Bringing You More News Stories in a Shorter Format!
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Hurry Up & Wait! FFCRA Changes Continue
Just when we think we have it right, something changes. On August 3rd, a judge ruled that the U.S. Department of Labor (DOL) exceeded its authority with respect to four components of the Families First Coronavirus Response Act (FFCRA) regulations: the work-availability requirement; definition of a health care provider; intermittent leave; and documentation requirements.
Then, on August 27th, the DOL issued three new FAQ's clarifying when schools are "closed" for FFCRA purposes. The answer: it depends.
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On August 5th, the U.S. Equal Employment Opportunity Commission (EEOC) published two Technical Assistance Documents or Guidances about opioid use and employment.
Topics include: (1) disqualification from a job; (2) performance and safety; (3) and protect your rights.
While written for employees and health care providers, both documents include some tips for employers. For example, before a drug or substance test is administered, may an employer ask an employee if s/he takes medication that could cause a positive result?
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Good Documentation Defeats 5 Claims in 1! |
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When an employee’s company was taken over, she was not offered a job. In fact, she was not offered any one of 11 jobs for which she applied. She then sued alleging five violations of various laws.
In reviewing the case, the court noted her performance had declined over the years. She received worse ratings in the second half of her time with the company, than the first half. And two of the last five reviews included “IR” ratings indicating, “Improvement Required.”
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ICE Extends Form I-9 Flexibility Rule Again!
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On August 18th, the U.S. Immigration and Customs Enforcement (ICE) announced another extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year.
The new expiration date is September 19, 2020.
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DOL Issues Guidance for Tracking WFH Hours |
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For many, COVID-19 has changed not just how we work but where and when we work, including work(ing) from home (WFH). This may include working during non-traditional work times, such as evenings or weekends.
The DOL acknowledges, “In a telework or remote work arrangement, the question of the employer’s obligation to track hours actually worked for which the employee was not scheduled may often arise.”
As a result, on August 24th, the DOL issued a Field Assistance Bulletin that provides guidance for tracking hours worked by employees who WFH.
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When Perception Becomes Reality |
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On July 22nd, the U.S. District Court for the Western District of Pennsylvania filed a consent decree resolving a lawsuit alleging discrimination in violation of the Americans with Disabilities Act (ADA). The matter was resolved for $2.5 Million.
What happened? The U.S. EEOC reports the employer was “medically disqualifying workers without proper consideration of whether, or to what extent, their conditions might affect their ability to perform the jobs safely.” This included applicants as well as current employees.
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OODLES of Upcoming Events...
Coming to a Laptop or Computer Near You!
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Thursday, September 10th - "Employment Law, Legislative & Regulatory Update," hosted by Maryland Works, Inc. 9 - Noon.
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Thursday, September 10th, "FMLA Updates: What's Old is New Again," hosted by AICC, 2:00 - 3:00.
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Tuesday, September 15th, "Did I Hear You Say What I Think You Meant?!" hosted by HRSPGC, 1:00 - 2:30.
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Wednesday, September 16th, "Recruitment, Selection & Hiring: The Latest Tips & Tools," presented for the members and guests of HRASM. 9:00 -10:30
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Friday, September 18th, "COVID-19 & FFCRA: What's Now & What's News," hosted by AICC. 11:00 - noon.
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Wednesday, September 23rd, "We're Not Getting Any Younger! Age Discrimination in Today's Workplace," FiveL webcast, 10:00 - 11:15
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Want more e-News?
See a full listing of news updates here.
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In its 2nd Edition!
A SHRMStore "Great 8" Best-Seller
8 Years in a Row!
Thank YOU!
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Upcoming & Recent Webcasts! |
FiveL Company's Upcoming Webcasts:
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Wednesday, September 23rd, "We're Not Getting Any Younger! Age Discrimination in Today's Workplace," Pre-approved by SHRM and by HRCI for 1.25 credits.
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Wednesday, October 28th, "Happy Anniversary ADA: Trends, Tips & What's on the Horizon," pre-approved by SHRM & HRCI for 1.25 credits.
FiveL Company's Recent Webcasts:
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August 26th, "FMLA Update 2.0" Pre-approved by SHRM for 1.25 credits and HRCI for 1.25 business credits.
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July 22nd, "Workplace Discrimination: The Evolution Continues," Pre-approved by SHRM & HRCI for 1.25 credits.
100% of attendees rated these programs "Excellent" or "Above Average"!
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This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter. |
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