Author Archives: pmphrblog

U.S. Department of Labor Releases New Proposal for Rule On Overtime

The United States Department of Labor (DOL) announced on March 7, 2019 a new proposed rule that could potentially make more than a million American workers eligible for overtime. The DOL’s proposed rule seeks to raise the annual minimum salary requirements under the Fair Labor Standards Act (FLSA) overtime exemptions from the current level of […]

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How to Develop a Compliant Criminal Background Check HR Policy

Any employer that conducts criminal background checks throughout their hiring process should create and implement a criminal background check policy.  This policy will enable your Human Resources department to be consistent when making hiring decisions and will ensure all screening procedures comply with any local, state or federal employment laws.  When hiring and screening is […]

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Downsizing? How to Salvage Your Company’s Morale During & After Layoffs

Most managers will tell you that one of the most difficult tasks they have to do is to layoff employees when the company is reorganizing or downsizing.  Layoffs are often the result of positions being eliminated merely to reduce costs.  The truth is that there is no easy way for a manger to deliver the […]

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NLRB Returns to Employer Friendly Independent Contractor Test

On January 25, 2019, the National Labor Relations Board (“Board”) chose to overturn an Obama-era Board decision that made it easier for workers to be classified as employees, rather than independent workers. The Board’s recent decision in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019), greatly broadens the independent contractor test under the National Labor […]

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Tips for Dealing with Workplace Conflicts

Unfortunately, disputes between employees are inevitable. At some point or another, the differences in employees’ personalities, moods, opinions or lifestyles will lead to disagreement and conflict. The resulting discord in the workplace ultimately affects everyone in the office. Not only does the unwanted tension make the workplace environment uncomfortable, but it can negatively affect your […]

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How Management Can Address Personal Hygiene Issues In The Workplace

There are few situations that are as uncomfortable for an employer or manager to deal with than an employee’s personal hygiene issues. However, although the topic is uncomfortable to address it is important for employers to know how to appropriately respond when presented with these situations. Not only can an employee’s poor hygiene negatively impact […]

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Proposed Predictive Scheduling Regulations For New York

The New York State Department of Labor (“NYSDOL”) has recently issued new proposed regulations which impose additional requirements for “on-call” or “call-in” scheduling for employees. The new revised language was the NYSDOL’s response to public comments after the NYSDOL published its initial proposed regulations in November 2017. The present version of the proposed regulations now […]

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I-9 Audits: An Employer’s Best Defense is a Good Offense

In 2018, the Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security (DHS) nearly quadrupled the number of I-9 audits and investigations it conducted in 2017.  It should come as no surprise to employers that the government will continue to heavily focus on immigration issues, including enforcement activities aimed towards businesses such […]

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When Inclement Weather Strikes: How to Pay Your Employees

Q:  Must a company pay an hourly, non-exempt employee for the day(s) when the business was closed due to inclement weather? A: The general rule for non-exempt employees is to pay only for time worked – this is true under federal and state law.  A company may require the hourly non-exempt employee to use vacation […]

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New York’s Suffolk County Imposes Salary History Ban

In an effort to narrow the pay gap that exists between men and women, Suffolk County is the most recent locality in New York State to prohibit employers from asking job applicants about their salary history.  Suffolk County now joins New York City, Albany County, and Westchester County in adopting legislation that bans employers from […]

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