by Martin Salcedo, Esq. - The Human Equation
on 3/9/2016 Are you a joint employer? According to the Department of Labor (DOL), instances of joint employment are increasing due to economic forces and technological advancements. Since joint employers may be held responsible for violations of various federal employment laws, like the Fair Labor Standards Act, employers must know whether they may be involved in a potential joint employment situation.
More... by Martin Salcedo, Esq. - The Human Equation
on 10/20/2015 The Department of Labor (DOL) recently gave a free lesson about misclassifying employees as independent contractors under the FLSA.
Those failing this lesson may get another from the DOL, but it probably won’t be free. Since the DOL is making an effort to identify and remedy employee misclassification, employers should be doing the same.
More...
by Martin Salcedo, Esq. - The Human Equation
on 4/23/2014 Chances are there is a bully in your workplace, and that’s bad for business. The Workplace Bullying Institute (WBI) defines bullying as repeated mistreatment involving physically or verbally abusive conduct that is threatening, intimidating or humiliating, or that interferes with or prevents work from getting done. According to the WBI’s 2014 Workplace Bullying Survey:
- 27% are or have been victims of workplace bullying
- 21% have witnessed workplace bullying
- 23% are aware of workplace bullying
- 65 million workers are affected by workplace bullying
Though the frequency of workplace bullying may come as a surprise to some, the consequences should not. Workplace bullying typically increases employee turnover, decreases productivity, reduces job satisfaction, undermines morale, increases workers’ compensation costs and increases employment-related litigation costs.
More...
8086562a-eb77-4bb6-9d46-1a7e307704da|0|.0
Tags: 2014, Business Strategy, Contractual and Other Liabilities, Department of Labor, Discrimination, DOL, EEOC, Employment Liability, Fair Labor Standards Act, FLSA, Laws and Regulations, Rules and Conduct, Safety and Health, The Fair Labor Standards Act (FLSA), Workplace Harassment and Discrimination, Workplace bullying, bully, Title VII Civil Rights Act, Civil Rights Act, Title VII, WBI, Workplace Bullying Institute
Categories: 2014, Human Resources, Safety
by Martin Salcedo, Esq. - The Human Equation
on 3/12/2014 According to the Equal Employment Opportunity Commission, charges of religious discrimination brought under Title VII of the Civil Rights Act are steadily increasing. These charges often involve religious dress and grooming practices, such as:
- wearing religious clothing or articles, such as a Muslim hijab (headscarf), a Sikh turban or a Christian cross
- observing a religious prohibition against wearing certain garments, such as a Muslim, Pentecostal Christian, or Orthodox Jewish woman's practice of not wearing pants or short skirts
- adhering to shaving or hair length observances, such as a uncut hair and beard (Sikh), dreadlocks (Rastafarian) or peyes/side locks (Jewish)
Title VII, which protects all aspects of religious observance, practice and belief, defines religion very broadly. It protects not only traditional, organized religions, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or may seem illogical or unreasonable to others.
More...
23368028-c36d-4f9c-87c2-3eb6e76ff5c0|0|.0
Tags: 2014, Business Strategy, Department of Labor, Discrimination, diversity, EEOC, employee relations and diversity, Employment Liability, Equal Employment Opportunity Commission, Fair Labor Standards Act, FLSA, Human Resources, Laws and Regulations, The Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964, Workplace Rights, Workplace Harassment and Discrimination
Categories: 2014, Human Resources
by Martin Salcedo, Esq. - The Human Equation
on 10/2/2013
On September 17, 2013, the Department of Labor (DOL) announced a final rule that will extend the Fair Labor Standards Act’s minimum wage and overtime protections to most of the nation’s workers who provide home care assistance to elderly people and people with illnesses, injuries and disabilities. The DOL estimates that when it becomes effective on January 1, 2015, this new rule will extend the FLSA’s protections to nearly two million direct care workers.
According to the DOL, direct care workers remain among the lowest paid in the service industry because they have been denied minimum wage and overtime compensation under the FLSA’s companionship services exemption. The DOL suggests that courts have applied this exemption too broadly to encompass essentially all workers providing companionship services for those requiring care because of age or infirmity.
More...
7e481ce5-ed86-48eb-bafd-8b778b80282a|0|.0
Tags: 2013, benefits & compensation administration, Disability and Discrimination Policies, Discrimination, DOL, Employee Status and Job Descriptions, Employment Liability, FLSA, Fair Labor Standards Act, Department of Labor, Minimum Wage and Overtime, Home Care Assistance, Direct Care Workers, Third Party Employers
Categories: 2013, Human Resources, Risk Management