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Employee not responding to FMLA notices, loses FMLA protection
Good news for employers! A recent Oregon court case demonstrated the importance of following the required FMLA notices to eligible employees and the consequences to an employee that ignored the notices to his detriment. Employees that fail to follow the employer’s usual and customary notice requirements for requesting FMLA leave, will ordinar...
How to Fix I9s Completed for Remote Employees Because of COVID-19
Since March 20, 2020, the Department of Homeland Security (DHS) has given employers flexibility when completing I9 forms for employees that are working remotely because of COVID-19 safety precautions. The physical presence requirements associated with the Form I9 (it is required to physically review the original employee identity and employment aut...
Get 2021 Started Right: 10 HR Action Items
Now that we have closed out 2020, and started 2021, its time for Human Resources/Payroll to take some important year-end actions to ensure a smooth transition into 2021. Consultstu has created a 10 point HR Checklist to ensure your Company is up to date with fast-changing federal/state rules and regulations. Update your Applicant New Hire......
Mandatory Paid COVID leave (FFCRA) Expires 12/31/20, Now Voluntary
On January 1, 2021, employers are no longer mandated to provide expanded paid COVID sick days and emergency family leave benefits that was put into place by the Family First Coronavirus Response Act (FFCRA). Covered employers (private employers with under 500 employees and public employers) have the option to voluntarily permit employees to use any...
Publix Vendor Independent Third Party Immigration Reviews
Publix Super Markets, Inc. is celebrating its 90th Anniversary and has grown to over 1,200 stores across seven states.  If your company is trying to become a supplier of equipment or construction services with Publix, you will be expected to comply with all federal, state and local laws and regulations, including the regulations in the......
EEOC updates FAQs on Screening Employees for COVID-19 and Handling Medical Information
There was an update for employers from the Equal Employment Opportunity Commission (EEOC) on September 8. After public feedback, the EEOC updated several answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) during the COVID-19 pandemic. What was updated? FAQ A6 (COVID-19 testi...
What is Trump’s Employee Payroll Tax Deferral program?
Is your head spinning yet? There have been a dizzying array of federal, state and local financial programs launched to help employers and give economic stimulus to the struggling American economy.  The latest program is the Employee Payroll Tax Deferral program, and it has generated a good number of questions to our office from companies......
New DOL Guidance for Paid Leave for School Closures
With schools starting to open in Florida, employers are revisiting the Families First Coronavirus Response Act (“FFCRA”), which provides two weeks of paid sick leave related to COVID-19 and up to twelve weeks of paid leave under the expanded Family and Medical Leave Act (“EFMLA”).  School districts are offering a mixture of online/virtual ...
Asphalt Company Wins Work Comp Case – 5 Tips You Can Use
A Florida asphalt contractor recently benefited from having effective human resource policies.  It avoided paying disability benefits to an injured employee (his skid steer loader was hit by a dump truck) that refused to return to suitable work.  In Florida, an injured employee is entitled to Temporary Partial Disability benefits (hereinafter TPD...
New “Simpler and Easier” FMLA Forms Released
The U.S. Department of Labor (“DOL”) has released new revised versions of its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (“FMLA”) (dated June 2020).  The revised forms are noticeably different.  The DOL intended them to be simpler and easier for employees, employers, leave ...
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