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MyHR Blog

myHRcounsel aims to be a thought leader in the realm of HR and employment law. Our team of attorneys and HR professionals compile weekly tips, advertise upcoming educational webinars, and distribute a Weekly Legal Brief containing the latest updates on law changes throughout the country.

March 11 Newsletter

March 11, 2024

Here’s What You’ll Find in our March 11 Weekly Legal Brief Blog of the Week- New NLRB Joint Employer Rule... Read More

March 11 Tip of the Week

March 11, 2024

“Disability Discrimination and Marijuana Use”                        As marijuana use, both recreational and medical, has become legalized in many states,... Read More

New NLRB Joint-Employer Rule Temporarily BLOCKED

March 11, 2024

On Friday, March 8, 2024, a federal judge blocked the new National Labor Relations Board (NLRB) joint-employer rule.  The rule... Read More

March 4 Newsletter

March 04, 2024

Here’s What You’ll Find in our March 4 Weekly Legal Brief Blog of the Week- CDC Updates COVID-19 Guidance Tip... Read More

CDC Updates COVID-19 Isolation Guidance

March 04, 2024

On Friday March 1st, the Centers for Disease Control (CDC) updated recommendations for respiratory viruses, including COVID-19, which now aligns... Read More

March 4 Tip of the Week

March 04, 2024

“Document, Document, Document” One of the most frustrating experiences for human resources professionals is addressing a supervisor who wants to... Read More

February 26 Newsletter

February 27, 2024

Here’s What You’ll Find in our February 26 Weekly Legal Brief Blog of the Week- NLRB Joint Employer Rule Delayed... Read More

February 26 Tip of the Week

February 26, 2024

“Misclassification: An Expensive Mistake” One of the most important things that an employer can do is to classify their employees... Read More

NLRB Joint Employer Rule Delayed Again

February 23, 2024

On Thursday February 22, U.S. District Court Judge J. Campbell Barker issued a brief order which will delay the effective... Read More

February 19 Newsletter

February 20, 2024

Here’s What You’ll Find in our February 19 Weekly Legal Brief Blog of the Week- Are You Ready for the... Read More

February 19 Tip of the Week

February 19, 2024

“EEOC’s Strategic Enforcement Plan” The Equal Employment Opportunity Commission released its 2024-2028 Strategic Enforcement Plan in late September 2023.  This... Read More

February 12 Newsletter

February 13, 2024

Here’s What You’ll Find in our February 12 Weekly Legal Brief Blog of the Week- Employee Handbooks: The Most Critical... Read More

February 12 Tip of the Week

February 12, 2024

“Round and Round, We Go” One of the most important things for employees is their pay check.  Every employee wants... Read More

February 5 Newsletter

February 06, 2024

Here’s What You’ll Find in our February 5 Weekly Legal Brief Blog of the Week- New Worker/Independent Contractor Rule: Are... Read More

February 5 Tip of the Week

February 06, 2024

“Compensable Time in the Electronic Age” Employers of hourly, non-exempt workers have often struggled with the question of what constitutes... Read More

New Worker/Independent Contractor Rule: Are You Ready to Get Compliant?

February 02, 2024

One of the greatest financial risks to your operation could be lurking quietly in the background, without your awareness. Many... Read More

January 29 Newsletter

January 30, 2024

Here’s What You’ll Find in our January 29 Weekly Legal Brief Blog of the Week- Can Employees Discuss their Wages... Read More

January 29 Tip of the Week

January 30, 2024

“No Fault Attendance Policies:  Are They Legal?” One of the most difficult employee issues that employers deal with on a... Read More

January 22 Newsletter

January 23, 2024

Here’s What You’ll Find in our January 22 Weekly Legal Brief Blog of the Week- Earned Wage and the National... Read More

January 22 Tip of the Week

January 23, 2024

“Best Practices in Employee Documentation”             “If a tree falls in the forest and no one is there to hear... Read More

January 15 Newsletter

January 15, 2024

Here’s What You’ll Find in our January 15 Weekly Legal Brief Blog of the Week- Bill Passed to Stop Implementation... Read More

January 15 Tip of the Week

January 15, 2024

“New Guidance on Sexual Harassment Standards” Employers are responsible for providing employees with a work environment that is free from... Read More

Bill Passed to Stop Implementation of Joint Employment Rule

January 12, 2024

Today(Friday January 12th), the House of Representatives passed a bill to stop the implementation of the NLRB’s new joint employer... Read More

January 8 Newsletter

January 08, 2024

Here’s What You’ll Find in our January 8 Weekly Legal Brief Blog of the Week- Top 6 Things to Prepare... Read More

January 8 Tip of the Week

January 08, 2024

“Social Media Background Checks” Does your company ever check social media or run Google searches on candidates? Did you know... Read More

January 1 Newsletter

January 01, 2024

Here’s What You’ll Find in our January 1 Weekly Legal Brief Happy New Year!! Blog of the Week- myHRcounsel Partners... Read More

January 1 Tip of the Week

January 01, 2024

“AI and the Workplace” The introduction of more widely available types of artificial intelligence, such as ChatGPT and various AI... Read More

myHRcounsel Partners with OHM Fitness

December 29, 2023

myHRcounsel© is pleased to announce a new partnership with OHM Fitness. This partnership will provide OHM Fitness franchisees with myHRcounsel’s... Read More

December 25 Newsletter

December 26, 2023

Here’s What You’ll Find in our December 25 Weekly Legal Brief Happy Holidays!! Blog of the Week- New Jersey Temporary... Read More

December 25 Tip of the Week

December 26, 2023

“New Year, New HR?” The Human Resources function in a business is one of the most important elements in ensuring... Read More

New Jersey’s Temporary Workers Bill of Rights

December 26, 2023

Staffing firms and temporary agencies are already feeling the effects of New Jersey’s Temporary Workers Bill of Rights, which went... Read More

Top Six Things HR Professionals Need to Get Ready for the New Year

December 21, 2023

Some professions are enjoying a lovely week of time off between Christmas and New Year’s Day.  But there’s no time... Read More

December 18 Newsletter

December 18, 2023

Here’s What You’ll Find in our December 18 Weekly Legal Brief Happy Holidays!! Blog of the Week- New Joint Employer... Read More

December 18 Tip of the Week

December 18, 2023

“No Fault Attendance Policies:  Are They Legal?” One of the most difficult employee issues that employers deal with on a... Read More

2024 Minimum Wage Roundup

December 18, 2023

Below we have compiled the list of states that are increasing their minimum wages for 2024. As always, be sure... Read More

December 11 Newsletter

December 11, 2023

Here’s What You’ll Find in our December 11 Weekly Legal Brief Blog of the Week- English Only Rules Tip of... Read More

December 11 Tip of the Week

December 10, 2023

“Proactive vs Reactive” As human resources professionals, it is often difficult to plan out your day because employee issues arise... Read More

The 7 Must Have HR Legal Documents for Business Owners

December 07, 2023

1. Offer Letter Covering everything from employment status to a statement saying compensation may be modified at the employer’s discretion... Read More

December 4 Newsletter

December 05, 2023

Here’s What You’ll Find in our December 4 Weekly Legal Brief Blog of the Week- Employee Handbooks Tip of the... Read More

2024 Webinars

December 04, 2023

We hope that you can join us for our webinars in 2024! Each Wednesday, we will host a 15-20 minute... Read More

December 5 Tip of the Week

December 04, 2023

“Severance Agreement Pitfalls” When an employer decides to terminate an employee – a decision that we all know is not... Read More

November 27 Newsletter

November 28, 2023

Here’s What You’ll Find in our November 27 Weekly Legal Brief Blog of the Week- Holiday Parties Tip of the... Read More

November 27 Tip of the Week

November 27, 2023

“Increased Employee Protections”             As we have seen over the last two years or more, there is an increased effort... Read More

November 20 Newsletter

November 21, 2023

Here’s What You’ll Find in our November 20 Weekly Legal Brief Blog of the Week- The Founding of myHRcounsel Tip... Read More

November 20 Tip of the Week

November 17, 2023

“Union Organizing Development” It is hard to miss the news these days about increased union organizing, with Starbucks and Amazon... Read More

November 13 Newsletter

November 13, 2023

Here’s What You’ll Find in our November 13 Weekly Legal Brief Blog of the Week- New NLRA Joint Employer Standard... Read More

November 13 Tip of the Week

November 13, 2023

“It’s a Remote World” The recent change in the workforce and the increased reliance on remote workers raises a number... Read More

The New NLRA Joint Employer Standard

November 10, 2023

*UPDATE- On November 16th, the NLRB pushed the effective date back to February 26, 2024 to facilitate the resolution of... Read More

November 6 Newsletter

November 07, 2023

Here’s What You’ll Find in our November 6 Weekly Legal Brief Blog of the Week- Proposed Overtime Threshold Tip of... Read More

November 6 Tip of the Week

November 07, 2023

“Service Animal Requests” Have you ever had an employee request to bring a service animal to work and wondered how... Read More

October 30 Newsletter

October 31, 2023

Here’s What You’ll Find in our October 30 Weekly Legal Brief Blog of the Week- Salary Discussions at Work Tip... Read More

October 30 Tip of the Week

October 30, 2023

“Building the Employee Relationship” In today’s workforce, building relationships is key to developing effective and productive employees.  Most people come... Read More

October 23 Newsletter

October 24, 2023

Here’s What You’ll Find in our October 23 Weekly Legal Brief Blog of the Week- Halloween in the Workplace Tip... Read More

October 23 Tip of the Week

October 23, 2023

“Final Wages” Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms or... Read More

October 16 Newsletter

October 17, 2023

Here’s What You’ll Find in our October 16 Weekly Legal Brief Blog of the Week- New Government Rules Tip of... Read More

October 16 Tip of the Week

October 13, 2023

“Words Matter…” As all human resources professionals know, the amount of union activity that has been occurring over the last... Read More

October 9 Newsletter

October 10, 2023

Here’s What You’ll Find in our October 9 Weekly Legal Brief Blog of the Week- Unions on the Rise Tip... Read More

October 9 Tip of the Week

October 09, 2023

“Retiree Health Insurance and COBRA” Employers who offer employee group health insurance must provide employees with a notice of their... Read More

Octoberber 2 Newsletter

October 03, 2023

Here’s What You’ll Find in our October 2 Weekly Legal Brief Blog of the Week- CA Fast Food Minimum Wage... Read More

October 2 Tip of the Week

October 02, 2023

“What Happened to Muzak” In today’s day and age of streaming services, for both music and video, Muzak – the... Read More

California Fast-Food Workers to Receive $20 per Hour

September 28, 2023

On Thursday September 28th, California Governor Gavin Newsom has signed AB 1228 into law which will see workers at fast-food... Read More

September 25 Newsletter

September 26, 2023

Here’s What You’ll Find in our September 25 Weekly Legal Brief Blog of the Week- Bullying in the Workplace Tip... Read More

September 25 Tip of the Week

September 26, 2023

“Document, Document, Document” In real estate, there is a well-known phrase:  “Location, location, location.”  The meaning behind this phrase is... Read More

September 18 Newsletter

September 19, 2023

Here’s What You’ll Find in our September 18 Weekly Legal Brief Blog of the Week- Comp Time for Nonexempt Employees... Read More

September 18 Tip of the Week

September 18, 2023

“Dress for Success” The patchwork of state and federal laws related to employment are seemingly endless and contain many nuances... Read More

September 11 Newsletter

September 12, 2023

Here’s What You’ll Find in our September 11 Weekly Legal Brief Blog of the Week- Should I Provide a Separation... Read More

September 11 Tip of the Week

September 11, 2023

“Remote I-9 Verification” While the COVID pandemic created a great deal of hardship for employers, one of the perceived benefits... Read More

September 4 Newsletter

September 05, 2023

Here’s What You’ll Find in our September 4 Weekly Legal Brief Blog of the Week- DOL Issues Proposed New Overtime... Read More

September 4 Tip of the Week

September 05, 2023

“Termination Letters: Required or Not?” One of the questions we often get asked at myHRcounsel is “I just terminated an... Read More

DOL Issues Proposed New Overtime Rule

August 31, 2023

On Wednesday August 30th, the Department of Labor issued a proposed rule to increase the threshold for salaried workers to... Read More

August 28 Newsletter

August 28, 2023

Here’s What You’ll Find in our August 28 Weekly Legal Brief Blog of the Week- Oregon Paid Leave Tip of... Read More

August 28 Tip of the Week

August 28, 2023

“Round and Round, We Go” One of the most important things for employees is their pay check.  Every employee wants... Read More

August 21 Newsletter

August 22, 2023

Here’s What You’ll Find in our August 21 Weekly Legal Brief Blog of the Week- PTO for Parents Tip of... Read More

August 21 Tip of the Week

August 21, 2023

“Is Two-Factor Authentication the same as Multifactor Authentication?” In short, no.  There are two categories for authentication they are:  Something... Read More

August 14 Newsletter

August 15, 2023

Here’s What You’ll Find in our August 14 Weekly Legal Brief Blog of the Week- New Government Rules Affecting your... Read More

New Government Rules Affecting your Business

August 14, 2023

The Biden Cabinet and other federal agencies are moving forward to act prior to the upcoming election to enact some... Read More

August 14 Tip of the Week

August 14, 2023

“Do I really need Multifactor Authentication(MFA) when I reset my passwords often?” YES!  Passwords alone can be easily compromised, guessed, or... Read More

August 7 Newsletter

August 08, 2023

Here’s What You’ll Find in our August 7 Weekly Legal Brief Blog of the Week- Violence in the Workplace Tip... Read More

August 7 Tip of the Week

August 07, 2023

“Criminal Background Checks: Sword or Shield?” At myHRcounsel we receive a lot of questions from employers regarding criminal background checks... Read More

July 31 Newsletter

August 01, 2023

Here’s What You’ll Find in our July 31 Weekly Legal Brief Blog of the Week- ERTC Tip of the Week-... Read More

July 31 Tip of the Week

July 31, 2023

“Snow Days to Heat Days” Anyone who has grown up in the Northeast or the Midwest where snow storms are... Read More

July 24 Newsletter

July 25, 2023

Here’s What You’ll Find in our July 24 Weekly Legal Brief Blog of the Week- Bullying in the Workplace Tip... Read More

July 24 Tip of the Week

July 24, 2023

“AI and the Workplace” The introduction of more widely available types of artificial intelligence, such as ChatGPT and various AI... Read More

July 17 Newsletter

July 17, 2023

Here’s What You’ll Find in our July 17 Weekly Legal Brief Blog of the Week- What to Do when you... Read More

July 17 Tip of the Week

July 14, 2023

“Wage Deductions” Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms or... Read More

July 10 Newsletter

July 10, 2023

Here’s What You’ll Find in our July 10 Weekly Legal Brief New Podcast- Available on Apple Podcasts & Spotify! Blog... Read More

July 10 Tip of the Week

July 10, 2023

“Service Animal Requests” Have you ever had an employee request to bring a service animal to work and wondered how... Read More

Nevada Passes New Legislation to Require Earned Wage Access Providers to Obtain a License

July 06, 2023

Nevada has jumped ahead of California in the race to regulate services that allow employees to access their wages before... Read More

June 26 Newsletter

July 05, 2023

Here’s What You’ll Find in our June 26 Weekly Legal Brief New Podcast- Available on Apple Podcasts & Spotify! Blog... Read More

July 3 Tip of the Week

July 05, 2023

“Reminder:  Pregnant Workers Fairness Act in Effect” Labor and employment laws change on a regular basis, with new laws being... Read More

June 26 Newsletter

June 27, 2023

Here’s What You’ll Find in our June 26 Weekly Legal Brief New Podcast- Available on Apple Podcasts & Spotify! Blog... Read More

June 19 Newsletter

June 20, 2023

Here’s What You’ll Find in our June 19 Weekly Legal Brief New Podcast- Available on Apple Podcasts & Spotify! Blog... Read More

June 26 Tip of the Week

June 16, 2023

“Holiday Pay” With the relatively recent adoption of a new federal holiday, Juneteenth, it is a good time to revisit... Read More

June 12 Newsletter

June 12, 2023

Here’s What You’ll Find in our June 12 Weekly Legal Brief New Podcast Blog of the Week- Earned Wage and... Read More

June 12 Tip of the Week

June 12, 2023

“Summer Vacation” Now that Memorial Day has passed and summer is officially here, it is time for employers to review... Read More

Earned Wage and the National Consumer Law Center

June 09, 2023

Are your employees taking out payday loans to stay current on bills or cover expenses that occur before payday?  You... Read More

June 5 Newsletter

June 05, 2023

Here’s What You’ll Find in our June 5 Weekly Legal Brief New Podcast Blog of the Week- Cyber Security Best... Read More

June 5 Tip of the Week

June 05, 2023

“Social Media Background Checks” Does your company ever check social media or run Google searches on candidates? Did you know... Read More

May 29 Newsletter

May 30, 2023

Here’s What You’ll Find in our May 29 Weekly Legal Brief Blog of the Week- New Minnesota Laws Tip of... Read More

May 29 Tip of the Week

May 30, 2023

“FMLA”      While this week’s tip of the week could easily take up an entire blog post or even an all-day... Read More

New Minnesota Laws to Effect Businesses

May 26, 2023

The Minnesota State Legislature has passed new bills which if signed by Governor Tim Walz, will have effects on all... Read More

Reminder: Do Not Use “Comp Time” for Nonexempt Employees in the Private Sector

May 23, 2023

Nonexempt employees in the private sector must be paid for all hours worked.  That includes overtime pay for all hours... Read More

May 22 Newsletter

May 22, 2023

Here’s What You’ll Find in our May 22 Weekly Legal Brief Blog of the Week- Electronic Monitoring Guidance Tip of... Read More

May 22 Tip of the Week

May 22, 2023

“I-9 and the End of COVID”       The federal emergency regarding COVID has ended and, as a result, a number... Read More

May 15 Newsletter

May 16, 2023

Here’s What You’ll Find in our May 15 Weekly Legal Brief Blog of the Week- Electronic Monitoring Guidance Tip of... Read More

May 15 Tip of the Week

May 15, 2023

“Wage Deductions”            Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms... Read More

New FMLA Poster

May 09, 2023

Just when you weren’t looking, the United States Department of Labor issued a newFMLA poster. The new poster can be... Read More

May 8 Newsletter

May 08, 2023

Here’s What You’ll Find in our May 8 Weekly Legal Brief Blog of the Week- New FMLA Poster Tip of... Read More

May 8 Tip of the Week

May 08, 2023

“Traps for the Unwary”             One of the most difficult aspects of Human Resources is the need to keep up... Read More

May 1 Newsletter

May 01, 2023

Here’s What You’ll Find in our May 1 Weekly Legal Brief Blog of the Week- English Only Rules Tip of... Read More

May 1 Tip of the Week

May 01, 2023

“Best Practices in Employee Documentation”             “If a tree falls in the forest and no one is there to hear... Read More

“English-Only” Rules Can Be a Legal Minefield for Employers

April 25, 2023

It happens often in the customer service industry.  Two of your employees speak English as a second language, while most... Read More

April 24 Newsletter

April 24, 2023

Here’s What You’ll Find in our April 24 Weekly Legal Brief Blog of the Week- Importance of Having Unlimited- Flat-fee... Read More

April 24 Tip of the Week

April 24, 2023

“Updated Summary of Rights”             Employers who conduct employee background checks should be familiar with the Fair Credit Reporting Act,... Read More

April 17 Newsletter

April 18, 2023

Here’s What You’ll Find in our April 17 Weekly Legal Brief Blog of the Week- BEWARE: ERTC Scams! Tip of... Read More

April 17 Tip of the Week

April 17, 2023

“Recent Guidance on the FLSA and the Administrative Exemption” The Fair Labor Standards Act requires employers to pay employees one... Read More

BEWARE: Employee Retention Tax Credit Scams!

April 14, 2023

While many businesses around the country have been able to successfully apply and receive the Employee Retention Tax Credit (ERTC),... Read More

April 10 Newsletter

April 10, 2023

Here’s What You’ll Find in our April 10 Weekly Legal Brief Blog of the Week- New Jersey Temporary Workers Bill... Read More

April 10 Tip of the Week

April 10, 2023

“It’s a Remote World” The recent change in the workforce and the increased reliance on remote workers raises a number... Read More

April 3 Newsletter

April 03, 2023

Here’s What You’ll Find in our April 3 Weekly Legal Brief Blog of the Week- Salary Discussions in the Office... Read More

April 3 Tip of the Week

April 03, 2023

“Details Matter” Often when dealing with legal issues, it is necessary to balance the equities to arrive at what is... Read More

March 27 Newsletter

March 28, 2023

Here’s What You’ll Find in our March 27 Weekly Legal Brief Blog of the Week- Cyber Security Tip of the... Read More

Cyber Security: Best Practices

March 27, 2023

As more and more of our communication and businesses are run in the cloud using electronic means and software, the... Read More

March 27 Tip of the Week

March 27, 2023

“Top 3 Things to Know BEFORE Partnering with Vendors” You’ll want to identify the following: Does our business have a... Read More

Cyber Security Webinar Series

March 24, 2023

Black Bottle IT and myHRcounsel have joined forces to bring you a three part webinar series on the growing risk... Read More

March 20 Newsletter

March 21, 2023

Here’s What You’ll Find in our March 20 Weekly Legal Brief Blog of the Week- Unions on the Rise Tip... Read More

March 20 Tip of the Week

March 20, 2023

“Building the Employee Relationship” In today’s workforce, building relationships is key to developing effective and productive employees.  Most people come... Read More

March 13 Newsletter

March 14, 2023

Here’s What You’ll Find in our March 13 Weekly Legal Brief Blog of the Week- ERISA Compliance Today Tip of... Read More

March 13 Tip of the Week

March 13, 2023

“Proactive vs Reactive” As human resources professionals, it is often difficult to plan out your day because employee issues arise... Read More

ERISA Compliance Today!

March 08, 2023

Did you know that EVERY business, literally, has to have a Summary Plan Description or SPD/Wrap Document, and that all... Read More

March 6 Newsletter

March 07, 2023

Here’s What You’ll Find in our March 6 Weekly Legal Brief Blog of the Week- What Have We Learned from... Read More

March 6 Tip of the Week

March 06, 2023

“No Fault Attendance Policies:  Are They Legal?” One of the most difficult employee issues that employers deal with on a... Read More

February 27 Newsletter

February 28, 2023

Here’s What You’ll Find in our February 27 Weekly Legal Brief Blog of the Week- FMLA: Determining Headcount with Remote... Read More

February 27 Tip of the Week

February 27, 2023

“Are Severance Agreements Worth It?” The decision to terminate an employee is never an easy one for a variety of... Read More

February 20 Newsletter

February 21, 2023

Here’s What You’ll Find in our February 20 Weekly Legal Brief Blog of the Week- Temporary Worker Bill of Rights... Read More

February 20 Tip of the Week

February 20, 2023

“Pregnancy as a Disability” Congress recently enacted the Pregnant Workers Fairness Act which takes effect on June 27, 2023.  The... Read More

Temporary Workers Bill of Rights Creates New Obligations for Staffing Employers in New Jersey

February 14, 2023

On February 6, 2022, the Temporary Workers Bill of Rights became law in the state of New Jersey, creating new... Read More

February 13 Newsletter

February 14, 2023

Here’s What You’ll Find in our February 13 Weekly Legal Brief Blog of the Week- Determining FMLA Headcount with Remote... Read More

February 13 Tip of the Week

February 13, 2023

“Disabilities and Accommodation” The Equal Employment Opportunity Commission recently issued new guidance regarding the treatment of employees and/or applicants who... Read More

FMLA: Determining Headcount with Remote Employees

February 11, 2023

On February 9, 2023, the Department of Labor issued official guidance on the Family and Medical Leave Act (FMLA), specifically,... Read More

February 6 Newsletter

February 07, 2023

Here’s What You’ll Find in our February 6 Weekly Legal Brief Blog of the Week- Three Day Weekend Coming Soon?... Read More

February 6 Tip of the Week

February 06, 2023

“Details Matter…” A recent Ninth Circuit court decision overruling a determination by a lower court is a cautionary tale to... Read More

Minnesota Governor Walz Signs CROWN Act into Law

February 02, 2023

On February 1, 2023, Minnesota Governor Tim Walz signed into law the Creating a Respectful and Open World for Natural... Read More

Three Day Weekend-Every Weekend? It May Be a Boon for Maryland Employers.

February 01, 2023

Maryland State Delegate Vaughn Stewart has proposed a bill in the Maryland Legislature that would offer a state tax credit... Read More

January 30 Newsletter

January 31, 2023

Here’s What You’ll Find in our January 30 Weekly Legal Brief Blog of the Week- Violence in the Workplace Tip... Read More

January 30 Tip of the Week

January 30, 2023

“Protected Classes” Human resources professionals have a difficult job; they must stay current on the everchanging labor and employment laws. ... Read More

January 23 Newsletter

January 24, 2023

Here’s What You’ll Find in our January 23 Weekly Legal Brief Blog of the Week- myHRcounsel Partners with Brewers Association... Read More

January 23 Tip of the Week

January 23, 2023

“Pay Equity and Transparency Laws: Points to Consider” One of the fastest growing areas of employment law is the push... Read More

myHRcounsel Partners with Brewers Association

January 17, 2023

Plymouth, MN January 17, 2023 myHRcounsel and Brewers Association announced today that the organizations have entered into an affinity partnership.... Read More

January 16 Newsletter

January 17, 2023

Here’s What You’ll Find in our January 16 Weekly Legal Brief Blog of the Week- NLRB Guidance Tip of the... Read More

January 16 Tip of the Week

January 13, 2023

“Artificial Intelligence, Help or Hindrance” As employers continue to look for ways to screen job applicants in a quick and... Read More

January 9 Newsletter

January 10, 2023

Here’s What You’ll Find in our January 9 Weekly Legal Brief Blog of the Week- Restrictive Covenants Tip of the... Read More

January 9 Tip of the Week

January 09, 2023

“Lessons from Pepsi Co. and Kronos” Recently, Pepsi Co. was the subject of a class action lawsuit from employees who... Read More

2023 Webinars

January 09, 2023

Thank you to everyone who has attended our Third Tuesday/Wednesday Webinars in the past few years! We appreciate your continued... Read More

January 2 Newsletter

January 04, 2023

Here’s What You’ll Find in our January 2 Weekly Legal Brief Blog of the Week- 2023 Minimum Wage Round Up... Read More

January 2 Tip of the Week

January 03, 2023

“New Year, New Info” As we begin the new year, it is a good time to take stock of the... Read More

2023 Minimum Wage Roundup

December 29, 2022

The end of 2022 is rapidly approaching, which means many states around the country, including our home base Minnesota have... Read More

December 19 Newsletter

December 19, 2022

Here’s What You’ll Find in our December 19 Weekly Legal Brief Blog of the Week- What to do when you... Read More

December 19 Tip of the Week

December 19, 2022

“New Year, New Laws” As the calendar year ends and the holiday parties and time off draw to a close,... Read More

December 12 Newsletter

December 13, 2022

Here’s What You’ll Find in our December 5 Weekly Legal Brief Blog of the Week- Are you required to pay... Read More

December 12 Tip of the Week

December 12, 2022

“Work/Life Balance” During the holidays, issues surrounding work/life balance become more prevalent, with employees feeling the added pressure of preparing... Read More

December 5 Newsletter

December 06, 2022

Here’s What You’ll Find in our December 5 Weekly Legal Brief Blog of the Week- State of the HR Industy... Read More

December 5 Tip of the Week

December 05, 2022

“What Constitutes Protected Collective Activity” To quote “Law and Order” – “ripped from the headlines” – important information can be... Read More

November 28 Newsletter

November 29, 2022

Here’s What You’ll Find in our November 28 Weekly Legal Brief Blog of the Week- Unions on the Rise Tip... Read More

November 28 Tip of the Week

November 28, 2022

“To Join or Not to Join” Unions and increased union activity have been in the news over the last year... Read More

November 21 Newsletter

November 21, 2022

Here’s What You’ll Find in our November 21 Weekly Legal Brief Blog of the Week- NLRB New Guidance Tip of... Read More

NLRB Issues New Guidance Impacting All Employers Using Electronic Monitoring or Surveillance

November 18, 2022

A memorandum has been issued by Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (NLRB), that will... Read More

November 14 Newsletter

November 15, 2022

Here’s What You’ll Find in our November 14 Weekly Legal Brief Blog of the Week- Pay Transparency Laws Tip of... Read More

November 14 Tip of the Week

November 15, 2022

“Compensable Time in the Electronic Age” Employers of hourly, non-exempt workers have often struggled with the question of what constitutes... Read More

November 7 Newsletter

November 07, 2022

Here’s What You’ll Find in our November 7 Weekly Legal Brief Blog of the Week- Oregon Paid Family and Medical... Read More

November 7 Tip of the Week

November 07, 2022

“Really???” Anyone who has ever worked in Human Resources knows that the truth is often stranger than fiction.  Over the... Read More

October 31 Newsletter

November 01, 2022

Here’s What You’ll Find in our October 31 Weekly Legal Brief Blog of the Week- Onboarding Paperwork Tip of the... Read More

October 31 Tip of the Week

October 31, 2022

“Compliance: The Next Frontier” Compliance with labor and employment laws is one of the most difficult responsibilities faced by Human... Read More

October 24 Newsletter

October 24, 2022

Here’s What You’ll Find in our October 24 Weekly Legal Brief Blog of the Week- Terminating before Investigating Tip of... Read More

October 24 Tip of the Week

October 24, 2022

“Policy, policy, and more policy” At myHRcounsel, we advise our clients of the importance of having clear, well-written, and widely... Read More

October 17 Newsletter

October 17, 2022

Here’s What You’ll Find in our October 17 Weekly Legal Brief Blog of the Week- PPP and the ERTC Tip... Read More

October 17 Tip of the Week

October 17, 2022

“Criminal Background Checks: Sword or Shield?” At myHRcounsel we receive a lot of questions from employers regarding criminal background checks... Read More

October 10 Newsletter

October 11, 2022

Here’s What You’ll Find in our October 10 Weekly Legal Brief Blog of the Week- PPP and the ERTC Tip... Read More

October 10 Tip of the Week

October 10, 2022

“No Good Deed …” There is an old saying that “no good deed goes unpunished.”  Nowhere is this more applicable... Read More

Pay Transparency Laws-New in Effect and On the Horizon

October 10, 2022

On November 1, 2022, New York City enacted a pay transparency ordinance that joins the state of Colorado and the... Read More

October 3 Tip of the Week

October 03, 2022

“Criminal Background Checks: Sword or Shield?” At myHRcounsel we receive a lot of questions from employers regarding criminal background checks... Read More

September 26 Newsletter

September 27, 2022

Here’s What You’ll Find in our September 26 Weekly Legal Brief Blog of the Week- Duty to Provide Leave to... Read More

September 26 Tip of the Week

September 26, 2022

“Increased Employee Protections”             As we have seen over the last two years or more, there is an increased effort... Read More

September 19 Newsletter

September 20, 2022

Here’s What You’ll Find in our September 19 Weekly Legal Brief Blog of the Week- Employee Dress Codes Tip of... Read More

September 19 Tip of the Week

September 19, 2022

“FSAs and Unpaid Leaves of Absence”             Flexible spending accounts are a great way for employees to put aside money... Read More

September 12 Newsletter

September 12, 2022

Here’s What You’ll Find in our September 5 Weekly Legal Brief Blog of the Week- Unions on the Rise Tip... Read More

September 12 Tip of the Week

September 12, 2022

“PDA: What Constitutes Discrimination” The world is full of acronyms and, as human resources professionals, we have more than our... Read More

Unions on the rise – what you need to know as an employer

September 08, 2022

We’ve all heard it and most of us have also seen it: reports of employees of fast food restaurants, big... Read More

September 5 Newsletter

September 06, 2022

Here’s What You’ll Find in our September 5 Weekly Legal Brief Blog of the Week- Violence in the Workplace Tip... Read More

September 5 Tip of the Week

September 02, 2022

“How to Respond to Union Activity:  A Lesson from Starbucks” The Biden Administration has repeatedly confirmed its support of increased... Read More

August 29 Newsletter

August 30, 2022

Here’s What You’ll Find in our August 29 Weekly Legal Brief Blog of the Week- What’s Protected under the 1st... Read More

August 29 Tip of the Week

August 29, 2022

“Employee Medical Information”             Although human resources professionals are not doctors, we are often asked to make determinations regarding an... Read More

August 22 Newsletter

August 23, 2022

Here’s What You’ll Find in our August 22 Weekly Legal Brief Blog of the Week- Politics in the Workplace Tip... Read More

August 22 Tip of the Week

August 22, 2022

“Wage and Hour Requirements” Employers are subject to a number of laws that govern their relationships with their employees.  These... Read More

August 15 Newsletter

August 16, 2022

Here’s What You’ll Find in our August 15 Weekly Legal Brief Blog of the Week- CDC Updates COVID Guidance Tip... Read More

August 15 Tip of the Week

August 15, 2022

“Drug Testing: Compensable?” We have addressed the issue of drug testing, when it is appropriate and when it can create... Read More

CDC Updates COVID Guidance

August 11, 2022

On Thursday August 11th, the Centers for Disease Control (CDC) released updated guidance in regards to the COVID-19 pandemic, which... Read More

August 8 Newsletter

August 08, 2022

Here’s What You’ll Find in our August 8 Weekly Legal Brief Blog of the Week- Does “Transgender Discrimination” Equal “Sex... Read More

August 8 Tip of the Week

August 08, 2022

“The Future of Drug Testing in the Workplace” For many years, employers have engaged in pre-employment drug testing, as well... Read More

August 1 Newsletter

August 02, 2022

Here’s What You’ll Find in our August 1 Weekly Legal Brief Blog of the Week- The Founding of myHRcounsel Tip... Read More

August 1st Tip of the Week

August 01, 2022

Whether you are terminating a “problem” employee who may be a litigation risk, or you choose to voluntarily pay severance... Read More

July 25 Newsletter

July 26, 2022

Here’s What You’ll Find in our July 25 Weekly Legal Brief Blog of the Week- The Founding of myHRcounsel Tip... Read More

July 25th Tip of the Week

July 25, 2022

“Accommodating an Employee” Think you don’t have to accommodate an employee working in a call center who suffers from angry,... Read More

The Founding of myHRcounsel

July 21, 2022

CEO & Co-Founder, Mark Young was looking for a real solution. Whether it was as CFO for a Fortune 500... Read More

July 18 Newsletter

July 19, 2022

Here’s What You’ll Find in our July 18 Weekly Legal Brief Blog of the Week- Collections Tip of the Week-... Read More

July 18th Tip of the Week

July 18, 2022

“Social Media Background Checks” Does your company ever check social media or run Google searches on candidates? Did you know... Read More

July 11 Newsletter

July 12, 2022

Here’s What You’ll Find in our July 11 Weekly Legal Brief Blog of the Week- IRS Increases Mileage Rates Tip... Read More

July 11 Tip of the Week

July 11, 2022

“Booting Up:  The New Donning and Doffing” Anyone familiar with the Fair Labor Standards Act and the line of cases... Read More

IRS Increases Mileage Rates

July 11, 2022

Only three states-California, Illinois, and Massachusetts-require private employers to reimburse employees for mileage.  (Mileage reimbursement is required by federal law... Read More

July 5 Newsletter

July 05, 2022

Here’s What You’ll Find in our July 5 Weekly Legal Brief Blog of the Week- THC Legal in MN Tip... Read More

July 5 Tip of the Week

July 05, 2022

“Performance Improvement Plans: Effective Tool or Booby Trap?” One of the hardest, but most important jobs, of an employer is... Read More

THC Edibles and Beverages Legal in Minnesota

July 01, 2022

Anyone aged 21+ in Minnesota can now purchase edibles or beverages that include up to 5mg of Delta-9 THC beginning... Read More

June 27 Newsletter

June 27, 2022

Here’s What You’ll Find in our June 27 Weekly Legal Brief Blog of the Week- What to Know about F1... Read More

June 27 Tip of the Week

June 27, 2022

“Re-Opening Tickets” This week’s Tip of the Week is less about the law, but more about our processes at myHRcounsel.... Read More

June 20 Newsletter

June 21, 2022

Here’s What You’ll Find in our June 20 Weekly Legal Brief Blog of the Week- Oregon Paid Family Leave Insurance... Read More

June 20 Tip of the Week

June 21, 2022

“Biometric Technology” Today’s tip of the week is a little bit tech and a little bit law.  We’re talking about... Read More

Oregon Paid Family and Medical Leave Insurance (PFMLI)

June 20, 2022

The state of Oregon is currently in the process of implementing a Paid Family and Medical Leave Insurance (PFMLI), which... Read More

Minnesota Employers – Are Your Employees Eligible for Hero Pay? If So, Your Notice Deadline is Approaching

June 16, 2022

The Minnesota Frontline Worker Pay Law (also known as the “hero pay” law) recently went into effect.  The law allows... Read More

June 13 Newsletter

June 14, 2022

Here’s What You’ll Find in our June 13 Weekly Legal Brief Blog of the Week- Tax Credits Available Tip of... Read More

June 13 Tip of the Week

June 13, 2022

“Words Matter” On June 1, 2022, the Seventh Circuit Court of Appeals granted the appeal of an employee who alleged... Read More

June 6 Newsletter

June 07, 2022

Here’s What You’ll Find in our June 6 Weekly Legal Brief Blog of the Week- What Have We Learned from... Read More

Earn up to $26,000 per Employee in Tax Credits

June 06, 2022

Just a friendly reminder – that 2-3 minutes can produce $26,000 PER EMPLOYEE in tax credits – a very simple... Read More

June 6 Tip of the Week

June 06, 2022

“Cybersecurity: Resources and Risks” An area of great concern for employers over the last several years is cybersecurity.  The media... Read More

What Have We Learned From COVID-And How Do We Prepare for the Future?

May 31, 2022

The COVID-19 pandemic changed everything about the workforce.  Positions that were once strictly onsite became hybrid or remote.  Revenue plummeted,... Read More

May 30 Newsletter

May 31, 2022

Here’s What You’ll Find in our May 30 Weekly Legal Brief Blog of the Week- Tax Credits Tip of the... Read More

May 30 Tip of the Week

May 27, 2022

“COVID: Take Two” Employers have been struggling with the impact of COVID in the workplace for more than two years. ... Read More

May 23 Newsletter

May 23, 2022

Here’s What You’ll Find in our May 23 Weekly Legal Brief Blog of the Week- Workplace Posters for Remote Workers... Read More

May 23 Tip of the Week

May 23, 2022

“The Hazards of Employee Monitoring” In today’s workplaces, employers have limited means of monitoring employee performance.  Supervisors and managers cannot... Read More

Don’t Let the Door Hit You: Discipline and Termination Solutions Every Employer Needs to Know

May 19, 2022

June 22 | 12:00pm EST This webinar will explore important factors that every employer must take into consideration before issuing... Read More

May 16 Newsletter

May 17, 2022

Here’s What You’ll Find in our May 16 Weekly Legal Brief Blog of the Week- NLRB Mandatory Meetings Tip of... Read More

May 16 Tip of the Week

May 17, 2022

“Long-Haul COVID” Do you have an employee who contracted COVID-19?  If so, you may need to deal with post-acute sequelae... Read More

NLRB General Counsel Focuses on Mandatory Meetings

May 13, 2022

There have been many stories in the news lately about successful unionization efforts at the state and local level, and... Read More

Tax Credits for your Business

May 11, 2022

Up to $26,000 per employee credits are STILL available under the American Rescue Plan Act of 2021! $26,000 per employee... Read More

Workplace Posters for Remote Workers

May 11, 2022

Your workforce may look different from how it did back in 2019, and you may now have remote or hybrid... Read More

May 9 Newsletter

May 10, 2022

Here’s What You’ll Find in our May 9 Weekly Legal Brief Blog of the Week- 4 Day Workweek Tip of... Read More

May 9 Tip of the Week

May 09, 2022

“A New Tool for Employment Discrimination Claims” One of the most common concerns for employers is ensuring the fair and... Read More

4 Day Work Week Coming Soon?

May 03, 2022

Not so fast. Even though California’s Democrat majority legislature introduced Assembly Bill 2932, that would have mandated a 4 day... Read More

May 2 Newsletter

May 03, 2022

Here’s What You’ll Find in our May 2 Weekly Legal Brief Blog of the Week- Separation Notice Tip of the... Read More

May 2 Tip of the Week

May 02, 2022

“Dress for Success” The patchwork of state and federal laws related to employment are seemingly endless and contain many nuances... Read More

April 25 Newsletter

April 26, 2022

Here’s What You’ll Find in our April 25 Weekly Legal Brief Blog of the Week- Collections Tip of the Week-... Read More

April 25 Tip of the Week

April 25, 2022

“Why Status Matters…” Much like the chicken and the egg question, employers and businesses have long struggled with the question... Read More

Collect on Your Unpaid Client Fees

April 25, 2022

Are you a small to medium sized business that are tired of a late paying client, or clients that don’t... Read More

April 18 Newsletter

April 19, 2022

Here’s What You’ll Find in our April 18 Weekly Legal Brief Blog of the Week- Leave to Working Parents Tip... Read More

April 18 Tip of the Week

April 18, 2022

“Damned if you do, damned if you don’t” On March 10, 2022, the acting administrator for the United States Department... Read More

April 11 Newsletter

April 11, 2022

Here’s What You’ll Find in our April 11 Weekly Legal Brief Blog of the Week- Harassment Tip of the Week-... Read More

April 11 Tip of the Week

April 11, 2022

“The Benefits Horizon” The COVID-19 pandemic changed the world of work in a myriad of ways – from remote working... Read More

April 4 Newsletter

April 05, 2022

Here’s What You’ll Find in our April 4 Weekly Legal Brief Blog of the Week- Unlimited PTO Tip of the... Read More

April 4 Tip of the Week

April 04, 2022

“Beware the Salary Discussion Trap”             Pay equity has long been an issue in the workplace.  “Equal pay for equal... Read More

March 28 Newsletter

March 29, 2022

Here’s What You’ll Find in our March 28 Weekly Legal Brief Blog of the Week- F1 Visa Tip of the... Read More

March 28 Tip of the Week

March 28, 2022

“No Fault Attendance” Every employer knows that regular and reliable attendance is one of the hallmarks of an effective and... Read More

March 21 Newsletter

March 22, 2022

Here’s What You’ll Find in our March 21 Weekly Legal Brief Blog of the Week- Wage Deductions- Cash Register Shortages... Read More

March 21 Tip of the Week

March 21, 2022

“Rethinking the Employment Relationship” As employers deal with the fallout from the COVID-19 pandemic and the impact that it has... Read More

March 14 Newsletter

March 14, 2022

Here’s What You’ll Find in our March 14 Weekly Legal Brief Blog of the Week- Wage Deductions- Tools & Equipment... Read More

March 14 Tip of the Week

March 14, 2022

“Planning for the Future…”             Compliance is one of the most difficult aspects of the Human Resources professional’s job.  There... Read More

March 7 Newsletter

March 08, 2022

Here’s What You’ll Find in our March 7 Weekly Legal Brief Blog of the Week- Wage Deductions- Uniforms Tip of... Read More

March 7 Tip of the Week

March 07, 2022

“The Importance of Job Descriptions”             When hiring, employers often feel pressure to get jobs posted and to bring people... Read More

February 28 Newsletter

March 01, 2022

Here’s What You’ll Find in our February 28 Weekly Legal Brief Blog of the Week- Tip of the Week- Retention... Read More

February 28 Tip of the Week

March 01, 2022

Concerned about Losing Employees at a Critical Time? Consider a Retention Bonus In this time of difficult labor markets and... Read More

February 21 Newsletter

February 22, 2022

Here’s What You’ll Find in our February 21 Weekly Legal Brief Blog of the Week- Separation Notice Tip of the... Read More

February 14 Newsletter

February 15, 2022

Here’s What You’ll Find in our February 14 Weekly Legal Brief Blog of the Week- Off-Duty Conduct Tip of the... Read More

February 14 Tip of the Week

February 14, 2022

“An Unsatisfactory Answer is Better Than No Answer” Working as a human resources professional is not for the faint of... Read More

February 21 Tip of the Week

February 14, 2022

“Paid Time Off” The COVID 19 pandemic brought forward many issues in the workplace, from the need to allow for... Read More

February 7 Newsletter

February 08, 2022

Here’s What You’ll Find in our February 7 Weekly Legal Brief Blog of the Week- Terminating Employees Tip of the... Read More

February 7 Tip of the Week

February 07, 2022

Does your workplace have a safety incentive program that rewards employees for completing a certain number of days without a... Read More

FLSA and State Wage & Hour Laws

February 02, 2022

February 15 | 12:00pm EST Travel time, rounding rules, overtime exemptions, donning and doffing, and wage deductions: just a few... Read More

January 31 Newsletter

February 01, 2022

Here’s What You’ll Find in our January 31 Weekly Legal Brief Blog of the Week- OSHA Withdraws ETS Tip of... Read More

January 31 Tip of the Week

February 01, 2022

Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More

OSHA Withdraws Vaccine/Test Mandate ETS

January 27, 2022

A few weeks after the Supreme Court halted OSHA’s Emergency Temporary Standard (ETS) requiring businesses with 100+ employees to have... Read More

January 24 Newsletter

January 25, 2022

Here’s What You’ll Find in our January 24 Weekly Legal Brief Blog of the Week- Discussing Wages at Work Tip... Read More

January 24 Tip of the Week

January 24, 2022

“COVID – The Gift that Keeps on Giving” Employers are faced with many decisions with respect to COVID and its... Read More

January 17 Newsletter

January 18, 2022

Here’s What You’ll Find in our January 17 Weekly Legal Brief Blog of the Week-OSHA ETS Blocked by SCOTUS Tip... Read More

January 17 Tip of the Week

January 17, 2022

State, Local, Federal – Are You in Compliance?  As we begin a new year, it is always a good idea... Read More

Supreme Court Blocks OSHA Vaccine/Test Mandate ETS

January 13, 2022

In an announcement on Thursday January 13th, the Supreme Court blocked the OSHA ETS which required employers with 100 or... Read More

January 10 Newsletter

January 11, 2022

Here’s What You’ll Find in our January 10 Weekly Legal Brief Blog of the Week-OSHA ETS Begins 1/10 Tip of... Read More

January 3 Newsletter

January 04, 2022

Here’s What You’ll Find in our January 3 Weekly Legal Brief Blog of the Week-CDC Guidance Tip of the Week-... Read More

January 3 Tip of the Week

January 03, 2022

“New Year, Fresh Start” As we begin a new calendar year, it is important to review your policies and handbooks... Read More

January 10 Tip of the Week

December 29, 2021

Amazon, Starbucks, who is next? What do Amazon and Starbucks have in common?  They both have been subject to union... Read More

CDC Updates Recommended COVID Isolation Time

December 27, 2021

In an announcement On Monday December 27th that will impact all employers, the CDC updated their recommended times for when... Read More

New York City Vaccine Mandate for Businesses Effective December 27, 2021.

December 27, 2021

Effective on December 27, 2021, a New York City workplace vaccine order which will apply to nearly 200,000 businesses, will... Read More

December 27 Tip of the Week

December 27, 2021

Reasonable Accommodations to Mandatory Vaccine Policies By now most employers know that if they implement a mandatory vaccination policy, they... Read More

December 20 Newsletter

December 20, 2021

Here’s What You’ll Find in our December 20th Weekly Legal Brief Blog of the Week- OSHA Vaccine Mandate Reinstated Tip... Read More

December 20 Tip of the Week

December 20, 2021

 You are looking to hire the best candidate for your open position and you want to avoid past hiring mistakes... Read More

U.S. 6th Circuit of Appeals Reinstates OSHA’s Vaccine Mandate ETS

December 19, 2021

UPDATE: 12/23/2021– The Supreme Court announced last night that it will hold a special hearing on Friday, January 7 to... Read More

December 13 Newsletter

December 14, 2021

Here’s What You’ll Find in our December 13th Weekly Legal Brief Blog of the Week- Federal Contractor Vaccine Mandate Halted... Read More

December 13 Tip of the Week

December 13, 2021

Today’s tip of the week is a little bit tech and a little bit law.  We’re talking about biometric technology... Read More

U.S. District Court Halts Federal Contractor Vaccine Mandate

December 09, 2021

On Tuesday December 7th, a U.S. district court in Georgia halted President Joe Biden’s vaccine mandate for federal contractors nationwide,... Read More

December 6 Newsletter

December 07, 2021

Here’s What You’ll Find in our November 29th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More

December 6 Tip of the Week

December 07, 2021

Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes?  As the popularity of vaping... Read More

November 29 Newsletter

November 30, 2021

Here’s What You’ll Find in our November 29th Weekly Legal Brief Blog of the Week- Separation Agreements Tip of the... Read More

November 29 Tip of the Week

November 30, 2021

While this week’s tip of the week could easily take up an entire blog post or even an all-day seminar,... Read More

We are Pleased to Announce a New Partnership with benePerks

November 29, 2021

Plymouth, MN, November 30, 2021 — myHRcounsel™ is pleased to announce a new partnership with benePerks. This partnership will provide... Read More

November 22 Newsletter

November 23, 2021

Here’s What You’ll Find in our November 22nd Weekly Legal Brief Blog of the Week- Off Duty Conduct Tip of... Read More

November 22 Tip of the Week

November 23, 2021

How Do I Handle Final Pay for a Deceased Employee? It’s not necessarily a frequent occurrence, but sometimes an employer... Read More

November 15 Newsletter

November 16, 2021

Here’s What You’ll Find in our November 15th Weekly Legal Brief Blog of the Week- OSHA ETS Temporarily Halted Tip... Read More

November 15 Tip of the Week

November 15, 2021

Are You Prepared to Conduct Effective Performance Reviews? Whether you review all employees’ performance at the same time each year,... Read More

November 8 Newsletter

November 08, 2021

Here’s What You’ll Find in our November 8th Weekly Legal Brief Blog of the Week- OSHA ETS Released Tip of... Read More

November 8 Tip of the Week

November 08, 2021

Think you don’t have to accommodate an employee working in a call center who suffers from angry, four-letter word outbursts?... Read More

Federal Appeals Court Temporarily Blocks OSHA’s Vaccine ETS

November 08, 2021

A federal appeals court temporarily blocked President Joe Biden’s Covid vaccine and testing requirements for private businesses on Saturday, just a day... Read More

OSHA Issues Emergency Temporary Standard (ETS) on COVID-19 Vaccines and Testing

November 04, 2021

UPDATE (11/8/2021): On Saturday November 6th, the 5th U.S. Circuit Court of Appeals granted an emergency stay of the ETS,... Read More

November 1 Newsletter

November 02, 2021

Here’s What You’ll Find in our November 1st Weekly Legal Brief Blog of the Week- Updated EEOC Guidance Tip of... Read More

November 1 Tip of the Week

November 02, 2021

Unvaccinated Employees, Premium Surcharges, and ACA Affordability In a recent tip of the week, we discussed the possibility of employers... Read More

EEOC Issues Updated Guidance on Religious Exemptions from Vaccine Mandates

October 27, 2021

On Monday October 26, the Equal Employment Opportunity Commission (EEOC) updated guidance issued on the onset of the COVID pandemic,... Read More

October 25th Newsletter

October 26, 2021

Here’s What You’ll Find in our October 25th Weekly Legal Brief Blog of the Week- Discussion of Wages & Salaries... Read More

October 25 Tip of the Week

October 25, 2021

FMLA: Can Employers and Employees Agree to Opt Out or Delay? A common misconception about the FMLA is that employers... Read More

October 18th Newsletter

October 19, 2021

Here’s What You’ll Find in our October 18th Weekly Legal Brief Blog of the Week- Employee Dress Codes Tip of... Read More

October 18 Tip of the Week

October 18, 2021

While many employers might already know that it is legal to require that employees provide evidence of a negative COVID-19... Read More

President Biden Issues Mandate on Vaccines for Large Employers. What does it Mean for Employers?

October 12, 2021

TBA | 12:00pm EST As many know, on Thursday September 9th, President Biden announced that his administration will mandate COVID-19... Read More

October Third Tuesday Webinar- COVID and the ADA- The Intersection Between Employee Protections and Employer Rights

October 12, 2021

Tuesday October 19th | 12:00pm EST Many employers have fallen into a routine when it comes to employees and the... Read More

October 11th Newsletter

October 11, 2021

Here’s What You’ll Find in our October 11th Weekly Legal Brief Blog of the Week- Halloween in the workplace Tip... Read More

October 11 Tip of the Week

October 11, 2021

Concerned about Losing Employees at a Critical Time? Consider a Retention Bonus In this time of difficult labor markets and... Read More

October 4th Newsletter

October 05, 2021

Here’s What You’ll Find in our October 4th Weekly Legal Brief Blog of the Week- COVID Leave Ends Tip of... Read More

October 4 Tip of the Week

October 04, 2021

California’s New Workplace Quota Law Reins in Warehouse Employers-Could a Similar Law Be Coming to a State Near You? California’s... Read More

Federal Leave for COVID-19 Ends on September 30, 2021

September 29, 2021

The American Rescue Plan Act (ARPA), passed earlier this year, allowed employers with less than 500 employees to voluntarily provide... Read More

September 27th Newsletter

September 28, 2021

Here’s What You’ll Find in our September 20th Weekly Legal Brief Blog of the Week- Wage Reductions Tip of the... Read More

September 27 Tip of the Week

September 28, 2021

In many locations where recreational marijuana is legal, employers are prohibited from testing for marijuana as a condition of employment.... Read More

September 20th Newsletter

September 20, 2021

Here’s What You’ll Find in our September 20th Weekly Legal Brief Blog of the Week- President Biden Vaccine Mandate Tip... Read More

September 20 Tip of the Week

September 20, 2021

What if My Employee Hasn’t Completed their Timesheet by Payday? This is a common situation facing employers.  Even if an... Read More

September 13th Newsletter

September 14, 2021

Here’s What You’ll Find in our September 13th Weekly Legal Brief Blog of the Week- President Biden Vaccine Mandate Tip... Read More

September 13 Tip of the Week

September 14, 2021

Does your employee handbook have a personnel file policy?  Nineteen states have laws requiring employers to allow employees to access... Read More

President Biden to Mandate COVID-19 Vaccines or Weekly Testing

September 09, 2021

On Thursday September 9th, President Joe Biden announced sweeping new vaccine requirements for the federal workforce and large private sector... Read More

September 6th Newsletter

September 07, 2021

Here’s What You’ll Find in our September 6th Weekly Legal Brief Blog of the Week- Point Factor Method Tip of... Read More

September 6 Tip of the Week

September 07, 2021

Happy September! As we approach the fall with Labor Day behind us, our Tip of the Week encourages all to... Read More

August 30th Newsletter

August 31, 2021

Here’s What You’ll Find in our August 30th Weekly Legal Brief Blog of the Week- Mask Requirement Tip of the... Read More

August 30 Tip of the Week

August 30, 2021

Many employers are now requiring their employees to be vaccinated against COVID-19.  Mandating a vaccination is allowed, as long as... Read More

August 23rd Newsletter

August 23, 2021

Here’s What You’ll Find in our August 23rd Weekly Legal Brief Blog of the Week- Pfizer Vaccine Approved Tip of... Read More

FDA Fully Approves Pfizer COVID-19 Vaccine

August 23, 2021

Today the Food and Drug Administration (FDA) announced that the Pfizer brand COVID-19 vaccine, which was previously available under Emergency... Read More

August 23 Tip of the Week

August 23, 2021

Don’t forget about health screenings in the chaos of mask and vaccination guidelines! Ever since the COVID-19 vaccines became widely... Read More

August 16th Newsletter

August 16, 2021

Here’s What You’ll Find in our August 16th Weekly Legal Brief Blog of the Week- Workplace Vaccination Programs Tip of... Read More

August 16 Tip of the Week

August 16, 2021

Do you have an employee who contracted COVID-19?  If so, you may need to deal with post-acute sequelae of SARS-CoV-2... Read More

August 9 Tip of the Week

August 09, 2021

Continuing to provide paid sick and family leave under the American Rescue Plan Act (ARPA)?  Make sure you are up... Read More

August 9th Newsletter

August 09, 2021

Here’s What You’ll Find in our August 9th Weekly Legal Brief Blog of the Week Tip of the Week- Webinar... Read More

August 2nd Newsletter

August 02, 2021

Here’s What You’ll Find in our August 2nd Weekly Legal Brief Blog of the Week- New CDC Guidance Tip of... Read More

August 2 Tip of the Week

August 02, 2021

OSHA has issued a new Interim Enforcement Response Plan that recommends implementing multiple layers of control to protect unvaccinated or... Read More

September Third Tuesday Webinar- Unemployment 101: Part 2: Employer Responsibility

July 28, 2021

Tuesday September 20th | 12:00pm EST Unemployment can seem like a simple machine: you put in money every quarter, it... Read More

August Third Tuesday Webinar- Unemployment 101: Part 1: Employee Eligibility

July 28, 2021

Tuesday August 17th | 12:00pm EST One of the biggest questions on employers’ minds when it comes to separation of... Read More

CDC Updates Mask Guidance- What it Means for Employers

July 28, 2021

The US Centers for Disease Control and Prevention (CDC) announced on Tuesday, July 27th that it would be amending previous... Read More

July 26th Newsletter

July 26, 2021

Here’s What You’ll Find in our July 26th Weekly Legal Brief Blog of the Week- ADA Anniversary Tip of the... Read More

July 26 Tip of the Week

July 26, 2021

You find out a candidate has two DWI’s – what can you ask?  Not if he/she has a drinking problem!! ... Read More

The Americans with Disabilities Act of 1990

July 23, 2021

Today, July 26, 2021, represents the 31st anniversary of the Americans with Disabilities Act of 1990. The ADA is one... Read More

The Importance of Having Unlimited, Flat-fee Legal Counsel as an Employer

July 21, 2021

Legal consultation in these 6 critical areas would cost over $10,000 annually from a traditional law firm. At myHRcounsel, we... Read More

July 19th Newsletter

July 19, 2021

Here’s What You’ll Find in our July 19th Weekly Legal Brief Blog of the Week- Tip of the Week- Background... Read More

July 19 Tip of the Week

July 19, 2021

Heads up for a massive increase in class action suits against companies that use background checks.  In 2019, the 9th Circuit... Read More

July 12th Newsletter

July 12, 2021

Here’s What You’ll Find in our July 12th Weekly Legal Brief Blog of the Week- Non Compete Agreements Tip of... Read More

July 12 Tip of the Week

July 12, 2021

If your company is contemplating bringing employees back into the office, there are a few practical steps HR/management should work... Read More

President Biden Signs Executive Order to Curtail Non-Compete Agreements

July 08, 2021

Update 7/12/21: On July 9, 2021, President Biden signed the “Executive Order on Promoting Competition in the American Economy,” in... Read More

Vaccination in the Workplace: Don’t Get Stuck when it Comes to Compliance

July 06, 2021

Tuesday July 20th | 12:00pm EST myHRcounsel’s attorneys present a Third Tuesday Webinar on the issue that’s giving all HR... Read More

July 5th Newsletter

July 06, 2021

Here’s What You’ll Find in our July 5th Weekly Legal Brief Blog of the Week- EEO-1 Extension Tip of the... Read More

July 5 Tip of the Week

July 06, 2021

Employers often ask our attorneys if they are required to report an employee’s suspected or known criminal conduct to law... Read More

EEO-1 Workforce Data Collection Deadline Extended

July 06, 2021

8/23/2021 UPDATE: The EEOC has once again extended the deadline until October 25, 2021. On June 28, 2021, the EEOC... Read More

June 28th Newsletter

June 29, 2021

Here’s What You’ll Find in our June 28th Weekly Legal Brief Blog of the Week- Separation Notices Tip of the... Read More

June 28 Tip of the Week

June 29, 2021

Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms or equipment, most... Read More

June 21st Newsletter

June 22, 2021

Here’s What You’ll Find in our June 21st Weekly Legal Brief Blog of the Week- Minimum Wage Tip of the... Read More

June 21 Tip of the Week

June 21, 2021

For the third time, the U.S. Supreme Court has upheld the constitutionality of the Affordable Care Act (ACA).  What does... Read More

July 1, 2021 Minimum Wage Updates

June 17, 2021

Effective on July 1, 2021, two states, and many major cities are increasing their minimum wage, which will require changes... Read More

June 14th Newsletter

June 15, 2021

Here’s What You’ll Find in our June 14th Weekly Legal Brief Blog of the Week- Wage Deduction Series Tip of... Read More

June 14 Tip of the Week

June 14, 2021

Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms or equipment, most... Read More

June 7th Newsletter

June 08, 2021

Here’s What You’ll Find in our June 7th Weekly Legal Brief Blog of the Week- Terminating Employees is Hard- Defending... Read More

June 7 Tip of the Week

June 08, 2021

If your company imposes noncompetition agreements on your employees, take heed.  Many states, the most recent of which is Oregon,... Read More

Third Tuesday Webinar: Parting Doesn’t Have to be Such Sweet Sorrow: Best Practices for Conducting Smoother Terminations

June 01, 2021

Tuesday June 15th | 12:00pm EST Join the attorneys at myHRcounsel for our monthly Third Tuesday webinar on a topic... Read More

June 1st Newsletter

June 01, 2021

Here’s What You’ll Find in our June 1st Weekly Legal Brief Blog of the Week- EEOC Guidance on Requiring/Incentivizing Vaccines... Read More

June 1 Tip of the Week

June 01, 2021

If your company is an ASK HR/ASK Pro subscriber, please review this week’s Tip of the Week for critical information... Read More

EEOC Issues Guidance on COVID-19 Vaccine Requirements and Workplace Incentives

May 28, 2021

EEOC Updated Guidance On Friday May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance for employers.... Read More

May 24th Newsletter

May 24, 2021

Here’s What You’ll Find in our May 24th Weekly Legal Brief Blog of the Week- DOL Withdraws Independent Contractor Rule... Read More

May 24 Tip of the Week

May 24, 2021

Do you have employees who use prescribed opioid medications to treat an injury or illness?  If you do, you might... Read More

May 17th Newsletter

May 17, 2021

Here’s What You’ll Find in our May 17th Weekly Legal Brief Blog of the Week- CDC Vaccination Guidance Tip of... Read More

May 17 Tip of the Week

May 17, 2021

Now that the CDC has announced fully vaccinated people no longer need to mask at most indoor and outdoor locations,... Read More

CDC Issues Updated Guidance for Fully Vaccinated Individuals

May 14, 2021

On May 13, 2021, the Centers for Disease Control (CDC) issued updated guidance for fully vaccinated individuals.  Here’s what you... Read More

May 10th Newsletter

May 11, 2021

Here’s What You’ll Find in our May 10th Weekly Legal Brief Blog of the Week- DOL Withdraws Independent Contractor Rule... Read More

May 10 Tip of the Week

May 10, 2021

If your company is an ASK HR/ASK Pro subscriber, please review this week’s Tip of the Week for critical information... Read More

DOL Withdraws Independent Contractor Rule

May 10, 2021

On May 5, 2021, the Department of Labor (DOL) announced a final rule withdrawing the Independent Contractor Status Under the... Read More

Sunsetting of MN Governor’s Executive Orders related to suspension of consumer collection activities

May 10, 2021

As many of you know, Emergency Executive Order 20-50, from May 4, 2020 suspended a number of collection activities related... Read More

May 4th Newsletter

May 04, 2021

Here’s What You’ll Find in our April 26th Weekly Legal Brief Blog of the Week- Is Federal Paid Leave on... Read More

May 4 Tip of the Week

May 03, 2021

Have you considered requiring new employees to present proof of vaccination as a condition of employment or giving preference to... Read More

Third Tuesday Webinar: Don’t Leave Money on the Table: ARPA Business Relief Provisions and How to Take Advantage of Them

May 03, 2021

Tuesday May 18th, 12:00pm EST Many major relief laws were borne out of the COVID-19 pandemic including the Coronavirus Aid,... Read More

Is Federal Paid Leave on the Horizon?

April 30, 2021

Earlier this week, President Biden announced the American Families Plan (the Plan). The Plan will: Ensure workers receive partial wage... Read More

Announcing a New Partnership Between GryphonHR and myHRcounsel

April 29, 2021

myHRcounsel™ is pleased to announce a new partnership with GryphonHR. This partnership will provide GryphonHR clients legal advice for all Form I-9 related issues.

April 26th Newsletter

April 27, 2021

Here’s What You’ll Find in our April 26th Weekly Legal Brief Blog of the Week- Why Staffing Agencies Shouldn’t Share... Read More

April 26 Tip of the Week

April 26, 2021

In many locations where recreational marijuana is legal, employers are prohibited from testing for marijuana as a condition of employment.... Read More

April 19th Newsletter

April 19, 2021

Here’s What You’ll Find in our April 19th Weekly Legal Brief Blog of the Week- Mask Exemption Tip of the... Read More

April 19 Tip of the Week

April 19, 2021

Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes?  As the popularity of vaping... Read More

April 12th Newsletter

April 13, 2021

Here’s What You’ll Find in our April 12th Weekly Legal Brief Blog of the Week- Mask Mandates Tip of the... Read More

April 12 Tip of the Week

April 13, 2021

While many employers might already know that it is legal to require that employees provide evidence of a negative COVID-19... Read More

April 5 Tip of the Week

April 05, 2021

As if dealing with a global pandemic, ever-evolving public health guidance, and related legislation wasn’t enough, as an employer, you... Read More

April 5th Newsletter

March 30, 2021

Here’s What You’ll Find in our April 5th Weekly Legal Brief Blog of the Week- Medical Marijuana Tip of the... Read More

March 29 Tip of the Week

March 29, 2021

Among other things, the recently passed American Rescue Plan Act of 2021 (“ARPA”) provides a COBRA premium subsidy from April... Read More

Third Tuesday Webinar: How an Employer Can Handle the Complex Web of Marijuana Laws

March 24, 2021

Tuesday April 20th, 12:00pm EST With over 15 states having legalized recreational marijuana, and even more allowing the use of... Read More

March 22nd Newsletter

March 23, 2021

Here’s What You’ll Find in our March 22nd Weekly Legal Brief Blog of the Week- CDC Vaccine Guidance Tip of... Read More

March 22 Tip of the Week

March 22, 2021

While you may generally adhere to the adage that you shouldn’t reinvent the wheel, when it comes to your existing... Read More

CDC Releases Workplace Vaccination Program Guidance

March 18, 2021

The CDC recently released guidance regarding workplace vaccination programs. The guidance assists employers in navigating options for encouraging immunization among... Read More

March 15th Newsletter

March 15, 2021

Here’s What You’ll Find in our March 15th Weekly Legal Brief Blog of the Week- New Stimulus Plan Tip of... Read More

March 15 Tip of the Week

March 11, 2021

As we face the one-year anniversary of the COVID-19 pandemic officially being declared a national emergency in the United States,... Read More

President Biden Signs into Law $1.9 Trillion American Rescue Plan Act

March 11, 2021

UPDATE: On Friday March 12th, President Joe Biden has signed into law the American Rescue Plan Act. On Wednesday March... Read More

March 8th Newsletter

March 08, 2021

Here’s What You’ll Find in our March 8th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More

March 8 Tip of the Week

March 08, 2021

You’ve likely heard of a few states reopening in March without required safety measures such as capacity limits and mask... Read More

House Passes American Rescue Plan Act

March 03, 2021

Early on Saturday morning, February 27, 2021, the U.S. House of Representatives passed the American Rescue Plan Act. The stimulus... Read More

March 1st Newsletter

March 01, 2021

Here’s What You’ll Find in our March 1st Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More

March 1 Tip of the Week

March 01, 2021

Back in October, the IRS released this Notice, extended the ACA reporting deadline for providing employees with plan year 2020... Read More

House Passes American Rescue Plan Act

March 01, 2021

Early on Saturday morning, February 27, 2021, the U.S. House of Representatives passed the American Rescue Plan Act. The stimulus... Read More

February 22nd Newsletter

February 22, 2021

Here’s What You’ll Find in our February 22nd Weekly Legal Brief Blog of the Week Tip of the Week Join... Read More

February 22 Tip of the Week

February 22, 2021

Did you know that policies in your employee handbook could potentially create contractual obligations? The Minnesota Supreme Court addressed this... Read More

February 15th Newsletter

February 16, 2021

Here’s What You’ll Find in our February 15th Weekly Legal Brief Thanks for joining us for our HR 101 Seminar!... Read More

February 15 Tip of the Week

February 15, 2021

The majority of states have legalized marijuana to one extent or another. CBD products with limited THC content and medical... Read More

February 8 Tip of the Week

February 09, 2021

Do you have employees who use prescribed opioid medications to treat an injury or illness?  If you do, you might... Read More

February 8th Newsletter

February 09, 2021

Here’s What You’ll Find in our February 8th Weekly Legal Brief Join us today for our HR 101 Seminar! Blog... Read More

Yardstik+myHRcounsel: Background Screening 101

February 03, 2021

What’s Covered? What is Background Screening? Why do Employers Screen? Compliance Requirements Best Practices & FAQs myHRcounsel’s Background Screening Services,... Read More

February 1st Newsletter

February 01, 2021

Here’s What You’ll Find in our February 1st Weekly Legal Brief Register for our HR 101 Seminar, which is next... Read More

February 1 Tip of the Week

February 01, 2021

There is still a lot of confusion around the Families First Coronavirus Response Act (FFCRA) obligations in 2021. With the... Read More

January 25th Newsletter

January 26, 2021

Here’s What You’ll Find in our January 25th Weekly Legal Brief Register for our HR 101 Seminar! Blog of the... Read More

January 25 Tip of the Week

January 25, 2021

One emerging area of complexity during this pandemic has been the payroll tax implications of an employee working from home... Read More

State Laws Seek to Thwart EEOC’s Green Light of Mandatory Vaccinations

January 20, 2021

Although the EEOC recently gave employers the green light to require employees receive COVID-19 vaccinations once available, some states are... Read More

January 18th Newsletter

January 18, 2021

Here’s What You’ll Find in our January 11th Weekly Legal Brief Register for our HR 101 Seminar! Blog of the... Read More

January 18 Tip of the Week

January 18, 2021

Could a federally-mandated $15.00 per hour minimum wage be on the way?  The short answer is yes, and it could... Read More

Timekeeping and Remote Employees-Tracking Hours and Remaining Compliant

January 14, 2021

The Fair Labor Standards Act (FLSA) requires employers to compensate employees for all time spent performing work, regardless of whether... Read More

EEOC Schedules 2021 Openings of EEO Data Collections

January 14, 2021

After a delay due to the COVID-19 public health emergency, the EEOC announced that it will reopen EEO data collections... Read More

What Off-Duty Conduct or Activity is Protected?

January 11, 2021

Could this happen to you?  More and more individuals who participated in the January 6 assault on the U.S. Capitol... Read More

January 11 Tip of the Week

January 11, 2021

With an increasing number of employees working from home during the COVID-19 pandemic, one question we have received often from... Read More

January 11th Newsletter

January 11, 2021

Here’s What You’ll Find in our January 11th Weekly Legal Brief Register for our HR 101 Seminar! Blog of the... Read More

January 4th Newsletter

January 05, 2021

Here’s What You’ll Find in our January 4th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More

January 4 Tip of the Week

January 04, 2021

With the rapid expansion of work from home arrangements, employers can be left wondering whether they must pay for an... Read More

December 28 Newsletter

December 29, 2020

Here’s What You’ll Find in our December 7th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More

December 28 Tip of the Week

December 29, 2020

While many employers might already know that it is legal to require that employees provide evidence of a negative COVID-19... Read More

New COVID-19 Relief Package

December 28, 2020

As we blogged here last week, Congress came to an agreement on a $900 billion COVID-19 relief package, and on... Read More

What Will Happen to FFCRA Leave in the New Year?

December 22, 2020

You have likely already heard rumblings about the House and Senate deal reached over the weekend on a new $900B... Read More

December 21 Newsletter

December 21, 2020

Here’s What You’ll Find in our December 7th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More

December 21 Tip of the Week

December 21, 2020

One question we’ve been asked many times by our clients is can my company require employees to wear facemasks on... Read More

Handbook Process

December 17, 2020

Did you know myHRcounsel can draft your employee handbook? If you have an existing handbook that requires an update, we... Read More

Third Tuesday Webinar: January 2021: How to Handle Complex ADA Accommodations and Avoid Costly Litigation in the New Year

December 15, 2020

If you’ve never heard of the interactive process, if you think the Americans with Disabilities Act doesn’t apply to your... Read More

December 14 Newsletter

December 15, 2020

Here’s What You’ll Find in our December 7th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More

December 14 Tip of the Week

December 14, 2020

While the thought of conducting an HR audit and employee handbook review can both seem daunting, the simple fact is... Read More

December 7 Newsletter

December 08, 2020

Here’s What You’ll Find in our December 7th Weekly Legal Brief Blog of the Week Tip of the Week Webinar... Read More

December 7 Tip of the Week

December 07, 2020

Although it can seem tempting to take deductions from a departing employee’s final wages for unreturned uniforms or equipment, most... Read More

November 30 Tip of the Week

November 30, 2020

While many employers might already know that it is legal to require that employees provide evidence of a negative COVID-19... Read More

November 30 Newsletter

November 30, 2020

Here’s What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Invitation-... Read More

November 16 Newsletter

November 23, 2020

Happy Thanksgiving from myHRcounsel! Here’s What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of... Read More

November 23 Tip of the Week

November 23, 2020

With COVID-19 cases steadily on the rise in most states, public health experts are urging people not to travel for... Read More

Legalization of Marijuana and its Impact on the Workplace

November 17, 2020

Voters in another four states, Arizona, Montana, New Jersey, and South Dakota, opted for legalization of marijuana in the recent... Read More

Third Tuesday Webinar: 50 State 2021 Update

November 17, 2020

With 2020 rapidly coming to a close, join our experts as we discuss some of the major law changes taking... Read More

November 16 Newsletter

November 17, 2020

What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Invite- Join... Read More

November 16 Tip of the Week

November 17, 2020

With the rapid expansion of work from home arrangements, employers can be left wondering whether they must pay for an... Read More

Can an employer have a policy that requires employees and customers get a Covid vaccination?

November 16, 2020

The short answer is yes, you can have a policy that requires employees get a COVID vaccination (or other vaccinations, such... Read More

What Does a Biden Administration Mean For Employers?

November 12, 2020

A new presidential administration can signal many changes for employers. While litigation persists, it appears likely employers should prepare for... Read More

Best Practices to Prepare for 2021

November 12, 2020

With 2020 rapidly coming to a close, what are the best practices for your company to prepare for 2021? Join... Read More

November 9 Newsletter

November 10, 2020

What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Recording- HR... Read More

November 9 Tip of the Week

November 09, 2020

When an employee attends training, employers can be left wondering whether they must pay employees for their time.  The Department... Read More

Offering Reasonable Accommodations to Clients with Disabilities

November 03, 2020

If your store policy requires everyone in the store to wear a mask at all times, you should be consistent... Read More

November 2 Newsletter

November 03, 2020

What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Recording- HR... Read More

November 2 Tip of the Week

November 02, 2020

The Centers for Disease Control (CDC) has again updated their guidance regarding contact tracing in the workplace and employers need... Read More

October 26 Newsletter

October 26, 2020

What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Invitation- HR... Read More

October 26 Tip of the Week

October 26, 2020

With Election Day just around the corner, employers need to take a moment to refresh themselves on the voting leave... Read More

October 19 Newsletter

October 20, 2020

What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Invitation- HR... Read More

October 19 Tip of the Week

October 20, 2020

Do you have employees who use prescribed opioid medications to treat an injury or illness?  If you do, you might... Read More

October 12 Newsletter

October 13, 2020

What You’ll Find in our re-designed Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation- HR... Read More

October 12 Tip of the Week

October 12, 2020

What if one of your employees shows up for work one morning with bloodshot, watery eyes and seems clumsy and... Read More

Are Your Employees Political Views in the Workplace Covered by Freedom of Speech

October 06, 2020

With the election just weeks away, join our experts as we discuss whether your employees’ political views are protected either... Read More

October 5 Newsletter

October 06, 2020

What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation- HR and... Read More

October 5 Tip of the Week

October 06, 2020

As if California employers didn’t have enough compliance concerns on their plate, Governor Newsom signed SB 973 into law adopting... Read More

Can you Require Facemasks?

October 02, 2020

During the COVID-19 pandemic we have seen multiple shifts in views by the public and employees.  Initially, the issue was... Read More

September 28 Newsletter

October 01, 2020

What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation HR and... Read More

September 28 Tip of the Week

October 01, 2020

The IRS issued guidance to employers regarding the proper reporting of employee use of leave under the FFCRA.  Employers must... Read More

September 21 Newsletter

September 21, 2020

What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation HR and... Read More

September 21 Tip of the Week

September 21, 2020

Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More

Remembering Ruth Bader Ginsburg

September 21, 2020

On Friday evening, the world lost a titan of the law. Justice Ruth Bader Ginsburg passed away after serving more... Read More

CDC Issues Updated Guidance on Asymptomatic COVID-19 Testing

September 20, 2020

In updated CDC guidance, the new guidance states that “if you have been in close contact, such as within 6... Read More

COVID-19/CORONAVIRUS State Re-openings

September 18, 2020

If you operate a business in Minnesota, North Dakota, South Dakota, and/or Wisconsin businesses, the following information will assist in... Read More

September 14 Newsletter

September 14, 2020

What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation HR and... Read More

EEOC (Once Again) Publishes Updated Guidance About the ADA, the Rehabilitation Act, and COVID-19

September 11, 2020

The EEOC has once again weighed in with updated guidance for employers to remain compliant when dealing with the COVID-19 pandemic in the workplace. The EEOC’s most recent FAQs are largely based on its webinar from March 2020, so much of the guidance may already be familiar to employers.

September 7 Newsletter

September 07, 2020

What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation HR and... Read More

September 7 Tip of the Week

September 07, 2020

While many employers might already know that it is legal to require that employees provide evidence of a negative COVID-19... Read More

August 31 Tip of the Week

August 31, 2020

Before COVID-19 hit back in March, our attorneys advised clients on the Americans with Disabilities Act (ADA) frequently, but once... Read More

August 31 Newsletter

August 31, 2020

What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation HR and... Read More

Department of Labor Steps in With New FAQs to Guide Employers as the School Year Starts

August 31, 2020

One question that’s been front and center for many employers as we approach fall, is how the FFCRA’s expanded FMLA (EFMLA) and emergency paid sick leave (EPSL) provisions will apply when employee’s children may or may not be going back to in-person instruction. The Department of Labor, seeking to clarify this on behalf of employers, released three new FAQs last week that are instructive.

August 24 Tip of the Week

August 24, 2020

With the rapid expansion of work from home arrangements, employers can be left wondering whether they must pay for an... Read More

August 24 Newsletter

August 24, 2020

What You’ll Find in our Weekly Legal Brief Blog of the Week Tip of the Week Webinar Inivitation HR and... Read More

Presidential Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster

August 24, 2020

On August 8, 2020, the President issued a Memorandum Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster, directing the Secretary of Treasury to use his authority to defer the withholding, deposit, and payment of the employee share of Social Security taxes on applicable wages paid from September 1, 2020, through December 31, 2020. As currently written, this measure is merely a temporary deferral, and not forgiveness of any tax obligations.

August 17 Tip of the Week

August 17, 2020

During these last days of summer, before open enrollment and back-to-school FFCRA woes plague you, now can be a good... Read More

August 10 Tip of the Week

August 11, 2020

Do you have employees who use prescribed opioid medications to treat an injury or illness?  If you do, you might... Read More

Federal Court in New York Strikes Down Four Key Provisions of FFCRA Regulations

August 06, 2020

In April 2020, the State of New York sued the U.S. Department of Labor (DOL), claiming it “unlawfully narrows workers’ eligibility for emergency family leave and paid sick leave guaranteed by the [FFCRA].”

Earlier this week, a federal judge for the Southern District for New York agreed with the State of New York and struck down four main regulations:

August 3 Tip of the Week

August 06, 2020

Does your business have a written plan in place for getting back to business once states start reopening after COVID-19... Read More

California COVID-19 Employer Playbook For a Safe Reopening

July 29, 2020

California released a COVID-19 Employer Playbook For a Safe Reopening to help employers “plan and prepare for reopening their business and to support a safe, clean environment for workers and customers.”

The Department of Labor Issues Additional COVID-19 Guidance

July 28, 2020

The United States Department of Labor (DOL) recently issued additional guidance related to COVID-19 and the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA). Below are some non-exhaustive highlights.

July 27 Tip of the Week

July 28, 2020

Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More

Paid Leave for Parents Under the Families First Coronavirus Response Act (FFCRA)

July 27, 2020

While many parents remain in limbo regarding the status of their child’s school this fall, some of your parent-employees have undoubtedly received confirmation as to whether their child will be attending full time in-person classes, full time distance learning, or a hybrid of the two. Your employees may be asking for teleworking arrangements or a period of continuous leave to stay home and care for school aged children whose schools have chosen a full time distance learning model.

Senate Pandemic Relief Proposal Expected Soon (UPDATED 7/27/2020)

July 24, 2020

With the Federal Pandemic Unemployment Compensation program, created by the CARES Act, set to expire in a week, many people are wondering about the next phase of relief from the federal government given the ongoing pandemic.

Minnesota Governor Issues Mask Requirement

July 23, 2020

Joining the long list of states with mask mandates, on July 22, Minnesota Governor issued Executive Order 20-81, which requires people in Minnesota to wear a face covering in all public indoor spaces and businesses, and even some outdoor spaces, unless they are alone or otherwise qualify for an exemption or accommodation. The face covering requirement is intended to supplement, and not replace, other prevention efforts such as physical distancing and hand washing. This Executive Order is effective starting July 25, and it remains in effect until the peacetime emergency declared in Executive Order 20-01 ends or until cancelled by a proper authority.

July 20 Tip of the Week

July 21, 2020

The Department of Homeland Security, as they were expected to, extended its temporary relief measure for employers regarding the physical... Read More

DOL Issues New FMLA Model Notices and Forms

July 17, 2020

Much like the rest of us, the U.S. Department of Labor apparently needed a break from COVID-19 news, so it has turned its attention to FMLA classic and released new model notices and forms for administration of FMLA leave.

Here are some highlighted changes:

July 13 Tip of the Week

July 14, 2020

Last week, the IRS issued guidance to employers regarding the proper reporting of employee use of leave under the FFCRA. ... Read More

July 6 Tip of the Week

July 09, 2020

Have you ever had an employee request to bring a service animal to work and wondered how to handle the... Read More

Paycheck Protection Program Extended

July 07, 2020

The original deadline to apply for a Paycheck Protection Program (PPP) loan was June 30, 2020, but over the weekend, the President signed S. 4116 into law, extending the program for another five weeks. The program will now remain open until August 8, 2020. This program extension comes on the heels of The Paycheck Protection Program Flexibility Act which already provided good news to borrowers by making important changes to some of the original program terms.

Liability Waivers: Can I Force my Employees to Sign Before Returning to Work?

July 02, 2020

Even as many businesses begin the reopening process, COVID-19 is still very much a public health concern. While you may be implementing liability waivers for your customers and clients to limit the risk to your organization, when it comes to your employees, think again.

June 29 Tip of the Week

June 29, 2020

The Department of Labor (DOL) recently published guidance clarifying that employees may use FFCRA paid family leave if the employee... Read More

Supreme Court Rules That Title VII of the Civil Rights Act of 1964 Prohibits Employment Discrimination Against Gay and Transgender Individuals

June 24, 2020

By now, you’ve likely heard about the landmark Supreme Court ruling issued last week in Bostock v. Clayton County, Georgia. Bostock is a consolidation of three cases involving employees who were fired either for being gay or transgender. In a 6-3 opinion written by Justice Neil Gorsuch, the Court stated that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” Of course, discrimination on the basis of sex is specifically prohibited by Title VII of the Civil Rights Act of 1964.

SBA Releases New Guidance and PPP Loan Forgiveness Application

June 22, 2020

In response to changes made to the PPP loan program by the Paycheck Protection Program Flexibility Act of 2020 (which... Read More

June 22 Tip of the Week

June 22, 2020

While many employers might already know that it is legal to require that employees provide evidence of a negative COVID-19... Read More

June 15 Tip of the Week

June 16, 2020

The Supreme Court ruled yesterday, June 15th, that Title VII of the Civil Rights Act of 1964, which prohibits employers... Read More

SCOTUS Rules that Gay and Transgender Workers are Included in the Title VII of the Civil Rights Act of 1964

June 15, 2020

In a landmark ruling on Monday June 15, 2020, the United States Supreme Court has ruled that gay and transgender... Read More

June 8 Tip of the Week

June 09, 2020

Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes?  As the popularity of vaping... Read More

The Paycheck Protection Program Flexibility Act of 2020: What is it, and what’s next?

June 04, 2020

For many companies who received a Paycheck Protection Program (PPP) loan, unexpected problems arose alongside the payroll issues the PPP was designed to help solve. PPP provides forgivable loans to small businesses impacted by the COVID-19 pandemic (for background information, see our blogs about PPP here, here, here, and here). As the program nears the end of the covered period on June 30, however, it has become clear that borrowers are facing unintended complications.

CDC Reopening Guidelines

June 02, 2020

Last week, the Centers for Disease Control and Prevention (CDC) issued guidelines for reopening businesses, schools, day camps, health care facilities, mass transit, child care, and other industries.

The following is a snippet of a few topics addressed in the newly released guidance.

June 1 Tip of the Week

June 01, 2020

One question we’ve been asked many times by our clients is can my company require employees to wear facemasks on... Read More

May 25 Tip of the Week

May 26, 2020

While this week’s tip of the week could easily take up an entire blog post or even an all-day seminar,... Read More

Paycheck Protection Program Update

May 19, 2020

By now, you’re likely familiar with the Paycheck Protection Program (PPP), which provides forgivable loans to small businesses impacted by the COVID-19 pandemic (for background information, see our blogs about PPP here, here, and here). As many business come to the end of their 8-week covered loan period, the SBA released a loan forgiveness application and instructions.

May 18, 2020

May 18, 2020

As businesses continue bringing employees back into the workplace, many HR professionals are wondering exactly what kinds of questions they... Read More

Workers’ Compensation Claims Likely to Skyrocket Thanks to New Legal Presumptions of COVID-19 Infection

May 18, 2020

As more states lift stay-at-home orders and give employers the green light to bring workers back on site, one thing employers need to be on the lookout for is an increase in workers’ compensation claims. Workers’ compensation statutes are no-fault, meaning that employees do not need to prove negligence on the part of the employer to establish liability. It also means the employer cannot use negligence on the part of the employee as a defense to a claim. In practice, then, employees who are injured or become ill on the job are entitled to benefits like wage replacement and medical expenses, and employer liability is limited, in most circumstances, to only those benefits available through workers’ compensation.

May 11, 2020

May 12, 2020

Does your business have a written plan in place for getting back to business once states start reopening after COVID-19... Read More

Pandemic Preparedness and Response Plan What is it and why do you need one?

May 12, 2020

As stay-at-home orders expire and restrictions loosen, many employers are thinking ahead to their reopening phase. Organizations are generally encouraged... Read More

May 4, 2020

May 05, 2020

Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More

Main Street Lending Program

May 04, 2020

The Federal Reserve has announced that it is establishing a Main Street Lending Program (Program) to support lending to small and medium-sized businesses that were in sound financial condition before the onset of the COVID-19 pandemic but who may have been unable to access the Paycheck Protection Program (PPP) loans or who require additional financial support after receiving a PPP loan. Unlike PPP loans, Main Street loans are not forgivable.

COVID-19/CORONAVIRUS Office Reopening Q & A

May 01, 2020

Note: The Families First Coronavirus Response Act expired on December 31, 2020.  On December 27, 2020, President Trump signed a... Read More

April 27, 2020

April 30, 2020

Employees who are requesting leave under the FFCRA either for the Expanded Family and Medical Leave or Emergency Paid Sick... Read More

What Do I Need to Know About F1 Visa Holders?

April 29, 2020

An F1 visa is a nonimmigrant visa for individuals who wish to pursue an education in the US. Every noncitizen who enters the US to attend school (from elementary school to post-graduate college) must apply for an F1 visa. To obtain an F1 visa, students must be able to show admission to a school approved by the Student and Exchange Visitor Program, official residency in a foreign country and intentions to return home, and sufficient financial support to remain in the US during their studies.

New Stimulus Bill Replenishes Small Business Loan Programs

April 25, 2020

On April 24, the President signed the Paycheck Protection Program and Health Care Enhancement Act (the “Act”) into law. Among other things, the Act allocates over $300 billion to replenish the Paycheck Protection Program (“PPP”), including $60 billion specifically set aside for loans made by community-based banks and smaller lenders. The Act also increases Economic Injury Disaster Loan (“EIDL”) program appropriations by $50 billion, and EIDL grant program funds by $10 billion.

April 20, 2020

April 21, 2020

We know that for many states and cities, companies are still in the throes of furloughs, layoffs, RIFs and other... Read More

April 13, 2020

April 13, 2020

For those employers who are operating a remote workforce and taking physical proximity precautions due to COVID-19, the Department of... Read More

Can I Reduce My Employees’ Wages and Salaries Due to Economic Slump?

April 13, 2020

The economic impact of the COVID-19 pandemic and related business closures and/or slowdown has been devastating for many. Employers are forced to cut costs, and many are considering reductions in hours, wages, and salaries to remain afloat. While this is a reasonable measure to minimize business interruptions and to keep as many employees on payroll as possible, employers should carefully implement wage, salary, and hour reductions to maintain legal compliance. The following provides general, federal guidance on these cost-cutting options, but employers should note that certain workers may be subject to additional laws (for instance those working on employment-based immigrant visas), and some states and local jurisdictions have stricter laws and regulations with which to comply.

State of the HR Industry- a Note from our CEO Mark Young

April 13, 2020

At 53 years of age, and as a leader of my sixth business, this is not my first economic crisis or downturn, and in each... Read More

FFCRA Tax Credits

April 07, 2020

On April 1, 2020, the Families First Coronavirus Response Act (FFCRA) went into effect, requiring employers to provide employees with paid sick leave (PSL) and expanded leave under the Family and Medical Leave Act (EFMLA) and enabling employers to recoup the cost of these leaves through tax credits. The IRS has issued guidance for employers with regard to obtaining and processing these tax credits.

The Small Business Administration Issues an Interim Final Rule for the Paycheck Protection Program

April 07, 2020

The Small Business Administration (SBA) has issued an interim final rule to announce implementing regulations for the new Paycheck Protection Program (PPP), which was created by the Coronavirus Aid, Relief, and Economic Security (CARES) Act to offer low-interest loans to small businesses affected by the COVID-19 crisis. The PPP encourages businesses to maintain employee numbers and compensation by offering loan forgiveness, subject to certain conditions. General information on the PPP and eligibility requirements can be found here.

April 6, 2020

April 07, 2020

Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More

March 30, 2020

April 02, 2020

Many of you are already aware that the federal FLSA increased the salary cutoff for exempt workers from $455 per... Read More

March 23, 2020

April 02, 2020

Have you ever had an employee request to bring a service animal to work and wondered how to handle the... Read More

USERRA- COVID19

March 30, 2020

In response to the recent COVID-19 pandemic, governors from all 50 states, Puerto Rico, Guam, the U.S. Virgin Islands and Washington, D.C. have chosen to mobilize National Guard troops to aid the government’s response. Some of the activities Guards members are being asked to assist in include delivering food to those in the hardest hit regions, providing critical personal protective equipment to medical personnel and first responders, supporting testing facilities, and providing transport assistance to support health care providers. In this time of crisis, our troops are being relied upon to assist with many critical functions to ensure the success of the United States’ COVID-19 response.

The Relief for Workers Affected by Coronavirus Act: Changes in Unemployment Insurance

March 30, 2020

The Relief for Workers Affected by Coronavirus Act (Title II, Subtitle A of the CARES Act) has made several changes to federal unemployment insurance law. The Act extends benefits to groups of individuals who previously would not have been eligible for unemployment insurance benefits, but whose employment has been adversely affected by the COVID-19 pandemic. The Act also provides a financial supplement for all unemployment insurance recipients.

The CARES Act Forgivable SBA Loan Program

March 30, 2020

On March 27, 2020, the president signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law. Below are highlights of the SBA forgivable loan program.

Employer “Sick Pay” Tax Credit Information

March 30, 2020

Updating the legal information we have been providing on the two "sick pay" laws passed by Congress and the Senate a week ago, we wanted to update businesses who continue to employ their employees on April 1, 2020 (the effective date of the Families First Coronavirus Response Act (“FFCRA”) and the Emergency Paid Sick Leave Act (“EPSLA”) ) of the "refundable" payroll tax credits for employers in order to assist with the cost of providing Coronavirus-related leave to their employees.

Furloughs, Layoffs, and Terminations: Understanding the Differences

March 27, 2020

Due to the COVID-19 pandemic, many businesses find themselves with limited resources, and many questions over how to allocate them. No employer wants to punish employees who have been loyal to the company, and in which the employer has invested significant resources from hiring to training, but what are the options when an employer is stretched past its financial limit, and what is the difference between the various terms for the separation between an employer and employee?

DOL Releases New FAQs Regarding Families First Coronavirus Act

March 25, 2020

· FFCRA’s paid leave provisions are effective on April 1, 2020 (NOT April 2)

· Employers have fewer than 500 employees if, at the time an employee’s leave is to be taken, they employ fewer than 500 full-time and part-time employees within the United States. In making this determination, employers should include employees on leave; temporary employees who are jointly employed with another employer (regardless of whether the jointly-employed employees are maintained on only one employer’s payroll); and day laborers supplied by a temporary agency (regardless of whether the employer is the temporary agency or the client firm if there is a continuing employment relationship).

State by State Unemployment Insurance Resources

March 25, 2020

All State Unemployment Insurance Resources

Senate and White House Reach Deal on Stimulus Package

March 25, 2020

Early on March 25, 2020, after days of negotiations, the U.S. Senate and the White House announced a deal on a nearly $2 trillion stimulus package to provide relief during the coronavirus crisis. The text of the proposal still needs to be completed, but it is expected to be the largest stimulus package in U.S. history.

myHRcounsel’s Attorneys Answer the Most Frequently Asked Employer Questions about Coronavirus/COVID-19

March 24, 2020

Slide Deck EEOC- The COVID-19 Pandemic and Antidiscrimination Laws

Legislature Considering Economic Stimulus Plans

March 23, 2020

On March 23, the Senate failed for a second time to pass a comprehensive stimulus bill aimed at combating the devastating economic effects of COVID-19.

Department of Labor Issues Guidance Related to COVID-19 or Other Public Health Emergencies and the Fair Labor Standards Act

March 23, 2020

The Department of Labor (DOL) has published the following list of FAQs to provide guidance on FLSA implications during the COVID-19 crisis. Note that additional state or local laws may also come into play depending on your location and situation.

Treasury Department, Internal Revenue Service, and Department of Labor Guidance Related to Families First Coronavirus Response Act

March 22, 2020

The U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (DOL) 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 pursuant to the Families First Coronavirus Response Act (Act), signed by President Trump on March 18. See our blog for details about the Act here.

New Legislation Proposed to Help Keep You in Business: Keeping Workers Paid and Employed Act

March 22, 2020

In these unprecedented times, many businesses are facing closures due to economic conditions and/or government-mandated shutdowns. As a result, terminations and layoffs are widespread. In an effort to stave off continued losses, Senators Marco Rubio (R-FL), Susan Collins (R- ME), and Lamar Alexander (R-TN) have proposed The Keeping Workers Paid and Employed Act to provide $300 billion to implement a small business emergency economic relief plan. The Act aims to prevent workers from losing their jobs and small businesses from going under due to economic losses caused by the coronavirus pandemic.

EEOC Publishes Updated Guidance About the ADA, the Rehabilitation Act, and COVID-19

March 22, 2020

The Equal Employment Opportunity Commission (EEOC) enforces workplace anti-discrimination laws including the Americans with Disabilities Act (ADA) and the Rehabilitation Act, which provide for reasonable accommodation requirements and rules about medical examinations and inquiries.

Families First Coronavirus Response Act

March 19, 2020

Families First Coronavirus Response Act

Late on Wednesday evening, President Trump signed the Families First Coronavirus Response Act which, among other things, addresses federal emergency FMLA and paid sick leave. Below are the highlights.

Onboarding for Remote Workers: COVID-19 Update

March 18, 2020

UPDATE: As of March 20, 2020, the Department of Homeland Security has announced that employers may view Section 2 documents remotely (via fax, email, or webcam) for the purpose of completing Form I-9 within the requisite 3 business days of the employee’s date of hire.

March 16, 2020

March 18, 2020

Does your company ever check social media or run Google searches on candidates? Did you know that your company can... Read More

House Bill Passed 3/13/2020

March 16, 2020

Federal Emergency Paid Sick Leave Legislation Introduced

Over the weekend, the House passed a revised version of the Families First Coronavirus Response Act which, among other things, addresses federal emergency FMLA and paid sick leave. Importantly, this bill has not been approved by the Senate yet, so this is all subject to change. Below are the current highlights.

March 9, 2020

March 12, 2020

Whether you are terminating a “problem” employee who may be a litigation risk, or you choose to voluntarily pay severance... Read More

Federal Emergency Paid Sick Leave Legislation Introduced

March 09, 2020

With the number of confirmed cases of coronavirus increasing across the United States and abroad, Senator Patty Murry (D-WA) and Congresswoman Rosa DeLauro (CT-03) introduced new, emergency paid sick leave legislation that would provide paid sick days immediately to workers in light of the current spread, as well as prepare for future public health emergencies.

EEOC Weighs in on Coronavirus

March 04, 2020

On the heels of our recent blog about COVID-19, the EEOC weighed in with what employers should know about anti-discrimination laws and coronavirus.

The EEOC enforces certain anti-discrimination laws, including the ADA, which protects applicants and employees against disability discrimination. The ADA also regulates medical examinations and inquiries for all employees and applicants, including those without an ADA qualifying disability.

March 2, 2020

March 03, 2020

Unless you are living under a rock and are (or were until now) blissfully unaware, you have likely heard of the recent... Read More

Employer Response to Coronavirus

March 02, 2020

If you keep up with the news, you’ve likely heard a lot about COVID-19, or coronavirus. With the number of new cases continuing to increase worldwide, employers may be wondering what they can do to prepare for the risk of a potential outbreak.

NLRB Issues Final Rule for Joint Employment Status

February 27, 2020

Earlier this week, the National Labor Relations Board (NLRB) issued its final rule governing joint employment status under the National Labor Relations Act (NLRA). The final rule restores the joint employer standard the NLRB applied for several decades before its 2015 decision in Browning-Ferris.

February 24, 2020

February 25, 2020

Think you don’t have to accommodate an employee working in a call center who suffers from angry, four-letter word outbursts? ... Read More

February 17, 2020

February 18, 2020

Are you an employer working in a state that has legalized recreational and/or medical marijuana?  Are you left wondering whether... Read More

February 10, 2020

February 13, 2020

Does your company ever check social media or run Google searches on candidates? Did you know that your company can... Read More

February 3, 2020

February 04, 2020

Many of you are already aware that the federal FLSA increased the salary cutoff for exempt workers from $455 per... Read More

New Offerings from myHRcounsel Coming Soon

February 04, 2020

We are excited to announce the following additional offerings coming from myHRcounsel.  In our continuing effort to reduce and manage those burdensome expenses (like we have done with legal fees by introducing our flat fee, per employee per month unlimited legal advice), we are launching these additional services to save you money, make sure your vendors are “compliant” with your agreements with them, and aligning ourselves with the fees to provide these services.

 

New Form I-9 Now Available

February 03, 2020

Last week, the U.S. Citizenship and Immigration Services (USCIS) released a new Form I-9 (version 10/21/2019). The only changes are the additions of Eswatini and Macedonia, North to the list of countries in the Country of Issuance and Issuing Authority drop down fields on the fillable version of the Form (to reflect those countries’ recent name changes) and an update to the Form’s instructions.

New Jersey Client Employers and Labor Contractors Share Responsibility for Violations of State Wage and Hour and Employer Tax Laws

January 29, 2020

New Jersey Governor recently signed Assembly Bill 5840, which imposes joint and several liability on client employers and labor contractors who provide workers to such client employers for violations of State wage and hour laws or State employer tax laws. Furthermore, the law provides that a waiver of the new provisions is contrary to public policy, and therefore void and unenforceable.

New Jersey Employers Beware: New Penalties for Misclassification of Employees

January 29, 2020

New Jersey Governor recently signed Assembly Bill 5839, which creates penalties for violations of state wage, benefit, and tax laws in connection with the misclassification of employees. If the Commissioner of Labor and Workforce Development finds that a company has misclassified employees (for example by calling an employee an independent contractor), then, in addition to imposing any other remedies or penalties authorized by law, the Commissioner can assess and collect:

January 27, 2020

January 29, 2020

Does your workplace have a safety incentive program that rewards employees for completing a certain number of days without a... Read More

January 20, 2020

January 22, 2020

Today’s tip of the week is a little bit tech and a little bit law.  We’re talking about biometric technology... Read More

2020 Labor Law Update

January 21, 2020

January 13, 2020

January 14, 2020

The U.S. Department of Labor revised its regulations regarding joint employer status under the FLSA.  The update becomes effective on... Read More

Can Your Employees Discuss Their Wages or Salaries At Work?

January 13, 2020

You may have heard of The National Labor Relations Act (NLRA) with respect to union employees and activities. What you may not realize is that the NLRA protects the rights of most employees, even those not represented by a union, to engage in protected “concerted activity.”

January 6, 2020

January 07, 2020

PCORI fees are no longer a thing of the past.  Just before Christmas, President Trump signed into law the “Further... Read More

December 30, 2019

January 02, 2020

Have you taken a look at your job applications lately?  If not, it might be time to do a once-over... Read More

Using the Point Factor Method to Establish Pay Rates

January 02, 2020

Are you taking the opportunity to review and reevaluate pay rates in the New Year but don’t know where to start? The point factor method is a quantitative technique to evaluate individual jobs and/or job groups based on elements that are essential to an organization’s operations and success and set appropriate pay rates. Compensable factors are identified in a job analysis, points are assigned to the factors, the factors are weighed based on the job requirements, and a pay structure is established for the position.

2020 Minimum Wage Roundup

December 23, 2019

2020 is almost here, which means a number of states across the county will have minimum wage increases.  Keep in mind that many city/county minimum wages may differ from the state minimum wage.

December 16, 2019

December 19, 2019

Does your company have a practice of running background checks on applicants even before the applicant comes in for an... Read More

Massachusetts Employers, Act Fast! Deadline Approaching to Apply for Exemption for Paid Family and Medical Leave Contributions

December 16, 2019

If you offer a qualifying private plan to your workforce with benefits greater than or equal to those provided by the Paid Family and Medical Leave (PFML) law, you can apply for an exemption from collecting, remitting, and paying PFML contributions. Applications for private plan exemptions for the first quarter of contributions must be filed by December 20, 2019. Self-insured employers must provide a bond even if they are granted an exemption. Information on requesting a PFML exemption can be found here.

December 9, 2019

December 10, 2019

Despite HR professionals’ attempts to keep the workplace civil and respectful, there are times when social media tropes can leave... Read More

When Can I Deduct from my Employee’s Paycheck? Part 3: Deductions for Cash Register Shortages and Property Damage

December 10, 2019

Now that you know where and when you can (and cannot) deduct from your employee's wages for uniforms and tools and equipment, we will turn to deductions for cash register shortages and property damage in this week’s installment of our Paycheck Deductions blog series.

Nebraska Labor Law Summary

December 09, 2019

Are you an employer in Nebraska? Below are some common labor laws for the state of Nebraska that you should apply to your policies.

Are you wasting time and money on lawyers and collection agencies?

December 06, 2019

Customers can access a team of attorneys on-call for legal advice in construction, collection and corporate matters at the state and federal level for a monthly flat fee!

December 2, 2019

December 04, 2019

Thanks to our friends at SyncStream Solutions for the scoop on the latest deadlines regarding ACA reporting for the 2019... Read More

Effective Date for the CCPA is Rapidly Approaching

December 03, 2019

As if companies doing business in California didn’t already have enough compliance challenges, the California Consumer Privacy Act (CCPA) goes into effect on January 1, 2020. 

Terminating Employees is Hard – Defending Your Severance Agreement in Court is Harder: Ensure Your Separation and Release of Claims Agreements are on Solid Legal Ground.

November 26, 2019

So the time has finally come.  The employee you hired two years ago that held so much promise is showing up late to work, does not contribute in meetings, makes critical errors and is not responding to improvement plans.  Despite your best intentions to rehabilitate this employee, it’s just not working out. 

November 25, 2019

November 25, 2019

Whether you are terminating a “problem” employee who may be a litigation risk, or you choose to voluntarily pay severance... Read More

November 18, 2019

November 19, 2019

Did you know that job reassignment is considered to be the reasonable accommodation of last resort under the Americans with... Read More

How Does Recreational Marijuana in IL Impact Your Workplace?

November 18, 2019

Illinois’ Cannabis Regulation and Tax Act legalizes recreational marijuana, effective January 1, 2020. Accordingly, Illinois employers may need to adjust their drug policies to remain in compliance with this and other applicable laws. This is because marijuana will soon be considered a lawful product under the Illinois Right to Privacy in the Workplace Act, meaning employers cannot take disciplinary action against employees for using marijuana off-duty and off-premises.

November 11, 2019

November 14, 2019

As statistics continue to point to increasing numbers of working mothers in our workforce, companies need to stay informed about... Read More

When Can I Deduct from my Employee’s Paycheck? Part 2: Tools & Equipment

November 11, 2019

Now that you know where and when you can (and cannot) deduct from your employee's wages for uniforms, we will turn to deductions for tools and equipment in this week’s installment of our Paycheck Deductions blog series.

November 4, 2019

November 05, 2019

If your company is making the decision to terminate or demote an employee, be sure that from the outset, you... Read More

California Ban on Mandatory Arbitration

November 04, 2019

Though his predecessor previously vetoed similar bills, California Governor Gavin Newsom recently signed Assembly Bill 51 into law, effectively prohibiting the use of mandatory arbitration agreements for most employment law claims.

October 28, 2019

October 31, 2019

Federal and state legislators have passed laws to protect individuals who have a history of facing hardship in obtaining and... Read More

When Can I Deduct from my Employee’s Paycheck?  Part 1: Uniforms

October 28, 2019

There are a number of reasons you may want to make deductions from an employee’s paycheck. Perhaps you want to recover the cost of uniforms or tools. Maybe an employee has destroyed property, or their cash register is short at the end of their shift. Or it could be that you advanced wages to a struggling employee. Knowing when, where, and how much you can deduct from an employee’s paycheck can save you time and money, not to mention protect your company’s reputation. Over the next few weeks, we will detail how you can make proper wage deductions and avoid illegal ones.

U.S. Senators Introduce Bill to Limit Non-Compete Agreements Nationwide

October 23, 2019

U.S. Senators Todd Young (R-Indiana) and Chris Murphy (D-Connecticut) introduced a bill on October 16, 2019, called the Workforce Mobility Act, which would significantly limit the use of non-compete agreements nationwide. A few states, such as California, North Dakota, and Oklahoma, already largely prohibit the use of non-compete agreements, and others, such as New Hampshire and Maine, prohibit the use of such restrictive covenants between employers and low-wage employees.

October 21, 2019

October 22, 2019

This week’s tip of the week is light on the law, heavy on the myHRcounsel process, but we thought it... Read More

October 14, 2019

October 17, 2019

Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes? As the popularity of vaping... Read More

Prosecutors and Regulatory Agencies Crack Down on Crime in the Workplace

October 11, 2019

Prosecutors and regulatory agencies in several jurisdictions are ramping up efforts to address crime in the workplace, but the crimes they are targeting may surprise you.

October 7, 2019

October 07, 2019

It ranks high on most HR professional’s minds as a nightmare come true: an employee has just showed up for... Read More

September 30, 2019

October 07, 2019

Do you have a practice in your company of tracking time in 15 minutes increments and then either rounding up... Read More

DOL Increases Exemption Salary Thresholds

October 07, 2019

The U.S. Department of Labor recently issued its Final Rule regarding new salary thresholds that will apply to certain exempt white-collar employees starting January 1, 2020. Current thresholds were last updated in 2004, and the new regulations more closely reflect growth in employee earnings, including increasing minimum wage requirements.

September 23, 2019

September 23, 2019

Recently, the clothing store PacSun was given a harsh reminder that the ADA’s requirement that employers provide qualified individuals with... Read More

Should I Provide a Separation Notice to a Departing Employee?

September 20, 2019

Dealing with terminations, layoffs, resignations, or any other type of separation is rarely listed as a favorite aspect of anyone’s job, but it is a reality for virtually all businesses. Handling separations correctly can put your organization in a better position to defend against wrongful termination claims and to demonstrate compliance. While contemporaneous documentation of separations and the underlying reasons for them is always a good idea, in some states, a separation notice is a legal requirement. As described in more detail below, employers in the following states should provide written notice of separation to departing employees.

September 16, 2019

September 19, 2019

Have you ever had an employee request to bring a service animal to work and wondered how to handle the... Read More

September 9, 2019

September 12, 2019

We get many tickets from clients regarding when it is appropriate to make deductions from an exempt employee’s pay. An... Read More

California Legislators Pass Bill to Classify Gig-Workers as Employees

September 11, 2019

On Tuesday September 10, 2019, California legislators passes a landmark bill which will require app based workers (ex. Uber, Lyft, Postmates) to be treated as employees.  Traditionally, these app based companies treated their workers as independent contractors.  California Governor Gavin Newsom is a supporter of the bill, and is expected to sign as soon as it moves through the State Assembly.

Does “Transgender Discrimination” Equal “Sex Discrimination” Under Title VII?

September 09, 2019

This is an issue raised in the R.G. & G.R. Harris Funeral Homes v. EEOC case, for which the Supreme Court will hear arguments next month. In this case, the Equal Employment Opportunity Commission (EEOC) sued a Detroit area funeral home chain because the owner fired an employee due to disclosing her intent to transition from male to female. The lower court ruled in favor of the funeral home, but the Sixth Circuit Court of Appeals reversed the decision, arguing that transgender discrimination is a form of sex discrimination prohibited by Title VII. The Supreme Court agreed to review the decision.

September 2, 2019

September 05, 2019

Have you ever had an employee turn in his or her timecard showing a few hours of unauthorized overtime worked?... Read More

Employee Restrictive Covenants: Becoming Increasingly Difficult to Implement and Enforce

September 05, 2019

As state legislatures continue their fervor for enacting employment-related laws, they simultaneously create ever more complex webs of legal compliance challenges for employers.  In that vein, one trend that continues to obscure the lines of what is or is not a lawful employment practice is the use restrictive covenant agreements.  It was not long ago that companies were essentially free to enter into a variety of restrictive covenant agreements with employees to protect business assets.  However, with California leading the way, employers now need to have their fingers on the pulse of law changes in the various states in which they operate before deciding to implement new restrictive covenant agreements or consider enforcing an existing one.

August 26, 2019

August 27, 2019

Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes? As the popularity of vaping... Read More

Fair Workweek Laws: Another New Compliance Challenge for Employers

August 26, 2019

In addition to the spread of paid leave requirements, many employers must now also comply with fair workweek laws.  “Fair workweek” initiatives, also known as “predictive scheduling,” require employers to provide work schedules to employees in advance and pay employees if those schedules change without sufficient notice.

August 19, 2019

August 20, 2019

  For those employers who must file an EEO-1 report, you know all too well very the limited options in... Read More

August 12, 2019

August 14, 2019

I have previously posted a tip of the week advising companies not to terminate pregnant employees because they are pregnant... Read More

Restricted Use of Non-Compete Agreements Gains Traction in New England

August 12, 2019

Employers desiring to require low-wage earners to sign and comply with non-competition agreements will find that such agreements are becoming increasingly less enforceable. Courts across the country are refusing to enforce non-competes against low-wage employees, and some states are also taking legislative action to prohibit these agreements.

Small Necessities: Your Duty to Provide Leave to Working Parents

August 09, 2019

Your employee wants to use two hours of PTO to attend a conference or a school event for a minor child.  You deny the request, reasoning that PTO should be taken in whole day increments for the purpose of vacations, and allowing the employee to take two hours of PTO may disrupt business operations for the day.  Are you complying with the law?

Employee Handbooks: The Most Critical Legal Document in HR

August 05, 2019

One of the most frequently asked questions we get here at myHRcounsel is: do you do employee handbooks?  The answer is always an emphatic, “YES!”  Anyone who is a client of myHRcounsel gets an attorney-drafted, 50-state compliant, employee handbook.  However, inquiring minds still want to know, “What should be in an employee handbook?”  Every state’s laws are different, so your company will need different policies for each of the states where you employ workers.  To that end, this list is illustrative and not exhaustive and is mostly based on federal laws only.  But here we go:

August 5, 2019

July 31, 2019

Did you know that there are wage and hour laws regarding time an employee spends donning and doffing?  Yes, I... Read More

July 29, 2019

July 30, 2019

If you are an employer with 100 or more employees or a federal contractor with at least 50 employees, then... Read More

Minnesota Bans Indoor Use of E-Cigarettes

July 29, 2019

Beginning August 1, 2019 in Minnesota, e-cigarettes and vaping will be banned in most indoor workplaces and public places.  As part of the Minnesota Clean Indoor Air Act (MCIAA) that went into effect in 2007, it was amended so that vaping will have the same rules as traditional cigarettes in the state, which means they will no longer be allowed in stores, restaurants, bars, offices or industrial workspaces, or other public spaces.  Local law enforcement will have the authority to issue petty misdemeanor citations to proprietors or individuals who knowing fail to comply with the requirements of the MCIAA.

July 22, 2019

July 25, 2019

It’s high time we talked about recent developments relating to marijuana and employees. As laws legalizing medical and recreational marijuana... Read More

July 15, 2019

July 18, 2019

In addition to utilizing the attorneys at myHRcounsel and reading our tips and blogs, we always like to offer additional... Read More

California Bans Discrimination Based on Hairstyle

July 15, 2019

 California Governor Gavin Newson recently signed the Crown Act into law, making California the first state in the United States to specifically prohibit employers and school officials from discriminating against people based on their natural hair.

July 8, 2019

July 09, 2019

While there is a relative lull in HR-related due dates this summer, why not consider taking on a project?  One... Read More

July 1, 2019

July 01, 2019

Do you provide your new employees with a written offer letter that memorializes the employee’s position, terms and conditions of... Read More

June 25, 2019

June 27, 2019

Have you ever had an employee turn in his or her timecard showing a few hours of unauthorized overtime worked?... Read More

LEGAL ADVICE VERSUS NON-LEGAL (INFORMATIONAL GUIDANCE) DOES IT MATTER?

June 19, 2019

To our legal clients, our PEO partners, our HCM partners, and our followers via our Weekly Legal Brief, social media posts, and free website of forms, FAQ’s, etc. at www.myhrcounselcompliance.com – you no doubt have seen our warnings about the many non-legal “compliance” solutions in the market claiming that “claim” to provide employers with equivalent legal information and protection for HR/employment “compliance” issues. 

June 17, 2019

June 19, 2019

Does your company ever check social media or run Google searches on candidates? Did you know that your company can... Read More

Why Staffing Agencies Shouldn’t Share Background or I-9 Information

June 18, 2019

Staffing agencies jump through hoops to provide their clients with the best, most qualified candidates and stay competitive.  Background checks and drug tests are often essential, and expensive.  These screening tools assure staffing agencies that their candidates are appropriate for placement, but what should staffing agencies do when the client demands more than just a certification of the candidate’s qualifications?

Bullying in the Workplace

June 14, 2019

Employers have long been aware of laws prohibiting sexual harassment and discrimination and harassment on the basis of sex, race, religion, disability, national origin, and other protected characteristics.  But what about uncivil or intimidating behavior unrelated to protected class status?  Many employees complain to employers about coworkers creating “toxic” work environments, but the offending behavior falls outside of the umbrella of state and federal harassment and discrimination laws.  How should employers handle these situations?

June 10, 2019

June 13, 2019

Are you one of those companies that is still trying to enforce a non-compete agreement against lower wage workers?  If... Read More

Serious Business: Minnesota’s New Recordkeeping and Wage Theft Law

June 10, 2019

Minnesota employers, be prepared.  A broad new wage theft and employee recordkeeping law goes into effect on July 1, 2019.  This leaves employers only until the end of June to prepare to comply.

 

Connecticut to add Paid Family and Medical Leave

June 10, 2019

Connecticut Governor Ned Lamont has promised to sign a bill that has been passed by the State Legislature, which will provide up to 12 weeks of paid family and medical leave for workers in the state.  This leave law will allow workers in the state 12 weeks paid leave to care for a new child, a sick family member, or a personal illness. 

June 3, 2019

June 04, 2019

Picture it: Sicily, 1922. No wait, sorry. Wrong post! Picture it. You are the HR manager and you’ve noticed lately... Read More

Maine adds Paid-Leave for Any Purpose

June 03, 2019

On Tuesday May 28th, Maine Governor Janet Mills signed into law “An Act Authorizing Employee Leave,” (“the Act”).  This new law will provide eligible employees with the ability to accrue up to 40 hours of paid personal leave per year.  Unlike other paid leave laws around the country, Maine’s will be the first to allow the employees to use the paid leave for any purpose, including non-medical or personal reasons.

Oregon Expands on Pregnancy Accommodation Law

May 29, 2019

Effective on January 1, 2020, employers in Oregon with 6 or more employees, must provide reasonable accommodations to employees and job applicants who have limitations due to pregnancy, unless doing so would impose a hardship.

May 27, 2019

May 29, 2019

Did you know that even if your company has a clearly stated and equally applied call-in procedure spelled out in... Read More

May 20, 2019

May 21, 2019

Does your company have a practice of running background checks on applicants even before the applicant comes in for an... Read More

Washington Joins Growing Number of States to Limit Salary History Inquiries

May 20, 2019

On May 9, 2019, Washington governor Jay Inslee signed House Bill 1696, “an act relating to wage and salary information,” adding sections to the existing Equal Pay Act, as amended by the Equal Pay Opportunity Act. The new sections, which will take effect on July 28, 2019, are intended to promote equal pay by limiting inquiries into salary history and requiring wage scale transparency. Starting July 28, 2019, employers with 15 or more employees are:

May 13, 2019

May 16, 2019

If you are on the ball, your company probably already has anti-harassment, anti-discrimination, and anti-retaliation provisions spelled out in the... Read More

May 6, 2019

May 07, 2019

When an employee calls in sick, does your company have a policy that requires the employee find their own replacement... Read More

Retain Your ACA Records

May 06, 2019

Even though the Affordable Care Act (“ACA”) employer reporting deadlines for tax year 2018 are behind us, the work with the ACA never stops.  Several years into the reporting process, the IRS is still reviewing employer submissions from 2015 and 2016, and is still sending 226J penalty letters.  Employers can receive a penalty letter if their submission to the IRS shows (a) a less than 95% offer of coverage rate, or (b) that a specific employee was not offered compliant coverage.

April 29, 2019

May 01, 2019

Do you employ workers in multiple jurisdictions?  If so, have you checked whether there are paid sick leave laws on... Read More

April 22, 2019

April 25, 2019

If regular, consistent attendance is an essential function of an employee’s role, be sure that you are clearly indicating how... Read More

April 15, 2019

April 16, 2019

Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More

Employers Face Costly Lawsuits for Misuse of Biometric Information

April 12, 2019

Retail giant H&M just became the latest corporation to face liability for allegedly failing to follow legal requirements regulating its use of fingerprint scan time clocks.  A Cook County, Illinois resident is seeking class certification for a lawsuit alleging that H&M failed to abide by the provisions of the Biometric Information Privacy Act between 2012 and 2017.  The plaintiff is seeking an unspecified amount in liquidated monetary damages, costs, attorney’s fees, and further relief.

April 8, 2019

April 09, 2019

Are you sure that you are providing ALL of the various types of leave that your employees are entitled to? ... Read More

Final Pay Laws by State

April 08, 2019

We know that employers have a lot to consider when an employee separates, whether voluntarily or involuntarily. One such consideration is when final payment is due to that employee. As the answer varies from state to state, and from one situation to the next, we’ve compiled the table below to make the determination easier. As always, we encourage you to seek legal counsel with questions and specific factual scenarios.

April 1, 2019

April 02, 2019

Have you ever had an employee request a reasonable accommodation under the ADA (or at least give you enough information... Read More

Changes to New Jersey Settlement Agreements and Employment Contracts

April 01, 2019

On March 18, 2019, the Governor of New Jersey signed a new law that affects settlement agreements and employment contracts.  Under the law:

March 25, 2019

March 26, 2019

Remember when all you ever heard from us here at myHRcounsel was: “Be ready for the salary changes to the... Read More

Cincinnati City Council Passes Salary History Ordinance

March 20, 2019

On March 13, 2019, Cincinnati, Ohio became the latest jurisdiction to join the growing trend into adopting an ordinance which prohibits employers from asking about or relying on salary history of a prospective employee as they determine the starting pay.  This ordinance will go into effect 365 days after becoming law and more detailed rules regarding implementation have been made available.

March 18, 2019

March 19, 2019

Have you been hearing whisperings of paid family and medical leave becoming a reality – if so, you aren’t alone! ... Read More

US Department of Labor Issues New FMLA Guidance

March 18, 2019

An employee requests the use of sick leave, vacation, or PTO to care for his ill mother.  Your first instinct (and the 100% correct one) is to set that FMLA process in motion.  But what if your employee wants to “save up” FMLA for scheduled surgery later in the year, or the expected birth of a child in a couple of months?  What do you do if your employee says, “thanks, but no thanks” to FMLA?

Michigan’s New Paid Medical Leave Act- Effective Soon!

March 14, 2019

On December 14, 2018, Michigan Governor Rick Snyder signed two laws which modified the current minimum wage and paid sick leave legislation.  The changes are due to take effect on April 1, 2019.  The new law, “Paid Medical Leave Act”, will replace the current “Earned Sick Time Act,” which was only recently passed.  Under the new law there are several changes that will impact many businesses.  For starters, this applies to all businesses with 50 or more employees.

March 11, 2019

March 12, 2019

If you are an employer who is required to comply with FMLA (you have 50 or more employees working for... Read More

Violence in the Workplace

March 08, 2019

Workplace violence is a disturbing, but real issue facing employers nationwide. News stories remind us of this reality with examples such as a recent workplace shooting in Illinois, in which a disgruntled employee shot several coworkers and police officers after learning that his employment was terminated. The Occupational Safety and Health Administration (OSHA) estimates that about two million workers report workplace violence every year. OSHA also states that employers must provide a place of employment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” So what should employers do about this growing concern?

Breaking: DOL Proposes New Overtime Rule

March 08, 2019

On Thursday March 7, 2019, the U.S. Department of Labor (DOL) announced the proposal of a new overtime rule.  According to the DOL press release, this rule would now make over 1 million American workers eligible for overtime.   The new proposal would raise the salary threshold starting on January 1, 2020 to $679 per week, or roughly $35,308 annually.  Currently, the salary threshold is at $455 per week or roughly $23,660 annually.  The current salary threshold has been in place since 2004.

March 4, 2019

March 06, 2019

You already know that you have to complete the Form I-9 process for each employee that you hire to verify... Read More

Unlimited PTO: Is it a Good Idea or Just Plain Crazy?

March 04, 2019

In a tight labor market where attracting top talent has become increasingly difficult, offering employee’s perks other than a higher salary could help an applicant considering multiple offers accept your offer instead of others.  One of the perks that some companies have considered offering is unlimited paid time off (PTO) programs.  Before you write off the idea as wackadoo, hear me out.

Introducing our new Partner BirdDogHR

March 01, 2019

myHRcounsel is launching an exciting new partnership with a leading talent management solutions software company to make on-demand legal counsel a reality for its customers

February 25, 2019

February 28, 2019

Before you fire that employee who failed your annual/random/post-incident drug test by testing positive for marijuana, you may need to... Read More

Can Employers Be Held Liable for Harassment by Non-Employees?

February 23, 2019

 Picture this scenario: your employee, a delivery driver, makes regular stops at a production facility.  The facility is not owned by your company, and your company does not employ any of the production facility workers.  While at the facility, your driver is subjected to unwanted comments and touching by an employee of the facility.  Your employee complains, and your HR Manager states they’ll work with management at the production facility to handle it.  Your employee later returns to the facility, and the harassment continues.  Your employee resigns as a result of the ongoing harassment. 

New Jersey Expands Paid Family Leave

February 21, 2019

On Tuesday February 19, 2019, New Jersey Governor Phil Murphy signed into law legislation that will expand the current paid family leave, which was enacted in 2008.  The new law significantly expands protections for those who miss work due to caring for a newborn child or a sick loved one. 

February 19, 2019

February 19, 2019

This week’s tip of the week is light on the law, heavy on the myHRcounsel process, but we thought it... Read More

New York City to Ban Discrimination Based on Hair

February 18, 2019

On Monday February 18, 2019, the New York City Commission on Human Rights released legal guidance on our protections and enforcement actions against racial discrimination on the basis natural hair and hairstyles. These guidelines will now consider the targeting of people based on their hairstyle at work, school, or in public places racial discrimination.

February 12, 2019

February 12, 2019

Many companies have employee handbooks or stand-alone policies addressing what type of dress is required of employees.  I have reviewed... Read More

As a Client of a Staffing Agency, Should I Ask to See Applicant Background Check Reports?

February 11, 2019

Last week, we reported on why staffing agencies should not disclose background check report results with their clients. This week, we’ll discuss a few ways in which this benefits clients, as well.

February 5, 2019

February 08, 2019

Due to the government shutdown, the EEOC has announced that the deadline for companies to file their 2018 EEO-1 reports... Read More

January 29, 2019

February 08, 2019

It’s ACA season and I’m sure that while some of you are prepared, have been tracking every month, and are... Read More

January 22, 2019

February 08, 2019

Does your company ever check social media or run Google searches on candidates? Did you know that your company can... Read More

January 15, 2019

February 08, 2019

While this week’s tip of the week could easily take up an entire blog post or even an all-day seminar,... Read More

January 8, 2019

February 08, 2019

Most companies already have a smoke-free workplace policy, but does yours also cover electronic cigarettes?  As the popularity of vaping... Read More

December 25, 2018

February 08, 2019

If your company is like most, the end of the year signals performance reviews and pay raise or bonus decisions. ... Read More

December 18, 2018

February 08, 2019

Today’s Tip of the Week is short and sweet!  As many of you may have heard, a Texas court recently... Read More

December 11, 2018

February 08, 2019

Have you heard of one of the newer HR compliance trends that has been springing up around the country lately:... Read More

December 4, 2018

February 08, 2019

Have you ever had an employee request to bring a service animal to work and wondered how to handle the... Read More

November 27, 2018

February 08, 2019

When is the last time you dusted off your non-compete agreements to ensure it was still compliant with your jurisdiction’s... Read More

November 20, 2018

February 08, 2019

Did you know that HR professionals had a hand in dubbing the day after Thanksgiving, “Black Friday”?  The reason behind... Read More

November 13, 2018

February 08, 2019

Did you know that job reassignment is considered to be the reasonable accommodation of last resort under the Americans with... Read More

November 6, 2018

February 08, 2019

Have you ever been in a situation where you needed to change an employee’s schedule, hours, pay or benefits and... Read More

October 30, 2018

February 08, 2019

Do you know what actions are considered adverse employment actions that could give rise to a claim for retaliation?  For... Read More

October 23, 2018

February 08, 2019

Wondering if it is safe for you to ask a prospective employee about their salary history? Neither the Equal Pay... Read More

October 16, 2018

February 08, 2019

Does your workplace have a safety incentive program that rewards employees for completing a certain number of days without a... Read More

October 9, 2018

February 08, 2019

Does your company have a practice of running background checks on applicants even before the applicant comes in for an... Read More

October 2, 2018

February 08, 2019

Today’s tip of the week involves downsizing and how it can go very wrong for an employer.  Recently, a parking... Read More

What Should Staffing Agencies Do When a Client Requests to See Applicant Background Check Reports?

February 04, 2019

Staffing agencies encounter this request frequently – a client doesn’t want to commit to hire an applicant until it can review and approve the applicant’s background check report.

A Note from our CEO Mark Young: Legal Advice Versus Non-Legal (Informational Guidance). Does it Matter?

January 25, 2019

To our legal clients, and followers via our Weekly Legal Brief, social media posts, and free website of forms, FAQ’s, etc. at www.myhrcounselcompliance.com – you no doubt have seen my reactions to the many non-legal “compliance” solutions in the market claiming to provide employers with equivalent legal information and protection for the HR/employment issues.  We’ve even observed, since our launch in 2015, changes in explanations of these non-legal solutions offerings, and claims of what they can do for employers.

Onboarding Tasks

January 22, 2019

2019 New York Labor Law Update

January 10, 2019

The following are new labor laws in 2019 for the state of New York.

2019 Virginia Labor Law Update

January 10, 2019

The following are new labor laws for Virginia in 2019.

2019 Georgia and Tennessee Labor Law Updates

January 10, 2019

The following are new labor laws for 2019 in Georgia and Tennessee.

The Partial Government Shutdown and its Impact on Private Employers

January 07, 2019

If one of your News Year’s resolutions was to go on a “news diet”, then maybe you are one of the few lucky ones who is unaware that the partial government shutdown over border wall funding that started on December 21, 2018, continues, and seems poised to do so for the near future.  While you may be thanking your lucky stars that you are not one of furloughed or unpaid federal employees, you may also be wondering how this government shutdown could impact your company.  Aside from the litany of personal effects such as the disaster that has befallen the national parks and the possibility that income tax refund check processing will be delayed, there are some impacts that private employers may feel.  

2019 Kentucky Labor Law Update

January 02, 2019

The following are new labor laws in Kentucky and how you can best prepare for them. These are effective January 1, 2019 unless noted:

2019 California Labor Law Update

January 02, 2019

The following are new labor laws in California and how you can best prepare for them. These are effective January 1, 2019 unless noted:

2019 Illinois Labor Law Update

December 27, 2018

Compiled by our Attorney Brittany Nicholls, the following are new labor laws in Illinois and how you can best prepare for them. These are effective January 1, 2019 unless noted:

Minimum Wage Round-Up

December 06, 2018

Do you have employees who are paid the minimum wage?  Do you have tipped employees?  Do you employ workers in more than one state?  Do you make wage deductions, pay on a per job basis, or pay a salary to nonexempt employees, and have to ensure that your employees’ wages do not fall below the minimum wage for hours worked?  No matter where you are located, what your industry is, or how many workers you employ, you need up-to-the-minute wage and hour information to comply with federal, state, and local laws and avoid costly lawsuits and intrusive, time-consuming investigations by wage compliance agencies.   

How Safe is Your Company

December 03, 2018

According to the Hiscox Guide to Employee Lawsuits, U.S. employers face a 10.5% chance of an employee lawsuit in 2016.  While you think your business might be safe with only a 10.5% chance at an employee lawsuit, the cost of one of these lawsuits can truly harm a business.  The average cost of an employee lawsuit is $160,000!  These employment claims can come from a number of areas, including: 

Holiday Parties- What Employers Need to Know

November 29, 2018

It’s the most wonderful time of the year...except for HR departments who are unprepared to navigate the minefield of issues surrounding holiday parties and celebrations.  While your company may be dreaming of an inclusive, tasteful acknowledgement of the winter holidays, you could wind up facing sexual harassment, religious discrimination, workers’ compensation, and wage and hour claims without expert advice from legal counsel.  Here are some helpful hints for enjoying the holiday season while avoiding potential HR pitfalls:

Austin, TX Paid Sick Leave Ordinance Ruled Unconstitutional

November 28, 2018

On November 16, 2018, the Austin-based 3rd Court of Appeals ruled that Austin's paid sick and safe leave ordinance violates the state constitution. Specifically, the court held that the ordinance is preempted by the Texas Minimum Wage Act.

Terminating Before you Investigate

November 19, 2018

Social media: every employer’s double-edged sword.  Facebook, Instagram, and Twitter allow you to reach millions of potential customers and clients with one click.  But when negative feedback about an employee shows up in your mentions, your first instinct may to be terminate first, ask questions later.  Chipotle made that mistake with one of its Minnesota franchises, and is now backtracking on its rash decision.

St. Paul, MN Minimum Wage to Increase to $15 per hour

November 19, 2018

On Wednesday November 14, St. Paul, Minnesota Mayor Melvin Carter signed into law a $15 minimum wage ordinance, which followed a 7-0 vote in favor by the St. Paul City Council.  This law will gradually increase wages to $15 per hour over the next 3.5-8.5 years, with the variance dependent on the size of the business, however, contract workers will remain exempt, however tipped employees are not exempt.

What’s Protected under the 1st Amendment?

November 12, 2018

Could this happen to you?  As reported by the New York Post, a Memphis employer found itself on the receiving end of a barrage of complaints after one of its employees was captured on social media wearing a racist t-shirt to the polls on Election Day.  The employer investigated and decided to terminate the employee.  For some, terminating the employee may seem like a foregone conclusion.  Others may be wary that terminating the employee may violate the employee’s First Amendment right to free speech.  How do you ensure that you comply with the law and protect your business reputation when it comes to your employees’ off duty activity-both on and off social media?

Voting Rights per State

November 05, 2018

Midterm elections are upon us, and employees may be eligible for paid time off from work to vote. More than 20 states require employers to allow paid time off, some with some restrictions, and other states require at least unpaid time off. See the chart below for information on whether you must provide your employees with paid time off to vote, and what other provisions may apply.

Google Walkout

November 02, 2018

On Thursday, November 1, Google employees across the world participated in a walkout in response to the company’s handling of sexual harassment and misconduct claims. Many claim Google has treated female workers inequitably for years, and others are outraged that a Google executive was awarded a $90 million exit package even after the company concluded that a harassment claim against him was credible.

Halloween in the Workplace

October 29, 2018

Halloween can be a spooky time of year; however, managing employee conduct around this fun and frightful holiday does not have to give your human resources department the chills.  When enacting your policies and procedures regarding the Halloween holiday, the most important step you can take is to be proactive.

Duluth, MN Paid Sick and Safe Leave

October 12, 2018

On May 29, 2018, the Duluth City Council adopted Ordinance 10571, establishing minimum standards for paid earned sick and safe time in the city. The ordinance will take effect on January 1, 2020, making Duluth the third city in Minnesota to enact a paid sick and safe time law. The new ordinance applies to private employers with five or more employees, regardless of whether employees work in Duluth or whether the employer is physically located in the city.

Politics in the Workplace

October 11, 2018

One of your employees reports a coworker for expressing extreme political views on social media.  An employee frequently arrives at work wearing hats and shirts supporting a controversial candidate for office.  A notice is posted on your breakroom bulletin board inviting employees to a rally in support of a position on a hot button issue.  What should you do?  What can you do?

New Background Check Legislation Puts Employers at Risk of Costly Litigation?

October 11, 2018

Employers who rely on third party agencies to perform background checks on applicants and employees must comply with the Fair Credit Reporting Act (FCRA).  Among FRCA’s requirements is the obligation to supply applicants and employees who are subject to background checks with the Summary of Your Rights Under the FCRA.

Marijuana Initiatives on the Ballot this November

October 11, 2018

With the election less than a month away, a big issue that employers should take note of, is the recreational marijuana measure that five states will vote on.  Currently there are 30 states that have legalized marijuana use to a certain degree, including nine states that have legalized recreational marijuana (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont and Washington).

Employers Need to Update their FCRA Summary of Rights Form

October 03, 2018

Employers who use outside agencies to conduct background checks must use the new “A summary of your Rights Under the Fair Credit Reporting Act” Form.  This was effective on September 21, 2018, and is one of the notices that employers must provide under the Fair Credit Reporting Act. 

ACA Penalties Have Increased

September 17, 2018

For 2019, the Affordable Care Act (ACA) employer shared responsibility penalties are set to increase. As a reminder, these penalties apply to any month in which at least one full-time employee of an applicable large employer (ALE) receives a premium tax credit for purchasing coverage through the marketplace and either:

Employee Dress Codes

September 10, 2018

Every employer wants its employees to make a great first impression on clients and customers, promote an atmosphere of respect and professionalism in the workplace, and cultivate a general reputation of strong values and trustworthiness.  One way employers approach this goal is to implement a dress code, or policy regarding dress and grooming.  But employers should be aware of the pitfalls and practicality of implementing these types of policies. 

We are Pleased to Announce an Exciting new Partnership with SyncStream Solutions

August 28, 2018

We are pleased to announce an exciting new partnership between SyncStream Solutions and myHRcounsel™!  With all of the changes in Washington politics in the last couple of years, the Affordable Care Act (ACA), also known as Obamacare, remains the law of the land and applicable large employers are still required to comply with its mandate to offer minimum essential coverage to all full-time employees. One of the most confusing and tedious tasks involved in this compliance is the annual IRS filing requirements.  Through myHRcounsel’s partnership with SyncStream, we are now providing our clients with the tools to take the stress out of these annual ACA filings.  SyncStream’s comprehensive ACA Dashboard is a cloud-based tool designed to manage all aspects of ACA reporting and compliance including:

Per Diem Overview

August 28, 2018

Do you wonder about the ways to cover expenses for employees who travel?  One method is paying per diem.  We frequently receive questions on per diem payments and the implications they have for employers and employees.

What’s the order for paperwork when on-boarding a new employee?

August 27, 2018

Hiring a new employee can rain a mountain of paperwork on any seasoned HR professional. Oftentimes, one is left asking, what order are all of these supposed to be complete?

Best Practices for Electronic Tracking

August 23, 2018

Employers now have the ability to track employees’ movement and location using GPS and related tracking technology on employees’ vehicles and smartphones.  The benefits of electronic tracking include monitoring employees’ performance and productivity, accurate time recording, and ensuring employees’ safety during work related travel.  But using electronic tracking technology without the proper legal safeguards in place can lead to fines, sanctions, and costly lawsuits.

What to do when you notice issues or signs exhibited by an employee that you believe may be related to a medical issue?

August 21, 2018

Employers often notice performance, attendance, or other issues that lead them to be rightfully concerned about their employees’ well-being and safety. Managers, supervisors, and other decision makers in the organization should be trained to recognize situations and signals that could point to medical or personal issues requiring engagement in the interactive process under the Americans with Disabilities Act (“ADA”). The ADA not only prohibits employment discrimination based on disability, but also creates responsibility for employers to make good faith efforts to reasonably accommodate applicants and employees with disabilities.

Can Staffing Agencies Share Background Checks or Drug Tests with Clients?

July 26, 2018

A common question from Staffing Agencies is whether or not they can share background checks or drug tests with clients.  I understand wanting to do it, but I would highly recommend against it.

Ban the Box Laws. What do they mean?

July 23, 2018

Did you know that over 68 million Americans have some type of criminal history?  About as many Americans have criminal records as have college degrees.  If you ask about criminal history on your applications to eliminate applicants with criminal records you may not just be eliminating one-third of your potential employees-you may be breaking the law!

Paid Family Leave Around the Country

July 23, 2018

California, New York, New Jersey, and Rhode Island have all enacted laws providing paid family leave to employees who need time off to care for a seriously ill family member or bond with a new child.  Paid family laws in these states is paid for through employee payroll deductions and pay from 50 to 70 percent of an employee’s weekly wage for six to eight weeks of leave. 

Colorado’s New Consumer Data Privacy Law- Effective September 1, 2018

July 23, 2018

Come September 1, 2018, Colorado’s latest consumer data privacy legislation, House Bill 18-1128, goes into effect. The new law requires covered entities to establish reasonable security procedures, responsibly dispose of personal identifying information, ensure that third party service providers properly handle personal identifying information, and timely notify affected residents of a security breach.

Federal Court Suspends Portion of California Sanctuary State Law

July 10, 2018

A federal judge in California recently halted enforcement of part of AB 450, one of California’s “Sanctuary State” laws.  The law took effect in October 2017 and provides that employers:

·         May not allow federal immigration officials to access the employer’s nonpublic work areas unless the officials have a judicial warrant;

Are you Required to Pay on Holidays?

July 02, 2018

With the upcoming summer holidays approaching, many employers have questions regarding holiday pay.  Are private employers required to give employees time off?  Does the law require private employers to pay a premium rate, such as time and a half, to employees who work on holidays?  State and federal laws differ with regard to holiday pay.

 

Minneapolis Minimum Wage for Small Businesses Takes Effect July 1, 2018

June 29, 2018

The first minimum wage increase for employers in Minneapolis with 100 or less workers will take effect on July 1, 2018.  Workers of these small businesses are required by law to be paid $10.25 per hour effective on July 1.  Businesses with 100 or more workers are required to pay their workers $11.25 per hour on July 1, 2018.  

Rhode Island Sick and Safe Leave Time Law: Effective July 1, 2018

June 28, 2018

Are you an employer in Rhode Island?  If you answered yes, you better be prepared for the Rhode Island Sick and Safe Leave Time Law, which will be in effect on July 1, 2018.  While the Rhode Island Department of Labor and Training has stated that it will not enforce fines contained within the statute until January 1, 2019- employees are still able to sue their employers over the new law.

2019 is Closer Than You Think – Washington State Employers Should Begin Preparing for New Paid Family and Medical Leave Law

June 18, 2018

Last year, the State of Washington passed the new Paid Family Medical Leave law (PFML).  The law covers all private employers in Washington. 

During a year, eligible employees may be entitled to job-protected paid leave as follows:

ADA and Website Compliance

June 13, 2018

Title III of the Americans with Disabilities Act (“ADA”) applies to all places of public accommodation (businesses open to the public). The federal circuits are somewhat split on whether the ADA applies to websites, and whether such websites must have a nexus to physical structures. Many recent cases, however, are trending toward requiring website accessibility (see below discussion of a recent summary judgment ruling out of California), and the Department of Justice (“DOJ”) has previously indicated that Title III of the ADA applies to websites that meet the definition of a public accommodation.

Are you ERISA Compliant?

June 07, 2018

Do you think that you are ERISA compliant?  The DOL has released the 2017 Form 5500, which is very similar to the 2016 Form 5500.  While similar, there is a big difference, where if the Plan Name changed from 2016 to 2017- you must note this on the second page of the 2017 Form 5500.  What this means is that something’s up with the DOL and health and welfare plans- are they ramping up enforcement?

Big Changes for New Jersey Employers

April 30, 2018

Following the lead of a number of other states and cities across the country, New Jersey is taking steps to implement two new laws that will have a significant impact on employers.

Washington State’s New Pay Equity Law

April 20, 2018

Pay equity legislation is a trend that’s sweeping the country.  Washington State joined the ranks of other cities, counties, and states by passing The Equal Pay Opportunity Act (EPOA).  The law was recently signed by the governor and goes into effect on June 7, 2018. 

A Reminder that All Are Equal-Opportunity Harassers

March 22, 2018

After a two-year hiatus, American Idol is back on the air…  Please try to contain your excitement!  It’s been in the news lately not so much for its hilarious outtakes of woefully awful singers or the high drama of killing burgeoning singers’ dreams in an instant, but for illustrating a key employment law take-away. 

New Rules for Disability Claims Take Effect April 1, 2018

February 27, 2018

On April 1, 2018, new Department of Labor regulations regarding short-term and long-term disability plans covered by the Employee Retirement Income Security Act (ERISA) go into effect.  Employers must make sure that they and their plan administrators and third party administrators are ready to comply with the new regulations

Misuse of Biometric Information Costs Corporations Millions

December 14, 2017

What do you need in your HR toolbox that Facebook, Google, United Airlines, Snapchat, and Shutterfly wish they would have had?  You may not know it yet, but a biometric information policy could be standing between you and millions of dollars in liability. 

Social Media and Off-Duty Activity

December 14, 2017

What do you need in your HR toolbox that Facebook, Google, United Airlines, Snapchat, and Shutterfly wish they would have had?

Pay witholding

December 13, 2017

What do you need in your HR toolbox that Facebook, Google, United Airlines, Snapchat, and Shutterfly wish they would have had?