Author: Heidi Macomber

HR Professional consultant, writer, researcher, podcast host. Founder of The Sound Staffing LLC and the HR Learning Podcast.

JAN – Employers’ Practical Guide to Reasonable Accommodation Under the Americans with Disabilities Act (ADA) – Job Applications and Interviews

November 16, 2019

Heidi Macomber reads the Job Accommodation Networks (JAN) Employers’ Practical Guide to Reasonable Accommodation Under the ADA specific to Job Applications and Interviews. … More JAN – Employers’ Practical Guide to Reasonable Accommodation Under the Americans with Disabilities Act (ADA) – Job Applications and Interviews

EEOC CONVENES PUBLIC HEARING ON THE PROPOSED REVISION OF THE EMPLOYER INFORMATION REPORT (EEO-1)

November 13, 2019

Heidi Macomber reads EEOC notice dated 11/13/19 re The U.S. Equal Employment Opportunity Commission (EEOC) will hold a public hearing on Proposed EEO-1 Report amendments on Wednesday, November 20, 2019 … More EEOC CONVENES PUBLIC HEARING ON THE PROPOSED REVISION OF THE EMPLOYER INFORMATION REPORT (EEO-1)

BISCONTI FARMS, INC. AND BISCONTI MANAGEMENT, INC. WILL PAY $200,000 TO SETTLE EEOC SEXUAL HARASSMENT AND RETALIATION SUIT

November 13, 2019

Heidi Macomber reads EEOC news release dated 11/8/19 re: Bisconti Farms to pay $200K to settle EEOC sexual harassment and retaliation suit … More BISCONTI FARMS, INC. AND BISCONTI MANAGEMENT, INC. WILL PAY $200,000 TO SETTLE EEOC SEXUAL HARASSMENT AND RETALIATION SUIT

EEOC ALLEGES HEARING IMPAIRED APPLICANT DENIED REASONABLE ACCOMMODATION AND HIRE

October 25, 2019

My reading of an October 15, 2019, EEOC press release having to do with an alleged denial of reasonable accommodation and hire. The EEOC filed suit in Civil Action No. 2:19-cv-02693 in U.S. District Court for the Western District of Tennessee, Eastern Division … More EEOC ALLEGES HEARING IMPAIRED APPLICANT DENIED REASONABLE ACCOMMODATION AND HIRE

Notice of Proposed Rulemaking (NPRM): Tip Regulations under the Fair Labor Standards Act (FLSA)

October 10, 2019

My reading of the Notice of Proposed Rule (NPRM) of the Wage and Hour Division of the DOL regarding Tip Regulations under the Fair Labor Standards Act (FLSA). Also, I have included full reading of the associated Fact Sheet and Frequently Asked Questions document. Links to each are included in this document. … More Notice of Proposed Rulemaking (NPRM): Tip Regulations under the Fair Labor Standards Act (FLSA)

Fact Sheet: Final Rule to Update the Regulations Defining and Delimiting the Exemptions for Executive, Administrative, and Professional Employees

September 24, 2019

My reading of the DOL WHD Fact Sheet issued today, 9/24/19 regarding the FLSA Final Rule to Update the Regulations Defining and Delimiting the Exemptions for Executive, Administrative, and Professional Employees. This includes the questions and answers about the Final Rule. … More Fact Sheet: Final Rule to Update the Regulations Defining and Delimiting the Exemptions for Executive, Administrative, and Professional Employees

NYC Int No. 136 passed – Freelancers and Independent Contractors protected under Section 8-107(23)

September 13, 2019

My reading of today’s blog for The HR Learning Podcast regarding the NYC Int No 136 that passed yesterday, 9/12/19 providing Independent Contractors and Freelancers discrimination protections under Section 8-107(23). … More NYC Int No. 136 passed – Freelancers and Independent Contractors protected under Section 8-107(23)

FMLA2019-3-A

September 10, 2019

The DOL issued three opinion letters today, September 10, 2019. Today’s blog is a word for word reading of the full FMLA2019-3-A opinion letter including footnotes. FMLA2019-3-A: Addressing whether an employer may delay designating paid leave as FMLA leave due to a collective bargaining agreement.   Opinion Once your employer has enough information to determine … More FMLA2019-3-A

U.S. Department of Labor Issues Three New Wage and Hour Opinion Letters

September 10, 2019

My reading of today’s announcement that the U.S. Department of Labor announced today that it has issued three new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Consumer Credit Protection Act (CCPA). … More U.S. Department of Labor Issues Three New Wage and Hour Opinion Letters

Misclassifying Workers?

August 29, 2019

Today I received an updated from the NLRB stating that they have decided that the misclassification of workers as independent contractors does NOT violate the NLRA. Velox Express, Inc. Case Number: 15-CA-184006 NLRB Board decision dated 8/29/19 SUPER SHUTTLE Case Number: 16-RC-010963 NLRB Board decision dated 1/25/19 If you like this update and would like … More Misclassifying Workers?

9th Circuit asks CA Supreme Court for Meal & Break Clarification

August 6, 2019

COLE V. CRST VAN EXPEDITED, 9TH Circuit asks the CA Supreme Court 2 questions to determine whether California Employers should be held accountable to more than just posting a wage order that states they have a duty to provide but not police breaks. Are they required to provide and follow a formal policy? And should they be required to keep track of breaks? What are the presumptions if they do not? We will have to wait and see what the California Supreme Court decides. … More 9th Circuit asks CA Supreme Court for Meal & Break Clarification

Employee Expense Reimbursement

January 23, 2019

I received a blog update from HR Defense by Akerman regarding new employer obligations imposed by law passed in Illinois today. It covers employee expense reimbursement, New Poster/Notice Requirement and Right to Sue Requests, Equal Pay for African-American Employees, Nursing Mothers, The Illinois Service Member and Reemployment Rights Act, and Expanded Time to File Discrimination … More Employee Expense Reimbursement

What Does a Good Hire Look Like – Make Sure the Hiring Team is in Consensus

January 16, 2019

Hiring and why collaborating to establish with the team what a good hire looks like on paper before you start the process can improve your results. If you work in HR and are responsible for recruiting, you know that finding the right candidate is not as easy as it sounds, especially in today’s market where … More What Does a Good Hire Look Like – Make Sure the Hiring Team is in Consensus

Judge Rules ACA Unconstitutional?

December 19, 2018

I was scanning my email this morning and saw an article by Joel Wallace and Tara L. Kurtis with The National Law Review titled ‘U.S. Pharmaceutical and Biologics Industries Could See Steep Potential Consequences from Texas Judge’s ACA Decision.‘ The article was written to promote how the ruling will impact U.S. pharmaceutical and biologics industries … More Judge Rules ACA Unconstitutional?

Age Discrimination & Affirmative Action

December 3, 2018

Have you seen how Wikipedia defines Affirmative Action?  Protecting Members…My question is when will we as people of the planet experiencing population longevity and retirement delays band together to put a stop to Age Discrimination in Employment that will really have an impact? Affirmative action, also known as reservation in India and Nepal, positive action … More Age Discrimination & Affirmative Action

20% Rule Rescinded with FLSA2018-27

November 12, 2018

Yes, it’s true. The Department of Labor issued guidance November 8, 2018 regarding “Side Work” and the FLSAs Restaurant Tip Credit (29 CFR 531.59 The Tip Wage Credit, Section 3(m)  Osha Safety and Health Act). They reissued Opinion Letter FLSA2009-23, gave it a new name, FLSA2018-27.  Per  Epstein Becker Green (2018)Epstein Becker Green (2018), the … More 20% Rule Rescinded with FLSA2018-27