The cold and flu season is upon us. When employees are sick, employers should encourage them to stay home in order to avoid spreading contagious germs, which could cause others to get sick. The question is, does cold and flu qualify for FMLA. The answer, sometimes it does. FMLA regulations state that unless complications … Continue reading Does Cold and Flu Qualify for FMLA? Sometimes…
On February 4, The US Equal Employment Opportunity Commission (EEOC) released the FY 2014 claims, enforcement, and litigation statistics/data. The fiscal year ran from October 1, 2013 to September 30, 2014. The number of discrimination charges filed with the Equal Employment Opportunity Commission (EEOC) that included allegations of retaliation reached an all-time high in FY … Continue reading EEOC Releases FY2014 Stats: Retaliation Reaches Record High
As of January 1, new regulations that govern reporting of work-related injuries and illnesses have gone into effect. In September 2014, OSHA (Occupational Health and Safety Administration) announced that new regulations would be coming in 2015 to give companies and employers time to prepare for compliance with the regulations. Per OSHA’s Fact Sheet, Under the … Continue reading New OSHA Requirements for 2015
Affordable Care Act Updates: Employer Mandate in Effect Note: January 1, 2015, two (2) requirements of health care reform went into effect. Thereby, beginning the first phase of the Employer Mandate, the “Pay or Play” provision. Once fully implemented, the “Pay of Play” provision of the Affordable Care Act will require all employers with 50 … Continue reading Affordable Care Act Update: Employer Mandate in Effect Jan 1, 2015
According to the Washington Post, the Supreme Court announced last Friday, November 7, that it will hear the most serious challenge to the Affordable Care Act since the justices found it constitutional more than two years ago: a lawsuit targeting the federal subsidies that help millions of Americans buy health insurance. The U.S. Supreme Court … Continue reading Affordable Care Act, Supreme Court Decision May Change Fate
Recently, the Equal Employment Opportunity Commission (EEOC) issued its first enforcement Guidance on pregnancy discrimination in 31 years. The Guidance redefines the circumstances in which an employer is required to accommodate pregnancy restrictions and represents a significant departure from the current guidelines. EEOC spokesman, Christine Nazar, stated the Pregnancy Discrimination guidelines were updated, “because we … Continue reading EEOC Issues New Pregnancy Discrimination Guidance, Increases Employer Obligations
It is critical to classify workers correctly to avoid hefty fines, taxes, penalties, etc. The Department of Labor is “cracking down” on employers who misclassify workers. The consequences of misclassifying workers are many, including: Audits Company could owe IRS back taxes with interest, plus penalty 12% – 35% Federal and State agencies back pay, back … Continue reading IRS 20 Factor Test: Independent Contractor or Employee, Who Has Control Over the Work Being Done?
When an employee is not specifically exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements, you must pay for hours worked over 40 per work week at a rate that’s at least one and one-half times the employee’s regular rate of pay. If during a single work week an employee does two or more … Continue reading FLSA: Calculating Overtime for Employees Who Work Two Jobs at the Company
Employers generally cannot change exempt employees’ compensation because of absences from work. However, employers can reduce pay without jeopardizing employees’ exempt status if absences of a full day or more due to: Personal reasons Illness or accidents if employees are covered under sick or disability pay policies Unpaid leave taken pursuant to FMLA act … Continue reading Permitted Salary Reductions to Exempt Employees’ Salaries
The FLSA requires employers to keep records on wages, hours, and other items, as specified in Department of Labor recordkeeping regulations. Most of the information is of the kind generally maintained by employers in ordinary business practice and in compliance with other laws and regulations. What Records Are Required: Every covered employer must keep certain … Continue reading FLSA Recordkeeping Requirements: Are You Compliant?
