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Featured News
Legal Briefs for HR #9 - 2009
-October 5, 2009-
Welcome to Legal Briefs for HR, an update on employment issues sent to over 4000 HR professionals, in-house counsel and business owners to help them stay in the know about employment issues. Anyone is welcome to join the email group . . . just let me know you?d like to be added to the list and you?re in! Back issues are posted on my firm?s website at www.munckcarter.com under E-Newsletter. A big welcome to new subscribers who attended my speech during the PIAA Technology, Human Resources and Finance Workshop in Charleston, SC!
Here?s what?s up:
# ABCs of ADA ? In restoring the Americans With Disabilities Act (ADA) to its original intent, Congress? first step was to amend the statute via the ADAAA, effective 1-1-09. The second step is for the EEOC to amend the implementing regulations, starting with the issue of a Notice of Proposed Rulemaking (NPRM). This was done on 9-23-09 with a 60-day comment period which will end on 11-23-09. You?ll find a complete copy of the NPRM and some FAQs on the EEOC website at www.eeoc.gov/policy/regs/index.html . The changes in the ADA included [1] no more use of mitigating measures when considering whether an individual has an impairment...More >>
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Legal Briefs for HR #9 - 2009 (Con't)
-October 5, 2009-
# Heads? Up, New York ? Effective 10-26-09, employers in New York will need to provide all newly hired employees with written notice of the employee?s rate of pay and identify the normal paydays. Non-exempt workers must also be advised of their overtime rate of pay and employers must retain a signed written acknowledgment from each employee, upon hire, of receipt of this written notice. The notice must comply with requirements set by the Commissioner of Labor, but no sample form has been provided yet. Don?t forget that overtime in most jurisdictions is 1.5 times the ?regular rate? of pay, which in some cases is not the same thing as the employee?s hourly rate or ?straight time? rate. If you?d like to see full text of the new law, you can find NY state laws at http://public.leginfo.state.ny.us and this provision is section 195 of the Labor Law (LAB).
# More Contractor Conundrum ? As example of the creeping erosion between employee and contractor status, the Third Circuit Court of Appeals has allowed an independent contractor to pursue race discrimination claims under 42 U.S.C. sec. 1981 (aka Civil Rights Act of 1866) against her former employer. Brown v. J. Kaz, Inc. (3rd Ci...More >>
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FW: Legal Briefs for HR #4 - 2009
-May 5, 2009-
Welcome to Legal Briefs for HR, an update on employment issues sent to over 4000 HR professionals, in-house counsel and business owners to help them stay in the know about employment issues. Anyone is welcome to join the email group . . . just let me know you?d like to be added to the list and you?re in! Back issues are posted on my firm?s website at www.munckcarter.com under E-Newsletter. Welcome to new subscribers who attended my speeches for Odyssey One Source and the Fort Worth chapter of the National Association of Women in Construction!
1. This Little Piggy Here are just a few of the websites that may become useful to you as we all watch and hold our breath as the swath of H1N1 (swine flu) expands. For workplace safety advice, go to www.osha.gov/Publications/OSHA3327pandemic.pdf. For medical information, including the locations of reported cases, go to www.cdc.gov/swineflu/. Dust off your FMLA policy and take note of the changed definitions (underlined below) that took effect on January 16. For example, a serious health condition may qualify under ?continuing treatment? if it lasts more than three consecutive, full calendar days and also involves at least two in...More >>
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