I-551, Permanent Resident Card (PRC or “Green Card”), with a revised Form I-797, Notice of Action. LPRs file Form I-90, Application to Replace Permanent Resident Card, when their Green Cards expire or are about to expire. The revised Form I-797 notice will serve as a receipt notice for the Form I-90. Read on…
- [BREAKING NEWS: EEOC SCHEDULES 2021 OPENINGS OF EEO DATA COLLECTIONS](https://helpdesksuites.com/2021/01/13/breaking-news-eeoc-schedules-2021-openings-of-eeo-data-collections/): Hey Compliance Warriors! After delaying the opening of the 2019 EEO-1 Component 1 and the 2020 EEO-3 and 2020 EEO-5 Data Collections on May 8, 2020 in light of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) announced today that the collections will open in 2021. Read on…
- [COVID Vaccine Incentives Complicated by ADA](https://helpdesksuites.com/2021/01/13/covid-vaccine-incentives-complicated-by-ada/): Hey Compliance Warriors! Employers are wanting to provide incentives to employees in order to get more folks on board with the COVID vaccine. But, can they really do this without a hitch? Read on…
- [BREAKING NEWS: DOL Issues Two More New Opinion Letters](https://helpdesksuites.com/2021/01/11/breaking-news-dol-issues-two-more-new-opinion-letters/): Hey Compliance Warriors! Last week, the U.S. Department of Labor announced two new opinion letters that provide compliance assistance related to the Fair Labor Standards Act (FLSA). Read on…
- [State Minimum Wage Increases for 2021](https://helpdesksuites.com/2021/01/07/state-minimum-wage-increases-for-2021/): Minimum wage increases will affect numerous states across the country in January 2021. Under the Fair Labor Standards Act (FLSA), the current federal minimum wage is $7.25 per hour, but the FLSA does not supersede any state or local laws that are more favorable to employees. Therefore, if a state or municipality has a minimum wage that is higher than the federal minimum, employers subject to the state or local minimum wage law are obligated to pay the higher rate to employees working there. With that in mind, let’s take a quick look at many of the minimum wage changes that […]
- [BREAKING NEWS: DOL issues Field Assistance Bulletin: Electronic posting for purposes of the FLSA, FMLA, Section 14(c)of the FLSA, EPPA, SCA, and DBA ](https://helpdesksuites.com/2021/01/06/breaking-news-dol-issues-field-assistance-bulletin-electronic-posting-for-purposes-of-the-flsa-fmla-section-14cof-the-flsa-eppa-sca-and-dba/): Hey Compliance Warriors! On December 29th, 2020, the U.S. Department of Labor issued Field Assistance Bulletin 2020-7  Electronic posting for purposes of the FLSA, FMLA, Section 14(c)of the FLSA, EPPA, SCA, and DBA.  Read on…
- [BREAKING NEWS: Eligible Paycheck Protection Program expenses now deductible](https://helpdesksuites.com/2021/01/06/eligible-paycheck-protection-program-expenses-now-deductible/): Hey Compliance Warriors! The Treasury Department and the Internal Revenue Service issued guidance today allowing deductions for the payments of eligible expenses when such payments would result (or be expected to result) in the forgiveness of a loan (covered loan) under the Paycheck Protection Program (PPP).   Read on…
- [BREAKING NEWS: U.S. Department of Labor Announces Final Rule to Clarify Independent Contractor Status under the Fair Labor Standards Act](https://helpdesksuites.com/2021/01/06/breaking-news-u-s-department-of-labor-announces-final-rule-to-clarify-independent-contractor-status-under-the-fair-labor-standards-act/): Hey Compliance Warriors! The U.S. Department of Labor today announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA).   Read on…
- [The Department of Labor Issues Final Rule on Handling Tips and Eliminating the 80/20 Rule](https://helpdesksuites.com/2021/01/04/the-department-of-labor-issues-final-rule-on-handling-tips-and-eliminating-the-80-20-rule/): The United States Department of Labor (DOL) issued a final rule (the Rule) on December 22, 2020, addressing tipped employees and the Fair Labor Standards Act (FLSA).  The Rule will become effective 60 days after it is published in the Federal Register. The rule discusses two important areas: The Rule eliminates the confusing 80/20 Rule at the federal level, prohibits employers from keeping tips received by their employees, and forbids managers and supervisors from participating in tip pools and keeping any portion of employees’ tips. Further, it adopts the DOL’s 2018 opinion letter that discusses the scope of the dual job […]
- [BREAKING NEWS: U.S. DEPARTMENT OF LABOR PUBLISHES GUIDANCE ON EXPIRATION OF FFCRA LEAVE](https://helpdesksuites.com/2021/01/04/breaking-news-u-s-department-of-labor-publishes-guidance-on-expiration-of-ffcra-leave/): Hey Compliance Warriors! The U.S. Department of Labor’s Wage and Hour Division (WHD) today announced additional guidance to provide information to workers and employers about protections and relief offered by the Families First Coronavirus Response Act (FFCRA). The FFCRA’s paid sick leave and expanded family and medical leave requirements will expire on Dec. 31, 2020.  Read on…
- [BREAKING NEWS: DOL Issues Two New Opinion Letters](https://helpdesksuites.com/2020/12/31/breaking-news-dol-issues-two-new-opinion-letters/): Hey Compliance Warriors! The U.S. Department of Labor today announced two new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. Read on…
- [Minimum Wage Update 2021](https://helpdesksuites.com/2020/12/28/minimum-wage-update-2021/): Hey Compliance Warriors! Here is a list of minimum wage changes through mid-2021 as of today. Read on…
- [Breaking News: COVID Relief Bill Passed - President Has Signed into Law 12.27.2020](https://helpdesksuites.com/2020/12/27/breaking-news-covid-relief-bill-passed-president-has-signed-into-law-12-27-2020/): Hey Compliance Warriors! On December 21st, Congress passed the long-awaited Coronavirus Relief Bill. There are many pieces to this new package and here are some of the highlights. Read on…
- [Breaking News: DHS Extends Form I-9 Requirement Flexibility (12/23/20)](https://helpdesksuites.com/2020/12/24/breaking-news-dhs-extends-form-i-9-requirement-flexibility-12-23-20/): Hey Compliance Warriors! The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. Read on…
- [EEOC Confirms Employers Can Mandate COVID-19 Vaccine… With restrictions](https://helpdesksuites.com/2020/12/23/eeoc-confirms-employers-can-mandate-covid-19-vaccine-with-restrictions/): With the current roll-out of the COVID-19 vaccine for mass distribution, legal specialist guessed that employers would be allowed to require their employees to get the vaccine subject to limited restrictions. The guess was largely based on the Equal Opportunity Employment Commission’s (EEOC) guidance in regard to the flu vaccine. The EEOC is a federal agency that has the power to enforce federal discrimination laws. On December 16, 2020, the EEOC weighed in on the COVID-19 vaccine, confirming that, in the EEOC’s opinion, employers may have mandatory vaccine polices, and addressing the limited restrictions as to when employers may have to […]
- [Breaking News: U.S. Department of Labor Issue Final Rule to Amend Tipped Employee Regulations](https://helpdesksuites.com/2020/12/22/breaking-news-u-s-department-of-labor-issue-final-rule-to-amend-tipped-employee-regulations/): Hey Compliance Warriors! The U.S. Department of Labor today announced a final rule protecting the tips of employees. This rule addresses amendments made to Section 3(m) of the Fair Labor Standards Act (FLSA) by the Consolidated Appropriations Act of 2018 (CAA).  Read on…
- [Holiday Gift Cards: Taxable or Not?](https://helpdesksuites.com/2020/12/22/holiday-gift-cards-taxable-or-not/): Hey Compliance Warriors! Holidays are the time of the year when employers give gift cards in large quantities. They are quick and easy and also very much appreciated by everyone. But, are they taxable as income or are they considered a De Minimis gift? Read on…
- [Breaking News: IRS issues standard mileage rates for 2021](https://helpdesksuites.com/2020/12/22/breaking-news-irs-issues-standard-mileage-rates-for-2021/): Hey Compliance Warriors! The Internal Revenue Service today issued the 2021 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Read on…
- [Can Employers Mandate COVID-19 Vaccinations?](https://helpdesksuites.com/2020/12/17/can-employers-mandate-covid-19-vaccinations/): Recently, it seems that as a new COVID-19 vaccine has begun its slow distribution across the county (and the world), that some people have a glint of hope returning to their eyes.  Maybe it’s true, maybe our learned scientist, researchers, and modern technology can take a novel coronavirus and in less than a year create an effective vaccine. However, it seems that at this point, more questions than answers are traveling with those vaccine convoys; and many of those questions are being asked by employers and employees.  Specifically, employers are curious as to whether they can (or should) mandate that their […]
- [Breaking News: EEOC Greenlights Employer Mandated COVID-19 Vaccine](https://helpdesksuites.com/2020/12/17/breaking-news-eeoc-greenlights-employer-mandated-covid-19-vaccine/): Hey Compliance Warriors! On December 16th, the EECO published updates to their COVID guidance for employers. This guidance says employers are allowed to require employees to get the COVID-19 vaccine with a few exceptions.  Read on…
- [Breaking News: EEOC Issues Updated Covid-19 Technical Assistance Publication](https://helpdesksuites.com/2020/12/16/breaking-news-eeoc-issues-updated-covid-19-technical-assistance-publication/): Hey Compliance Warriors! The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.  Read on…
- [HR Updates December 2020](https://helpdesksuites.com/2020/12/15/hr-updates-december-2020/): Hey Compliance Warriors! We know that our HR world is changing constantly. Here are a few of the recent updates.  Read on… DOL Confirms it Will Comply With New Court Order on Wage Rates The U.S. Department of Labor has announced that it plans to comply with a new U.S. district court order ruling that the agency violated the Administrative Procedure Act by failing to engage in the proper rule-making process for a new interim final rule (IFR) that implemented significant and immediate increases in prevailing wage rates for skilled foreign workers. The court order, issued December 1, 2020, is effective […]
- [HIPAA, Employers and COVID-19 - Oh My!](https://helpdesksuites.com/2020/12/14/hipaa-employers-and-covid-19-oh-my/): Hey Compliance Warriors! Employers often ask me if HIPAA applies to the workplace. Normally, the answer is no. But, here is a better explanation. Read on… When COVID-19 first began to spread in the United States, a recurring question we received was whether employers become subject to HIPAA by taking employee temperatures or collecting medical information. The answer generally is that HIPAA does not apply to employers, and that this medical information is instead subject to other laws, such as the Americans with Disabilities Act (ADA). But the days of employers relying solely on temperature checks and questionnaires are behind us, […]
- [Mandatory Vaccines: Can an Employer Mandate the COVID-19 Vaccine?](https://helpdesksuites.com/2020/12/10/mandatory-vaccines-can-an-employer-mandate-the-covid-19-vaccine/): Hey Compliance Warriors! With the upcoming rollout of the COVID-19 vaccine, many employers are trying to decide whether or not they will be allowed (or should) make the vaxx mandatory. How about you? Read on… DECEMBER 10, 2020 – CHRISTINE GANTT-SORENSON Vaccines and health screenings are medical examinations under the Americans with Disabilities Act (ADA). An employer requiring a vaccine must do so for a legitimate business reason or as requ