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fractional HR services to small/mid market companies. We customize specific affordable solutions to meet each companies needs. While you are busy running the business and managing a workforce, our team will support your HR needs, keep you in compliance and share new trends and solutions. Let's get started today.
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IRS Sets Reimbursement Rate for Mileage
Rate will adjust down in 2016
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Washington DC -
Beginning on Jan. 1, 2016, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:
- 54 cents per mile for business miles driven, down from 57.5 cents for 2015
- 19 cents per mile driven for medical or moving purposes, down from 23 cents for 2015
- 14 cents per mile driven in service of charitable organizations
The business mileage rate decreased 3.5 cents per mile and the medical, and moving expense rates decrease 4 cents per mile from the 2015 rates. The charitable rate is based on statute.
Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.
Read more.
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| Florida non-discrimination poster updated
Pregnancy discrimination protection added in August 2015
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After Florida law was updated to add pregnancy discrimination to the list of discrimination protected under Florida statute, the Florida Commission on Human Rights updated the mandatory poster. Don't pay for an expensive poster update service - get your newest version from the State of Florida for FREE.
Download here.
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| New DOT medical exam forms required by April 20
Begin using new forms for documenting driver medical exams
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The Federal Motor Carrier Safety Administration (FMCSA) is now giving motor carriers and medical examiners until April 20, 2016, to begin using new forms for documenting drivers' medical exams. Medical Examiner's Certificate MCSA-5876 (click for copy).
New versions of the Medical Examination Report Form and Medical Examiner's Certificate were announced on April 23, 2015, and were to be used beginning December 22, 2015, for all commercial driver medical exams
. Also, CDL holders will no longer receive paper medical exam cards after June 2018.
Read more from JJ Keller.
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| Post offer medical exams challenged by EEOC
Asking for family medical history violated GINA, lawsuit brought
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Joy Underground Mining LLC, (Joy Mining Machinery) will settle a lawsuit with the EEOC over the allegations of genetic information discrimination under a federal law called GINA - genetic information non-discrimination act. What did they do wrong? After making conditional employment offers, the company required that applicants undergo a post offer medical examination. It was alleged that the company requested family medical history on its pre-placement physical form asking applicants if they had a family medical history for "TB, cancer, diabetes, epilepsy and heart disease." Lesson - asking for family medical history violates GINA. Read more.
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OSHA 300A Log Summary reminder - posting soon
Review and confirm cases, complete logs for Feb 1st posting
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All employers required to maintain the Occupational Safety and Health Administration's 300 Logs for workplace injuries and illnesses must post their annual summary by February 1, 2016, utilizing the annual summary form (form 300A). The form is available for downloading from the OSHA website. Note that even if you have no recordable injury or illness, you must still complete your 300 logs and post the 300A summary.
Need assistance completing your OSHA 300A log for 2015? Call us today!
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FMLA Requirements still apply when STD involved
Notice requirements should be followed, to avoid potential liability
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When an employee's request for a medical leave may qualify for both unpaid leave under the Family and Medical Leave Act ("FMLA") and compensation under an employer's Short Term Disability ("STD") plan or policy, it can be tempting to allow the STD process to drive the administration of the leave. After all, a reduction in paperwork is always welcome, and the employer is permitted to rely on information received through the STD process when determining whether the employee is entitled to FMLA leave and measure their impact on the bottom line.
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"Legitimate business interests" and non-completes
Former customers and ordinary competition are not protectable interests
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Florida Statutes permit enforcement of contracts that restrict or prohibit competition, but only 'so long as such contracts are reasonable in time,area, and line of business. Florida l
aw also requires "that the restrictive covenant be set forth in a writing signed by the person against whom enforcement is sought, and that the restraint be shown to be reasonably necessary to protect the 'legitimate business interests' justifying the restriction. Two situations are generally not protected: (1) former customers, unless there is an agreement to show they would return to active status; and (2) prevention of ordinary competition.
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Sample HR form - Social Media policy
More employers are adding social media guidance to Handbooks
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Are your employees posting online? Using social media to discuss work and your business? Should you provide guidance to employees about the type of online activity that is prohibited or discouraged? If yes to these questions, consider adding a social media policy to the Employee Handbook. But, be careful.... employee policies must also respect employee rights under the National Labor Relations Act (NLRA) (even at non-union worksites!).
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Thank you for reading our HR newsletter. We strive to provide you with trending information to prevent costly HR mistakes, deliver better HR results and improve employee satisfaction and engagement.
Sincerely,
Stuart Charlson, JD
HR for Business - ConsultStu, LLC
Fractional HR Services for Growing Businesses
Advisor on "Unbundling" HR services
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Disclaimer/Reminder
This newsletter does not constitute legal advice or legal services, and is solely provided for informational purposes only.
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