Four Recent HR & Employment Law Developments

As those working in human resources and my fellow employment lawyers can attest, the last few years have given us constant change.  New employment laws, new labor regulations, federal agencies aggressively enforcing both, and significant cases being issued almost daily make it tough for even the most seasoned “HR Genius” to keep on top of all of the developments.  I try to lighten the load through this Blog, but like you, only have so many hours in the day.

So,  this week I am going to lean on my management-side employment law colleagues at Michael Best & Friedrich.  Below are just a sampling of the recent articles and “client alerts” they have authored recently:

1.  Wisconsin just enacted its “Right-To-Work” Law.  What does this mean for employers in Wisconsin? Click here.

2.  The Department of Labor just issued its Final Rule revising and expanding the definition of “spouse” to include those from same sex marriages.  For more details, click here.

3.  Utah just enacted a new law prohibiting discrimination against employees on the basis of their sexual orientation and “gender identity.”  If you have operations there, then you should  click here.

4.  Do you know what constitutes a valid employment claim “release,” and when you can lawfully “require” employees to sign them?  For this information and more, click here.

Hopefully you will find these helpful in your quest to becoming (or remaining) an “HR Genius.”

Mitchell W. Quick, Attorney/Partner
Michael Best & Friedrich LLP
Suite 3300
100 E. Wisconsin Avenue
Milwaukee, Wisconsin 53202
414.225.2755 (direct)
414.277.0656 (fax)
mwquick@michaelbest.com
http://www.linkedin.com/in/mitchquick
Twitter: @HRGeniusBar
@wagelaws

 

 

 

DOL ISSUES NEW FMLA REGULATIONS

On February 6, 2013 the Department of Labor’s (DOL) Wage and Hour Division (WHD) issued new regulations under the Federal Family and Medical Leave Act (FMLA). The regulations become effective on March 8, 2013.   Among other things, the regulations extend the military caregiver leave, clarify the “military exigency” rules, and further define  intermittent leave calculations.

Unfortunately, as a result employers will have to tweak their FMLA policies.  To make that task a little easier, the DOL also published a chart comparing the old FMLA regulations and the new ones.  Here’s the link to that chart:

http://www.dol.gov/whd/fmla/2013rule/comparison.htm

Mitchell W. Quick, Attorney/Partner
Michael Best & Friedrich LLP
Suite 3300
100 E. Wisconsin Avenue
Milwaukee, Wisconsin 53202
414.225.2755 (direct)
414.277.0656 (fax)
mwquick@michaelbest.com
http://www.linkedin.com/in/mitchquick
Twitter
:  @HRGeniusBar
@wagelaws

HR Tip – Save Those Voicemails

Probably every Human Resources Manager has received a voicemail from an employee advising them he is “quitting.”  Sometimes the employee even “thanks” the HR Manager and/or the company for the “opportunity,” and does not say anything negative about his employment experience.

I strongly recommend saving such voicemails from any employee the company suspects is a “litigation risk” (in their original audio format) for at least a year, and preferably two.

Why save them?  Employees often conveniently change their “stories” or recollections after quitting.  Such voicemails present compelling evidence to defeat an employee’s later claim that he was “fired” or “forced to quit”  (aka “constructive discharge”).  They are particularly useful in knocking down unemployment compensation claims and previously unreported claims of harassment.   The employee is left to “explain away” his own statements, and will not appear credible in doing so.

Why save them that long?  Under most federal and state laws, claims for discrimination, harassment and retaliation generally have to be asserted within 300 days of the alleged adverse employment action.  Retaining the voicemail for at least a year will ensure you have it available if a claim is filed.  Keeping them two years is preferable because claims under the Federal Family and Medical Leave Act (FMLA) and the Federal Fair Labor Standards Act (FLSA) can be asserted 2 (or even 3) years later.

Bottom line:  don’t hit the “delete” button, and you may “save” your case!

Mitchell W. Quick, Attorney/Partner
Michael Best & Friedrich LLP
Suite 3300
100 E. Wisconsin Avenue
Milwaukee, Wisconsin 53202
414.225.2755 (direct)
414.277.0656 (fax)
mwquick@michaelbest.com
http://www.linkedin.com/in/mitchquick
Twitter
@HRGeniusBar
@wagelaws