Personnel Policies

NEW YORK CITY’S NEW PAYCHECK FAIRNESS ACT

A new New York City law, set to go into effect in October, 2017, will bar employers within the five boroughs from asking job candidates about their salary history. The law is meant to address the issue of pay inequality between men and women, as well as wage discrimination against minorities.  In 2015, women earned …

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NEW YORK CITY’S NEW FAIR CHANCE ACT

New York City’s Fair Chance Act went into effect on October 27, 2015.  It is now illegal for most NYC employers to deny employment based on an applicant’s criminal record. This law bans ads specifying things like “no felonies” or “background check required”, and further prohibits questions about criminal history on job applications and during …

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THE WAGE AND HOUR PERILS OF OFF-HOURS SMARTPHONE USE

“Implicit compulsion” In the last several years, the courts have seen a flood of lawsuits in which groups of employees claim the time they spend reading and responding to e-mail should be considered work time and therefore paid.  In many cases, they’re successful. Employees are often are expected to check their e-mail, and it’s not …

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COMBATING THE HIGH COST OF ABSENTEEISM

Unscheduled absenteeism costs American businesses billions of dollars every year, according to the U.S. Bureau of Labor Statistics (BLS). There are myriad potential costs to take into account, including:  Overtime; Paid Sick Days; Use of temporary or “relief/reserve” employees; Reduced productivity; Poor quality of goods or services resulting from replacement workers’ inexperience or fatigue; Administrative costs associated …

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TEN TIPS IN DEALING WITH THE FAMILY AND MEDICAL LEAVE ACT

The Family and Medical Leave Act (FMLA) can be one of the most daunting employment laws an employer has to deal with.  There are very specific rules and procedures that must be followed to ensure that both employee and employer are protected.  Here are ten tips to assist you in complying with your obligations under the law: …

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PENALTIES FOR IMMIGRATION NONCOMPLIANCE

For companies still wondering whether spending a little now to implement a solid immigration compliance program is a sound investment, some recent immigration-related penalties provide compelling reasons to invest in training and compliance. Remember—all employers have immigration-related compliance obligations regardless of whether they employ any foreign nationals.  Even simply falling short on one’s obligation to verify …

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TOP TIPS IN HANDLING SUBSTANCE ABUSE IN THE WORKPLACE

There is clear agreement that substance abuse—whether it’s alcohol, prescription drugs, or illegal drugs—adversely affects employers and their businesses. Some estimate the loss of productivity for U.S. employers has been as much as $200 billion annually! General concerns for safety at work, injuries on the job, theft, loss of employee morale, and costs related to absenteeism, recruiting, training, …

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MOBILE DEVICES AND OVERTIME

Under the federal Fair Labor Standards Act (FLSA), nonexempt employees must be paid overtime compensation for work they perform for their employer’s benefit in excess of forty (40) hours in any workweek. Work performed remotely, such as responding to e-mails on a smartphone or drafting a report on a laptop at home, could push an employee’s work hours …

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SMOKING BANNED AT NEW YORK HOSPITALS AND RESIDENTIAL HEALTHCARE FACILITIES

A law which went into effect on October 29, 2013 means employees of New York hospitals and residential healthcare facilities may not smoke anywhere on the grounds or within fifteen (15) feet of any entrance or exit to a building or the grounds of such facilities. The law allows a narrow exception for patients of …

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