Fridays with Frank – Aug 30, 2019

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Happy Friday!

As my time away with family winds down, I’ve been thinking about the importance of staying connected.  Not just with the family and friends I call or text daily, but with other friends I truly value.  So, I’ve been making a conscious effort to reach out to one or two of those special people each day, and it’s been fantastic.  Over the Labor Day weekend, I challenge you to call or send a quick text to someone you value but don’t connect with often enough.  I guarantee it will make you both happy.

As a special Labor Day treat, I’ve selected reading materials that pair well with a cup of coffee, a glass of wine, or your favorite adult beverage–mine is pictured above!  So, grab a drink, relax, and enjoy your long weekend!

The Current I-9 Form Expires Tomorrow, Now What?   Yes, that’s correct, the current I-9 form expires 08/31/2019 (did you notice I used the proper date format?).  However, as many of us expected, the new version of the I-9 hasn’t been issued.  Amazing how the I-9 expiration date seems to sneak up on USCIS every time!  Also as expected, USCIS announced on 08/27/2019 that employers should continue using Form I-9 with the 08/31/2019 expiration date “until further notice.”

What to Expect from the Next DOLSecretary   It’s official.  As I mentioned in a previous Fridays with Frank post, Eugene (Gene) Scalia—son of the late Supreme Court Justice Antonin Scalia—has been officially nominated by President Trump to be the next Secretary of Labor.  This article from Human Resource Executive provides some background, what’s being said about the nominee, and how Scalia is likely to lead the DOL.

Sexist Windshield Wipers?   Here’s one of those, “on which planet did they think this would be acceptable?” moments.  Bosch Automotive posted a Facebook ad for windshield wipers…makes sense so far, right?  Unfortunately, the ad showed a woman passing in front of a car’s windshield, with the question, “don’t you wish to see this clearly?”  What’s worse, the post included the line, “the best wiper gives you the best view!”  I’m guessing there will soon be an open position or two in their social media marketing department.

How About Some Tips for Paying Tipped Employees?   Another great article from my friend, and attorney, Janette Levey Frisch (aka the “EmpLAWyerologist“).  This time Janette looks at the complexities of paying tipped employees and, as she often does, uses a recent court case to answer the myriad of questions employers and HR professionals have on the topic.

What Real HR Looks Like   I thought I’d end the week with a funny (as in, I laugh because otherwise I’d be cursing and pulling my hair out) note.  I’m always amazed at the differences between what the outside world thinks HR is all about (firing people, meetings, firing people, going to conferences, firing people, and just for fun, firing more people) and what my peers and I actually face on a daily basis.  In her article, Suzanne Lucas (aka, @RealEvilHRLady) provides some insights (see definition of funny, above) into what happens behind the closed doors of the HR office.

Thanks for joining me, and have a great long weekend and short week ahead!


Posted by Frank Cania, president of HR Compliance Experts LLC.

Please feel free to contact Frank at frank@hrcexperts.com, or 585-380-1566 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 and HR Compliance Experts LLC.

Fridays with Frank – Aug 23, 2019

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Happy Friday!

I’m on vacation (or as close as I ever get to actually taking time off) with my family, so this week I’m going to share links to a few of the great articles I’ve been reading.

Is a New FLSA Overtime Rule Finally in the Homestretch?  Ok, I didn’t read this first article, I wrote it.  For many of us, trying to predict when—or even if—the Fair Labor Standards Act (“FLSA”) overtime (a.k.a., minimum salary) rule will be updated has become like betting on a horse race. Com

What We Can Learn From the Long Beach Marriott About Preventing Workplace Shootings  In this article, my great friend, and attorney, Janette Levey Frisch (aka the “EmpLAWyerologist“) explains how employees and management at the Long Beach (CA) Marriott did the right things to stop—what likely would have been—another disastrous workplace shooting, and the lessons employers should learn before faced with similar circumstances.

Sex Discrimination Works Both Ways  In another enlightening article, Janette Levey Frisch explores how parental leave and compensation policies and practices that treat men and women differently can lead to charges of sex discrimination.

DOL Confirms FMLA Covers IEP Meetings With Therapists at School  My friends at Ogletree Deakins discuss a recent opinion letter from the federal DOL, Wage and Hour Division, that confirms a parent is entitled to job-protected time off from work under the Family and Medical Leave Act (“FMLA”) to attend a meeting at school to discuss their child’s Individualized Education Program (“IEP”).

New York Expands Harassment Laws, Protections of Religious Attire, Clothing, or Facial Hair   Jackson Lewis provides our last article for this week’s Fridays with Frank.  In case you weren’t aware (and missed my July Daily Record article), recent updates to the New York State Human Rights Laws (“NYSHRL”) include significant changes that make it easier for employees to show they’ve been harassed, and much more difficult for employers to defend against almost any allegations. (Also, although not included in the Jackson Lewis article, NY State followed California’s lead with updates to the NYSHRL which now protect employees against discrimination based on “natural hairstyles or textures associated with race.)

Thanks for joining me, and have a great weekend and week ahead!


Posted by Frank Cania, president of HR Compliance Experts LLC.

Please feel free to contact Frank at frank@hrcexperts.com, or 585-380-1566 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 and HR Compliance Experts LLC.

Fridays with Frank – Aug 16, 2019

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US Capitol-side

Welcome to HR Compliance Notebook!

The HR Compliance Experts team is excited to launch our blog, HR Compliance Notebook, with something we’re calling Fridays with Frank.  In my Fridays with Frank posts, I’ll share news and updates regarding state and federal legislation, regulatory information, links to employment-related articles, and maybe even a snarky comment or two.

I’d like this to be a two-way conversation, so, respectful and thought-provoking (and yes, snarky) comments are welcomed and encouraged.  Also, let me know what you enjoy–and what could be better–about Fridays with Frank, or the blog in general.  Use the comment section or send an email to theexperts@hrcexperts.com.

Thanks for spending a small part of your day with me!


No August Recess for Employers

The federal Department of Labor is a busy place

The federal DOL is a busy place lately. As you may know, Alex Acosta stepped down as Secretary of Labor on July 12, 2019, with deputy Secretary Patrick Pizzella stepping in to lead the agency on an interim basis. Pizzella, who is unquestionably pro-business, appears to have accelerated the pace of activity at the DOL. In addition to issuing several opinion letters since July, the DOL submitted its long-awaited final overtime rule to the Office of Management and Budget for review earlier this week.  This long-awaited rule updates the (minimum) salary threshold for the FLSA’s “white collar” exemptions.

Within days of Acosta’s resignation, President Trump announced his intent to nominate Eugene (Gene) Scalia—son of the late US Supreme Court Justice Antonin Scalia—to be the next Secretary of Labor. Currently a partner in a Washington, DC law firm, Scalia also brings government experience to the table. He was the solicitor (chief attorney) of the DOL under President George W. Bush and served at the Department of Justice as Special Assistant to the Attorney General.

As has been the case with virtually all the President’s nominations, the road to Scalia’s confirmation is expected to be lengthy and the ride extremely bumpy.  So, I wasn’t surprised when more than two dozen members of Congress sent President Trump a letter fervently opposing the nomination Eugene Scalia.  (CLICK HERE to read the letter.)


NY State significantly changes laws regarding sexual harassment…again!

As expected, Governor Andrew Cuomo signed another landmark piece of legislation amending New York’s Human Rights Law. These sweeping changes add provisions to the law that, among other things:

  • Expand the application of the new standards beyond sexual harassment to now include alleged harassment based on an individual’s membership in any protected class;
  • Eliminate the “severe or pervasive” legal standard, instead validating any allegations of misconduct that appear to be more than “petty slights or trivial inconveniences;”
  • Significantly increase the protections provided to employees, and adds protections fornon-employees;
  • Expand what is required of employers regarding employee harassment prevention training; and
  • Extend the time individuals have to file harassment claims with the NYS Division of Human Rights, from one (1) year to three (3) years. 

CLICK HERE to read my article on this topic, NYS Raises the Stakes and Lowers the Bar on Harassment Laws…Again!, published in The Daily Record, July 16, 2019.


Posted by Frank Cania, president of HR Compliance Experts LLC.

Please feel free to contact Frank at frank@hrcexperts.com, or 585-380-1566 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 and HR Compliance Experts LLC.