by Anita Byer, President - The Human Equation
on 5/19/2016 They’re heeeere. No, not a poltergeist, though for many they may be just as unsettling. We’re talking about the new minimum wage and overtime exemption regulations for white collar employees under the Fair Labor Standards Act (FLSA). The long-awaited Final Rule has been released and is scheduled for publication on May 23, 2016.
The Final Rule focuses primarily on salary and compensation levels for the executive, administrative, professional, outside sales and computer employee exemptions, which are the FLSA’s so-called white collar exemptions. Since the Final Rule is not identical to the proposed rule published on July 16, 2015, let’s look at some of the differences.
More... by Martin Salcedo, Esq. - The Human Equation
on 6/24/2015 Did you know that telemedicine can reduce the amount of time off taken by employees to see or take their child to a doctor for non-serious medical issues? This may come as a surprise, particularly if you don’t know the most common reason people have for going to the doctor. (You’ll have to keep reading to find out.)
Telemedicine generally refers to the practice of using telecommunications technologies (phone, Internet, etc.) to diagnose and treat patients, and it’s come a long way. Consider this:
- The Centers for Medicare & Medicaid Services describes telemedicine as a cost-effective alternative to providing medical care.
- The American Medical Association says telemedicine is a key innovation that can maintain patient safety, improve access to health care and control costs.
More... by Martin Salcedo, Esq. - The Human Equation
on 10/22/2013 Effective January 1, 2014, Florida’s minimum wage will be $7.93 per hour. This is an increase of 14 cents over the 2013 minimum wage of $7.79 per hour. The minimum wage for tipped employees will increase by the same amount to $4.91 per hour
Florida’s minimum wage is the result of a 2004 voter-approved amendment to the Florida Constitution, and it applies to all Florida employees who are covered by the Fair Labor Standards Act’s federal minimum wage.
Every year, Florida’s minimum wage is recalculated to consider the rate of inflation during the prior year, and according to the Florida Supreme Court, only upward adjustments are permitted. More...
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Tags: 2013, benefits & compensation administration, benefits & compensation administration, benefits & compensation administration, benefits & compensation administration, Benefits and Compensation, Benefits and Compensation Administration, bonuses & pay increases, bonuses & pay increases, Bonuses and Pay Increases, FLSA, Florida, Minimum Wage, Minimum Wage and Overtime, Wage and Hour, wage & hour, wage & hour, wage & hour
Categories: 2013, Human Resources
by The Human Equation, Inc.
on 8/21/2013
Title VII prohibits retaliation against employees who engage in protected activity, such as opposing or alleging unlawful workplace discrimination. Those suing for unlawful retaliation must prove that there is a link between the retaliation and their protected activity. But, how strong must the link be? The U.S. Supreme Court recently answered this question in University of Texas Southwestern Medical Center v. Nassar.
In this case, Dr. Nassar alleged that his supervisor was biased against him on account of his religion and ethnic heritage. His supervisor once remarked that “Middle Easterners are lazy,” and, upon hearing that another physician of Middle Eastern descent was hired, the supervisor said that the hospital had “hired another one.” Dr. Nassar lodged several complaints about his treatment. Thereafter, a series of events led to Dr. Nassar leaving the hospital for another position. More...
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Tags: 2013, Background and Reference Checks, benefits & compensation administration, benefits & compensation administration, benefits & compensation administration, Benefits and Compensation, Benefits and Compensation Administration, Business Strategy, Contractual and Other Liabilities, Disability and Discrimination Policies, Discrimination, employee relations and diversity, Employee Status and Job Descriptions, Employment Liability, Workplace Rights, Workplace Harassment and Discrimination, Title VII of the Civil Rights Act of 1964
Categories: 2013, Human Resources, Risk Management
by Martin Salcedo, Esq. - The Human Equation
on 7/17/2013
Who is considered a supervisor under Title VII? Since our last article discussing Vance v. Ball State University, the U.S. Supreme Court has given us the answer. According to the Court, a supervisor is a person
empowered by the employer to take tangible employment actions against the victim; to effect a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.
Vance involved allegations of racial harassment and discrimination in violation of Title VII. Though the parties disputed the precise nature and scope of the harasser’s duties, it was clear that the harasser did not have the power to hire, fire, demote, promote, transfer or discipline the plaintiff. Given the harasser’s inability to take a tangible employment action against the plaintiff, the Court held that the harasser does not qualify as a supervisor under Title VII. More...
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Tags: 2013, Background and Reference Checks, Benefits and Compensation, Benefits and Compensation Administration, bonuses & pay increases, Business Strategy, Contractual and Other Liabilities, Discrimination, EEOC, DOLFMLA, Employee Status and Job Descriptions, Employment Liability, Equal Employment Opportunity Commission, Laws and Regulations, Managers, Productivity and Performance, Rules and Conduct, Sexual Harassment, The Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964, Workplace Harassment and Discrimination, Workplace Rights
Categories: 2013, Human Resources, Risk Management
by Martin Salcedo, Esq. - The Human Equation
on 4/3/2013 Did you know that individuals can be held personally liable for violations of the Fair Labor Standards Act (FLSA)? The FLSA’s broad definition of employer includes “any person acting directly or indirectly in the interests of an employer in relation to an employee.” The Eleventh Circuit Court of Appeals recently considered when it is appropriate to hold someone personally liable for wage and hour violations under the FLSA.
In Lamonica v. Safe Hurricane Shutters, Inc., former employees sued their employer to recover unpaid overtime wages under the FLSA. The employees also sued two of the corporate-employer’s directors, arguing that they sufficiently controlled the corporation to justify holding them personally liable under the FLSA. To support their case against the directors, the employees showed that: More...
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Tags: 2013, benefits & compensation administration, benefits & compensation administration, Benefits and Compensation, Benefits and Compensation Administration, bonuses & pay increases, Bonuses and Pay Increases, Business Strategy, Employee Status and Job Descriptions, Employment Liability, Fair Labor Standards Act, FLSA, Hiring, Human Resources, Laws and Regulations, Managers, Risk Management, Rules and Conduct, The Fair Labor Standards Act (FLSA), wage & hour, wage & hour, Wage and Hour, Workplace Rights
Categories: 2013, Human Resources, Risk Management
by Martin Salcedo, Esq. - The Human Equation
on 1/8/2013 The Fair Labor Standards Act limits an employer’s ability to make salary deductions from employees who are exempt from the FLSA’s overtime compensation provisions. Exempt employees must generally receive their full salary for any week in which they perform any work, regardless of the number of days or hours worked. And, the FLSA generally does not allow employers to deduct from an exempt employee’s salary because of variations in the quality or quantity of work performed.
However, there are limited exceptions to the FLSA’s general rule against salary deductions for exempt employees. For example, salary deductions are allowed:
More... by Martin Salcedo, Esq. - The Human Equation
on 10/24/2012 Effective January 1, 2013, Florida’s minimum wage will be $7.79 per hour. This represents an increase of 12 cents over the 2012 minimum wage of $7.67 per hour. The minimum wage for tipped employees will increase by the same amount to $4.77 per hour.
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