by Martin Salcedo, Esq. - The Human Equation
on 8/18/2015 In March 2014, President Obama directed the Secretary of Labor to “modernize and streamline” the Fair Labor Standards Act’s overtime exemption regulations governing executive, administrative and professional employees. On July 6, 2015, the Department of Labor (DOL) published its proposed regulatory changes to these so-called ‘white collar’ overtime exemptions, and despite their significance, they are quite simple.
The DOL essentially proposed three general changes to the white collar overtime exemptions.
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by Martin Salcedo, Esq. - The Human Equation
on 11/12/2014 The current federal minimum wage under the Fair Labor Standards Act (FLSA) is $7.25 per hour ($2.13 for tipped employees). Some states, however, have established their own minimum wage, and employees in these states are entitled to whichever minimum wage is higher. Given the existence of multiple minimum wage rates, employers, particularly those operating in more than one state, must know which minimum wage rate (or rates) may apply to their operations.
According to the National Conference of State Legislatures:
- 38 states introduced minimum wage bills and 34 states considered minimum wage increases during the 2014 legislative session.
- 23 states and D.C. have minimum wages above the federal minimum wage as of August 1, 2014.
- 18 states have minimum wages that are the same as the federal minimum wage.
- 3 states have minimum wages below the federal minimum wage, so the federal minimum wage applies.
- 5 states do not have a state minimum wage.
More... by Martin Salcedo, Esq. - The Human Equation
on 10/1/2014 Employers will soon have new rules to follow after experiencing workplace injuries and illnesses. The Occupational Safety and Health Administration (OSHA) recently published regulations regarding the reporting and recordkeeping requirements under the Occupational Safety and Health Act’s (“Act”). These new rules, which become effective on January 1, 2015, modify an employer’s obligation to report workplace injuries and illnesses to OSHA and to routinely keep records of injuries and illnesses.
Reporting Requirements
Though a majority of workplace injuries and illnesses do not have to be reported to OSHA, some do. Like the current rules, the new rules require employers to notify OSHA within 8 hours of an employee’s work-related death. Under the new rules, employers are no longer required to notify OSHA of any work-related hospitalization of 3 or more employees. However, under the new rules, employers will be required to notify OSHA within 24 hours of any work-related incident that results in:
- the in-patient hospitalization of one or more employees (the formal admission to a hospital or clinic for care or treatment, rather than merely observation or diagnostic testing);
- an employee’s amputation (the traumatic loss of a limb or other external body part); or
- the loss of an employee’s eye.
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Tags: 2014, OSHA, Occupational Safety and Health Administration, Employment Liability, Human Resources, Risk Management, Safety and Health, safety policies and administration, Wellness, Workplace Safety, Labor Statistics, Injury
Categories: 2014, Human Resources
by Martin Salcedo, Esq. - The Human Equation
on 7/9/2014 When has an employer done enough to avoid liability for disability discrimination? Though hard and fast rules are rare in employment discrimination cases, particularly those involving disabilities, the Tenth Circuit Court of Appeals recently held that employers are almost never required to provide more than 6 months leave to an employee with a disability.
The quality versus cost argument is nothing new especially when it comes to insurance. Consumers who pay less tend to get less, whether in the form of coverages, limits or financial security. And, when people choose cost over quality, it usually means they are uninformed about what they really need.
In Hwang v. Kansas State University, an assistant professor working under a one year employment contract was diagnosed with cancer. KSU gave Ms. Hwang a six-month paid leave of absence so she could get treatment. On the advice of her doctor, Ms. Hwang requested additional time off. According to Ms. Hwang, KSU refused her request and effectively terminated her employment.
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Tags: 2014, ADA, Americans with Disabilities Act, Civil Rights Act, Employee Relations and Communication, employee relations and diversity, Employee Status and Job Descriptions, Employment Liability, Florida, government forms, Human Resources, Laws and Regulations, Leaves of Absence, Risk Management, Rules and Conduct, United States Department of Labor, Workplace Rights, Hwang V. Kansas, Kansas State University
Categories: 2014, Human Resources
by Martin Salcedo, Esq. - The Human Equation
on 6/4/2014 Though dealing with a disgruntled employee can be hard, various anti-retaliation protections make it even harder when an employee’s complaints or conduct is protected by law. A 2013 Congressional Report identified 40 different federal whistleblower and anti-retaliation laws, including:
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Tags: Civil Rights Act, FLSA, employee relations and diversity, Employment Liability, Employee Status and Job Descriptions, Equal Employment Opportunity Commission, Fair Labor Standards Act, Hiring, Human Resources, Laws and Regulations, Productivity and Performance, Reasonable Break Requirement, Reassignment, Risk Management, Rules and Conduct, the employee polygraph and protection act of 1988, The Family and Medical Leave Act, Title VII, Title VII Civil Rights Act, Title VII of the Civil Rights Act of 1964, Workplace Rights, 2014, Americans with Disabilities Act
Categories: 2014, Human Resources
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 4/30/2013
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...
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Tags: 2013, Background and Reference Checks, Business Strategy, Contractual and Other Liabilities, Employee Status and Job Descriptions, Employment Liability, government forms, Human Resources, Hiring, Interviewing, Laws and Regulations, personnel forms and handbooks, Risk Management, Workers' Compensation, Form I-9, I-9s, US Citizenship and Immigration Service, USCIS, New I-9
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 1/29/2013 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 11/20/2012 An employer’s liability for sexual harassment under Title VII of the Civil Rights Act depends on whether the harasser is a supervisor. If the alleged harasser is the victim’s co-employee, the employer may have various defenses to liability. However, if the harasser is a supervisor, Title VII’s strict liability standard may be triggered and the employer may be left defenseless.
So, who is considered a supervisor under Title VII?
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Tags: 2012, Business Strategy, Discrimination, EEOC, Employee Status and Job Descriptions, Employment Liability, Equal Employment Opportunity Commission, Fair Labor Standards Act, Human Resources, Laws and Regulations, Managers, Risk Management, Rules and Conduct, Title VII of the Civil Rights Act of 1964, Workplace Rights, Workplace Harassment and Discrimination, Sexual Harassment, Obama, Supreme Court, November, Vance v. Ball State University
Categories: 2012, Human Resources, Risk Management
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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