Legal Corner – November 2013

Legal Corner – November 2013

By , SPHR CCP, Director of HR Services, Trupp HR.

Welcome to the Trupp HR Legal Corner designed to keep small business employers informed of critical employment legislation and case law.

Employment Law Updates | Trupp HR Employers’ rights during OSHA inspections
While it may not feel like it during an inspection, employers have many rights before, during, and after OSHA inspections. Knowing these ahead of time will help you protect your rights during an inspection.

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The cost of payroll cards – Are they worth it as an employer?
Payroll cards offer benefits to employees without a bank account that are helpful to both the employee and employers alike. But they bring with them a number of fees and regulations that vary from state-to-state.

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What exactly classifies a “hostile work environment?”
The term “hostile environment” has become a general term to complain about any annoyance in the workplace, yet it really has a vert specific definition. It is important to investigate whether a reported complaint falls under Title VII of the federal and state anti-discrimination laws when reviewing a hostile work environment claim.

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New requirements affecting medical plans beginning in 2014
The Internal Revenue Service and the Department of Labor have issued helpful documents that offer guidance for understanding the ever-evolving requirements of the new health care reform requirements.

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The Federal Department of Labor will be increasing audits of FMLA procedures – Make sure you are prepared.
During a recent conference, the Department of Labor’s (DOL) enforcement division announced its plans to use increased budget for on-site investigations, primarily focused on the Family and Medical Leave Act (FMLA). The details of this act have presented challenges for many organizations.

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General rule for reporting adverse information on a background check
The Fair Credit Report Act (FCRA) allows non-conviction criminal information to be reported up to 7 years. It is important to know when this time clock starts. A recent brief filed by the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) clarifies this.

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Risks of employer liability under the Federal Stored Communication Act when it comes to Facebook “snooping”
Facebook postings by employees have continued to become a major factor in employment discrimination lawsuits. Though such posts can give strong evidence in these situations, there is a high risk of violating the Federal Stored Communication Act (SCA) for employers who actively solicit Facebook friends disclosing this information.

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