Many businesses find themselves having to conduct workplace investigations for many different reasons—from harassment to conduct-related issues. Knowing how to conduct a thorough investigation is key for reducing the amount of liability to which employers expose themselves. In this two-part series, we will explore the best practices for conducting a workplace investigation. In this first installment, we will talk about some of the things that an employer should know ahead of time, before an actual complaint necessitating an investigation is made. Understand the goal of the investigation. Before conducting an internal workplace investigation, it is important to determine the purpose
Washington Effective February 1, 2016, private employers located in the city of Tacoma with more than one employee must provide one hour of paid sick leave for every 40 hours worked, up to 24 in a calendar year. Employees who work in the city for 80 hours or more in a calendar year are entitled to PSL [Ordinance No. 28275, L. 2015].
Although workplace bullying may be a new concern for some employers, others are all too familiar with its perils. Before we discuss facts of bullying, let’s look at its role in the workplace today. While bullying is not only a company culture issue, it is also a major liability concern for employers. Several states have litigation pending that would make bullying unlawful; California leads the way with its recent passage of A.B. 2053. This Assembly Bill requires covered employers to include prevention of “abusive conduct” in their mandated harassment prevention programs for supervisors. We expect to see many states follow California’s lead in the coming years, so while prev
The IRS recently issued a notice that provides transitional relief to small employers who provide reimbursements for their employees to purchase individual health insurance on the marketplace. With that relief, however, the IRS also clarified that the new interpretation disallowing reimbursements is broader than many realized. Background For the last 50 years or so, based on IRS guidance, employers who did not want to provide group health insurance to their employees had the option of reimbursing the employee for the cost of purchasing an individual plan. Most employers did this by setting up Employer Payment Plans (EPPs), such as FSAs, which allowed these amounts to be reimbursed on a pre-
The IRS has issued a notice describing the rules for filing Form 8922, Third-Party Sick Pay Recap, an annual form filed with the IRS that replaces third-party sick pay recaps that were filed with the SSA. Form 8922 must be used by third parties and employers to report total payments of certain sick pay paid by third parties on or after January 1, 2014. In situations in which the liability for the Federal Insurance Contributions Act (FICA) taxes on the sick pay is split between the employer and the third party under applicable regulations, Form 8922 must be used for filing “third-party sick pay recaps” to reconcile the reporting of sick pay paid by a third party on behalf of employe
The federal Family and Medical Leave Act (FMLA) is one of several centerpiece employment laws requiring regular attention and administration for employers with 50 or more employees. Employers with less than 50 employees, who are not covered by federal FMLA, should also be aware of best practices for leave of absence requests. Undoubtedly the FMLA has seen its share of changes over the years, but it is clear the law is here to stay. A review of a few key areas can bring an employer a long way toward improved compliance. Ensure You Have Effective State Law Coordination. Many states have their own version of FMLA and, like other laws, employers are required to assure the most generous
Pennsylvania Effective May 13, 2015, employers with 10 or more employees in the city of Philadelphia will be required to provide one hour of PSL for every 40 hours worked in the city, up to 40 hours in a year. Note that employees who work fewer than 40 hours in a year in the city are entitled to unpaid sick leave. A chain establishment is required to provide PSL regardless of the number of employees in that establishment. A chain establishment is defined as an establishment doing business under the same trade name used by 15 or more establishments, regardless of where the others are located. Independent contractors, seasonal workers, adjunct professors, employees hired for a team of
Effective July 1, 2015, certain employers will be required to provide employees in the city of Eugene with one hour of PSL for every 30 hours worked in the city, up to 40 hours in a year. The law applies to all employers operating in the city limits, and also to employers with employees who perform work within the city. Independent contractors, certain railroad workers, volunteers, construction industry workers covered by a collective bargaining agreement, and government employees are not covered by the ordinance [Ordinance No. 20537, L. 2014].
Online Payroll Services: What They Are And Why You Need Them As a business owner, you are responsible for…well…everything. No matter what the size and scope of your corporate operations, as the organization's leader, tasks both large and small will fall to you to ensure that everything in your company continues to run smoothly and without interruption. While there are many responsibilities that you must tend to, it's important to designate tasks that can be outsourced for the betterment of your business. One key solution that business owners in every industry can utilize: Online payroll services. Understanding The Benefits Of Online Payroll Services Online payroll services offer an auto
Wisconsin The U.S. Department of Labor's Wage and Hour Division (WHD) and the state Department of Workforce Development have signed a memorandum of understanding to reduce the misclassification of employees as independent contractors. The agencies will work together to prevent, detect, and remedy employee misclassification. The WHD has similar agreements with 18 other states.