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Your Update from XpertHR...

May 1, 2013

Featured Content

Unlocking the Affordable Care Act from All Angles
In this podcast, XpertHR Legal Editor Tracy Morley brings employers up to speed on the Affordable Care Act's Pay or Play requirements and the biggest challenges facing employers under the Act.

Supreme Court Ruling May Help Employers Limit Number of Plaintiffs in FLSA Lawsuits
If a single plaintiff's FLSA claim is satisfied then her lawsuit is moot, regardless of whether other plaintiffs might have joined in later, the Supreme Court ruled in Genesis Healthcare Corp. v. Symczyk.

High-Tech/Software and Communications Resource Center for HR
A variety of resources are gathered here to help employers in the high-tech/software and communications industries tackle the unique HR challenges that come from having a diverse workforce, multistate and/or foreign operations, confidentiality concerns and high employee turnover, among other issues.

Upcoming Webinar:
The New FMLA Regulations - What You Need to Know Now
Date: May 16, 2013
Time: 3:00 PM ET
Presenters: XpertHR authors Mark T. Phillis and Casey Kurtz of Littler Mendelson, PC
Highlights:
  How the new FMLA regulations reflect expanded eligibility for military-related FMLA leave and looser FMLA eligibility standards for airline flight crews;
  How employers must administer the new military caregiver leave relating to the care of veterans of military service; and
  What employers should do in light of the new FMLA poster and updated administrative forms.

Register today* to help ensure your employer is prepared and to receive 1 HRCI recertification credit.

* Please note: to register for this webinar you must be a member of HR.com. If you are not already a member, you will need to follow the links to the registration page. Once registered, please follow the link again in this email and enter your login details.

State News


  Oregon Employers Now Required to Provide Time Off for Veterans Day
  Utah Enacts Internet Employment Privacy Law
  New Mexico Passes Social Media Privacy Act

More...

Federal News

  White House Looking to Increase Enforcement of FLSA and FMLA
  Whistleblowers Protected Even if Employers Don't Violate Securities Laws, 3rd Circuit Says
  IRS Issues Additional Payroll Tax Refund Procedures

More...

Content Spotlight: Internships

As the end of the school year approaches, many employers may be considering internships to tap into the talent pool of students out on summer break. Paid internships offer employers a valuable opportunity to groom potential future employees and to evaluate their performance in a real-world environment. Unpaid internships, on the other hand, can result in a liability for back wages and/or overtime under the Fair Labor Standards Act (FLSA) unless certain strict criteria are met.

The Employment Law Manual section on Independent Contractors, Volunteers, Trainees, Interns and Other Non-Employees explains how certain interns may not be considered employees under the Fair Labor Standards Act and therefore need not be paid wages. The Legal Insight on Unpaid Interns and Trainees Under the FLSA analyzes the standards that the US Department of Labor and the federal courts apply to determine if an intern is an employee. And How to Structure an Unpaid Internship or Training Program offers practical steps that an employer can take to help avoid creating an employer-employee relationship with interns.


Michael Cardman

Michael Cardman is the legal editor for the wage and hour content in the employee compensation section of XpertHR. Prior to joining XpertHR, Michael was the managing editor for Thompson Publishing Group's library of HR publications.


From Our Blog

  Rutgers Scandal Shows Employers Must Not Drop the Ball
  Rutgers Scandal Shows Employers Must Not Drop the Ball (Part 2): Whistleblowing
  Rutgers Scandal Shows Employers Must Not Drop the Ball (Part 3): Transparency

More...

Contributor Spotlight


Lisa Stephanian Burton is a partner in Morgan Lewis' labor and employment practice. Ms. Burton counsels clients on a variety of labor, employment and business immigration issues, including compliance with state and federal labor and employment laws and regulations; OSHA matters; employment practices and policies; structuring the workforce; labor and employment implications of mergers and acquisitions; and hiring, firing, and reductions in force. Read more...

New on XpertHR

What's New This Week?

Updates were made to several country guides in our International Manual:

  China - Updated information on foreign nationals, non-competition clauses, variation of contracts and contesting dismissals.
  Denmark - Updated information on parental/paternity leave rights.
  France - New information on financial penalties/subsidies in the context of "generational contracts" and retirement.
  Greece - Updated information on social security contributions.   Ireland - Updated information on joint labor committees.
  Spain - Updated information on fixed-term workers, types of contract and work placement contracts; and new information on part-time training-related contracts.
  Switzerland - Updated information on collective agreements.


Does an employer have to give a pay increase to an employee who is out on approved FMLA leave during his or her performance review?


It depends. If, during the course of the employee's FMLA leave, there was a pay increase, then whether the employee is entitled to it upon return from leave depends on the nature of the increase. Read more...
Coming Soon

An International Manual chapter on South Africa; new Tasks on retaining and discarding records; and more...


Did you know XpertHR podcasts feature legal experts and XpertHR authors discussing the hottest topics in employment law?


XpertHR podcasts give our subscribers the opportunity to hear directly from the pros on the most challenging subjects HR faces today. In-house Legal Editor David B. Weisenfeld holds insightful conversations on FMLA, social media, Supreme Court rulings and a variety of other topics with lawyers and knowledgeable employment law professionals. To listen to or download a recording, click on the Podcasts link from the XpertHR homepage.
Editor's Message
Numbers and statistics. For many, numbers are dry, don't come easily, and rarely tell a story. Today, I have numbers that do tell a compelling story... the value of your XpertHR subscription. Since your last newsletter two weeks ago, the editors at XpertHR have been busy keeping your resource up to date and comprehensive. Here's a snapshot of updates to your subscription over the last two weeks:

  55 new documents
  21 updated documents
  20 states with new or updated content
  23 new policies and documents
  1 new Quick Reference Chart
  2 new How Tos
  5 new FAQs
  1 new industry Resource Center
  1 new podcast
  4 blog posts
  7 country guides updated
  6 subscriber questions answered

Imagine what this list would be after a year's subscription!

One GREAT service. What a value! Enjoy...

Peggy Carter-Ward
Head of Content

California Employers Facing Many Changes in 2013
EEOC General Counsel Takes In-Depth Look at Litigation Trends
Immigration Reform Hot Issue for Employers in Upcoming Year
More...

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