Tag Archives: Human Resources

HR Professionals Beware: You May Be Personally Liable for the Unlawful Termination of an Employee!

In a recent decision that may come as a shock to human resources professionals, the Second Circuit Court of Appeals found that an HR director can be held liable for the unlawful termination of an employee under the Family and Medical Leave Act. Yes, you read that correctly:  an individual HR director can be found […]

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

Not only do holiday parties hosted by employers demonstrate appreciation of employees, they also keep tradition alive and boost company morale.  However, every large gathering brings attendant risks and concerns.  Several employee-related lawsuits suggest potential dangers and ways employers should protect themselves.  PMP calls the holiday season our “busy season” because clients call with concerns […]

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ACA Reporting for 2016

Under the Affordable Care Act, all employers are required to submit reporting forms to both employees and the Internal Revenue Service. These forms will reflect the employer’s compliance with health care reform’s “shared responsibility” mandate to provide affordable health coverage to its employees. The exact forms depend on the number of employees in your company. […]

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Did You “Fire” or “Constructively Discharge”?

Under federal law, a “constructive discharge” occurs when the employer deliberately makes working conditions so intolerable that a reasonable person in the employee’s position will feel compelled to resign. Intolerable can be a sliding scale when it comes to environment. If an employee quits because of a petty change in the job duties, or because […]

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Legislative Limitations on Employers Use of Credit Information of Employees and Applicants in New York City

On September 3, 2015, the “Stop Credit Discrimination in Employment Act” went into effect. The law permits employers to only request and consider the consumer credit history information of applicants and employees in certain, limited circumstances, as well as in response to any lawful subpoena, court order or law enforcement investigation. The purpose of the […]

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ACA Reporting for 2016

Under the Affordable Care Act, all employers are required to submit reporting forms to both employees and the Internal Revenue Service. These forms will reflect the employer’s compliance with health care reform’s “shared responsibility” mandate to provide affordable health coverage to its employees. The exact forms depend on the number of employees in your company. […]

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Another Year of Change for Employers: What You Need to Know About 2014

Another year, another set of regulations for employers and human resources professionals to learn and implement in their workplace. With 2014 on the horizon, Portnoy, Messinger, Pearl & Associates, Inc. wants to update you on what’s changing in the New Year, so your company and staff can be in full compliance under the latest federal, […]

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New York State Announces Upcoming Implementation of Tax Credit for Employers Hiring Post-9/11 Veterans

On November 11, 2013, Governor Andrew M. Cuomo announced the beginning of a promotional effort by New York State’s Division of Veterans’ Affairs to highlight a $74 million tax credit encouraging employers to hire New York’s post-9/11 veterans who are currently not employed. The highlights of the tax credit are as follows: New York State […]

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Unemployment Insurance Reform for Claimants

On March 29, 2013, Governor Cuomo signed legislation reforming the Unemployment Insurance system. Beginning October 6, 2014, the New York State minimum weekly benefit rate will increase from $64 to $100, and the maximum benefit will increase from $405 to $420 and will continue to increase each year thereafter. The Department of Labor is charged […]

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Court Rules No Religious Discrimination Without Accommodation Request

An employer’s failure to hire a Muslim woman who showed up to her job interview wearing a headscarf was ruled not religious discrimination under Title VII of the Civil Rights Act of 1964, because the applicant never requested religious accommodation, thus failing to provide the notice element for a claim. The Muslim woman filed a […]

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