Month: November 2013

SCOTUS Asks Where to Draw the Line on FLSA Definition of ‘Clothes’

Spectators could be excused for confusing a recent U.S. Supreme Court oral argument session with an episode of TLC’s What Not to Wear. On Nov. 4, the Court heard arguments in Sandifer v. U.S. Steel Corp.(No. 12-417) which focused on how to define “clothes” versus protective equipment and whether time spent donning those items is compensable. The […]

OT with Multiple Rates? Weighted Rate OR Agreement

In yesterday’s Advisor, we presented examples for calculating the “regular rate” pay. Today, overtime with shift differentials and multiple rates of pay, plus an introduction to the guide especially for small or even one-person, HR departments. Example #3—Shift Differentials [Go here for examples 1 and 2] Employers must include shift differential pay when determining an […]

Leggo My Jell-O

Many workplaces seem to have one, a refrigerator thief. The coworker who believes that food in the fridge is there for the taking. While many victims simply vent to colleagues about their missing lunch, or start using Post-it® notes to ward off would-be bandits, there are others who feel the act is a crime—literally. Yes, […]

Cupcake Confections and Their HR Connections

It may not be on your wellness program’s list of healthy foods, but recently cupcakes have been in the news in relation to Human Resources. In the past year, nearly one third (32 percent) of workers have called in sick when not actually ill, according to a recent CareerBuilder survey. Along the same lines, 30 […]

Preventing mixed motive employment discrimination cases

In a mixed motive case, the evidence shows that employer has taken adverse action for a combination of both legitimate and unlawful reasons. When a plaintiff in a Title VII case proves that a protected category played a motivating part in an employment decision, the defendant/employer may avoid a finding of liability only by proving by a preponderance of evidence that it would have made the same decision even if it had not taken the plaintiff's protected characteristic into account.

New Oregon law allows veterans to take off on Veterans Day

by Calvin L. Keith Veterans Day is coming up on November 11, and a new law in Oregon makes the day even more significant for veterans who want the day off. The 2013 Oregon Legislature passed a bill requiring employers to provide veterans with paid or unpaid time off on Veterans Day. “Veterans” include those […]

Do Your Employees Know Basic Nutrition?

The quantity and quality of the food your employees eat everyday directly affects their health, energy level, productivity on the job, and general well-being. Your workers need to eat the right foods, in the right amounts, at the right time to stay healthy, feel good, and work hard. Providing them with the information they need […]

Security Among Questions Dogging Exchange Rollout

New concerns about data security on the health care reform exchanges are being raised by Republican lawmakers, who cite an internal agency memorandum that warned of inadequate testing on the eve of the exchanges’ Oct. 1 rollout. The security control assessment required by the Federal Information Security Management Act “was only partially completed” because the […]

CMS on Premiums, Contributions for Small Employer Exchange Coverage

Small employers enrolling in coverage on Small Business Health Options Program exchanges need to decide what their employer contribution will be and whether to charge different employees different amounts based on their age. The Centers for Medicare and Medicaid Services gives them new health care reform guidance to help them mull over those questions in […]