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Celebrating the Holidays at Work
These tools can help employers decide whether, when and how to host a company holiday party, and whether to permit festive decorations to be displayed at work.

Expanded State Coverage of Recordkeeping for Employee Compensation Purposes
XpertHR is pleased to announce the release of additional state information on recordkeeping for employee compensation purposes.

Employee Attendance - Supervisor Briefing
This new Supervisor Briefing examines the law and best practices for managing employee attendance in the workplace.

New Forms for Religious Accommodations
  Religious Accommodation Evaluation Form
  Religious Accommodation Request and Action Form
  Religious Accommodation Response Form

These forms, recently added to XpertHR, are designed to help employers in the interactive process and discussions with employees regarding reasonable accommodations; to provide employees a form to obtain a workplace accommodation based on religion; and to notify employees who have requested a religious accommodation of the outcome of their requests.

Content Spotlight: Employee Discipline

As the holidays approach, absenteeism, substance abuse, sexual harassment and other workplace problems often rear their ugly heads. If they do, employee discipline must be a part of any effective response. XpertHR offers a wealth of content to support HR in disciplining employees. The Employee Discipline Section of our Employment Law Manual offers a reference for state and federal requirements. We also offer a supervisor briefing that provides practical guidance on how to develop an employee conduct policy and manage employee misconduct; forms and policies that can easily be customized to fit any employer's needs; and a variety of FAQs and How To's that address some of the most common employee discipline scenarios.



Marta Moakley

Marta Moakley is the legal editor for the training and development, employee retention, performance appraisals, promotions, employee communications, managing employees in special situations, employee discipline, and recordkeeping and minimizing liability content in the employee management section of XpertHR. Prior to joining XpertHR, she worked as an assistant attorney general with the Florida Attorney General's Office, and as an Equal Opportunity Specialist for the US Department of Education's Office for Civil Rights. Marta also served as a law clerk to the Hon. Paul C. Huck, Senior US District Judge for the Southern District of Florida.

Follow @marta_m811



State Highlights

Supreme Court: Arbitration Agreements May Trump Conflicting State Law
Employers that utilize arbitration agreements received a major vote of confidence from the Supreme Court of the United States.


Eighteen States Lose FUTA Credit Reduction for 2012
Employers paying wages subject to UI tax will owe a greater amount when they file their 2012 federal Form 940, due January 31, 2013.


Nine States Revise Withholding Tax Tables for 2013
The tax tables are needed for calculating employee withholding effective for wages paid on and after January 1, 2013.


Employers Should Proceed Cautiously When Administering Drug and Alcohol Testing
A New Jersey case made clear that employers should ensure drug and alcohol testing policies do not violate federal and state law protecting individuals with disabilities.


Federal Highlights

USCIS Releases Fact Sheet Providing Form I-9 Guidance to Employers on Deferred Action Recipients
The Form I-9 fact sheet identifies an employer's obligations during the Form I-9 process in order to verify individuals' authorization to work in the US.


HHS Proposes Rules on Key Health Care Reform Provisions

Rules related to the Affordable Care Act would affect health insurance market reforms, essential health benefits and wellness programs.


7th Circuit Declines to Follow EEOC's Broad Interpretation of the ADA's Confidentiality Provisions

Court rules that employers do not have to keep confidential all employee medical information learned in response to a job-related inquiry.


8th Circuit: Employee's Phone Call Was Not 'Clear and Detailed' Enough for FLSA Retaliation Claim
An amicable phone call in which an employee questioned an early clock out was not a "sufficiently clear and detailed FLSA complaint."


Fiscal Cliff May Still Trigger WARN Act Protections Despite Government Guidance to the Contrary
The fiscal cliff could still force federal contractors into costly and time-consuming WARN Act litigation.


Timekeeping System Saved Employer From FLSA Overtime Claim, 10th Circuit Rules
A requirement that employees document hours worked at home protected an employer from paying overtime for hours about which it was never notified.

Contributor Spotlight


Steven J. Luckner is a partner of the firm where his practice focuses on the defense of cases involving allegations of wrongful discharge; sexual harassment; age, race, sex, religious, and disability discrimination; whistle-blower and other statutory claims. Mr. Luckner also has experience in the defense of wage and hour claims under the Federal FLSA and various state laws. Read more...

New on XpertHR

What's New This Week?


During office closures due to inclement weather or other disasters, may a private employer direct
exempt staff to take vacation or other PTO?


According to a US Department of Labor opinion letter,
employers with a bona fide benefits plan may substitute or reduce the accrued leave in the plan for the time an exempt employee is absent from work, even if it is less than a full day, without jeopardizing the employee's exempt status, as long as the employee still receives in payment an amount equal to the employee's guaranteed salary. Read more...

Coming Soon

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


Did you know XpertHR Tasks compile the most relevant documents and guides to help subscribers successfully complete difficult and specific HR functions?


To assist in your day-to-day, XpertHR has compiled the best resources on specific job functions within our Tasks document types, aimed to help you find all of the information you need in one place. Tasks help walk HR professionals through specific actions, such as Tackling Attendance Problems or Managing Telecommuters, by compiling the most informative and relevant guidance offered on each subject onto one page. Tasks are the ideal starting point to tackling any issue. To locate these pages, select Tasks from the XpertHR top ribbon.
Editor's Message

End of year is upon us. A time to celebrate, but also a time for closing out the year and preparing for the new.

On the payroll front, Eighteen States Lose FUTA Credit Reduction for 2012 and Nine States Revise Withholding Tax Tables for 2013, while 11 states' minimum wages increase in 2013. Too, healthcare reform poses several new requirements for HR in 2013.

End of year parties are a time to relax and enjoy our colleagues, but can also pose risks. Celebrate at work, but thoughtfully!

Have a wonderful December!

Peggy Carter-Ward
Head of Content

NLRB Ruling Creates Internal Investigation Concerns
FMLA Takes Center Stage
More...

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