NY Paid Family Leave Regulations Finalized

Standard

By Frank Cania, president, driven HR – A USA Payroll Company

The New York Workers’ Compensation Board (WCB) published its final regulations regarding the state’s Paid Family Leave Law (PFL) Wednesday, July 19, 2017. As many of us expected, very little about the final regulations has changed from the most recent proposed regulations issued on May 24, 2017. However, the WCB did clarify certain areas. The following are a few of the clarifications:  Continue reading

I-9 Form Revised 07/17/2017 – Ready for Use

Standard

By Frank Cania, president, driven HR – A USA Payroll Company 

In case you haven’t heard, U.S. Citizenship and Immigration Services (USCIS) released a revised I-9 form today, July 17, 2017. A PDF of the new form can be downloaded by clicking HERE, or by visiting the USCIS website at www.uscis.gov/i-9.

Wait, didn’t USCIS just issue a new I-9 form a few months ago? Yes, they did. However, changes are necessary because of requirements contained in the International Entrepreneur Rule, effective July 17, 2017. (If you really want to know about the International Entrepreneur Rule, check out my July 2017 Daily Record article, “Missed These Important Updates? I’ve Got Your Back,” or click HERE for a detailed explanation, but don’t say I didn’t warn you!)

So what exactly has changed on the face of the form? Continue reading

Missed These Important Updates? I’ve Got Your Back

Standard

This article by Frank Cania, president of driven HR – A USA Payroll Company, was originally published in The Daily Record, on July 11, 2017.

Back in the day (clearly, I’m showing my age), things slowed down in the summer. Somewhere around mid- to late June, the pace at work slowed down, there weren’t as many places to go on the weekends, and even the “honey-do” list seemed a little shorter. Today, the pace is faster and the lists are longer. Instead of easing back into things after a week’s vacation, I find myself asking, “what happened while I was at lunch?”

Form I-9 Updated…Again! Continue reading

Did Uber Throw Itself Under the Bus?

Standard

This article by Frank Cania, president of driven HR – A USA Payroll Company, was originally published in The Daily Record, March 10, 2017.

You may not know this, but I sacrificed a less-than-mediocre career in accounting to become a human resource professional. My mother loved the sound of it: “HUMAN – RESOURCE – PROFESSIONAL.” Three words. Far more impressive to her than those one-word careers some of her friends’ children had chosen: pilot, pharmacist, engineer, doctor, and attorney. I can still hear the pride in her voice when she introduced me, “This is my son, Frank. He’s a human resource professional!” It’s probably good that she’s not here to read this article.  Continue reading

Reducing the Paperwork Burden on Small Business

Standard

This article by Frank Cania, president of driven HR – A USA Payroll Company, was originally published in The Daily Record, April 4, 2017.

On Wednesday, March 29, 2017, I had the honor and privilege to testify before the U.S. House of Representatives Small Business Committee, as part of a hearing regarding the effectiveness of the Paperwork Reduction Act (“PRA”) in reducing paperwork and reporting burdens on small businesses. The opportunity to observe, and participate in this process was an amazing experience.

My self-assumed role on the four-member panel of witnesses was adding context and a story or two to the facts and figures my distinguished peers offered. An important role because, as you’ll see, the magnitude of the data can be astonishing.

Continue reading

Volunteerism a win-win source for professional development

Standard

This article by Frank Cania, president of driven HR – A USA Payroll Company, was originally published in The Daily Record, February 14, 2017.

For those who have come to expect an explanation of the latest legislative or regulatory issue to menace businesses, you will find this month’s article a departure, and hopefully an interesting departure, from the norm. Not that there aren’t a plethora of legislative and regulatory issues menacing businesses. Far from it. But, from time to time, it’s good for my brain to take a different path. Continue reading

Fifth Circuit fast-tracks overtime appeal – what that means for you

Standard

This article by Frank Cania, president of driven HR – A USA Payroll Company, was originally published in The Daily Record, January 10, 2017.

On December 8, 2016 – the same day as President-elect Trump announced Andrew Puzder as his nominee for Secretary of Labor – the U.S. Court of Appeals for the Fifth Circuit announced that it will fast track an appeal of the preliminary injunction blocking implementation of the updated overtime rules under the Fair Labor Standards Act (FLSA). (See my December 6, 2016 blog post, Overtime rule delayed. So what’s next?)

In the one page order issued by Judge Jennifer Walker Elrod, the appellate court granted the federal Department of Labor’s (“DOL”) motion for an expedited appeal. Under the schedule set by the Fifth Circuit, all briefing is to be completed by January 31, 2017, with oral arguments ordered to begin on the first available date after that date.  

Out of an abundance of caution, and based on the uncertainty surrounding the revised overtime rule, employers should closely monitor the schedules and hours worked for currently-exempt employees who may be entitled to overtime pay if the appeal is successful and the rule is enforced retroactively to December 1, 2016. With that said, there are a few other points to keep in mind:

  • The order to fast-track the DOL’s appeal of the preliminary injunction has no effect on the current status of the overtime rule, currently on hold for all employers.
  • Before either side has an opportunity for oral arguments before the Court, President-elect Trump and the 115th congress will have been sworn in. Both the new administration and the new Congress will have a window of opportunity, although likely a narrow window, to address this issue before the Fifth Circuit issues a decision on the appeal. 
  • If his nomination for Secretary of Labor is confirmed by the Senate, Andrew Puzder will bring a very different perspective to the DOL than currently exists. Puzder, currently CEO of CKE Restaurants (parent company to Carl’s Jr. and Hardee’s), has taken a pro-business stance on most employment-related issues – including strong opposition to the revised overtime rule.  
  • Aside from the uncertain fate of the federal overtime rule, the New York State salary threshold for white-collar exemptions is poised to increase on December 31, 2016. (See my November 2, 2016 blog post, NY State Labor Department gets in rule-making act

As a good friend and FLSA expert said recently, regardless of your stance on this issue, we’re going to be in for some interesting times. Stay tuned…


Posted by Frank Cania, president of driven HR  A USA Payroll Company

Please feel free to contact me at frank@drivenhr.com, or 855-672-4142 with questions or for more information.


Disclaimer: This content is for informational purposes only, does not constitute a legal opinion, and is not legal advice. The facts of each situation should be considered and analyzed individually. Therefore, you should always consult with competent employment counsel regarding any issues discussed here. 

Click HERE to learn more about Frank Cania, author of Employers’ HR Advisor.