by Martin Salcedo, Esq. - The Human Equation
on 8/11/2016 Can employers offer incentives to encourage participation in wellness programs that ask disability-related questions or require medical examinations? Though the Americans with Disabilities Act (ADA) permits health-related inquiries and medical examinations that are part of a voluntary health program, ADA regulations didn’t address whether employers may offer incentives to encourage employee participation in these health programs...until now.
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Tags: benefits & compensation administration, Business Strategy, Benefits and Compensation Administration, Disability and Discrimination Policies, Discrimination, Workplace Rights, health, benefits, group benefits, wellness
Categories: 2016, Human Resources, Safety
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 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.
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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
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 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 1/6/2012 Under the Fair Labor Standards Act (FLSA), employers are required to pay employees the appropriate minimum wage and overtime rate for every compensable hour worked. Determining the number of hours worked by an employee is ordinarily a routine matter. However, when travel time is involved, employers must understand that the FLSA treats different types of travel, well, differently. More...
5dc817f6-bbf0-429d-a976-01e745992128|0|.0
Tags: Human Resources, Wage and Hour, Business Strategy, Benefits and Compensation, bonuses & pay increases, benefits & compensation administration, Laws and Regulations, Leaves of Absence, FLSA, Fair Labor Standards Act, Overtime Pay, Overtime, Travel
Categories: 2011, Human Resources