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Keeping Americans in suspense until the very last minute, Congress averted the "fiscal cliff" by passing the American Taxpayer Relief Act of 2012 late in the evening on New Year's Day.
Ten states raised their minimum wage rates on January 1, by amounts ranging between 10 cents and 35 cents.
As the NFL playoffs heat up and March Madness approaches, this policy provides guidelines for what types of activities will and will not be allowed on the employer's premises.
An employer should provide training to all employees regarding retaliation, informing them about what constitutes retaliation and emphasizing that such conduct is prohibited.
State Highlights
Agreement Reached on Oklahoma Illegal Immigration Law
On December 19, 2012, a challenge to portions of the Oklahoma Taxpayer and Citizen Protection Act of 2007 was finally settled.
Whether Employers Like It or Not, Social Media Privacy Laws Are Catching Fire
In light of new state and proposed federal laws, it is imperative that employers revisit employment social media policies and practices.
Supervisors Cannot Be Held Individually Liable Under Maine Law
As a result of a December 11, 2012, ruling by the Supreme Judicial Court of Maine, employers in Maine must take critical steps to protect themselves from discrimination and whistleblower claims.
Content Spotlight: Harassment in the Workplace
With the beginning of a new year, remember that prevention and early response to employee harassment complaints are the best medicine to eliminate harassment in the workplace and minimize employer liability.
For starters, an employer should have a clear policy prohibiting harassing behavior based on sex, race, religion, national origin and other protected categories. An employer should provide supervisors and employees with comprehensive training regarding sexual harassment as well as bullying and harassment of any kind.
A multichannel complaint system advising employees how to bring a complaint and a thorough investigation in response to any allegation will aid the employer in responding to and defending against any allegations of harassment.
Check out our full Harassment section of the Employment Law Manual for a complete review of the laws and practical implications of harassment in the workplace, our Legal Insight on Harassment in the Workplace for an in-depth look at this topic, as well as our How To Prevent Harassment for practical guidance and our news section for the most up-to-date information.
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Beth P. Zoller is the legal editor for the discrimination, affirmative action, harassment, retaliation, employee privacy, and employee handbooks/work rules/employee conduct content in the employee management section of XpertHR.
Prior to joining XpertHR, Beth practiced law for more than 10 years representing employers with respect to employment discrimination and harassment claims, contractual disputes, restrictive covenant issues, family and medical leave, wage and hour disputes and a variety of other employment-related claims.
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Federal Highlights
IRS Issues Proposed Regulations on Employer Shared Responsibility Mandate
In addition to the proposed regulations, a new set of questions and answers regarding the shared responsibility requirements has been posted on the Internal Revenue Service website.
Federal Courts Continue Grappling With Privacy Issues and Employee Communications
Recent court rulings highlight the importance of establishing clearly worded policies related to employee privacy and personal communications.
Employees Cannot Dictate Site of Breastfeeding Breaks, 11th Circuit Holds
As long as an employer otherwise complies with the law, nursing mothers are not guaranteed the right to express breast milk in the location of their choosing.
Supreme Court Agrees to Hear Arbitration Case
Oxford Health Plans v. Sutter will decide whether a group can collectively arbitrate a payment dispute even if an arbitration agreement does not mention class actions.
NLRB Reverses 50-Year-Old Precedent and Holds Dues Checkoff Clause Survives Collective Bargaining Agreement
Employers must continue to deduct and submit dues to unions even after a collective bargaining agreement expires.
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Contributor Spotlight
Meryl Gutterman specializes in employment litigation and counseling for both New York and New Jersey corporations.
She counsels clients on a variety of employment law issues, including avoiding and responding to claims arising under the LAD, Title VII, ADA, ADEA, and FMLA. Read more...
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New on XpertHR
What's New This Week?
Coming Soon
New Progressive Discipline Workflow, a Supervisor Briefing on Ethics and More...
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Did you know Policies and Documents offer customizable templates to help subscribers create legally compliant policies, forms, letters and checklists?
Whether you're drafting a Holiday Policy or sending a Promotion Letter, XpertHR's got your back with pre-written and customizable templates. With in-depth employment law and best practice knowledge, our authors have carefully created forms and checklists that keep you compliant while assisting with the often difficult task of creating new documentation. To view a full list of customizable documents, select Tools and Services from the top ribbon and click on Policies and Documents.
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Editor's Message
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On behalf of the entire XpertHR team, I'd like to wish you all a happy, healthy, productive and prosperous New Year!
2013 is certainly starting off in a challenging way for Human Resource professionals. What with the 11th hour adoption of the American Taxpayer Relief Act of 2012 (ATRA), narrowly averting the "fiscal cliff," yet not extending the temporary 2 percent cut in the employee portion of the Social Security tax rate, HR and payroll professionals have been scrambling to ensure accurate pay and withholdings for the first paychecks of 2013.
In addition, health care reform charges ahead, including recent IRS proposed rules on employer shared responsibility provisions under the Affordable Care Act. This development and the many more to come you can follow on our Health Care Reform resource center.
Many new laws have come into effect across several states. Just to mention a few: minimum wages increased in 10 states, three more states mandated E-Verify (North Carolina, Tennessee and Pennsylvania), and numerous new California requirements were adopted for 2013, including amended disability regulations. This is only a subset of the myriad new requirements among the 50 states. Our Legal Timetable shows quickly which laws came into effect recently.
Finally, on a very different note, my heartfelt congratulations to the XpertHR US content team for recently winning the prestigious RBI Achievement Award for 2012 Content Team of the Year. This well-deserved honor recognizes the tremendous hard work, quality and dedication of the team in developing this multiple-award-winning product. I'm so proud of their teamwork and results!
Peggy Carter-Ward
Head of Content |
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