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New White Collar Overtime Exemption Rules Are Coming...Now What?

by Martin Salcedo, Esq. - The Human Equation on 6/15/2016
Excited Employer FLSA

On December 1, 2016, employers will have to pay more to take advantage of the Fair Labor Standards Act’s (FLSA) so-called white collar overtime exemptions. To prepare for the upcoming change, employers need to know whether and to what extent they will be affected by the new overtime exemption regulations.

The new rules focus primarily on the minimum salary and compensation levels needed to qualify for the FLSA’s executive, administrative, professional and computer employee overtime exemptions. Employers can ask the following questions to determine the potential impact of the new overtime rules before it’s too late.

Are there any employees classified as exempt under one of the FLSA’s white collar overtime exemptions? If no, you should not be affected by the higher standard salary levels under the new rules. If yes, move on to the next question. More...

The New Form I-9: What’s Different?

by Martin Salcedo, Esq. - The Human Equation on 4/30/2013
paperwork

Those of you following us on Facebook or Twitter know that the U.S. Citizenship and Immigration Service (USCIS) recently revised the Employment Eligibility Verification Form (Form I-9). Though optional since early March 2013, the revised Form I-9 will become mandatory on May 7, 2013. As of this date, employers must stop using prior versions of the Form I-9 and begin using the version dated 03/08/13. (The version date can be found at the bottom of the form.)

I-9’s are used by employers to verify the identity and employment authorization of every new employee hired in the United States, regardless of citizenship. This process is authorized by the Immigration Reform and Control Act to preclude the unlawful hiring, recruiting or accepting a fee for the referral of aliens who are not authorized to work in the United States. More...

ADA Court Ruling Shocks Employers - Reassignment may be a Reasonable Accommodation

by Martin Salcedo, Esq. - The Human Equation on 10/17/2012

The Equal Employment Opportunity Commission (EEOC) sued United Airlines since disabled employees who could no longer do their jobs had to compete for vacant positions instead of being automatically reassigned. According to the EEOC, this practice violates the Americans with Disabilities Act (ADA).

When the EEOC made a similar argument to the Seventh Circuit Court of Appeals in 2000, the Court held that the ADA does not require an employer to reassign a disabled employee to a job for which there is a better applicant—provided it is the employer's consistent and honest policy to hire the best applicant for the particular job in question.

Undeterred, the EEOC again asked the Court to answer the same question. This time around, the EEOC got a different answer. More...

Preventing Violence in the Workplace: Taking an Active Role in the Process before OSHA Does

by Martin Salcedo, Esq. - The Human Equation on 8/10/2011

The death of one employee and the wounding of another, both allegedly caused by a client of an addiction treatment facility, caught the attention of the Occupational Safety & Health Administration (OSHA). OSHA cited the treatment facility with a serious violation for failing to adhere to the Occupational Safety & Health Act's (Act) general duty clause, which provides that all employers have a general duty to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm. Violence in the workplace certainly falls within this category. More...

Effectively Managing Occupational Injury and Illness

by Scott A. Pustizzi, SPHR on 12/31/2003

In today's workplace environment, it is vital to manage work-related injuries and illnesses with competence and concern. All too often, employers limit their case management efforts to fulfill only the basic requirements and neglect to maintain an open dialogue with the employee about recovery and return to work. More...

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Categories: 2004, Safety

The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

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