A Boulder, CO Representative Wants to Penalize Employers

March 8, 2010 by wgarnett  
Filed under Wes' Blog

That’s why Rep. Claire Levy, D-Boulder, introduced a measure into the Colorado Legislature this session that would implement a new provision in discrimination cases tried in state courts that could leave small businesses liable for compensatory and punitive damages should they lose.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Husk Energy Failure to Pay the Required Minimum Wage and Overtime

March 8, 2010 by wgarnett  
Filed under Wes' Blog

Just last week the U.S. Department of Labor announced that Husk Energy, a petroleum refinery in Lima, Ohio, agreed to pay nearly $1,000,000 in back wages after an investigation by the Department of Labor in which it was found that its employees were not being paid overtime compensation.

Link to the article

W. Garnett & Associates
Human Capital Management
1-888-884-3910

$450,000 Fine Hits Landscape Company

March 6, 2010 by wgarnett  
Filed under Wes' Blog

According to the news release, Peach Tree Maintenance Inc. employed a combination of foreign and local workers. Twenty-four employees were hired under the federal H-2B “nonimmigrant program that permits employers to hire foreign workers to meet a temporary need for nonprofessional, nonagricultural skills.”

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Common Mistakes and Avoiding FLSA Compliance

March 6, 2010 by wgarnett  
Filed under Wes' Blog

For some reason, many employers unwittingly run afoul of the FLSA just by carrying out what they deem to be commonsensical approaches to managing their employees. Need an employee to stay an extra hour or two so you promise that person equal “comp” time off, forget it—you’ve probably just committed wage theft by not paying overtime. Let’s examine some common mistakes like this one that employers make.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Steps Employers Can Take to Avoid Liability

March 6, 2010 by wgarnett  
Filed under Wes' Blog

Well-intentioned employers often find inadvertent paperwork errors or technical violations during their internal audits; some seemingly harmless errors and omissions are actually considered substantive violations that carry significant fines.  For example, the failure of an employer to ensure that an individual employee checks the Form I-9’s box for “citizen,” “lawful permanent resident,” or “authorized to work until a specified date” is a substantive violation.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Administrative Employees vs. The Administrative Exemption

March 5, 2010 by wgarnett  
Filed under Wes' Blog

In fact, the administrative exemption only applies to a narrow group of employees – those whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers, and which includes the exercise of discretion and independent judgment with respect to matters of significance.

Link to article.

W. Garnett & Associates
Human Capital Management
1-888-884-3910

Southern Companies Under ICE Inspection Notice

March 4, 2010 by wgarnett  
Filed under Wes' Blog

There is no doubt that ICE is making a renewed effort to focus on holding employers accountable for their hiring practices. We expect more NOIs to be issued in the near future. We encourage employers to conduct internal I-9 audits and put their internal immigration compliance programs in order.

Link to the article.

W. Garnett & Associates
Human Capital Management
1-888-884-3910

Goodbye Cake or Just Plain Goodbye?

March 4, 2010 by wgarnett  
Filed under Wes' Blog

Maybe you’re going to a competitor or maybe the boss is annoyed you’re leaving. Or maybe the company doesn’t want you hanging around reminding everyone you’re heading to something bigger and better. Whatever the reason, the company can send you out the door with nary a penny more than what you had earned up to that point with one exception — if you have a contract.

Link to article.

W. Garnett & Associates
Human Capital Management
1-888-884-3910

Outsourcing Gives Small Businesses Practical HR Options

March 2, 2010 by wgarnett  
Filed under Wes' Blog

When times get tough the tough get swamped. Even in good times small-business owners shoulder multiple responsibilities. Concentrating on the revenue-producing and operational side of things is even harder when the economy turns down and there are fewer employees to share the burden.

Link to article.

W. Garnett & Associates
Human Capital Management
1-888-884-3910

Cincinnati Firm Fined After Worksite Investigation

March 1, 2010 by wgarnett  
Filed under Wes' Blog

Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. The fine relates to I-9 violations at Koch’s Fairfield, Ohio, facility. The company has cooperated with ICE in the investigation employing the use of E-Verify and ensuring that its policies and procedures are in compliance with legal requirements.

Link to article.

W. Garnett & Associates
Human Capital Management
1-888-884-3910

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