Author Archives: pmphrblog

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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Heads Up New York! Here are the 2019 Minimum Wage and Overtime Salary Threshold Increases

The New York State Budget provides that the minimum wage rates and overtime salary thresholds will increase under a phased-in schedule based on the employer’s location in the state.  Unlike most other states, New York has one of the most complicated minimum wage rate structures.  Not only does New York set a minimum wage rate, […]

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What Employers Need to Know About Medical Marijuana and The Workplace

As of today, eight states and the District of Columbia have decriminalized or legalized the use of recreational marijuana, and 30 states have adopted measures to legalize medical marijuana use.  Prior to the legalization of marijuana in some states, employers could simply terminate employment for employees or rescind job offers from prospective employees if they […]

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Cocktails & Co-Workers: 10 Helpful Hints to Avoid Disaster at This Year’s Company Holiday Party

With the holidays just around the corner, many employers plan to host a holiday party.  Holiday parties are a great way to show appreciation for employees, enhance teamwork, and allow employees to form a different type of bond aside from what they do on a day-to-day basis in the 9-to-5 world.  Whereas these events intend […]

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