As 2010 comes to a close, we pause to reflect on one of the most active years in recent memory in regards to legislation impacting employers. Earlier this year, CPEhr’s General Counsel Joshua Sable, Esq. conducted a webinar covering many of these changes and how they will affect small businesses. The “2010 Employment Law Updates” webinar covered a wide range of HR topics, including the HIRE Act, Healthcare Reform, Disability Discrimination, Harassment Claims and many more. To hear the webinar in its entirety, please click HERE. Below are excerpts of some of the information presented by Mr. Sable:

HIRE Act.

On March 18, 2010, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act. The Act provides a wide range of incentives for employers including a tax holiday for hiring “new” workers and a tax credit for retaining such workers. The goal of the plan is to stimulate the economy and bring people back to work.

The key highlights of the “Tax Holiday” are:

* Relieves a “covered employer” of its obligation to pay its 6.2% match for Social Security on the first $106,800 of wages (potential savings of $6,622)
* Applies to those workers hired after 2/3/10 but before 1/1/11 on wages paid between 3/19/10 and 12/31/10

Health Care Reform.

Two bills were signed into law on March 23rd and 26th, 2010 – The Patient Protection and Affordable Care Act and the Health Care and Education Affordability Reconciliation Act, respectively. Both laws have important consequences for employers and group health plans.

Effective 01/01/2014 employers with 200 or more full-time employees must automatically enroll new hires in health coverage. Employers with more than 50 full-time employees that do not offer coverage must pay a penalty of $166/month per employee (excluding first 30).

Disability Discrimination.

Recent California case law has changed the playing field, once again, in regards to disability discrimination. The two key updates are:

In the event an employee has been previously granted special accommodations for a disability, the employer has a continuing duty to inform new supervisors of these accommodations. Failure to do so can place the employer at risk of being sued.

Employers are required to actively identify and offer available positions to disabled employees – it is not sufficient to merely “allow” the disabled employee to apply for a new position.

Harassment Claims.

Attorneys have previously advised managers that “being a jerk” on the job, while impolite and unprofessional, does not violate the law, so long as the negative behavior was work related. However, a recent case made its way to the California Supreme Court (Roby v. McKesson) wherein an employee claimed her manager demonstrated particular hostility towards her, despite the fact that the behavior was in the context of job and performance criticism. The Court ruled in favor of the plaintiff, stating the manager’s behavior created a hostile work environment. The clear message to managers: don’t be a jerk to your staff in the office!

If you have any questions about these, or any other HR related topics, do not hesitate to contact a CPEhr Human Resources Representative.