November 2015

HR Strategies goes above and beyond in managing customized HR solutions for companies that are motivated to reduce costs by using HR Outsourcing. As a Professional Employer Organization (PEO), HR Strategies becomes your Payroll Processing Company and Workers' Compensation Outsourcing, handles your Employee Benefits, provides Human Resource Consulting, works with you on Human Resources Regulatory Compliance, and provides Human Resource Training, as well as many other related HR responsibilities.

Our professionals enable small business owners to focus on their core competencies, rather than focusing on running payroll, providing employee benefits, or the many other facets of human resource administration. We allow business owners to concentrate on their passion, without being distracted by countless human resources responsibilities.
Protected Concerted Activity & Social Media

In the age of technology and social media, it’s hard to manage information about your company. What should employers do when employees complain about work on Facebook or Twitter? Can you hold your employees accountable? Can you fire them? Find out how A&smp;B Burgers handled an employee rant on Facebook. Read more.

Stay Up to Date on the Latest Employment Legal Updates

FEDERAL UPDATES
Can a Drug and Alcohol Testing Policy Result in a Joint Employer Relationship?
FLSA Overtime And Minimum Wage Protections Now Apply To Employees Of Home Health Care Agencies Who Provide “Companionship Services”
Misclassification of Employees Equals One Costly Mistake
Revisiting Past Employment Practices May Be Required As A Reasonable Accommodation
What Rules Can Employer’s Impose on Company Email Use?

STATE UPDATES
Alaska, Arkansas, California, Connecticut, Massachusetts, Michigan, Nebraska, New York, Vermont, & West Virginia: 
Increases to State Minimum Wage in 2016 – Is Your Company Affected?

California: Department of Industrial Relations Updates Its FAQs regarding Paid Sick Leave
California: California Healthcare Workers Can Waive Their Second Meal Period
California: California’s New Grocery Worker Retention Law
California: California Revamps It’s Equal Pay Law
California: New California Labor and Employment Laws Effective 2016
Florida: No Change to Florida Minimum Wage For 2016
Minnesota: New Minnesota Safety and Health Protection on the Job Notice
New Jersey: No Change to New Jersey Minimum Wage For 2016
Ohio: No Change to Ohio Minimum Wage For 2016
Oregon: New Minimum Wage Notice For Oregon Employers
Oregon: New Oregon Law Bans E-Cigarettes in the Workplace
Washington: New Washington Job Safety and Health Notice

Can I Fire An Employee Once Their FMLA Is Exhausted?

You have an employee who recently went out on FMLA leave for knee surgery. He has been out for over three months and exhausted all 12 weeks of his FMLA. He called and stated he needs additional time off for physical therapy so he can gain full mobility of his knee. It looks like he will need an additional 6 weeks. You can’t keep his job open forever. Can’t you just terminate the employee now that his FMLA leave is exhausted?

How should you handle this issue?
  1. The Family Medical Leave Act only provides 12 weeks of job protected leave. There is no reason to continue to extend the leave.
  2. Keep on extending FMLA, he has a doctor’s note stating he needs more time off.
  3. There is no requirement to extend leave under FMLA, however the employee may be covered under the Americans with Disabilities Act. Under this law, continued leave may be considered a reasonable accommodation.
View the answer.

The Disciplinary Process

One of the most difficult tasks a manager faces is when an employee needs to be disciplined for violating company policy. Managers may feel that they are not suited or capable of undertaking the task.

Discipline is not about wanting to terminate an employee. Discipline is simply about letting the employee know that he/she has violated company policy and telling the employee what he/she can do to correct the behavior in the future. Setting employees up for success, not failure, is a major part of the disciplinary process. Read More.

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This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.
 

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