Compliance

WHO DOES FMLA APPLY TO?

The Family Medical Leave Act (FMLA) provides eligible employees with up to twelve (12) weeks of unpaid, job-protected leave per twelve (12) month period. Despite FMLA being fairly well known, many businesses are still unsure if they must comply with the regulations. In simple terms FMLA applies to all public agencies, all public and private […]

SPOTLIGHT: KIN CARE LEAVE

According to our 2019-2020 Nevada Benefits & Personnel Practices Survey, 23% of participating employers do not allow employees to use sick time to care for a sick family member (exclusive of FMLA requirements). A new law that goes into effect on October 1st would change that. Beginning October 1st, Nevada employers who offer sick leave […]

WHO DOES THE ADA APPLY TO?

The Americans with Disability Act (ADA) prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. Many businesses can be unsure whether the ADA applies to them, as such, this article details which employers are covered by the ADA.  In […]

IMPLICATIONS OF HAVING REMOTE WORKERS OUTSIDE NEVADA

When the pandemic first started in 2020, many companies transitioned to a remote work model.  In many cases, this involved quite a bit of work and expense on the back end.  Companies had to provide equipment, internet/database/CRM access, make sure everything was secure, and still maintain a professional atmosphere. While many employees enjoyed this remote […]

EEOC ISSUES GUIDANCE ON TRANSGENDER, LGBTQ WORKPLACE ISSUES

The Equal Employment Opportunity Commission (EEOC) recently issued technical guidance regarding discrimination based on sexual orientation or gender identity. The technical guidance clarifies existing law regarding sex-based discrimination in light of the Supreme Court’s decision in Bostock v. Clayton County, 590 U.S. _____ (2020). In addition to explaining the Bostock decision, the technical guidance addresses […]

DID YOU KNOW?

With an employee handbook you can communicate expectations for behavior, benefits, and working conditions. Without clear policies, an organization can struggle with enforcement of work performance standards. Because, without clear policies, how do employees know what is expected of them? In a recent unemployment hearing, a former employee (and unemployment claimant) was asked, “Did your […]

IS ASKING ABOUT THE COVID VACCINE A HIPAA VIOLATION?

In the best of times, people can get confused about what is (and is not) a HIPAA violation.  In pandemic times, with misinformation running rampant, we see it even more. Statements such as, “My manager wants to know if I got a COVID vaccine.  That’s a HIPAA violation!” and “HIPAA means you can’t ask me […]

HOW BUSINESSES AND EMPLOYEES ARE NAVIGATING THE COVID VACCINE

As the COVID-19 vaccine distribution continues nationwide, with more individuals becoming eligible for the vaccine, the question of how businesses are handling the vaccine in the workplace also continues. While everyone is eager for things to return to normal, legal and logistical concerns and employee attitude about the vaccine are causing some uncertainty on vaccine […]

NEW FMLA FORMS AND WHY YOU MIGHT WANT TO USE THEM

Last summer, the Department of Labor (DOL) issued new FMLA forms. With the focus for much of 2020 on the COVID-19 pandemic, you may have missed it, but don’t panic. If you are using the prior version of the forms, you are not out of compliance. The content of the forms are still applicable, regardless […]

AVOIDING AGE DISCRIMINATION DURING THE COVID-19 PANDEMIC

Early in the pandemic, the primary concern of age discrimination in employment centered on the mass layoffs and furloughs that were being conducted when many businesses were ordered to shut down their operations. Often, when employers conduct mass layoffs there can be the tendency to let go of older (and likely more expensive) employees in […]

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