The NLRB postponed the date at the request of the federal court in Washington, D.C., which is involved in a legal challenge regarding the rule. The court expects to resolve the legal issue in the months leading to this modified deadline.
Showing posts with label labor law posters. Show all posts
Showing posts with label labor law posters. Show all posts
Mark your compliance calendar: New NLRA poster to be posted by April 30, 2012
Good news for all you professional procrastinators. Just when you were all geared up to order the new mandatory NLRA posting, the National Labor Relations Board has pushed back the effective date. Rather than January 31, 2012, the deadline for posting the employee rights notice is now April 30, 2012.
The NLRB postponed the date at the request of the federal court in Washington, D.C., which is involved in a legal challenge regarding the rule. The court expects to resolve the legal issue in the months leading to this modified deadline.
The NLRB postponed the date at the request of the federal court in Washington, D.C., which is involved in a legal challenge regarding the rule. The court expects to resolve the legal issue in the months leading to this modified deadline.
Posted on Friday, January 06, 2012 by
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Compliance update: Deadline extended for new mandatory NLRA posting
The National Labor Relations Board (NLRB) just announced that the posting deadline for the new NLRA poster has been extended -- from November 14, 2011, to January 31, 2012. The Board stated this extension was necessary for additional education and outreach for employers, particularly small- and medium-sized businesses.
The postponement will not affect the final rule that led to the NLRA posting, or change the actual content of the poster.
Check back here for continued updates on this mandatory labor law posting.
The postponement will not affect the final rule that led to the NLRA posting, or change the actual content of the poster.
Check back here for continued updates on this mandatory labor law posting.
Posted on Thursday, October 06, 2011 by
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New federal NLRA poster required -- Are you in compliance?
On August 25, 2011, the National Labor Relations Board (NLRB) issued a final rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act (NLRA). Under the final rule, employers must display the new federal posting by November 14, 2011, to remain in compliance. Failure to post the notice will be considered an unfair labor practice.
In addition to providing examples of unlawful employer and union conduct and informing employees how to contact the NLRB with questions or complaints, the notice states that employees have the right to:
=> organize, form, join or assist a union
=> bargain collectively to improve wages and working conditions
=> discuss terms and conditions of employment with fellow employees
=> take action with those fellow employees to improve working conditions
=> strike and picket
It does not matter if your business is non-unionized, as the new posting requirement applies to union and non-union workplaces alike. The only exceptions to the requirement at this time are agricultural, railroad or airline employers -- or the U.S. Postal Service. Additionally, some very small employers and retailers may be exempt.
If you are already a Poster Guard® Compliance Protection member, you are guaranteed complete compliance with mandatory federal and state labor law postings through timely updates whenever a posting requirement changes.This means you will automatically receive the NLRA posting when it's finalized.
If you're not a Poster Guard® Compliance Protection member, sign up today to ensure compliance -- with the new mandatory NLRA posting and any future posting changes.
In addition to providing examples of unlawful employer and union conduct and informing employees how to contact the NLRB with questions or complaints, the notice states that employees have the right to:
=> organize, form, join or assist a union
=> bargain collectively to improve wages and working conditions
=> discuss terms and conditions of employment with fellow employees
=> take action with those fellow employees to improve working conditions
=> strike and picket
It does not matter if your business is non-unionized, as the new posting requirement applies to union and non-union workplaces alike. The only exceptions to the requirement at this time are agricultural, railroad or airline employers -- or the U.S. Postal Service. Additionally, some very small employers and retailers may be exempt.
If you are already a Poster Guard® Compliance Protection member, you are guaranteed complete compliance with mandatory federal and state labor law postings through timely updates whenever a posting requirement changes.This means you will automatically receive the NLRA posting when it's finalized.
If you're not a Poster Guard® Compliance Protection member, sign up today to ensure compliance -- with the new mandatory NLRA posting and any future posting changes.
Posted on Monday, October 03, 2011 by
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Compliance alert: New mandatory NLRA posting required by mid-November
As anticipated, the National Labor Relations Board (NLRB) issued a final rule requiring most private-sector employees to notify employees of their rights under the National Labor Relations Act (NLRA) by posting a notice. Effective November 14, 2011, the new NLRA posting requirement is mandatory!
Although the NLRB has not published the poster yet, it expects it to be available anytime on or before November 1. If you are already a Poster Guard® Compliance Protection member, you are guaranteed complete compliance with mandatory federal and state labor law postings through timely updates whenever a posting requirement changes. This means you will automatically receive the NLRA posting when it's released.
If you're not a Poster Guard® Compliance Protection member, sign up today to ensure compliance -- with the new mandatory NLRA posting and any future posting changes.
Remember: This new posting requirements applies to nearly all private-sector employers covered by the NLRA. Only agricultural, railroad, airline employers and the U.S. Postal Service are exempt at this time.
Although the NLRB has not published the poster yet, it expects it to be available anytime on or before November 1. If you are already a Poster Guard® Compliance Protection member, you are guaranteed complete compliance with mandatory federal and state labor law postings through timely updates whenever a posting requirement changes. This means you will automatically receive the NLRA posting when it's released.
If you're not a Poster Guard® Compliance Protection member, sign up today to ensure compliance -- with the new mandatory NLRA posting and any future posting changes.
Remember: This new posting requirements applies to nearly all private-sector employers covered by the NLRA. Only agricultural, railroad, airline employers and the U.S. Postal Service are exempt at this time.
Posted on Tuesday, September 06, 2011 by
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The comments are in … is an NLRA posting on union rights forthcoming?
Today's post comes from G.Neil’s HR News Weekly:
As we indicated in an earlier post, the Office of Management and Budget (OMB) was accepting comments through Feb. 22, 2011, on a proposed rule by the National Labor Relations Board (NLRB). The rule would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights.
Of the more than 4,000 comments received by the OMB a week before the deadline, many of them questioned whether the NLRB has the authority to issue this rule since the NLRA contains no provisions regarding a mandatory posting. A good portion of comments also questioned the actual content of the poster, particularly the fact that it doesn’t address the negative aspects of joining a union.
In related news, a House subcommittee recently held a hearing to examine the direction of the NLRB, including certain decisions and initiatives that may have overstepped the agency’s boundaries. In addition to criticisms against the role that organized labor has played in recent years, a prevailing theme at the hearing was the appropriateness of the proposed NLRA posting. Many of the unfavorable comments echoed those received by the OMB during the 60-day comment period.
After the hearing, NLRB Chairman Wilma Liebman stated:
“The most significant ‘emerging trend’ at the NLRB is that the agency is coming back to life after a long period of dormancy. … We are actively seeking input from practitioners and from the public, by inviting briefs for important cases that are under review, and by using the process of federal rulemaking to seek comments on one potential change intended to inform American employees of their statutory workplace rights.”
Now that the comment period is over, the NLRB has 90 days to review the public comments and issue a final rule. Stay tuned for continued updates on the proposed rule and whether a mandatory Federal poster is released as a result (most likely by this summer).
As we indicated in an earlier post, the Office of Management and Budget (OMB) was accepting comments through Feb. 22, 2011, on a proposed rule by the National Labor Relations Board (NLRB). The rule would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights.
Of the more than 4,000 comments received by the OMB a week before the deadline, many of them questioned whether the NLRB has the authority to issue this rule since the NLRA contains no provisions regarding a mandatory posting. A good portion of comments also questioned the actual content of the poster, particularly the fact that it doesn’t address the negative aspects of joining a union.
In related news, a House subcommittee recently held a hearing to examine the direction of the NLRB, including certain decisions and initiatives that may have overstepped the agency’s boundaries. In addition to criticisms against the role that organized labor has played in recent years, a prevailing theme at the hearing was the appropriateness of the proposed NLRA posting. Many of the unfavorable comments echoed those received by the OMB during the 60-day comment period.
After the hearing, NLRB Chairman Wilma Liebman stated:
“The most significant ‘emerging trend’ at the NLRB is that the agency is coming back to life after a long period of dormancy. … We are actively seeking input from practitioners and from the public, by inviting briefs for important cases that are under review, and by using the process of federal rulemaking to seek comments on one potential change intended to inform American employees of their statutory workplace rights.”
Now that the comment period is over, the NLRB has 90 days to review the public comments and issue a final rule. Stay tuned for continued updates on the proposed rule and whether a mandatory Federal poster is released as a result (most likely by this summer).
Posted on Tuesday, March 01, 2011 by
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Reminder: June 21 is NLRA posting deadline for federal contractors
On May 20, 2010, the U.S. Department of Labor (DOL) issued a final rule regarding how non-exempt federal contractors and subcontractors will notify employees of their rights under the National Labor Relations Act (NLRA). The new posting requirement is in response to President Obama’s Executive Order 13496, Notification of Employee Rights Under Federal Labor Laws, issued in January 2009.
Obama’s Executive Order revokes former President Bush’s Executive Order 13201, Notification of Employee Rights Concerning Payment of Union Dues or Fees, that required federal contractors and subcontractors to post notices (commonly known as “Beck” notices) informing employees of their rights to refrain from joining a union.
While some of the language the DOL proposed in August 2009 has changed, the new, broader notice remains focused on pro-union rights for employees. The posting also provides contact information for the National Labor Relations Board (NLRB), the agency responsible for enforcing the NLRA.
Time to get into compliance!
Federal contractors with prime contracts over $100,000 and subcontracts over $10,000 must properly display the NLRA poster by the June 21, 2010, deadline. This means displaying the poster conspicuously in plants and offices where employees covered by the NLRA perform contract-related activity. Ensure mandatory posting compliance with G.Neil’s NLRA Poster.
Obama’s Executive Order revokes former President Bush’s Executive Order 13201, Notification of Employee Rights Concerning Payment of Union Dues or Fees, that required federal contractors and subcontractors to post notices (commonly known as “Beck” notices) informing employees of their rights to refrain from joining a union.
While some of the language the DOL proposed in August 2009 has changed, the new, broader notice remains focused on pro-union rights for employees. The posting also provides contact information for the National Labor Relations Board (NLRB), the agency responsible for enforcing the NLRA.
Time to get into compliance!
Federal contractors with prime contracts over $100,000 and subcontracts over $10,000 must properly display the NLRA poster by the June 21, 2010, deadline. This means displaying the poster conspicuously in plants and offices where employees covered by the NLRA perform contract-related activity. Ensure mandatory posting compliance with G.Neil’s NLRA Poster.
Posted on Thursday, June 17, 2010 by
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House-approved National Defense Authorization Act could lead to FMLA posting change
On May 28, 2010, the House approved the National Defense Authorization Act (NDAA) for Fiscal Year 2011 (H.R. 5136.) The bill authorizes a $726 billion military budget that will, according to House Armed Services Committee Chairman Ike Skelton, “strengthen our national security, provide our men and women in uniform with the tools they need to do their jobs, and take care of our service members and their families.”
Included in the bill is an amendment (H.AMDT.656) that would allow the spouse, children and parents of a deployed member of the Armed Forces to take at least two weeks of unpaid leave from their job, even if they’re not covered under the Family and Medical Leave Act (FMLA).
Check back here for future updates on the NDAA and specifically, any posting changes resulting from this amendment. Poster Guard® Compliance Protection guarantees posting compliance with automatic replacements every time a mandatory law changes.
Included in the bill is an amendment (H.AMDT.656) that would allow the spouse, children and parents of a deployed member of the Armed Forces to take at least two weeks of unpaid leave from their job, even if they’re not covered under the Family and Medical Leave Act (FMLA).
Check back here for future updates on the NDAA and specifically, any posting changes resulting from this amendment. Poster Guard® Compliance Protection guarantees posting compliance with automatic replacements every time a mandatory law changes.
Posted on Friday, June 11, 2010 by
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Playing the labor law poster game
If you own or manage a business, odds are you know about the labor law poster shuffle. It's that game we all play where we try to get the right labor law posters in the right spaces by the right deadline, and then wait, breathless, to make the dash again when the feds or a state agency decide to change the posters because they changed a microscopic date located on the bottom 1/16" of the lower right hand corner -- you know, that spot that gets hidden by the poster frame, right?
Or they have rearranged the boxes containing the information no employee has ever read, or could understand because it's written in government legalese which is twice as bad a regular legalese because it's the government. And now because of those rearranged boxes (because heaven knows, our elected officials and heads of agencies have nothing else to worry about like health care reform or campaign reform or an economy that's tanked...) every business person must scramble to tear down the old no-longer-valid posters and replace them with new valid-for-the-next-10-minute labor law posters.
And as if the shuffle wasn't bad enough, there's the trying to find out about the changes. Never mind that you're trying to run a business in the aforementioned tanked economy, managing a bunch of sick employees who can't afford to see a doctor so they came to work to cough all over you. You have to spend hours searching state and federal websites for minute changes in labor law posters and posting requirements and then rush to order the new ones before they too are outdated. Then hope that you found all the right sites and all the right posters! It's kind of like trying to dance with the music on mute -- you know it's there, but it's impossible to hear it, so you're just kind of stumbling around the dance floor.
Only in this case, one wrong step in the labor law poster shuffle and you could get slapped with some pretty hefty fines or an employee lawsuit, or maybe both. Kind of makes the trips and falls on "Dancing with the Stars" look like a fun time, doesn't it?
So what are you supposed to do? Well, you can save a few bucks and keep trying to find those posters and stay ahead of the mandatory labor law poster game. Or you can go with a labor law poster service and take just one thing off your already heaping-piled-overflowing-never-get-through-it-all plate. Your choice.
We've got a good service at G Neil. Pretty cheap, given that it covers a full year and covers any fines you get if we mess up. Pretty simple too. Just sign up, pay once, and you're good for a year. Second year and on gets even cheaper. Wanna try it? Take a minute, step out of the shuffle and see how easy labor law poster compliance can get.
Or they have rearranged the boxes containing the information no employee has ever read, or could understand because it's written in government legalese which is twice as bad a regular legalese because it's the government. And now because of those rearranged boxes (because heaven knows, our elected officials and heads of agencies have nothing else to worry about like health care reform or campaign reform or an economy that's tanked...) every business person must scramble to tear down the old no-longer-valid posters and replace them with new valid-for-the-next-10-minute labor law posters.
And as if the shuffle wasn't bad enough, there's the trying to find out about the changes. Never mind that you're trying to run a business in the aforementioned tanked economy, managing a bunch of sick employees who can't afford to see a doctor so they came to work to cough all over you. You have to spend hours searching state and federal websites for minute changes in labor law posters and posting requirements and then rush to order the new ones before they too are outdated. Then hope that you found all the right sites and all the right posters! It's kind of like trying to dance with the music on mute -- you know it's there, but it's impossible to hear it, so you're just kind of stumbling around the dance floor.
Only in this case, one wrong step in the labor law poster shuffle and you could get slapped with some pretty hefty fines or an employee lawsuit, or maybe both. Kind of makes the trips and falls on "Dancing with the Stars" look like a fun time, doesn't it?
So what are you supposed to do? Well, you can save a few bucks and keep trying to find those posters and stay ahead of the mandatory labor law poster game. Or you can go with a labor law poster service and take just one thing off your already heaping-piled-overflowing-never-get-through-it-all plate. Your choice.
We've got a good service at G Neil. Pretty cheap, given that it covers a full year and covers any fines you get if we mess up. Pretty simple too. Just sign up, pay once, and you're good for a year. Second year and on gets even cheaper. Wanna try it? Take a minute, step out of the shuffle and see how easy labor law poster compliance can get.
Posted on Monday, February 08, 2010 by
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New Federal EEOC poster released - All covered employers must post to comply!
On October 23, 2009, the Equal Employment Opportunity Commission (EEOC) released the revised “Equal Employment Opportunity is the Law” poster, which includes the new Genetic Information Nondiscrimination Act (GINA) and ADA Amendments Act regulations. The EEOC posting change is mandatory for all covered employers.
Effective November 21, 2009, GINA prohibits employers with 15 or more employees from:
• Using genetic information to discriminate against an individual through hiring, firing, compensation, promotions and other employment decisions
• The collection and disclosure of genetic information
• Retaliation against individuals who exercise their rights under GINA
Now is the time to get into compliance with this mandatory posting update, as well as learn more about GINA and its impact on your business.
When you enroll in Poster Guard® Compliance Protection, you’ll enjoy the promise of complete, worry-free posting compliance – immediately, with the revised EEOC poster and in the future, with automatic posting replacements anytime mandatory changes affect your federal or state postings.
For an overview of GINA and clear explanations of how it affects you as an employer, download the ComplyRight™ Now E-Guide: New Genetic Discrimination Law: What It Means for Employers.
Effective November 21, 2009, GINA prohibits employers with 15 or more employees from:
• Using genetic information to discriminate against an individual through hiring, firing, compensation, promotions and other employment decisions
• The collection and disclosure of genetic information
• Retaliation against individuals who exercise their rights under GINA
Now is the time to get into compliance with this mandatory posting update, as well as learn more about GINA and its impact on your business.
When you enroll in Poster Guard® Compliance Protection, you’ll enjoy the promise of complete, worry-free posting compliance – immediately, with the revised EEOC poster and in the future, with automatic posting replacements anytime mandatory changes affect your federal or state postings.
For an overview of GINA and clear explanations of how it affects you as an employer, download the ComplyRight™ Now E-Guide: New Genetic Discrimination Law: What It Means for Employers.
Posted on Monday, October 26, 2009 by
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Obama delays E-Verify requirement
President Obama has delayed the effective date of a new rule that would require government contractors to verify the immigration status of their employees using the federal government’s E-Verify electronic employment eligibility verification system. The new effective date is June 30, 2009.
E-Verify is the U.S. Citizenship and Immigration Services’ (USCIS) system that federal contractors would be required to use to verify the eligibility status of new hires and existing employees to work in the U.S.
Obama’s administration pushed back implementation of the new E-Verify rule in order to complete an administration review of the requirement, which is also the subject of a federal lawsuit, according to a Federal Register notice published Friday.
This extension will mark the third delay in the effective date of the requirement, which was originally scheduled to take effect January 15, 2009.
E-Verify is the U.S. Citizenship and Immigration Services’ (USCIS) system that federal contractors would be required to use to verify the eligibility status of new hires and existing employees to work in the U.S.
Obama’s administration pushed back implementation of the new E-Verify rule in order to complete an administration review of the requirement, which is also the subject of a federal lawsuit, according to a Federal Register notice published Friday.
This extension will mark the third delay in the effective date of the requirement, which was originally scheduled to take effect January 15, 2009.
Posted on Monday, April 20, 2009 by
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DOL releases updated FMLA poster
On December 18, 2008, the U.S. Department of Labor (DOL) issued a new Family and Medical Leave Act (FMLA) poster based on revisions published in November 2008. Employers with 50 or more employees, and all public sector employers, are required to update their mandatory employee and applicant labor law postings with the new FMLA poster.
The new FMLA poster outlines how the expanded FMLA provides job-protected leave for the spouses, children or parents of members of the armed forces called to active duty in the U.S. military. Additional FMLA rights for employers and workers are clarified on the new poster, too.
Along with the FMLA poster, employers must post all other mandatory federal and state labor law posters, a burden that entails monitoring up to 20 different posters from as many as seven different agencies. And with the incoming Democratic administration expected to serve a more regulatory function with labor issues and workers’ rights, the level of labor law posting enforcement is expected to increase.
That’s why many employers are turning to third-party poster providers to maintain their posting compliance.
Poster Guard Compliance Protection, guaranteed by G.Neil, offers employers the easiest way to keep up to date with all federal and state posters. In addition to a poster set containing all required postings, employers automatically receive a new poster any time a federal or state posting regulation changes. Poster Guard Compliance Protection also offers a 100% Compliance Guarantee against fines, online auditing tools and dedicated customer support.
The new FMLA poster outlines how the expanded FMLA provides job-protected leave for the spouses, children or parents of members of the armed forces called to active duty in the U.S. military. Additional FMLA rights for employers and workers are clarified on the new poster, too.
Along with the FMLA poster, employers must post all other mandatory federal and state labor law posters, a burden that entails monitoring up to 20 different posters from as many as seven different agencies. And with the incoming Democratic administration expected to serve a more regulatory function with labor issues and workers’ rights, the level of labor law posting enforcement is expected to increase.
That’s why many employers are turning to third-party poster providers to maintain their posting compliance.
Poster Guard Compliance Protection, guaranteed by G.Neil, offers employers the easiest way to keep up to date with all federal and state posters. In addition to a poster set containing all required postings, employers automatically receive a new poster any time a federal or state posting regulation changes. Poster Guard Compliance Protection also offers a 100% Compliance Guarantee against fines, online auditing tools and dedicated customer support.
Posted on Tuesday, December 23, 2008 by
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The ADA Amendments Act, Part 2: How employers should prepare
In our last post, we examined the major changes the Americans with Disabilities Amendments Act will have on the original law when it becomes effective on January 1, 2009.
The new amendments make major changes to the original ADA, including what is considered a major life activity and the definition of disability. Employers must be aware of the changes and the effect they will have on their businesses. From the Word on Employment Law with John Phillips:
If you haven’t started already, employers should be preparing for how the changes to the ADA will effect employment processes, accommodating employees with disabilities and compliance requirements.
In a recent Workforce article, author Tina M. Maiolo explained the next steps employers should take to prepare for the upcoming ADA changes. Here are her seven steps to compliance with the ADA Amendments Act:
Understanding the changes to the ADA is the first step to compliance. Once the law goes into effect on January 1, 2009, it is up to employers to choose to follow what is required of them under the law.
If you’re looking for help managing employee accommodation requests, the ComplyRight ADA Administration System contains all the forms and information employers need to comply. Complete with forms, tip sheets and valuable best practice information, the system can help you manage any request.
The new amendments make major changes to the original ADA, including what is considered a major life activity and the definition of disability. Employers must be aware of the changes and the effect they will have on their businesses. From the Word on Employment Law with John Phillips:
All we know now is that the realm of “the disabled” is about to be significantly enlarged. While it may be incorrect to say the new Act makes everyone disabled, we’ll be much closer to that point than we’ve ever been. Reasonable accommodation requests will become more frequent and more complicated. Disability discrimination charges and litigation will increase dramatically. Given the new Act’s language, it’ll be difficult for courts to dismiss these cases without letting a jury decide them.
In many respects, we’re starting all over with disability discrimination. If the Supreme Court has, in the past, given employers an advantage in these cases, the advantage is about to be given to employees.
If you haven’t started already, employers should be preparing for how the changes to the ADA will effect employment processes, accommodating employees with disabilities and compliance requirements.
In a recent Workforce article, author Tina M. Maiolo explained the next steps employers should take to prepare for the upcoming ADA changes. Here are her seven steps to compliance with the ADA Amendments Act:
- Assume every employee is healthy. Presume nothing, especially whether the employee has any type of impairment.
- Assume all employee impairments fall under the ADA. When an employee claims to have an impairment, always assume that it is qualified as a disability under the ADA Amendments Act. Employers are “safer to assume from the outset that an impairment qualifies as a disability than trying to argue later that it does not.”
- Accommodate employee impairments. After a claim is made, be sure to make all reasonable attempts to accommodate the employee’s impairment. Unless the accommodation creates “undue hardship,” by being so burdensome or expensive that it changes the nature of the business, employers must be accommodating.
- Review and edit job descriptions. “An employer’s defense against an ADA Amendments Act claim is likely to rest on whether the disabled employee was "qualified" to perform the essential functions of his or her job.” Write an accurate and detailed job description from the beginning that clearly defines essential job functions.
- Begin ADA Amendments Act training. “HR should treat the ADA Amendments Act as an entirely new law.” Everyone involved in the hiring process, including HR and managers should go through training to understand the changes.
- Throw away, modify or create disability policies. Either start from scratch writing new disability policies, or modify your existing policies to reflect the latest ADA changes. It would be best to have these done before the law goes into effect on the first of the year.
- Make modifications as the courts interpret the new amendments. “The impact of the ADA Amendments Act will not be static,” they will continue to evolve over time. Stay on top of the latest changes and your business will be better protected.
Understanding the changes to the ADA is the first step to compliance. Once the law goes into effect on January 1, 2009, it is up to employers to choose to follow what is required of them under the law.
If you’re looking for help managing employee accommodation requests, the ComplyRight ADA Administration System contains all the forms and information employers need to comply. Complete with forms, tip sheets and valuable best practice information, the system can help you manage any request.
Posted on Tuesday, December 16, 2008 by
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25 states scheduled to raise minimum wage in 2009
In 2009 the country will see minimum wage increases in 25 states, the District of Columbia and Puerto Rico. Listed below are all of the states that have scheduled minimum wage increases next year. Visit Anne Bares at Compensation Force for a complete breakdown of all the scheduled changes.
Researching continually changing labor laws and what your business is required to post is a never-ending task, but luckily there are tools out there to help you stay up to date.
G.Neil’s Poster Guard Compliance Protection is just one valuable service that takes the stress of wondering whether you’re in compliance with federal and state labor laws off your shoulders and places it into the hands of experienced labor law professionals.
Read this and learn more about how Poster Guard can help you track the latest labor law changes and keep your business in compliance.
- Arizona
- Connecticut
- District of Columbia
- Idaho
- Illinois
- Indiana
- Kentucky
- Maine
- Maryland
- Missouri
- Montana
- Nebraska
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- South Dakota
- Texas
- Utah
- Vermont
- Virginia
- Washington
Researching continually changing labor laws and what your business is required to post is a never-ending task, but luckily there are tools out there to help you stay up to date.
G.Neil’s Poster Guard Compliance Protection is just one valuable service that takes the stress of wondering whether you’re in compliance with federal and state labor laws off your shoulders and places it into the hands of experienced labor law professionals.
Read this and learn more about how Poster Guard can help you track the latest labor law changes and keep your business in compliance.
Posted on Tuesday, December 09, 2008 by
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New FMLA regulations, what employers need to know
The U.S. Department of Labor released the final regulations under the Family and Medical Leave Act (FMLA), clarifying employer and employee rights under the law. The new FMLA regulations were published in the Federal Register on November 17, 2008 and will take effect on January 16, 2009. New forms and posters reflecting the latest changes will be required for employers subject to the FMLA.
This is the first set of revisions to the FMLA regulations since its enactment in 1993 and will affect all employers that must adhere to FMLA guidelines. The final rule helps workers and employers better understand their responsibilities and will speed the implementation of a new law that expands FMLA coverage for military families.
The final rule includes two notable benefits for some military families:
Military Caregiver Leave: Expands FMLA protections for family members caring for a covered service member with a serious injury or illness incurred in the line of duty on active duty. These family members are able to take up to 26 workweeks of leave in a 12-month period.
Leave for Qualifying Exigencies for Families of National Guard and Reserves: The law allows families of National Guard and Reserve personnel on active duty to take FMLA job-protected leave to manage their affairs — "qualifying exigencies." The rule defines "qualifying exigencies" as: (1) short-notice deployment (2) military events and related activities (3) childcare and school activities (4) financial and legal arrangements (5) counseling (6) rest and recuperation (7) post-deployment activities and (8) additional activities where the employer and employee agree to the leave.
Additional highlights from the new FMLA regulations:
Waiver of Rights: The department has finalized its position that employees may voluntarily settle their FMLA claims without court or departmental approval. However, prospective waivers of FMLA rights will continue to be prohibited.
Serious Health Condition: The new rule clarifies that if an employee is taking leave involving more than three consecutive calendar days of incapacity plus two visits to a health care provider, the two visits must occur within 30 days of the period of incapacity. Additionally, it defines "periodic visits to a health care provider" for chronic serious health conditions as at least two visits per year.
Light Duty: Time spent in "light duty" work does not count against an employee's FMLA leave entitlement, and the employee retains the right to job restoration during the light duty period.
Employer Notice Obligations: The final rule clarifies and strengthens the employer notice requirements to employees in order that employers will better inform employees about their FMLA rights and obligations, and allow for a smoother exchange of information between employers and employees.
Employee Notice: Under the new regulations, employees must follow their employer’s normal call-in procedures when taking FMLA leave. Under current rules, employees may notify their employer up to two days after an absence on their need for FMLA leave.
Medical Certification Process: The final rule recognizes the Health Insurance Portability and Accountability Act (HIPAA) and its impact on medical privacy. Responding to concerns about medical privacy, the new provisions prohibit direct supervisors from obtaining employee medical information for FMLA certification.
View the final rule as it appears in the Federal Register, here.
New forms and posters will be required for employers subject to FMLA guidelines. G.Neil’s top legal experts are working to provide you with the information and resources needed to stay in full FMLA compliance.
As of today, our legal team is developing a new E-Guide to explain the new FMLA rules in plain English. Check back regularly for the most up-to-date information to help you understand and take action on the latest legal requirements that affect your business.
Read our new Q & A reviewing the latest Family and Medical Leave Act Changes.
This is the first set of revisions to the FMLA regulations since its enactment in 1993 and will affect all employers that must adhere to FMLA guidelines. The final rule helps workers and employers better understand their responsibilities and will speed the implementation of a new law that expands FMLA coverage for military families.
"This final rule, for the first time, gives America's military families special job-protected leave rights to care for brave service men and women who are wounded or injured, and also helps families of members of the National Guard and Reserves manage their affairs when their service member is called up for active duty," said U.S. Secretary of Labor Elaine L. Chao in a recent press release. "At the same time, the final rule provides needed clarity about general FMLA rights and obligations for both workers and employers."
The final rule includes two notable benefits for some military families:
Military Caregiver Leave: Expands FMLA protections for family members caring for a covered service member with a serious injury or illness incurred in the line of duty on active duty. These family members are able to take up to 26 workweeks of leave in a 12-month period.
Leave for Qualifying Exigencies for Families of National Guard and Reserves: The law allows families of National Guard and Reserve personnel on active duty to take FMLA job-protected leave to manage their affairs — "qualifying exigencies." The rule defines "qualifying exigencies" as: (1) short-notice deployment (2) military events and related activities (3) childcare and school activities (4) financial and legal arrangements (5) counseling (6) rest and recuperation (7) post-deployment activities and (8) additional activities where the employer and employee agree to the leave.
Additional highlights from the new FMLA regulations:
Waiver of Rights: The department has finalized its position that employees may voluntarily settle their FMLA claims without court or departmental approval. However, prospective waivers of FMLA rights will continue to be prohibited.
Serious Health Condition: The new rule clarifies that if an employee is taking leave involving more than three consecutive calendar days of incapacity plus two visits to a health care provider, the two visits must occur within 30 days of the period of incapacity. Additionally, it defines "periodic visits to a health care provider" for chronic serious health conditions as at least two visits per year.
Light Duty: Time spent in "light duty" work does not count against an employee's FMLA leave entitlement, and the employee retains the right to job restoration during the light duty period.
Employer Notice Obligations: The final rule clarifies and strengthens the employer notice requirements to employees in order that employers will better inform employees about their FMLA rights and obligations, and allow for a smoother exchange of information between employers and employees.
Employee Notice: Under the new regulations, employees must follow their employer’s normal call-in procedures when taking FMLA leave. Under current rules, employees may notify their employer up to two days after an absence on their need for FMLA leave.
Medical Certification Process: The final rule recognizes the Health Insurance Portability and Accountability Act (HIPAA) and its impact on medical privacy. Responding to concerns about medical privacy, the new provisions prohibit direct supervisors from obtaining employee medical information for FMLA certification.
View the final rule as it appears in the Federal Register, here.
New forms and posters will be required for employers subject to FMLA guidelines. G.Neil’s top legal experts are working to provide you with the information and resources needed to stay in full FMLA compliance.
As of today, our legal team is developing a new E-Guide to explain the new FMLA rules in plain English. Check back regularly for the most up-to-date information to help you understand and take action on the latest legal requirements that affect your business.
Read our new Q & A reviewing the latest Family and Medical Leave Act Changes.
Posted on Monday, November 17, 2008 by
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New FMLA rules coming to a workplace near you
New Family and Medical Leave Act regulations are expected to become official soon and could go into effect by the end of this month.
In late October, the Department of Labor (DOL) submitted a final draft of new FMLA regulations to the Office of Management and Budget (OMB) for review. The OMB has a final action date of November 2008, but no specific day.
The DOL released proposed FMLA rule changes in February and asked for public comment. It is still unknown what changes were made, if any, based on feedback from the public.
The proposed regulations suggested a dozen key changes, some of the most substantial changes include notice from employees, eligibility standards, the definition of “serious health condition” and the release of FMLA claims.
We’ll have more information once the final regulations are published. Subscribe or check back often for the latest updates.
In late October, the Department of Labor (DOL) submitted a final draft of new FMLA regulations to the Office of Management and Budget (OMB) for review. The OMB has a final action date of November 2008, but no specific day.
The DOL released proposed FMLA rule changes in February and asked for public comment. It is still unknown what changes were made, if any, based on feedback from the public.
The proposed regulations suggested a dozen key changes, some of the most substantial changes include notice from employees, eligibility standards, the definition of “serious health condition” and the release of FMLA claims.
We’ll have more information once the final regulations are published. Subscribe or check back often for the latest updates.
Posted on Thursday, November 06, 2008 by
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Why DO businesses pay for things that are free from the government?
As Veritas points out, the government provides most forms and postings to businesses at no cost, and most business people understand that this is available. Which raises the question: “Why do businesses pay for government forms and other compliance materials that are available for free from the government?”
The answer we hear from customers involves their definition of “free.” They place a high value on their work time and have more pressing business matters to address. They recognize that accessing the appropriate compliance materials, interpreting their purpose and requirements, monitoring them for frequent changes, and downloading and printing documents on their own is often less cost-efficient than relying on labor law experts such as G.Neil to provide these services. As an added value, we also provide tools and resources that make executing your documentation easier and error-free.
Also, there is no single government-supplied resource that provides everything a business needs to maintain compliance. And even more concerning, is the fact that government agencies and regulators have no obligation to advise businesses when requirements change. So while the Department of Labor does provide downloadable posters on their website, this government agency is only one of the more than 150 different agencies that issue and frequently update more than 500 different mandatory labor law postings. This makes a “do-it-yourself” philosophy for maintaining compliance higher risk and more time-consuming than many realize.
Of course, I can make these statements as a provider of such compliance tools, but our customers can speak for themselves.
Anybody else have an answer for the question: “Why do businesses pay for government forms and other compliance materials that are available for free from the government?”
The answer we hear from customers involves their definition of “free.” They place a high value on their work time and have more pressing business matters to address. They recognize that accessing the appropriate compliance materials, interpreting their purpose and requirements, monitoring them for frequent changes, and downloading and printing documents on their own is often less cost-efficient than relying on labor law experts such as G.Neil to provide these services. As an added value, we also provide tools and resources that make executing your documentation easier and error-free.
Also, there is no single government-supplied resource that provides everything a business needs to maintain compliance. And even more concerning, is the fact that government agencies and regulators have no obligation to advise businesses when requirements change. So while the Department of Labor does provide downloadable posters on their website, this government agency is only one of the more than 150 different agencies that issue and frequently update more than 500 different mandatory labor law postings. This makes a “do-it-yourself” philosophy for maintaining compliance higher risk and more time-consuming than many realize.
Of course, I can make these statements as a provider of such compliance tools, but our customers can speak for themselves.
Anybody else have an answer for the question: “Why do businesses pay for government forms and other compliance materials that are available for free from the government?”
Susan Drenning
President, G.Neil
Posted on Thursday, September 25, 2008 by
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