HR Insights Blog Header Power outages are an unfortunate reality and often strike fast and unexpectedly, leaving employees looking for answers.

Often a result of extreme winter or other severe weather, a power outage can leave a workplace without the heat or lights on, and the impact can extend to employees’ homes—and their personal safety. Employee relations are critical before, during and after a crisis, and HR professionals and leaders can play a pivotal role in helping to protect employees in this time of need. Unfortunately, power outages can create challenges for communicating with employees at the time when information is most critical, so it’s important to prepare accordingly.

Legal Update Header An employee working a “one week on, one week off” schedule who takes 12 workweeks of federal Family and Medical Leave Act (FMLA) leave may be required to return to work 12 weeks later, a federal appeals court has held.

In Scalia v. State of Alaska, the 9th Circuit Court of Appeals found that an employer may count both “on” and “off” weeks against the FMLA leave entitlement of an employee on a rotating schedule. Ninth Circuit decisions apply in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. The opinion was issued Jan. 15, 2021.

Legal Update Header On Feb. 12, 2021, the Equal Employment Opportunity Commission (EEOC) withdrew two proposed rules it previously issued in January 2021, on wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).

Overview of the Proposed Rules

These proposed rules were issued in response to a federal court decision that vacated a portion of EEOC regulations describing the incentives that an employer could offer:

HR Compliance Bulletin header image Employers must have new employees complete a number of forms before they can begin their employment.

Form W-4 is one of these forms. Form W-4 provides employers the information they need to adequately set up a new employee’s filing status for payroll tax purposes. Form W-4 is published and updated by the U.S. Internal Revenue Service (IRS). On Form W-4, employees can also declare the number of dependents, the tax credits and deductions they intend to claim. While this form is often used for new hires, employees can update the W-4 form they have on file with their employer whenever a change in filing status, dependents or other tax credits and deductions take place.  

Legal Update Header On Friday, Feb. 5, 2021, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) proposed delaying the effective date for the Independent Contractor final rule from Mar. 8, 2021 to May 7, 2021.

The WHD is proposing the delay to allow sufficient time for the agency to review the final rule as required by the memorandum President Biden issued on Jan. 20, freezing regulatory changes adopted late into the previous administration.