June 2016

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.
Wage and Hour: Smart Employers Play by the Rules

HR Stories From The Front Lines*

Managers often resort to creative ideas to save money in business. However, thinking outside the box about employee wages can lead to expensive litigation for the company.

Click here to learn how three managers’ creative strategies to reduce overtime costs ultimately cost their companies more money than if they had played by the rules.

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(*This incident really happened; but names and other details have been changed.)

Stay Up to Date on the Latest Employment Legal Updates

It’s Here … The DOL’s New Overtime Rule Is (Finally) Published
How Will You Respond To The Department Of Labor’s New Overtime Rule?
At Last – Some Guidance On Leave As A Reasonable Accommodation
EEOC Releases Guidance On Preparing Effective Position Statements
EEOC Weighs In On Transgender Bathrooms
New Electronic Recordkeeping Requirements Released By OSHA
New Rules Released Regarding Employer Wellness Programs
OSHA Releases Guidance Documents Relating To Temporary Workers

Maryland, Minnesota, Oregon, Washington DC: Coming This Summer ... Minimum Wage Increases in 4 States
California: Bring Your (Support) Pet To Work … Is That A Thing?
California: Coming Soon To A California Workplace Near You – Stricter Nonsmoking Rules
California: Does California’s New Smoking Law Impact Your Workplace?
California: Some Relief Available For Small Businesses With Accessibility Violations
California: When Is Rounding Time OK In California?
California: Feelin' Hot, Hot, Hot!
Colorado: New Protections for Pregnant Workers in Colorado
Connecticut: Connecticut Family Medical Leave Act Expanded
Georgia: New Georgia Law Limits Joint Employer Exposure for Franchisors
Idaho: Idaho Strengthens Its Post-Employment Non-Compete Law
Maryland: Maryland Joins The Equal Pay Expansion Trend
Maryland: Maryland Joins The Veteran Hiring Preference Trend
Nevada: Nevada Releases Two New Wage and Hour Notices
Tennessee: Required For 2017 – eVerify (At Least For Some Tennessee Employers)
West Virginia: West Virginia Releases New Human Rights Act Notice
Wisconsin: Bone Marrow And Organ Donor Leave Coming To Wisconsin Workplaces July 1, 2016

Between a Rock and a Hard Place

Brain Teaser

Last Saturday night, Xpress Burgerz manager, Clyde, invited female employees to his apartment to “party” after their shift. Sunday afternoon, Bonnie, one of the employees who attended the party, sent Blanche, the HR Director, an email containing pictures from the party, which included pictures of the manager groping Bonnie and another female employee, and a message saying “creepy.”

After conducting a thorough investigation into Bonnie’s complaint, which included speaking with the other employees who attended the party, Blanche determined that Clyde’s conduct was unwanted by any of the female employees. She also determined that his conduct was in violation of the company’s Anti-Harassment policy, among others.

Blanche wants to terminate Clyde for this misconduct. Her only hesitation is that Clyde has recently returned to work from a workers' compensation leave of absence and is currently on modified duty.

It is an HR Director’s worst nightmare. How should Blanche handle this issue?
  1. Blanche should terminate Clyde because he committed a serious violation of the company’s Anti-Harassment policy. She is required to take corrective action by law.
  2. There are too many red flags to terminate Clyde. His workers' compensation injury and leave are too recent and he is still disabled from his injury. Any adverse action or disciplinary action can be perceived as retaliation and/or discrimination.
  3. Blanche may be able to terminate Clyde if she has sufficient supporting documentation from an unbiased internal investigation showing that Clyde engaged in egregious and nonconsensual sexual harassment. However, prior to termination, Blanche should speak with an HR Professional or qualified employment law attorney for guidance on how to reduce the company’s exposure to a retaliation claim while still appropriately addressing the problem.
View the answer.

Absence Makes the Heart Grow Fonder?
Not in Employment!
Manager Training

When an employee is out on an extended leave of absence, employers often become dissatisfied with the absent employee’s past performance. If a temporary replacement outshines the absent employee, the employer may be tempted to replace the absent employee with a new model. Before you give into temptation, click here to learn how to handle this sticky situation.

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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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