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.
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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.
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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 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 3/12/2013 The Fair Labor Standards Act (FLSA) establishes federal standards for minimum wage and overtime compensation. Under the FLSA, interns in the for-profit private sector will generally be viewed as employees entitled to compensation except in very limited circumstances.
Whether an individual working in an internship or training program is considered an employee that should be paid minimum wage and overtime compensation under the FLSA depends on the facts and circumstances. When making this determination, the following criteria must be applied to each particular situation:
- The internship, even though it includes performing actual work, is similar to training which would be given in an educational environment;
- The internship experience is for the benefit of the intern;
- The intern works under close supervision of existing staff and does not displace regular employees;
- The employer derives no immediate advantage from the activities of the intern, and its operations may occasionally be impeded by the intern;
- The intern is not necessarily entitled to a job at the conclusion of the internship; and
- The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.
More... 4b02e3c8-9ccf-4d81-8c11-7786147a1b7c|0|.0
Tags: 2013, FLSA, Fair Labor Standards Act, Employment Liability, Employee Status and Job Descriptions, The Fair Labor Standards Act (FLSA), Internships, Workplace Rights, wage & hour, Unpaid Internship
Categories: 2013, Human Resources, Risk Management
by Martin Salcedo, Esq. - The Human Equation
on 1/29/2013 The 11th Circuit Court of Appeals recently became the first federal appellate court to consider a significant, though rarely publicized, provision of the Affordable Care Act—the reasonable break time requirement for nursing mothers under the Fair Labor Standards Act (FLSA).
In Miller v. Roche Surety and Casualty, an employee sued her employer alleging a violation of her rights as a nursing mother under the FLSA. Under the FLSA, employers are required to provide reasonable break time for an employee to express breast milk for her nursing child. This requirement, which extends for 1 year after the child's birth, requires an employer to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public,” so that the employee may express breast milk.
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Tags: 2013, Fair Labor Standards Act, FLSA, Human Resources, Workplace Rights, The Fair Labor Standards Act (FLSA), Risk Management, Rules and Conduct, Reasonable Break Requirement, Nursing Mothers
Categories: 2013, Human Resources, Risk Management
by Martin Salcedo, Esq. - The Human Equation
on 9/17/2012 Employers who rely on job titles when determining whether an employee is exempt from federal overtime pay requirements risk being named as defendant in a wage and hour lawsuit.
Employers often assume that the Fair Labor Standards Act’s (FLSA’s) executive exemption automatically applies to any employee given the title of “manager.” The reality, however, is that the manager title has virtually nothing to do with whether an employee qualifies for the executive exemption. More...
2a79dce5-789d-40bd-8557-7eec070c8636|0|.0
Tags: 2012, Benefits and Compensation Administration, Bonuses and Pay Increases, Employment Liability, Employee Status and Job Descriptions, Laws and Regulations, The Fair Labor Standards Act (FLSA), Wage and Hour, Managers, Overtime Pay, Overtime
Categories: 2012, Human Resources, Risk Management
by The Human Equation, Inc.
on 9/15/2010 On July 19, 2010, the Department of Labor’s (DOL) Final Rule pertaining to child labor regulations became effective. More...
by The Human Equation, Inc.
on 4/19/2010 On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (Act). More...
by The Human Equation, Inc.
on 12/14/2009 To the uninitiated, compliance with the Fair Labor Standards Act (FLSA) appears to demand little more than the simple task of multiplying the number of hours worked by the appropriate wage. More...
by The Human Equation, Inc.
on 6/22/2009 As an alternative to laying off employees, we are considering the option of implementing a 4-day workweek, along with a commensurate reduction in pay. Is such a course of action permissible under the Fair Labor Standards Act? More...
by The Human Equation, Inc.
on 9/11/2008 Pursuant to the Fair Labor Standards Act's executive exemption, our salaried store managers are not eligible for overtime compensation. More...
by The Human Equation, Inc.
on 9/4/2008 Our outside sales employees travel to prospects' places of business for the purpose of making sales. They are paid strictly on a commission basis and do not receive a fixed salary. Are these employees exempt from the Fair Labor Standards Act's overtime pay requirements? More...
by The Human Equation, Inc.
on 4/15/2008 During a recent pay period, a non-exempt employee, because she worked on a paid holiday within that workweek, became entitled to 40 hours of regular pay plus eight hours of holiday pay. More...
by David Khan
on 12/31/2003 In 1938, Congress enacted the Fair Labor Standards Act (FLSA). This federal legislation mandates payment of minimum wage, overtime pay, restrictions on the employment of children, and record keeping. More...