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Featured Content
XpertHR offers a wealth of content to help an employer establish the policies and practices necessary to deal with the expected impact of the flu in the workplace.
The expiration of the temporary payroll tax cut, an increase in the income tax withholding rate on supplemental wages exceeding $1 million and other changes are summarized here.
XpertHR has updated its content to reflect increases in amounts for excludable transportation fringe benefits, adoption assistance benefits, the standard deduction and the personal exemption.
In these new sections, subscribers will learn state-specific laws and regulations addressing potential liability that can arise from everyday interactions with unions in the workplace.
A new Task and a new How To will aid an employer in managing workplace whistleblowers, which has become more important in the wake of employee-friendly trends in this area.
State Highlights
Unions May Now Picket on Private Property in California
The California Supreme Court ruled that a union picketing in front of a privately owned supermarket entrance was related to the state's interest in protecting collective bargaining to resolve labor disputes.
News from the Heartland: Social Media Privacy Law Proposed in Nebraska
The Nebraska Legislature introduced a bill that would prohibit employers from demanding access to social media accounts.
New Jersey Proposes Rules Relating to Workplace Gender Pay Inequity Notice Requirements
The New Jersey Department of Labor and Workforce Development proposed amendments and new rules to implement statutory provisions requiring notice related to gender pay equity.
Federal Highlights
Supreme Court Adds Employment-Related Case to Schedule
The court will decide whether federal law preempts a Port of Los Angeles rule requiring all trucking companies to hire drivers as employees rather than independent contractors.
Food for Thought: Veganism Could Be Considered a Religion
An employee who was terminated for refusing a flu shot because the vaccine contained animal product may proceed with her religious discrimination claim.
Confidentiality and Nondisparagement Clauses in Employment Agreements Must Not Chill NLRA Rights
The NLRB's Administrative Law Judges have been frequently questioning whether employment agreement provisions comply with Section 7 of the NLRA.
Mandatory Park-and-Ride Program Was Not Compensable Under the FLSA, 5th Circuit Rules
Simply requiring employees to follow a certain mandatory transportation scheme in and of itself does not render otherwise-noncompensable commuting time compensable.
Employees Working Off Site Can Still Qualify for FLSA's Agricultural Exemption, 11th Circuit Rules
Employees tending to their employer's plants at a Home Depot were not entitled to overtime under the Fair Labor Standards Act.
Arbitration Agreements May Contain FLSA Collective Action Waivers, 8th Circuit Rules
Arbitration agreements that include waivers of employees' rights to bring a collective action under the FLSA are enforceable, despite a NLRB ruling to the contrary.
Florida-Based Company Settles False Claims Act Lawsuit For $15.3 Million
American Sleep Medicine has settled allegations that it fraudulently billed Medicare, TRICARE and the Railroad Retirement Medicare Program.
Labor Secretary Hilda Solis Resigns
Solis's departure, credited to her desire "to begin a new future," is not expected to significantly impact current enforcement policies.
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Contributor Spotlight
Alan L. Rupe is a board-certified trial specialist with Kutak Rock LLP. He is certified by the National Board of Trial Advocacy and is an advocate member of the American Board of Trial Advocacy.
Recognized for his distinctive courtroom style, skilled advocacy and personal involvement in his clients' cases, Mr. Rupe has been tagged as "the best and most effective labor and employment trial lawyer in the state." Read more...
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New on XpertHR
What's New This Week?
New Updates to California Employment Law Manual
XpertHR has updated its content to reflect several changes taking effect in the Golden State, including:
- Depositing and Reporting Withheld Taxes - "Business days" (not "banking days") used to determine the remittance date of withholding payments.
- Employee Communications - Required notices about Pregnancy Disability Leave and slavery and human trafficking.
- Employee Discipline - Privacy protections regarding social media passwords do not apply in the case of an employer's disciplinary investigation.
- Hours Worked - Discrimination protection for breastfeeding women.
- Involuntary and Voluntary Pay Deductions - A new definition of "disposable earnings" and a new maximum amount subject to wage garnishment take effect in 2013.
- Legally Required Benefits and Unemployment Insurance Tax - A new law that will allow the state to deny reimbursement to employers for overpayments made to their unemployment insurance reserve account under certain conditions.
- New Hire Reporting - New definitions of "rehire" and "start-of-work" date apply in 2013.
- Overtime - Prohibition of explicit mutual wage agreements under which payment is made to a nonexempt employee in the form of a fixed salary for all hours worked, including overtime.
- Payment of Wages - New pay statement requirements apply to all employers; a special rule will soon apply to temporary services employers.
- Performance Appraisals - New penalties for employers that do not comply with mandates regarding an employee's right to inspect personnel records, including performance appraisals.
- Strikes, Lockouts and Other "Economic Weapons" - A California Supreme Court ruling that unions are allowed to engage in peaceful picketing on private property in front of store entrances.
- Terms of Employment - Requirements that employment contracts must be in writing if an employee is paid by commission for services rendered in California.
New Updates to Guidance in International Manual
Singapore is the latest addition to our International Manual.
In addition, substantive updates were made to several other countries:
- Belgium - New information on a statutory pay freeze and an obligation to offer training and/or work-experience placements to young people; and updated information on permitted deductions from pay, national minimum wage rates, income tax thresholds and tax-free allowance for single people, minimum pay supplement for late-night work, state benefit rates during parental leave, threshold for duration of probationary period, earnings figures for the purposes of statutory notice periods, and rates for closure payments.
- France - Updated information on the "reference sum" for the purposes of a "European blue card", statutory national minimum wage rate, and statutory maternity benefit rate.
- Germany - Updated information on pensions, social security, minimum "wage floor" rates, and minimum wage rates applicable to employees in certain sectors, including posted workers.
- Ireland - Updated information on income tax and social security.
- Norway - Updated information on income tax and social security; and new information on temporary agency workers.
- Poland - Updated statutory national minimum wage rate; and new information on training funds.
- Spain - Updated statutory national minimum wage rates and maximum threshold/"base" for social security contributions.
Coming Soon
New Progressive Discipline Workflow, a Supervisor Briefing on Ethics and More...
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