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EMPLOYMENT LAW UPDATE

New rules for wellness programs & marijuana legal in more places

By Mike O’Brien bio Employment law continues to change rapidly with a change in federal government administration and the continuing pandemic. As manager of a medical office, it’s just one more thing to keep up with. Here are a few recent developments.  New rules coming for employer wellness programs On Jan. 7, 2021, the EEOC issued proposed rules related to what incentives employers can offer as part of wellness programs. The new rules come in response to a decision of the U.S. District Court for the District of Columbia that vacated a portion of the EEOC’s previous ADA and GINA regulations. HIPAA allows employers to offer incentives up to 30 percent of the total cost of health insurance to encourage participation in certain types of wellness programs. However, the ADA… . . . read more.

EMPLOYMENT LAW UPDATE

Who’s an independent contractor? DOL explains

By Mike O’Brien bio DOL tries to clarify independent contractor definition The US Department of Labor (DOL) has proposed what it believes is a simplified definition of independent contractor (IC) for purposes of applying wage provisions of the Fair Labor Standards Act (FLSA), which applies only to employees. The new DOL proposal still focuses on the factors of economic reality, but tries to clarify how to apply them. DOL says employers first should focus on two core factors: (1) the nature and degree of the worker’s control over the work and (2) the worker’s opportunity for profit or loss based on initiative and/or investment. If both factors point to either employee status or IC status, that probably is the right classification. If not, DOL says three additional factors must be… . . . read more.

EMPLOYMENT LAW UPDATE

Top 10 questions an employer should ask before returning employees to work

By Mike O’Brien bio As various states and municipalities across the country lift shutdowns and begin easing COVID restrictions, employers are faced with complex questions about safely bringing their employees back to the workplace. We’ve compiled the top 10 questions every employer should consider before returning employees to work.    How do we implement proper infection prevention measures? First, and perhaps foremost, employers should design, implement, communicate, and begin to monitor basic infection prevention measures as they return employees to onsite work. Although a complex task, OSHA and CDC have both published step-by-step instructions for employers on how to implement appropriate infection prevention measures. OSHA has published an employer Guidance on Preparing Workplaces for COVID-19, which outlines the specific steps it believes all employers should take to reduce workers’ risk of exposure… . . . read more.

INSIGHT

Employment Law Update: The New Year’s Resolutions Edition

By Mike O’Brien  bio
A lawyer and doctor were talking together at a New Year’s party when the doctor complained about how people always asked her for free medical advice. She said…


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HUMAN RESOURCES

What you need to know about complying with the FLSA

To be or not to be exempt from overtime pay under the Fair Labor Standards Act (FLSA)? That is the big question, according to…


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INSIGHT

Here’s my latest Employment Law update prepared for many HR professionals

By Mike O’Brien  bio
Lots of ADA Facility Lawsuits in Utah: Here is an interesting legal news update from my partner Mike Judd: Title III of the Americans with Disabilities Act (ADA) requires places of…


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INSIGHT

Employment Law updates for HR managers

By Mike O’Brien  bio
This is my periodic update prepared for interested HR professionals trying to deal with the complex American employment laws…


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