Legal Corner – May 2017

Welcome to the Trüpp Legal Corner designed to keep business leaders informed of critical employment legislation and case law. IRS establishes 2018 HSA contribution limits The annual contribution to health savings accounts (HSAs) will rise $50 for self-only coverage and $150 for family coverage. Learn More >> Comp time bill advances to senate The U.S. […]

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The trend of banning salary history questions continues

By Calvin Gower, Marketing Coordinator, Trüpp. Whether it should be legal to ask job applicants about their salary history remains a hot topic of debate in today’s labor market. Since we posted our article, Should it be illegal to ask about an applicant’s salary history, which provides details about proposed pay equity laws and their […]

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Legal Corner – April 2017

Welcome to the Trüpp Legal Corner designed to keep business leaders informed of critical employment legislation and case law. Risks of asking applicants for W-2 Forms Employment attorneys caution against employers asking job applicants for a copy of their W-2 form to verify employment and compensation. While this practice may seem practical in some situations, […]

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Oregon Considering “Predictive Scheduling” Law

Oregon legislators are considering a predictive scheduling law that would require employers to pay employees for up to four hours of unworked time if their shift is cancelled or shortened. This proposed law follows Seattle’s Secure Scheduling ordinance and is also similar to the ordinances and laws that San Francisco and New York have in […]

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Legal Corner – January 2017

Welcome to the Trüpp Legal Corner designed to keep business leaders informed of critical employment legislation and case law. DOL requests extension on overtime rule appeal The Department of Labor has asked for an extension of time to allow “incoming leadership personnel adequate time to consider the issues”, as Trump’s nominee for Secretary of Labor […]

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EEOC issues guidance with focus on mental health

As part of its’ series of “resource” documents, the EEOC has recently released guidance for medical conditions and work restrictions of employees. This latest piece is titled “Depression, PTSD, and Other Mental Health Conditions in the Workplace: Your Legal Rights.” The intention of this document is to provide a related platform of guidance under the […]

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New trends aimed to protect workers

States and localities across the country are continuing to push forward with measures aimed at protecting workers. As more and more local and state sick-leave and ban-the-box regulations go into effect, states and municipalities are now starting to focus on wage equality, stricter controls for employee scheduling, independent contractor protections, and paid parental leave. Wage […]

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Legal Corner – November 2016

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. Federal judge puts temporary injunction on overtime rule With just 10 days left before the implementation of the new overtime rule, a federal judge in Texas puts it on hold. This surprising decision is applicable […]

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Federal judge makes last minute decision to pause overtime rule

By Christine Thelen, Director of HR Services, Trupp HR. With 10 days left before the December 1 implementation deadline, a federal judge unexpectedly placed a hold on the new overtime rule. You’ve been granted a reprieve A Texas federal court issued a temporary injunction delaying the implementation of the new FLSA regulations that raise the salary […]

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New Form I-9 has been published

The new Form I-9 has been released by the U.S. Citizenship and Immigration Services (USCIS) as of November 14, 2016 and will be valid through August 31, 2019. Use of the new form will be required starting January 21, 2017. Once the January deadline has passed, previous versions will be invalid for new hires, re-hires, […]

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Should it be illegal to ask about an applicant’s salary history?

By Jean Roque, President, Trupp HR. Many think so. On September 14, 2016—just over a month after Massachusetts passed an equal-pay law that prohibits employers from asking about salary histories during the job interview process—the Pay Equity for All Act of 2016 has been proposed. This bill would amend the Fair Labor Standards Act to make […]

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Legal Corner – October 2016

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. FLSA proposals arise to phase in overtime rule A number of delay or phase-in proposals for the overtime rule have gained momentum in Congress. Many believe that the phase-in bills’ fate may depend on the […]

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Legal Corner – September 2016

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. Current Form I-9 will expire Jan. 21, 2017 The U.S. Citizenship and Immigration Services (USCIS) has announced that the new version of the Form 1-9 will become available by November 22, 2016. The changes to […]

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Politics may or may not lead to business as usual

With the presidential race heating up, the focus of each candidate on workplace priorities are in the spotlight. Hillary Clinton has made a number of promises regarding employment law during her campaign, with more of a focus on keeping workplace policy moving in the same direction. On the other hand, Trump has taken positions on […]

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Legal Corner – August 2016

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. California proposes a more in depth version of the “ban-the-box” measure California Fair Employment and Housing Council (FEHC) proposes regulations that would prohibit employers from using criminal background reports if members of a particular race […]

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Legal Corner – July 2016

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. Classifying employees as exempt vs. non-exempt more complicated than most realize Even with the vast amount of news coverage of the new FLSA rules, overtime exemptions are still broadly misunderstood. When it comes to classifying workers as exempt, […]

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Legal Corner – June 2016

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. Laying off employees for inability to speak English may be discriminatory While it is recognized by the courts that the ability to speak English can be a justifiable job requirement, employers must be careful when […]

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Understanding the salary ripple effect of new overtime rules

By Jean Roque, President, Trupp HR. As most employers are aware, the final regulations regarding overtime exemptions under the Fair Labor Standards Act (FLSA) have been released by the Department of Labor (DOL). The bottom line of the new ruling is that the minimum salary requirement for non-exempt status has been raised significantly–from $23,660 to $47,476 and […]

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Legal Corner – May 2016

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. Final rule released regarding FLSA overtime regulations With the new overtime rule coming into effect, there are major changes for employers to prepare for. Learn More >> 2017 HSA contribution limits have been set The IRS has provided the updated […]

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Final Rule Released Regarding FLSA Overtime Regulations

By Christine Thelen, Director of HR Services, Trupp HR. The long awaited final regulations regarding overtime exemptions under the Fair Labor Standards Act (FLSA) have been released by the Department of Labor (DOL). As expected, the biggest change is an increase to the salary threshold for exempt employees.  Exempt employees must earn at least $47,476 per year […]

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Legal Corner – April 2016

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. Potential impacts of proposed updates to overtime rule Critics of the proposed changes to the overtime regulation speculate that employers may look to reduce base salaries, reduce overall compensation, and replace current workers with machines or higher-skilled workers. […]

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Legal Corner – March 2016

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. NLRB supports employee rights to record conversations The National Labor Relations Board (NLRB) has actively prohibited employers from enforcing no-recording policies, causing businesses to look for specific situations where this may be allowed. Learn More […]

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Oregon’s One-of-a-Kind Minimum Wage Increase

The State of Oregon will be introducing a minimum wage increase unlike any other state, beginning July 1, 2016. This multi-tiered system will be divided into three geographical regions with corresponding wage rates and increase schedules.This involves an overall state increase, accompanied by an increase for the Portland Urban Growth Boundary (UGB) tier and two […]

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Legal Corner – February 2016

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. Proposed overtime rule release date still up in the air The release date of the Department of Labor’s proposed overtime rule remains uncertain; however, employers should consider how they might accommodate the salary threshold increase since there […]

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Legal Corner – January 2016

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. Proposed rule increases job flexibility for foreign workers A new proposed rule would protect workers with green card petitions through job changes, establish a longer grace period for those who lost jobs, clarify H-1B status […]

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Preparing for 2016 Employment Law Changes

By Jean Roque, President, Trupp HR. There are a number of changes anticipated or scheduled to take place in 2016 which will impact employers both small and large. Employers need to monitor changes at local, state, and federal levels that will impact their organization in the coming year. Whether preparing for pending regulations or electing to […]

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Legal Corner – November 2015

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. Ban-the-box mandate limited in reach Questions about criminal history has been banned for federal job application forms, however, the use of such questions has not been banned for federal contractors. Learn More >> Update on […]

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Legal Corner – October 2015

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. FMLA case exposes risk of changes in layoff decisions A recent FMLA case addresses an employee who was not restored to her former position upon return from pregnancy leave and later on terminated. This ruling sheds some light on […]

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Legal Corner – August 2015

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law.   State laws that ban access to employees’ social media accounts Employers should be aware of the limits on their ability to monitor employees. In addition to regulation under federal law, there are several states […]

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Legal Corner – July 2015

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed about critical employment legislation and case law. DOL announces overtime expansion proposal The long awaited proposal to update regulations on exempt executive, administrative, professional, and certain other employees has been released be the Department of Labor (DOL). This proposal covers minimum wage and overtime […]

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Oregon Passes Paid Sick Leave Law

On June 12, 2015, Oregon passed legislation that requires the majority of employers with 10 or more employees to give employees up to 40 hours a year of paid sick leave. The new sick leave law applies to full-time and part-time hourly, salaried, commissioned and piece rate employees, and home care employees who receive payment […]

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DOL Announces Overtime Expansion Proposal

The Department of Labor (DOL) has released its long awaited proposal to update regulations exempting executive, administrative, professional, and certain other employees from minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA). The FSLA requires employees be paid time and a half for hours worked over 40 in a week, unless an […]

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Legal Corner – June 2015

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. NLRB orders employer to drop dress code policy A recent dress code case proves that the National Labor Relations Board is looking to help ensure that employees get the benefit of the doubt when dress code […]

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Legal Corner – May 2015

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. Proposed white-collar exemption rule advances to OMB The proposed rule regarding exemption from overtime eligibility has been more than a year in the making. Recently, it has been sent to the Office of Management and Budget (OMB) and […]

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Legal Corner – April 2015

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. PPE & whistle-blower protections addressed by OSHA Two new guiding documents related to temporary workers have been released by the Occupational Safety and Health Administration (OSHA). These documents address the topics of personal protective equipment […]

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Legal Corner – March 2015

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. Discrimination risk when transferring employees Most employers have a duty to accommodate an employee with a disability. Be cautious when transferring that employee to a new position to ensure that it is not perceived as discrimination. Learn More >> […]

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Legal Corner – February 2015

Welcome to the Trupp HR Legal Corner designed to keep business leaders informed of critical employment legislation and case law. 2016 DOL budget requests increased employment services 2016 budget request for the Department of Labor (DOL) includes funding to increase employment services for unemployed workers, more registered apprenticeships, helping those with criminal background find work, […]

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Legal Corner – January 2015

Welcome to the Trupp HR Legal Corner designed to keep small business employers informed of critical employment legislation and case law. February deadline set for new overtime expansion regulations The proposed rule to streamline FLSA regulations for “white collar” employees is now expected to be published by the DOL by the end of February. Learn […]

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Legal Corner – November 2014

Welcome to the Trupp HR Legal Corner designed to keep small business employers informed of critical employment legislation and case law. IRS announces 2015 pension plan limitations The Internal Revenue Service (IRS) has announced the cost-of-living adjustments affecting dollar limitations for retirement related items for the tax year of 2015. Learn More >> Delayed enforcement […]

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Legal Corner – October 2014

Welcome to the Trupp HR Legal Corner designed to keep small business employers informed of critical employment legislation and case law. Domestic violence victims given leave rights A number of states now require private-sector employers to provide unpaid leave to victims of domestic violence. Is your state on the list? Learn More >> OSHA seeks […]

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Legal Corner – September 2014

Welcome to the Trupp HR Legal Corner designed to keep small business employers informed of critical employment legislation and case law. Paid sick leave coordination Paid sick leave ordinances have become an increasing trend enacted in two states, Connecticut and recently California; as well as nine cities including Eugene and Portland, Oregon. Learn More >> […]

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Legal Corner – August 2014

Welcome to the Trupp HR Legal Corner designed to keep small business employers informed of critical employment legislation and case law. Jobs training bill signed into law This new law is designed to help unemployed workers get the skills they need to find jobs by simplifying a very complex system of federal workforce training programs. […]

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LinkedIn takes a $6 million hit for employee pay violations

A U.S. Department of Labor investigation found that 359 former and current employees spanning across multiple LinkedIn office locations had been underpaid due to violations of the overtime and record-keeping provisions of the Fair Labor Standards Act (FLSA). This is a cautionary tale for employers of an easily preventable payroll oversight. Under the US FLSA, […]

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Legal Corner – July 2014

Welcome to the Trupp HR Legal Corner designed to keep small business employers informed of critical employment legislation and case law. DOL proposed rule redefining ‘spouse’ A proposed rule has been issued by the U.S. Department of Labor (DOL) that would change the Family and Medical Leave Act (FMLA) rule’s definition of “spouse”. Spouse would […]

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Eugene, Oregon moving forward with sick leave ordinance

Following in the footsteps of its not-so-distant neighbor to the North (Portland, OR), Eugene is now close to the point of implementing a mandatory sick leave ordinance. A task force for this ordinance, including local business owners, industry representatives, Mayor Piercy, along with three Councilors; recently came together to produce a final report to be […]

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Seattle Raises Minimum Wage to $15 an Hour

The Seattle City Council has approved the implantation of a $15 minimum wage. Washington currently has the highest pay floor of any state at $9.32 an hour, so it is no surprise that the most significant legislation to raise wages has come from its biggest city. Minimum wage increases will be phased in gradually based […]

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Legal Corner – June 2014

Welcome to the Trupp HR Legal Corner designed to keep small business employers informed of critical employment legislation and case law. COBRA diminished by enactment of PPACA The usefulness of COBRA has diminished with the enactment of the Patient Protection and Affordable Care Act (PPACA). At this point there are still circumstances where it proves […]

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Legal Corner – May 2014

Welcome to the Trupp HR Legal Corner designed to keep small business employers informed of critical employment legislation and case law. Higher HSA limits for 2015 The Internal Revenue Service (IRS) has announced higher limits for 2015 on contributions to health savings accounts and for out-of-pocket spending under high-deductible health plans linked to them. Learn […]

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Will PPACA Exchanges Replace COBRA?

On May 2, 2014, the Obama administration proposed regulations to clarify that people leaving a job may choose to purchase health coverage on federal and state marketplaces rather than obtaining it through COBRA. The administration argued that purchasing a private plan on the exchanges may be a cheaper alternative, especially since many of these outgoing […]

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Employment Background Checks: 5 Tips to Protect Your Business

By Christine Thelen, Manager, HR Services, Trupp HR. For many employers, background checks are an essential step in the hiring process.  There are, however, many risks associated with conducting background checks that employers should be aware of when embarking down this path. 1. Understand the regulatory environment Regulatory enforcement and litigation efforts are increasingly focusing […]

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Whitehouse Directs the DOL to Revise Exempt Status Regulations

President Obama has directed the Department of Labor (DOL) to “modernize and streamline” overtime exemption regulations (29 C.F.R. Part 541) that define the scope of exempt status employees under the Fair Labor Standards Act (FSLA). The primary focus of the White House’s directive concentrates on three areas: Increasing the minimum annual salary level from its […]

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Best Practices for Protecting Your Organization When Hiring New Employees

By Christine Thelen, Manager, HR Services, Trupp HR. In our last article, “4 Tips for Preparing a Legally Sound Offer Letter” we covered important considerations when making an employment offer. Here we will discuss four additional practices that can provide further legal protection when hiring new employees. 1. Create an offer letter template. Developing an […]

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