All bets were off in 2020. And that went double for small to medium employers who had to navigate countless human resource and compliance challenges.
We surveyed 2,200 HR professionals to determine what issues they faced and how they handled them. Download our report for valuable insight.
Seven State Law Updates have been issued. Our HR Advisors are versed and ready to answer your toughest HR questions.
Compliance can weigh down even the most experienced professionals. Our HR Advisors, one click compliance Handbook, Compliance Database, HR Tools and Employee Training are ready to help you navigate HR all year long. Everything is included with your AllMyHR Solutions.
Ten Federal along with D.C and three State Law Updates have been issued. Our HR Advisors are versed and ready to answer your toughest HR questions to help your company through working remotely, coming back to work and all year long.
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The CDC updated guidance on COVID-19 Workplace testing.
On January 21, 2021, the Centers for Disease Control (CDC) updated its guidance on COVID-19 workplace testing. The guidance emphasizes that workplace-based testing should not be conducted without employees informed consent so they understand the testing process and may act independently to make choices that align with their values, goals, and preferences.
The guidance details the disclosures that an employer must provide to its employees, for instance:
The guidance also addresses topics employers should be prepared to discuss with their employees, such as test scheduling and payment, testing sites, communication and interpretation of results, employee privacy, and how to get assistance.
The CDC also provides a SARS-CoV-2 Testing Strategy: Considerations for Non-Healthcare Workplaces website, updated October 21, 2020, which identifies additional, important disclosures that employers should give to employees contemplating testing.
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The DOL released a new opinion letter addressing FLSA compliance.
On January 19, 2021, the U.S. Department of Labor released the following new opinion letters addressing Fair Labor Standards Act (FLSA) compliance:
FLSA2021-9: Addressing whether requiring tractor-trailer truck drivers to implement legally required safety measures creates control by the motor carrier for worker classification (employee or independent contractor) under the FLSA and whether certain owner-operators are correctly classified as independent contractors.
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The DOL released an opinion letter regarding two FLSA topics.
On January 15, 2021, the U.S. Department of Labor released the following Fair Labor Standards Act (FLSA) opinion letters:
FLSA 2021-3: This letter assessed three different entities and whether they satisfy the FLSA’s establishment requirement, which provides an exemption from minimum wage and overtime provisions for workers of an amusement or recreational establishment, and whether an accrual method of accounting may be used to satisfy the FLSA’s Receipts Test.
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The EEOC approved revisions to its Compliance Manual Section on Religious Discrimination.
On January 15, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) approved revisions to its Compliance Manual Section on Religious Discrimination. The updated guidance describes how Title VII of the Civil Rights Act of 1964 protects against religious discrimination in the workplace and details legal protections available to religious employers. Importantly, the EEOC states that “the manual does not have the force and effect of law and is not meant to bind the public in any way. It is intended to provide clarity to the public on existing requirements under the law and how the EEOC will analyze these matters in performing its duties.”
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The USCIS announces it is replacing the current sticker extending the validity of a Form I-551, PRC or Green Card.
On January 12, 2021, the U.S. Citizenship and Immigration Services (USCIS) announced that it is replacing the currently issued sticker that extends the validity of a Form I-551, Permanent Resident Card (PRC), or Green Card, with a revised Form I-797, Notice of Action, receipt notice of Form I-90, Application to Replace Permanent Resident Card. The revised notice will extend the validity of a PRC for 12 months from the “Card Expires” date on the front of the PRC. This change ensures that certain lawful permanent residents have documentation for completing Form I-9, Employment Eligibility Verification.
Employees may present their expired PRC together with this notice as an acceptable List A document that establishes identity and employment authorization for Form I-9 purposes. When completing a Form I-9, employers should enter the information from this document combination in Section 2, under List A:
Employers who retain copies of documents should retain copies of both the PRC and Form I-797 with the employee’s Form I-9. Employers may not reverify Lawful Permanent Residents who present this document combination.
Read more about acceptable documents at I-9 Central or in The Handbook for Employers, Guidance for Completing Form I-9.
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The U.S. DOL announces new opinion letter related to the FLSA.
On January 8, 2021, the U.S. Department of Labor announced the following new opinion letters that provide compliance assistance related to the federal Fair Labor Standards Act (FLSA):
FLSA2021-2: Addressing whether the ministerial exception allows a private religious daycare and preschool to pay its teachers on a salary basis that would not otherwise conform with the requirements of the FLSA. The DOL concluded that the exception would allow the school to do so if the teachers qualify as ministers.
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The U.S. DOL announces adjustments to the OSHA.
On January 8, 2021, the U.S. Department of Labor announced the following 2021 adjustments to the Occupational Safety and Health Administration (OSHA) civil penalty amounts:
These increases apply to penalties assessed after January 15, 2021.
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DOL announces a final rule clarifying employee vs. independent contractor under the FLSA.
On January 6, 2021, the U.S. Department of Labor, Wage and Hour Division announced a final rule clarifying whether an individual is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The rule:
If those two primary core factors do not point to the same classification, then the rule identifies the following additional factors to determine status:
The rule also:
The rule is effective March 8, 2021.
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DOL announces a final rule clarifying employee vs. independent contractor under the FLSA.
On January 4, 2021, the Internal Revenue Service released Notice 2021-07 which provides temporary relief in response to the ongoing COVID-19 pandemic for employers using the automobile lease valuation rule to value an employee’s personal use of an employer-provided automobile for:
Due solely to the COVID-19 pandemic, if certain requirements are satisfied, employers and employees using the automobile lease valuation rule to determine the value of an employee’s personal use of an employer-provided automobile may instead use the vehicle cents-per-mile valuation rule beginning March 13, 2020.
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New publications and forms released by the IRS.
On December 31, 2020 and January 5, 2021, the federal Internal Revenue Service released the following new forms and publications, among many others, for use in 2021:
Compliance can weigh down even the most experienced professionals. Our HR Advisors, one click compliance Handbook ,Compliance Database, HR Tools and Employee Training are ready to help navigate HR all year long. Everything included with your AllMyHR™ Solutions.
Do not ignore the human resources side of your business! This happens when things seem to be going well. After all, why look for trouble when you have enough to deal with every day. Relations with employees run the spectrum of emotions, depending on the situation.
Do not be a reactive HR person, professional HR people are proactive in recognizing/rectifying HR mistakes. Avoiding serious problems, will save countless headaches and protect your company against costly legal claims.
Every business, large and small must have an up to date Federal and State compliant employee handbook. If you do not have current rules and behaviors in writing, you are asking for problems. Include laws/compliance changes, which may legally impact your policies.
If you have not spelled out acceptable and expected behavior, by providing tangible guidelines, you may be exposed to costly litigation. Your company employee handbook should be updated, as compliance changes occur. This of course may be difficult to accomplish without automated compliance alerts. As we all know employees should sign an acknowledgment form stating that they received the publication and will abide by its policies. Since compliance changes can and do happen often, we recommend all employees sign off on their handbook annually.
We cannot emphasize enough the importance of writing out policies and operating procedures. Without these you have no boundaries for proper employee conduct. When violations occur, they must thoroughly document. Although it takes time to document when an employee was reprimanded, for example frequent tardiness, it may become needed evidence to support a decision to terminate employment.
Being consistent and documenting employee interactions will help to better address potential litigation that could arise in the future.
For compliance, it is important to keep records containing all the personnel documents including employee work history.
Do not include all employee documents in the same employee file. Documents containing employee’s personal information should be kept in a different (secured) file.
We recommend having a file for I-9s, which verify employee eligibility to work in the U.S. Fines add up fast if you don’t have current and correct documents ready when request by Immigration and Customs Enforcement.
And remember HIPAA, requires employees’ personal health and welfare information to also be kept separate.
Hurried hiring and promotion processes can lead to a host of Employers Problems can be compounded when companies hire and promote quickly. Providing a proper job description to potential hires helps alleviate future misunderstanding, problems and sometimes law suites.
Producing a proper job description will help you reduce future hassles. Complete job descriptions will make it easier to hire the best candidate for the job. Bonus! Your new employee will start off with a clear, structured understanding of their job requirements.
Your employees are your companies most important asset. Maximize their potential by providing training courses. Training will increase their success and thereby increase your company’s overall success. Including courses in subjects like Sexual Harassment will contribute to a safer work environment and potentially protect your company against litigation. Training your employees properly should be considered an investment in your company’s future.
Providing certificates of completion for formalized training can increase employee morale, recognition and should always be included in their performance reviews.
Start with an internal HR audit. In the ever-changing world of HR compliance most companies do not have the HR staff or resources internally to ensure compliance. If this describes your company, consider taking advantage of outside resources.
A well-thought-out plan will protect you, your employees, and your company.
Having policies and plans for handling unexpected events reduces the stress, potential liabilities, and costs.
A well-run HR department must be up to date on employment laws and regulations. To do this they will require trusted resources. When in doubt ask for professional assistance.
Being out of compliance with OSHA regulations will bring hours of additional work as well as stiff fines.
Avoiding costly mistakes is much easier than fixing them. Take the time to know the government agencies that regulate your business.
Even in the best of times, day-to-day business operations can distract you from spending time on the human resource side of your business Being proactive when it comes to human resources will help to avoid serious problems, save countless headaches and protect your company against costly legal claims.
Human resources and compliance can weigh down even the most experienced professionals. Our HR Advisors, one click compliance Handbook ,Compliance Database, HR Tools and Employee Training are ready to help navigate HR all year long. Everything included with your AllMyHR™ Solutions.
Holidays are a time to spend with family and friends, relax and recharge. Employees often look forward to pairing holidays with taking time off. Holidays a can also mean a vacation planning nightmare for a manager – the whole company can’t all be off at the same time, especially when it comes to small and medium businesses.
There will come a time when vacations requests will conflict and as a manager you will need to rearrange requests to make sure that core business functions are adequately covered.
Make sure to go over your PTO (Paid Time Off) policy with each employee – during new hire onboarding is the perfect time to do this. Have the policy in writing accessible in your company’s handbook and have each employee sign off on acknowledging the PTO policy. Make sure the policy clearly states what the policy is, when requests must be submitted by and how conflicts will be handled if they arise.
Examples of conflict resolution might be seniority, first come first serve, manage discretion or prioritizing off-season requests if they worked during the holidays. Firgure out what priorities you’ll take into account to solve conflicts.
One employee left you a voice message, one texted you, another emailed you, while another stopped in your office to ask – the perfect storm for issues such as missed requests or missing information that requires extra effort on your part to handle requests.
One example would be to create an online form that must be filled out when requesting PTO. A form would ensure all required data is collected, help to prevent lost or missed requests, and allow HR managers to keep track of request activities. Make sure to include a field for the reason for the request. This could help you resolve conflicts as well as make sure you’re complying with The Equal Employment Opportunity Commission (EEOC).
By creating a calendar accessible either electronically or on paper, that shows approved requests, can help employees plan accordingly to avoid conflicts. If you find employees monopolizing holiday time off by requesting it too far in advance you might consider opening up the calendar by quarters. Even well-planned strategies can’t accommodate unexpected time off, such as medical or bereavement leaves.
Consider offering employees incentives for working during periods where vacation requests are at their peak. This might be rewarding them with bonuses or 1-2 extra days off during off-peak times of the year. Even better, ask your employees what incentives they might be interested in. Employees will appreciate the opportunity to be listened to.
As long as the PTO policy is clear and you’ve been transparent about the needs of the business during that time, empowering employees to work together to trade or swap out days off can help reduce chaos. Be clear it’s expected that swaps should be worked out fairly and amicably but be prepared to step in to help with resolution if necessary.
Holidays are some of the most anticipated time of the year. You can avoid most vacation request nightmares by:
Compliance can weigh down even the most experienced professionals. Our HR Advisors, one click compliance Handbook ,Compliance Database, HR Tools and Employee Training are ready to help navigate HR all year long. Everything included with your AllMyHR™ Solutions.
Given a particularly divisive political climate in the United States, many companies are grappling with whether and how to attempt to limit conversations about politics in the workplace. Some companies are also interested in channeling 2020 Election Day energy into supporting voter turnout efforts and providing nonpartisan voter education information and resources. This three-part blog series explains what employers and managers can do and what pitfalls they need to avoid.
We began this three-part blog series with Part I: Managing Workplace Political Conversations followed by Part II: Voting Leave.
In whatever way an employer decides to address workplace political discussion and voting leave, communication around manager expectations is key. Consider guiding managers to:
Political elections always tend to stir the pot in any conversation be it with family, friends or co-workers. Freedom of speech is part of what makes being an American so awesome.
In Part I: Managing Workplace Political Conversations we discussed what kind of latitude a private employer has to limit political expression in the workplace. Employers stance could range from most permissive to most restrictive, with each stance having both pros and cons.
Part II: Voting Leave discussed how voting policy can vary from state to state, with a majority of states requiring that employees be given time off to vote. We encourage employers to go above and beyond the bare minimum requirements, especially during this unprecedented COVID-19 pandemic.
Finally, it’s up to the manager to communicate clearly and effectively whatever policy and stance the company decides to take regarding political conversations in the workplace. While not every employee may agree with the stance, they can get behind and respect a company that is transparent, clear and promotes respect in the workplace.
Compliance can weigh down even the most experienced professionals. Our HR Advisors, one click compliance Handbook ,Compliance Database, HR Tools and Employee Training are ready to help navigate HR all year long. Everything included with your AllMyHR™ Solutions.
Read the first two parts to this three-part blog series on politics in the workplace.
>> Part I: Managing Workplace Political Conversations | >> Part II: Voting Leave
Given a particularly divisive political climate in the United States, many companies are grappling with whether and how to attempt to limit conversations about politics in the workplace. Some companies are also interested in channeling 2020 Election Day energy into supporting voter turnout efforts and providing nonpartisan voter education information and resources. This three-part blog series explains what employers and managers can do and what pitfalls they need to avoid.
We began this series with Part I: Managing Workplace Political Conversations.
It comes as a surprise to many employers that a majority of states require that employees be given time off to vote, and in many cases, that time must be paid.
While we encourage employers to go above and beyond the bare minimum in any given year, the pandemic makes added flexibility especially important and helpful this year. Those who plan to vote on November 3 may face numerous challenges, including long lines, extended travel to dropbox locations, and kids who need supervision during the day. Even where it is possible to vote by mail or absentee ballot, experts anticipate that many people will still want to vote in person, so it is important not to assume that everyone can or should vote by mail.
Employers can do their part to encourage voting participation by removing obstacles at work.
And chances are those actions will pay dividends. A July 2018 Global Strategy Group survey found that 76 percent of people were more likely to work for a company that promoted democracy, 81 percent were more likely to buy that company’s products or services, and 81 percent were more likely to recommend the company to their friends or family.
The most generous approach to encourage voting is making Election Day a paid holiday. This will maximize employees’ ability to vote without concern over lost income. However, this is not an option for many businesses, so employers may consider some of the following alternatives:
Employers can help employees to be well informed of their state voting requirements and procedures and can take steps to promote civic engagement. Suggestions for this extra step include:
A few things not to do:
Compliance can weigh down even the most experienced professionals. Our HR Advisors, one click compliance Handbook ,Compliance Database, HR Tools and Employee Training are ready to help navigate HR all year long. Everything included with your AllMyHR™ Solutions.
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Given a particularly divisive political climate in the United States, many companies are grappling with whether and how to attempt to limit conversations about politics in the workplace. Some companies are also interested in channeling 2020 Election Day energy into supporting voter turnout efforts and providing nonpartisan voter education information and resources. This three-part blog series explains what employers and managers can do and what pitfalls they need to avoid.
A private employer generally has wide latitude to limit political expression in the workplace provided they do not run afoul of protected activity under Section 7 of the National Labor Relations Act (NLRA) or applicable state laws. However, it is nearly impossible to limit all political conversation in the workplace, and any attempt to do so may hurt morale or employee engagement. At the same time, without guidelines, political conversations can quickly become disruptive and devolve into activity that is not in line with company policies or behavioral expectations. Here are approaches to consider for dealing with political expression in the workplace; the right approach will ultimately depend on the employer’s specific situation and culture.
Where a work environment has well-established norms around upholding an inclusive culture and respectful treatment of colleagues, an employer can often trust staff to be mindful of how they engage on hot button topics and address any related issues on an as-needed basis. However, given how divisive things are now, even if a company has laid the groundwork to ensure their culture is civil and respectful, it may prove useful to communicate some ground rules ahead of the election.
There is no way to guarantee that employees engage with civility, compassion, and measured language. An employer can, however, help set the stage by:
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Employers may want to limit but not eliminate the possibility of political discourse in the workplace. In this case, it may be enough to spell out specific activities that are off limits. For example:
Employers should avoid singling out topics to be avoided, such as “No discussing Black Lives Matter.” It is likely to create employee morale issues and could even give rise to a discrimination claim. Even with a neutral policy, such as “No discussing religion,” employers need to ensure they are consistent in enforcement. If an employer only disciplined employees who were arguing about Judaism but not employees talking about Sunday’s Mass, it would be discriminatory. General polices of civility and respect are safer and more effective.
Employers taking the middle ground approach should also provide the guidelines presented above for the most permissive workplace and make sure they are familiar with Section 7, discussed below in the most restrictive workplace discussion.
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An employer is within its rights to attempt to ban almost all political discussions in the workplace (the exceptions are discussed below). That said, the risks of this approach are significant. A strict ban on talking politics in the workplace risks sending a message that an employer does not trust employees to use good judgment and engage with coworkers respectfully. It also fails to recognize the impact that current political and social issues have on employees.
Employers may also find it difficult to delineate what is considered political versus not political. What one person might consider an over-politicized issue may be very personal to someone else. For instance, prohibiting discussions about religious freedom, Black Lives Matter, and LGBTQ rights could feel like a prohibition on discussing an employee’s basic human experience. This can lead to feelings of exclusion and can potentially fuel claims of discrimination.
It is a common misconception that all speech is protected in all places, but the First Amendment right to free speech only protects people from having their speech limited by the government. Private employers are free to regulate speech in almost any way that does not conflict with Section 7 of the National Labor Relations Act.
Section 7 of the National Labor Relations Act gives non-supervisory employees the right to discuss the terms and conditions of their employment at any time, in any forum (e.g., the break room, the sidewalk, Facebook, or Yelp).
This includes discussing:
While this law protects some political activities, it does not give employees the right to discuss politics that are not work-related during work hours.
Employers that intend to limit workplace conversations should learn about Section 7 of the NLRA since it is easy to violate if its protections are not fully understood. Employers should make it clear in their communications that the company does not prohibit conversations that would be protected under the NLRA and does not limit employees’ ability to engage in off-duty political activities, but may investigate off-duty conduct that violates company policy.
Stayed Tuned for Part II: Voting Leave, coming soon.
Compliance can weigh down even the most experienced professionals. Our HR Advisors, one click compliance Handbook ,Compliance Database, HR Tools and Employee Training are ready to help navigate HR all year long. Everything included with your AllMyHR™ Solutions.
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As Coronavirus takes over our daily lives, the Federal and State Government release statements, information and business loans. We wait to hear final approval from the Senate for the proposed FMLA temporary updates for the Coronavirus Relief Bill and will update you here as soon as it passes.
Every industry is drowning in HR questions and our HR Advisors are prepared for every one of yours. Our online training keeps your employees learning and engaged remotely. We are ready to help you navigate during this crisis and all year long, for only $99 a month.
19 States so far have released Employment Law Updates and Coronavirus Response Statements.
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Specific States and Territories are offering low interest business loans. These locations are expanding, continue to check back if your area isn’t listed yet.
The U.S. Small Business Administration (SBA) is offering designated states and territories low-interest federal disaster loans for working capital to small businesses suffering substantial economic injury as a result of the Coronavirus (COVID-19). Upon a request received from a state’s or territory’s Governor, SBA will issue under its own authority, as provided by the Coronavirus Preparedness and Response Supplemental Appropriations Act that was recently signed by the President, an Economic Injury Disaster Loan declaration.
Read more on the SBA’s website.
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The Internal Revenue Service (IRS) released Notice 2020-15 for high deductible health plans and expenses related to 2019 novel coronavirus (COVID-19).
On March 11, 2020, the Internal Revenue Service (IRS) released Notice 2020-15 for high deductible health plans and expenses related to 2019 novel coronavirus (COVID-19) stating that, until further guidance is released, a health plan that otherwise satisfies the requirements of a high deductible health plan (HDHP) under I.R.C. § 223(c)(2)(A) will not fail to be an HDHP merely because it provides health benefits associated with testing for and treatment of COVID-19 without a deductible, or with a deductible below the minimum deductible (self only or family) for an HDHP. Therefore, an individual covered by the HDHP will not be disqualified from being an eligible individual under § 223(c)(1) who may make tax-favored contributions to a health savings account (HSA).
This does not modify previous guidance with respect to the requirements of an HDHP in any manner other than with respect to the relief for testing for and treatment of COVID-19. Vaccinations continue to be considered preventive care under § 223(c)(2)(C) for purposes of determining whether a health plan is an HDHP. Rather, the notice provides flexibility to HDHPs to provide health benefits for testing and treatment of COVID-19 without application of a deductible or cost sharing. Individuals participating in HDHPs or any other type of health plan should consult their particular health plan regarding the health benefits for testing and treatment of COVID-19 provided by the plan, including the potential application of any deductible or cost sharing.
Read Notice 2020-15.
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CDC and OSHA Response to COVID-19. Official Posters, Guidance, Public Health Response.
In response to the COVID-19 (coronavirus) outbreak, the U.S. Centers for Disease Control (CDC) issued:
The CDC has also created the following posters for download:
Additionally, the U.S. Occupational Safety and Health Administration (OSHA) has created a COVID-19 website for workers and employers addressing the disease, providing guidance, and other resources for preventing exposure to and infection with the virus. We recommend that employers review the CDC and OSHA websites frequently, as the COVID-19 outbreak continues to develop.
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The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) released a bulletin to ensure awareness of the ways that patient information may be shared under the HIPAA Privacy Rule.
In February 2020, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) released a bulletin to ensure that Heath Insurance Portability and Accountability Act (HIPAA) covered entities, and their business associates, are aware of the ways that patient information may be shared under the HIPAA Privacy Rule in an outbreak of infectious disease or other emergency situation. The bulletin also reminds covered entities that the protections of the Privacy Rule are not set aside during an emergency and discusses the following HIPAA topics:
The bulletin also provides links to the following resources:
HIPAA and Public Health, please visit: https://www.hhs.gov/hipaa/for-professionals/special-topics/public-health/index.html
General information on understanding the HIPAA Privacy Rule may be found at: https://www.hhs.gov/hipaa/for-professionals/privacy/index.html
Review the bulletin.
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The Supreme Court further defines the intersection of “actual knowledge” and prudent investments in Intel Corporation Investment Policy Committee et al. v. Sulyma, under the Employee Retirement Income Security Act (ERISA) and within retirement plan manager duties.
On February 26, 2020, the Supreme Court of the United States (SCOTUS) unanimously determined the intersection of “actual knowledge” and prudent investments in Intel Corporation Investment Policy Committee et al. v. Sulyma, under the Employee Retirement Income Security Act (ERISA) and within retirement plan manager duties.
Under ERISA, plan fiduciaries’ (which include plan trustees, plan administrators, and members of a plan’s investment committee) primary responsibilities are to run the plan solely in the interest of participants and beneficiaries and for the exclusive purpose of providing benefits and paying plan expenses. Fiduciaries must also act prudently and must diversify the plan’s investments in order to minimize the risk of large losses. For beneficiaries, ERISA requires that they bring a lawsuit against a plan fiduciary for imprudent investments within six years; however, if the beneficiary has “actual knowledge” of the imprudent investments, then the suit must commence within three years of gaining that knowledge.
In this case, Christopher Sulyma was an Intel Corporation employee from 2010 to 2012 who sued the corporation in October 2015 claiming it violated ERISA by investing large portions of plan assets in imprudent investments, resulting in significant losses for plan participants. However, Sulyma filed his case more than three years after the administrators disclosed their investment decisions to him, so the administrators argued his claim was untimely. Although the claim was filed within six years of the alleged breaches, it was more than three years after petitioners had disclosed their investment decisions to Sulyma and thus he had actual knowledge and missed the deadline to file his suit; therefore, Intel argued there should be no suit (it was untimely).
The court held that Sulyma did not have actual knowledge of the imprudent investments triggering the three-year shortened timeframe to bring a lawsuit. The court detailed that although Sulyma visited the website that hosted the disclosures many times during his employment, he testified that he did not remember reviewing the relevant disclosures and that he was unaware of the allegedly imprudent investments while working at Intel. The court went on to clarify that, “[i]f a plaintiff is not aware of a fact, he does not have ‘actual knowledge’ of that fact however close at hand the fact might be . . .” and “As presently written [ERISA] requires more than evidence of disclosure alone. That all relevant information was disclosed to the plaintiff is no doubt relevant in judging whether he gained knowledge of that information. [But to meet ERISA’s] ‘actual knowledge’ requirement . . . the plaintiff must in fact have become aware of that information.” In other words, SCOTUS held that Sulyma could have known about the investments from the disclosures, but according to his testimony he did not and therefore did not file his lawsuit too late.
The decision took effect on February 26, 2020.
Read about ERISA fiduciary responsibilities and SCOTUS’s decision.
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Those that meet any of the following criteria are not required to submit their information for the Occupational Safety and Health Administration (OSHA) Form 300A data.
The deadline for electronically reporting the Occupational Safety and Health Administration (OSHA) Form 300A data for calendar year 2019 was March 2, 2020. However, not all establishments need to submit their OSHA 300A Data. For example, those that meet any of the following criteria are not required to submit their information:
Note, these criteria apply at the establishment level, not to the company as a whole.
The collection of calendar year 2019 data and beyond will include the collection of each establishment’s Employer Identification Number (EIN).
Read more about OSHA injury and illness recordkeeping and reporting requirements here.
Individual State Labor Laws
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Consider your Employee Handbook the constitution of your company. They serve as much more than a collection of corporate rules and procedures. Handbooks are often revered by courts as binding terms and conditions of employment.
When it comes to unavoidable disagreements with employees, your written policies will make or break you. So when building your company’s employee handbook, here are six things to include and eight things to avoid as the creator.
Some of the most important verbiage within this document as it states the employment is at will. Nothing helps you avoid implied employment contracts like a clear, concise sentence stating “employees can be terminated without cause or notice.”
This is perhaps the most important policy to be sure is effective and correct. It should define employee harassment and have clear procedures to follow by listing out specific instructions. Instructions should include how to report the incident, who to report the claim to and any forms to complete. Employers are required to promptly investigate any and all claims with or without employees’ submission in writing.
Known to most employers as a probationary period. To remain effective this correct verbiage must be applied instead.
Most employee handbook templates focus solely on Federal requirements, but state and local laws are also extremely important not to overlook. These can affect the legality of specific wording as well as implementing policies. Being in breach of these can leave your company open for lawsuits. (Example: Although FMLA is a Federal Requirement for qualifying employers, California has specific, state-based FMLA requirements, including required extended leave)
Many companies google themselves into potential lawsuits on a regular basis. Laws and regulations change quite often, so your company shouldn’t rely on the first page of a search engine to determine the most up to date requirements. HR Professionals usually have their preferred systems to pull information, perhaps from a SHRM membership or another compliance database. Others prefer Automatic Handbook Builders that update when compliance requirements, laws or regulations change.
Too many companies don’t practice what they preach. Ensure your Supervisors have a working knowledge of your handbook’s policies and they review it with every update. Updates and supervisor review should take place every six months or less. Training your Supervisors, or Management will ensure the policies and standards you worked hard to create are upheld.
Handbooks are one of the most important resources for employees to have access to. This is important to you as the employer because your handbook cannot mitigate risk if your employees cannot access it. Encourage your employees to review the handbook completely. Require them to sign an acknowledgment stating they have received and have access to the current update.
*Pro Tip.*
A great way to ensure your employees will review your handbook is to place a secret reward message within a policy. Rewards such as a free lunch or an additional paid day off a year can go a long way. Change the location of this reward’s wording with each update. Current employees will naturally talk to new employees about this, encouraging them to review it.
Some Employee Handbook Builders provide Federal, State and Industry specific attorney written content. A system that is up-to-date and reliable can limit the need to turn to your business attorney. This can save your company thousands each year.
When used correctly, Handbook templates can be a useful starting point for small businesses. Although you should be warned: templates usually only include federal requirements and blanket statement policies. For a business to use these, they must invest a great deal of time writing their policies while researching state, local and specific industry laws, regulations and policies. Make sure this is a smart investment of time and resources beforehand and research Handbook Builders prior to beginning the process. Some cost as little as $225 a year with automatic updates.
Yes, technically your handbook is a quasi-legal document. More importantly, it serves as an irreplaceable reference to inform your staff of your culture, expectations, and requirements. Therefore, it shouldn’t read like a legal document. Your staff should be able to understand your handbook with clear and concise language.
By being too specific, listing out offenses or defining ‘steps taken’ per infraction, you can leave loopholes for employees to exploit. Not following your handbook during an infraction can open up the possibility of lawsuits or fines, and these can leave you unable to deviate from policy. To avoid these penalties, a disciplinary policy should include a specific disclaimer. This disclaimer should state: “As the employer, you reserve the right to enforce disciplinary steps as necessary, regarding the severity of the infraction.”
Imitation is the greatest form of flattery unless you’re ‘borrowing’ exact policy verbiage from others and revising only some of your own policies at a time. This can lead to contradictions or duplicate policies with different requirements, such as having Vacation, Military Leave and FMLA policies require different forms of notice. Read through your handbook with every policy update to ensure you stay consistent. There are also handbook builder services that provide automatic updates to avoid this confusion.
To mitigate risk when changing policies, your handbook should state that it is not a contract. It should also state policies can be revised at any time. Contractual or post-termination agreements, such as Nondisclosures or Arbitration agreements, should be completely separate from your handbook. Some states have recently gone as far as to change employer laws regarding Arbitration agreements (See NY July Law Alerts).
Remember, both employees and employers are bound by the handbook. Extensive detail can bind your hands when it comes to following procedures or policies. Protect yourself from this by utilizing verbiage such as “Supervisors shall…” or “the company reserves the right to…”
Requiring whistleblowers to bring their complaints internally first can actually put your company in illegal waters. Review your company’s confidentiality agreements to ensure they do not limit or impede anyone from communicating with enforcement agencies. These agreements should be separate from your handbook’s acknowledgment. *See Binding Agreement above*
Not following your specific policies the same for each employee can mean possible discrimination lawsuits. Additionally, unrealistic policies can hinder your supervisors. If your managers and supervisors won’t enforce it, make sure it’s not part of your handbook.
In Conclusion
All in all, your company was uniquely created. Your handbook should outline everything you expect from your employees. It should define the culture your company strives to provide every staff member. Learn how our handbook builder helps your company stay compliant with a simple click of a mouse.
Everything you need to stay compliant including:
And all for less than $230 a year.
Or, of course, you can check it out here.
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