Consultstu LLC provides
fractional HR support to small/mid businesses. We develop and deliver customized solutions to meet each companies' budget and needs. Our team will support your HR needs, keep you in compliance and share new trends and solutions. Stay up to date with the latest HR, risk management, safety, recruiting and benefit news.
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Florida Supreme Court rejects WC atty fee statute
NCCI says the decision will have a major impact on FL WC system
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TALLAHASSEE -
In a major victory for injured workers and stinging defeat for businesses, the Florida Supreme Court on Thursday struck down a law limiting attorney's fees in workers' compensation cases. A Miami man's attorney was only awarded $164.54 under the current system.
The 5-2 ruling is a setback for business groups who say legal fees drive up the cost of workers' compensation insurance and threaten Florida's economy and they must seek help from a reliably pro-business Legislature. The court directs the use of a "reasonable" attorney fees standard to replace the reasonable prevailing party attorney fee statute designed by the Legislature.
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New FMLA Poster and Employer's Guide, April 2016
Conspicuously Post for Employees (for companies with 50+ employees)
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Washington DC - (4/26/16) The U.S. Department of Labor (DOL) has released an updated version of the "Employee Rights Under the [Federal] Family and Medical Leave Act"Poster (often referred to as the "General FMLA Notice"), along with a new Employer's Guide to help employers comply with the law. A poster must be displayed at all locations even if there are no employees eligible for FMLA leave. If a covered employer has any eligible employees, it must also provide the general notice to each employee by including it in employee handbooks.
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| Beware: Don't ask too many questions about FMLA
Health care facilities asked personal questions, beyond scope of illness
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LITTLE ROCK, AR - At
Mercy Hospital Fort Smith facility, the United States Department of Labor was found violations of the Family and Medical Leave Act based on the process the organization had for employees requesting leave. Mercy required that their employees' medical certifications for leave include answers to intrusive and personal questions, well beyond the scope of what is allowed by law. For instance, Mercy asked for health information outside the scope of the illness listed on the leave request and the name of the medication prescribed.
Tip: Ask only for.the information authorized on the published DOL forms,
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| Employers Boosting Wages to Retain Talent
ADP Vitality Q1 Report Shows Wages Accelerating
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The U.S. labor market demonstrated its improvement in the first quarter of 2016 with faster wage growth, according to the latest quarterly (Q1) report by the ADP Research Institute. Rising wage growth was evident in almost all industries and in all age groups among full-time workers. Employers appear to be reacting to a tightening labor market by
boosting wages to retain talent. The growth increased by 0.8 percentage points from last quarter on a year-over-year basis, A broad base of industries experienced strong wage acceleration (but construction and hospitality are leading the way).
Read the report.
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Defend Trade Secrets Act - new federal law coming
First time federalizing a civil right of action for employers
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When enacted, the DTSA will for the first time federalize a civil right of action for employers, contractors and companies who pursue trade secret misappropriation claims. The statute will at long last bring this category of intellectual property into the already federalized arenas of copyright, trademark and patent claims. One unique feature of the new law is ex parte civil seizure - courts will be able to issue an order providing for seizure by law enforcement officials of property necessary to prevent the propagation or dissemination of the trade secret at issue in the action.
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Alcohol related work accident - OSHA recordable?
Letter of Interpretation says "yes" because exemption not applicable
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OSHA's regulation at Section 1904.5(b)(2)(vi) states "You are not required to record injuries and illnesses if the injury or illness is solely the result of personal grooming, self-medication for a non-work-related condition, or is intentionally self-inflicted." Under this exception, an employee's negative reactions to a medication brought from home to treat a non-work-related condition would not be considered a work-related illness, even though it first manifested at work. However, OSHA experts concluded that drinking alcohol does not treat alcoholism - so the exceptions above does not apply.
Read OSHA's Letter of Interpretation (3/21/2016).
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Sample HR form - Screening Disclosure & Consent
Fair Credit Reporting Act requires careful compliance & process
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If your company conducts criminal background checks (or MVR checks), make sure you are following the requirements of the Fair Credit Reporting Act (FCRA). A potential employer is required to have a written disclose to applicants and also a separate consent form. Also remember that if the screening excludes the candidate, use the Pre-Adverse and Adverse action letters.
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Thank you for reading our HR newsletter. We strive to provide you with trending information to assist with compliance, prevent costly HR mistakes, control HR cost and improve overall employee satisfaction with HR and safety.
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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