Topics: Labor

Position Changed. What Do We Do With The Employee?

Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues. Question: We hired an employee last year. The company was looking for someone with a certain background. However, since then, our company has changed directions and will no longer require someone of this caliber. We will be keeping the position but changing the rate and experience to less than what the current employee is at. Can we terminate for these reasons? If not is there another way that we can handle this? More

House Committee Examines Joint Employer

The House Education and Workforce Committee held a hearing on July 12 to examine the murky joint employer standard that has generated much uncertainty in the employment community. The Coalition to Save Local Businesses, of which NATSO is an active member, submitted testimony to the Committee urging Congress to pass legislation clarifying the joint employer standard in a manner that will protect employees while enabling small businesses to avoid legal uncertainties and litigation. More

Human Resources Question of the Month: We Dropped Under 50 Employees, Does FMLA Still Apply?

Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues. Question: Our company recently made some changes, and we no longer have more than 50 employees. How do we handle our prior FMLA obligations (50 or more employees)? Do we have to wait a certain time period before we no longer are required to provide FMLA leave? Response: Yes, if an employer drops below the 50-employee threshold typically required for Family and Medical Leave Act (FMLA) coverage, indeed there is a certain time period that an employer must wait before it ceases being a covered employer for purposes of the Act. The employer will need to comply with its obligations under the FMLA as to any eligible employees, until such time as it is no longer a covered employer... More

Labor Secretary to Review Overtime Rule

Labor Department Secretary Alexander Acosta testified at a recent Congressional hearing that he plans to review the overtime rule involving exempt salaried employees. The Obama Administration sought to increase the minimum salary required for overtime-exempt employees to $47,476 annually for full-time employees from $23,660. However, a federal judge in November 2016 issued a nationwide injunction against the DOL's regulation expanding the number of workers who would be eligible for overtime pay. More

Department of Labor Proposes Rescinding Obama Administration Changes to Persuader Rule

The Department of Labor has proposed rescinding the Obama Administration's changes to the so-called "persuader rule." The proposal is supported by the employer community and opposed by organized labor, and represents another step that the Trump Administration is taking to peel back some of the Obama Administration's labor initiatives. More

Department of Labor Withdraws Guidance on Joint Employment, Independent Contractors

In a positive development for employers, particularly the franchise community, the Department of Labor (DOL) has officially withdrawn its guidance on joint employment and independent contractors. More

DOL Begins Process to Rescind Persuader Rule

The Department of Labor on May 23 sent to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) a new proposed rulemaking rescinding the Obama Administration’s persuader rule. More

Human Resources Question of the Month: Unpaid FMLA And Paid Holidays?

Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues. Question: We received a question regarding unpaid FMLA leave and holiday pay. An employee has requested unpaid FMLA leave. There are paid holidays during the leave period. Is the employee entitled to holiday pay? Response: In determining whether an employee on FMLA leave is entitled to holiday pay for a holiday that falls during the leave period, the employer's policy governs More

House of Representatives Passes Healthcare Reform Legislation

The U.S. House of Representatives narrowly passed its Obamacare "repeal and replace" legislation on May 4. The legislation effectively eliminates the employer and employee mandates; replaces Obamacare’s with tiered tax credits (increasing with age); allows states to apply for waivers to define their own essential health benefit requirements; expands the limits for Health Savings Account; discontinues Medicaid expansion in 2020; and repeals most of Obamacare’s taxes. The legislation also would delay implementation of the Cadillac Tax by five years, from 2020 to 2025, and it preserves the tax exclusion for employer sponsored insurance. More

Human Resources Question of the Month: Employees Late? Steps to Take.

Employees Late? Steps to Take. Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues. Question: What is the best way to handle employees who are constantly or continually late to work? Response: The best way to manage employees who are consistently tardy to work is through the use and enforcement of the employer's disciplinary action policy or other similar progressive disciplinary approach. An employer should keep in mind the importance of issuing consistent disciplinary action for similarly situated employees who exhibit similar policy infractions. More

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