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Hurricane Resource Center
XpertHR's editors have compiled a list of resources to help employers manage the myriad of employment challenges that natural disasters such as hurricanes spawn.

XpertHR Releases Expanded State Coverage of Employee Health
The Employment Law Manual's Employee Health section now includes information on specific state laws and regulations, including smoking in the workplace, Good Samaritan Laws, and allergy-related requirements.

Best Practice Manual: Transgender Employees and Applicants in the Workplace
This section of the XpertHR best practice manual discusses the key steps that employers can take to ensure that transgender individuals receive fair and equal treatment in the workplace.

Holiday Policy
Use this policy to communicate what holidays are observed and to clearly define the criteria used to determine who is eligible to receive holiday pay.



Confused about the proper use of social media in the hiring process?

Register today for XpertHR's free 60-minute webinar hosted by employment attorney and compliance expert Karen Michael setting out what you need to know to ensure your organization is compliant.

State Highlights


New Oklahoma Gun Laws Go Into Effect
Employees can keep guns in their car on an employer's privately owned property and carry weapons openly with proper permits.


California Employers Can Now Take Advantage of Enhanced Online Services to Manage SDI Claims
Employers can access and submit electronic Notice of Claim forms for disability and paid family leave claims and view claims online.


Arizona Increasing Its Minimum Wage
Arizona's minimum wage is going up 15 cents per hour next year, a 1.7 percent increase over 2012.

Content Spotlight: 'Tis the Season for FMLA Leave

An increase in the request and use of FMLA leave time around the holidays often heightens suspicions of abuse in the minds of employers. With the holidays quickly approaching, XpertHR can help employers prepare and prevent the unfair use or abuse of leave during the holiday season. For example, to help employers identify when an employee is abusing FMLA, we provide checklists and practical step-by-step guidance on how to curb FMLA abuse. We also provide tools to help deter abuse, such as sample certification forms and an FMLA policy. Moreover, while the FMLA prohibits employers from terminating an employee for taking legitimate FMLA leave around the holidays, employers can terminate an employee for other legitimate reasons (not connected to FMLA leave) such as violating company rules (attendance policy) and poor performance. Check out our full FMLA section of the Employment Law Manual for a more in-depth analysis on the FMLA, including how to calculate FMLA leave during a holiday week.



Melissa Burdorf

Melissa Burdorf, our legal editor for the FMLA chapter of XpertHR has over 10 years of legal experience in employment law. Prior to joining XpertHR, Melissa worked as in-house counsel at a public tax company, wherein she provided constant employment advice and training to HR and supervisors. Melissa closely monitors developments in the field of employee leave management and the ADA and attends relevant seminars to help employers stay compliant.

Follow @MelBurd21



Federal Highlights

Social Security Wage Base Increases to $113,700 for 2013
As a result, nearly 10 million workers will pay higher Social Security taxes in 2013.


EEOC and State Law Protect Domestic Violence, Sexual Assault and Stalking Victims
Employment decisions relating to victims of domestic or sexual violence, or stalking may violate Title VII or the ADA.


IRS Announces 2013 Pension Plan Limits and Inflation-Adjusted Amounts
Adjustments affect dollar limitations on benefits and contributions under qualified retirement plans, other inflation-adjusted amounts.


11th Circuit Finds Firefighter Was a Volunteer, Not an Employee, Under the FLSA
Ruling offers examples public employers can use to stay on the right side of the line that separates volunteers from employees.

Contributor Spotlight


Allen S. Kinzer is a partner in the Columbus, OH, office of Vorys, Sater, Seymour and Pease LLP and a member of the labor and employment practice group. He represents employers across the country, defending them in discrimination and wage-hour litigation and advising them on union issues. Read more...

New on XpertHR

What's New This Week?


Does an employer need to accommodate an employee's request for time off for religious reasons?


Yes, in most cases under Title VII as well as under most state laws, an employer should grant a reasonable request for time off for religious reasons unless the time off will create an unreasonable or undue hardship for the employer. Read more...
Coming Soon

New Progressive Discipline Workflow, Two Law Reports on the NLRB's Social Media Reports and More...


Did you know you can keep up-to-date with upcoming federal, state and municipal changes from our Legal Timetable?


The Legal Timetable tracks all upcoming employment law changes on an ever growing calendar, with the most imminent changes directly on the top. Whether subscribers are interested in their particular states or what's to come federally, the Legal Timetable breaks down law changes quickly and easily, alerting subscribers as to who is affected, what is changing and any subsequent employer responsibilities. Along with upcoming laws and changes, the Legal Timetable also houses past changes in the archive, ensuring our subscribers have every opportunity to stay compliant. To find the Legal Timetable, simply select Tools and Services from the top ribbon on the XpertHR homepage and select Legal Timetable.
Editor's Message

Resilience.

There's been a lot of discussion of resilience over the past week as the recovery from storm Sandy has played out and had such a profound effect on so many. Resilience of cities and states to handle the storm and its aftermath. Resilience of residents dealing with the expected - and unexpected. Resilience of the power grid, and gas distribution. Resilience of our infrastructure. Resilience of all of us touched by the impacts.

The resilience of us at XpertHR was also tested - a real microcosm of the broader regional experience. Our headquarters in New Providence, NJ was closed for 4 days - it felt like an eternity. Our staff, who commute up to an hour from the office in all directions, were affected variously. A couple people didn't lose power at all while others had to evacuate their residences altogether. Many stayed home, but without power, heat, internet, phones. A colleague from our UK office who was staying in a local hotel had to be evacuated - a member of our team was able to take her in so she didn't have to stay in the local shelter. An employee who cares for an ailing mother had to evacuate her to a shelter to power her oxygen. And yet, many of our employees found the time to work when they could get online. One employee is collecting goods for those most affected by the storm on the NJ shoreline. Everyone rallied - did what they needed to do, for their own safety and for our customers. I'd say some amazing resilience has been on display.

Share your stories of the resilience of your employees and workplace.

We've compiled some resources to help with questions and issues you may be dealing with in our hurricane resource center. If you have other issues not addressed there, please let us know and we'll do our best to help you.

Our thoughts are with those of you dealing with the storm's aftermath.

Peggy Carter-Ward
Head of Content

Inside the Supreme Court: Insight on Affirmative Action
Social Media Madness for Employers
More...

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