Handling the Death of an Employee

While nobody wants to think about tragic situations such as the death of an employee, it’s best to have a list of items to take care of should one of your employees pass away. Having a plan of action in place will help you stay organized and ensure all necessary items are addressed properly.

Prior to the death of an employee, and on an at least annual basis, it is recommended that you have employees review and update personnel forms.  These forms include emergency contacts, their life insurance and 401k forms, and health medical savings accounts.  There are many life events that can occur throughout your employees’ time with your company that can affect how their end of life benefits are administered (when applicable) such as separation, divorce, or death within their family resulting in a change of beneficiary information. Continue reading

Before a Closing or Layoff, WARN Your Employees

Were you aware that before closing a plant or laying off a large number of employees you may be required to provide advance notice to the affected employees? Many employers are not aware of this requirement.  The Worker Adjustment and Retraining Notification (WARN) Act requires that some usdol_seal_circa_2015_svgemployers give employees at least 60 days’ advance notice prior to certain plant closings and mass layoffs.

Employers with 100 or more employees must comply with the WARN Act.  The 100 employee count does not include employees who have worked less than 6 months in the last 12 months or those employees who work less than 20 hours per week. It’s important to note that even though these employees are not included in the employee count, they still must be provided notification at least 60 days before a plant closing or mass layoff. Continue reading

Five Employer Overtime Myths Debunked

The Federal Fair Labor Standards Act (FLSA) requires that employers pay all non-exempt employees at a rate of at least one and one half times their regular rate of pay for each hour worked over 40 hours in a workweek.  While this may seem straight forward, there are many misconceptions regarding when overtime is to be paid and to which employees.  Below is a list of five of the top myths associated with overtime pay.  Continue reading

Can We Require Our Employees to Have Flu Shots?

drugs-20250_1920Now that flu season is upon us many employers question whether they can require their employees to have a flu shot. As a simple answer, yes, generally employers can require their employees to have a flu shot unless the employee has a religious objection or cannot receive the vaccine due to a disability.  There are a number of factors an employer may want to take into consideration before requiring the flu shot for all employees. Continue reading

The Family and Medical Leave Act

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.

Covered Employers

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.

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Rules for Final Paycheck Vary by State

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

Clarification on the “Day of Rest” Requirement for California Employers

Employees in California must receive at least one day off per week (“day of rest”) under California labor law.  This is not a new requirement, however the California Supreme Court recently clarified how the “day of rest” rule applies.

The court stated that employers must allow a day of rest in each workweek. The workweek is defined by each employer, generally in the Employee Handbook. The rule doesn’t indicate that the employee receives at least one day off in any seven day period. So, for example, if an employer has a workweek defined as Sunday through Saturday, an employee could have Tuesday off one week and then Friday off the following week. This means the employee would be working nine days in a row, but the employer is still in compliance with the day of rest requirement because the employee is getting one day off in each workweek.  Continue reading