Employers- as you might have heard, the EEOC has raised concerns about Wellness Programs posing a potential problem under the Americans with Disabilities Act (ADA). If you have a company-sponsored Wellness Program, you probably should consider using the just-released EEOC approved sample notice. It can be found at https://www.eeoc.gov/laws/regulations/ada-wellness-notice.cfm And if you have questions about… More
FLSA Changes Will Likely Be Impleted THIS FALL
The latest word from the Department of Labor (DOL) is that the long-discussed changes to the Fair Labor Standards Act (FLSA) — significantly increasing the salary basis threshold for most exemptions — will be finalized by July 2016. The regulations will likely be effective 60 days later, or September 2016. What does this mean for employers? It’s… More
EEOC Policy Change — Will Now Release Employer’s Position Statement
Through a simple press release, the EEOC has announced that it will now release to the charging party (employee) position statements submitted by the employer. The employee will also be given a chance to respond after reviewing the company’s position. In the past, the employee could not access the employer’s position statement except through a… More
HR for Start Ups
Employment Roundtable: Things You Should Know To Avoid Human Resource Headaches If you own or work for a small business, employment laws can be one of your most pressing challenges. Some laws apply to companies with 25 or fewer employees while others kick in as soon as you hire your first employee. And the never-ending acronyms –… More
Come Join Us!
Employment Roundtable December 1 Crowdsourcing Answers to Problem HR Situations (Part II) http://www.shulmanrogers.com/newsletter-140.html After receiving positive feedback about our October discussion on Problem HR Situations, we have decided to reconvene in December for more case studies dealing with everyday situations you face as an HR professional. Please join us on December 1, 2015 as we discuss… More
Breach of Oral Promise Results in $868,000 Award to Former Employee
Be careful employers, your promises can be understood as contractual obligations! Your words can create a contract obligating you to do something – or prohibiting you from doing something – that the law otherwise would not require. In a recent South Carolina case, a long-term employee was asked by the company’s Board to describe an… More
DC Transit Subsidy, DC proposes Paid Family/Medical Leave, and MD Paid Parental Leave
The latest from Shulman Rogers: Most D.C. Employees Entitled to Commuter Transit Subsidy Under New Law January 1, 2016 will bring about an important change for employers (non-profits included) based in the District of Columbia. By this date, businesses employing 20 employees or more must begin offering commuter benefit transportation subsidies to their employees. The… More
Just Having a Policy is Not Enough- It Must Be Effectively Communicated
If you are taking the time to read this blog, my guess is that as an employer you are trying to do the right thing. You may have even invested in a good personnel manual, with a solid harassment prevention and anti-discrimination policy that you update on a regular basis. Unfortunately, as the Dr. Pepper… More
“The Internet Said It was Ok” Is NOT a Valid Defense!
Wage and hour lawsuits are on the rise, in large part because the claims are quite lucrative. As a quick reminder – under the federal Fair Labor Standards Act (FLSA) the liability is generally two times the amount of unpaid wages, plus attorney fees. The only way the employer can avoid double damages is to… More
Government Contractors- “EEO is the Law” Poster Supplement has been Issued
Government contractors and subcontractors- you should already be posting the “EEO is the Law” poster issued by the Office of Federal Contract Compliance Program (OFCCP). DOL recently released a supplement to that poster. The supplement (and the original poster) are available on the OFCCP’s website, http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm OFCCP and the Equal Employment Opportunity Commission (EEOC) are… More