Employers with 50 or more employees must offer eligible employees up to 12 weeks of unpaid leave under the Family Medical Leave Act (FMLA). But what about employers with less than 50 employees? Are they required to provide a leave of absence to an employee with an illness or injury or to an employee who has a family member with a serious illness or injury? Quite possibly. There are a number of federal and state laws which may require an employer to provide a leave of absence, even when the employer is not covered by FMLA. Continue reading
Federal Law stipulates that employers only hire individuals who can legally work in the United States, either U.S. citizens or foreign citizens who have the required authorization. To act in accordance with the law, all employers must complete and preserve Form I-9 (Employment Eligibility Verification) to document verification of the identity and employment authorization of all new employees, citizens and noncitizens, to work in the United States.
Employees and employers (or authorized representatives of the employer) must complete the form. The employee must complete Section 1, which they must confirm to their employment authorization. The employee must also present their employer with suitable documents providing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) the employee presents to determine if the document(s) appear to be authentic and relate to the employee and record the document information in Section 2.
The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave in a 12 month period where their job is guaranteed upon their return. The law also requires that any group health insurance benefits the employee participates in are continued for the duration of the FMLA leave as if the employee was still working full time.
FMLA only applies to companies with 50 or more employees during each of 20 or more calendar workweeks in the previous or current calendar year. This may include members of controlled groups and joint employers if the total employee count is 50 or more. In addition, all public agencies (including local, state and federal government agencies) as well as public and private elementary or secondary schools are covered employers regardless of the number of employees.
With more and more states legalizing marijuana for medical purposes and/or for recreational purposes, many employers are unsure what they can and cannot do in regards to drug and alcohol testing and substance abuse policies.
There is no federal law that prohibits drug and alcohol testing, nor are there any federal regulations providing specific requirements for drug and alcohol testing for private employers. Some states do have specific requirements, so it’s important for employers to be aware of the rules in place in each state for which they have employees to remain in compliance. Listed below are brief summaries by state of rules relating to drug and alcohol testing and medical or recreational marijuana in the workplace where either have been legalized. Continue reading
Effective October 31, 2017 New York City becomes the next city following the recent trend of prohibiting employers from asking job applicants about their salary history.
Employers will no longer be able to legally ask applicants about their pay in former positions held nor can they search any publicly available records or reports to obtain the applicant’s salary history. Continue reading
When an employee quits their job voluntarily or is terminated involuntarily by their employer, it is important for an employer to know the rules regarding any final wages owed to the employee.
Each state’s wage and hour laws determine when and how the final payments are made. Many states have different rules for voluntary resignations and involuntary terminations. For example, some states require a check to be given at the time of termination when the termination is involuntary but don’t require final payment to be paid to an employee who is voluntarily quitting until the next regularly scheduled pay date. Continue reading
Effective July 7,2017, employers in West Virginia will have significantly expanded rights to implement mandatory drug testing policies for applicants and employees. Under current law, West Virginia employers are not permitted to require drug testing as a condition of hiring or of continued employment except under very limited circumstances.
Employers who decide to implement drug test must create a written policy and distribute the policy to all employees for which the policy applies (generally this is all employees). All job applicants must also have an opportunity to review the written policy. Continue reading