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In yesterday’s Advisor we learned important lessons from Bank of America’s $2 million back pay lawsuit. Today, more suits plus an introduction to the “50×50,” the unique guide that helps employers avoid lawsuits state by state by state. The San Francisco Giants baseball team paid $544,715 in back wages and liquidated damages to 74 employees […]
Job descriptions are the glue that holds together organizational hierarchy and work processes. When they are well-written, job descriptions create tangible objectives and signify accountability. To keep their companies in compliance with federal and state employment laws, human resources professionals need to be certain that the essential functions of every job are clearly documented. When […]
In addition to the major changes discussed in yesterday’s Advisor, there are several other important changes that are included in the final Section 503 rule, says Schoenfeld. Definitions The definition of “disability” has been revised, pursuant to the ADA Amendments Act (ADAAA) of 2008. EO Clause Contractors will be required to state in solicitations and […]
By Mary Jo Larson Nearly every 401(k) plan offers its participants some investment options that include revenue-sharing fee payments. For many years, employers were not even aware that their participants’ investments were generating these payments. Today, in the wake of new U.S. Department of Labor disclosure and reporting rules and well-publicized cases attacking employers for […]
The U.S. Department of Labor has issued the Spanish version of the General Family and Medical Leave Act Notice poster, which incorporates changes in the new and revised regulations issued earlier this year. Under FMLA, a covered employer must post a copy of the General FMLA Notice in each location where it has any employees […]
The U.S. Department of Labor (DOL) reached a settlement agreement with True North Hotel Group, Inc., stipulating that the Overland Park, Kansas-based company must pay $22,225 in back wages and compensatory damages to a former employee who was terminated in Massachusetts after notifying supervisors about safety concerns and filing a whistleblower complaint with DOL’s Occupational […]
A new rule taking effect January 1, 2015, means most direct-care workers employed by agencies and other third-party employers will be entitled to at least the federal minimum wage and overtime pay. The U.S. Department of Labor (DOL) says the change will affect nearly two million direct-care workers, such as home health aides, personal care […]
In a recent BLR webinar, Austin E. Smith lent his expertise to tell us about some of the challenges employers face when dealing with exempt vs. non-exempt employee classifications. For example, to meet the requirements for an administrative exemption, an employee must pass the “primary duty” test, which says that their primary duties must include […]
Federal contractors and subcontractors must soon meet a hiring goal for workers with disabilities, the U.S. Department of Labor announced Aug. 27. New regulations have been finalized that will, among other things, require contractors to ensure that workers with disabilities make up 7 percent of their workforces. In addition to the hiring goal, the rules require that […]
Defining Contingent Workers Contingent workers are generally those who are hired through staffing firms or leasing companies and whose jobs are structured to last only a certain length of time. If a company does not clearly define a “contingent worker,” who is an employee, and who is not an employee, managers may start using contingent […]