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* Jeffry D. Proul, Registered Representative of LifeMark Securities Corp., 400 West Metro Financial Center, Rochester, NY 14623 (585) 424-5672 Member NASD/SIPC Vital Signs Insurance Services, Inc. is not affiliated with LifeMark Securities Corp. CONFIDENTIALITY NOTICE: Communications are Confidential Information of LifeMark Securities Corp. and may also be privileged.

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Rumor About An Employee Out On FMLA

By |July 18th, 2018|

Do New Positions Have To Be Posted To All Employees

By |July 5th, 2018|

Question:
We want to promote an employee to a new position we’re creating. Do we need to give other potential candidates the chance to apply as well?

Answer from Marisa, PHR:

Generally, no. Only federal contractors are required to post open positions, so you can offer the employee the job without posting it for potential external or […]

Monthly Tips, Trends and HR Practices

By |July 2nd, 2018|

We’re excited to present to you the July 2018 edition of the HR Advisor Newsletter. Our topics for this month are the fundamentals of performance management, the steps to evaluating your culture, and the reason why you shouldn’t keep all employee information in the same place. Thank you for reading!
The Fundamentals of Performance Management
There’s a […]

Do we have to pay for time related to workers’ compensation?

By |June 27th, 2018|

Q. Do we have to pay for time spent at appointments related to workers’ compensation?

Answer from Monica, SPHR, SHRM-CP:

In general, an employer is only obligated to pay an employee if they are seeking medical attention during work time at your direction. According to Department of Labor regulations, “time spent by an employee in waiting for […]

Federal Law Alert | OSHA

By |June 27th, 2018|

OSHA Reporting Due July 1, Including From State Plan Employers
OSHA-covered employers with 250 or more employees, and those in certain high-risk industries with 20-249 employees, must electronically report their Calendar Year 2017 Form 300A data by July 1, 2018. Reporting must be done through the online Injury Tracking Application (ITA). Covered establishments with 250 or […]

Performance Improvement Plan VS A Disciplinary Action Notice

By |June 14th, 2018|

An Employee Can’t Work The Agreed Upon Hours

By |May 16th, 2018|

Question:
We hired an employee about a month ago, and at the time of hire they said they could work weekends. Now they say that they can’t work weekends. What should we do?

Answer from Celine, SHRM-CP:

It depends. In general, if an employee is unable or unwilling to work the hours they had originally agreed to […]

Employee Working At Two Locations With Different Titles

By |May 9th, 2018|

Question:
We have an hourly employee who will be working at two different locations and under two titles, 25 hours at one location and 25 hours at the other. Will he need to be paid overtime?

Answer from Kara, JD, SPHR:

Yes. Titles, job duties, and locations are irrelevant—focus only on the total number of hours worked by […]

When Is An Independent Contractor An Employee

By |May 3rd, 2018|

California Law Alert
May 3rd, 2018

New Independent Contractor Test for California Employers
The California Supreme Court has adopted a new, tougher legal standard for determining whether a worker is an independent contractor or an employee. Previously, the state followed a multi-factor balancing test that looked at the level of control held by the employer as well as […]

FLSA Amended to Allow FLSA Amended to Allow Tip Pooling

By |May 1st, 2018|

FLSA Amended to Allow Tip Pooling if No Tip Credit is Taken
The rules around tip pooling have been mired in litigation since 2011, when regulations came into effect that forbid tip pooling between employees who customarily receive tips and those who do not. The recently passed federal budget bill has created clarity by amending the […]