W. Garnett & Associates: Human Capital Management Solutions » Department of Labor http://wgarnett.com Human Capital Management Solutions For The REAL World Sun, 05 Sep 2010 17:40:24 +0000 http://wordpress.org/?v=2.8.5 en hourly 1 The Hospitality Industry Is In the Sights of DOL http://wgarnett.com/wes-blog/hospitality-industry-is-in-the-sights-of-dol/ http://wgarnett.com/wes-blog/hospitality-industry-is-in-the-sights-of-dol/#comments Sun, 05 Sep 2010 17:40:24 +0000 wgarnett http://wgarnett.com/?p=3736 Armed with additional funding in the FY 2011 budget, Solis has gone on a hiring spree, adding 710 enforcement staff, including bilingual investigators. The number of inspectors has increased by more than one third. The department’s $14 billion discretionary budget request includes a 4 percent increase for worker protection programs, with the goal of restoring funding and staffing for these programs to FY 2001 levels.

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]]> http://wgarnett.com/wes-blog/hospitality-industry-is-in-the-sights-of-dol/feed/ 0 Why Policies, Procedures, Manuals & Training are Important http://wgarnett.com/wes-blog/why-policies-procedures-manuals-training-are-important/ http://wgarnett.com/wes-blog/why-policies-procedures-manuals-training-are-important/#comments Sun, 05 Sep 2010 17:09:39 +0000 wgarnett http://wgarnett.com/?p=3700 There are strict labor laws governing minimum wage, rest breaks, and overtime.  Overtime is one of the areas that is least understood and the area that employers try to circumnavigate.  One argument or justification that employers try to use is the total number of hours worked in a pay period, rather than what the law clearly states, and that is overtime accrues on a week to week basis, regardless of the pay period. 

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]]> http://wgarnett.com/wes-blog/why-policies-procedures-manuals-training-are-important/feed/ 0 Prepare For the Crackdown From DOL http://wgarnett.com/wes-blog/prepare-for-the-crackdown-from-dol/ http://wgarnett.com/wes-blog/prepare-for-the-crackdown-from-dol/#comments Sun, 05 Sep 2010 16:57:43 +0000 wgarnett http://wgarnett.com/?p=3698 The U.S. Department of Labor (DOL) is stepping up efforts to encourage and support certain types of wage-loss claims by low-income workers. Labor Secretary Hilda Solis announced in April that the department was rolling out its “We Can Help” campaign to address this issue.

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]]> http://wgarnett.com/wes-blog/prepare-for-the-crackdown-from-dol/feed/ 0 Hospitality Industry Is Being Targeted By Department of Labor http://wgarnett.com/wes-blog/hospitality-industry-is-being-targeted-by-department-of-labor/ http://wgarnett.com/wes-blog/hospitality-industry-is-being-targeted-by-department-of-labor/#comments Sat, 04 Sep 2010 15:30:11 +0000 wgarnett http://wgarnett.com/?p=3732 What happens if the DOL asserts that an employer has violated the law? The DOL will require the employer to take action to correct the violations, which can include payments of back wages to employees. These payments may go back two or three years. The DOL has other tools at its disposal as well. It may seek an injunction to prevent the employer from committing future violations. This can be an especially dangerous tactic because, if the employer commits future violations, it could be found in contempt of the court’s order and be subjected to additional penalties and/or sanctions. The DOL can also impose fines of up to $1,000 per employee for willful violations. In rare cases, it can seek criminal prosecution. It may also refer any violation of immigration laws to the Department of Homeland Security.

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]]> http://wgarnett.com/wes-blog/hospitality-industry-is-being-targeted-by-department-of-labor/feed/ 0 Wage And Hour Compliance Costly Mistakes http://wgarnett.com/wes-blog/wage-and-hour-compliance-costly-mistakes/ http://wgarnett.com/wes-blog/wage-and-hour-compliance-costly-mistakes/#comments Sun, 22 Aug 2010 14:16:28 +0000 wgarnett http://wgarnett.com/?p=3690 In fact, that legislation spawned the appearance of mandated labor law posters in the workplace. Then, as additional labor and employment laws were passed over the decades, including the landmark Civil Rights Act of 1964 and then the Occupational Safety and Health Act (OSHA) in 1970, the posters began multiplying, and soon an entire labor law poster compliance industry was born, spearheaded in large part by Personnel Concepts in California, to this day still the industry’s premier provider.

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]]> http://wgarnett.com/wes-blog/wage-and-hour-compliance-costly-mistakes/feed/ 0 Lawsuits Are On The Rise – Wage And Hour http://wgarnett.com/wes-blog/lawsuits-are-on-the-rise-wage-and-hour/ http://wgarnett.com/wes-blog/lawsuits-are-on-the-rise-wage-and-hour/#comments Sun, 22 Aug 2010 14:10:27 +0000 wgarnett http://wgarnett.com/?p=3689 As the recession has worsened, employers have looked deeper and deeper into their budgets for ways to cut costs. Things that once seemed critical to good business now often seem like luxuries.  One of the things that often gets sacrificed is training. Ironically, taking a look around at the headlines lately, it quickly becomes clear that training is more important than ever during this recession.

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]]> http://wgarnett.com/wes-blog/lawsuits-are-on-the-rise-wage-and-hour/feed/ 0 Wage And Hour Five Costly Compliance Mistakes http://wgarnett.com/wes-blog/wage-and-hour-five-costly-compliance-mistakes/ http://wgarnett.com/wes-blog/wage-and-hour-five-costly-compliance-mistakes/#comments Mon, 16 Aug 2010 15:03:20 +0000 wgarnett http://wgarnett.com/?p=3662 Misclassifying employees as exempt when they are actually non-exempt and subject to overtime pay. Employers often think that just by paying someone a salary, you can make that person exempt from overtime and avoid paying for hours worked beyond 40 a week. Paying a salary, according to the FLSA and the clarifying Fair Pay Overtime Rules of 2004, however, is just one part of the equation in granting an employee an overtime exemption.

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]]> http://wgarnett.com/wes-blog/wage-and-hour-five-costly-compliance-mistakes/feed/ 0 The Fair Labor Standards Act (FLSA) – Hotels and Motels http://wgarnett.com/wes-blog/the-fair-labor-standards-act-flsa-hotels-motels/ http://wgarnett.com/wes-blog/the-fair-labor-standards-act-flsa-hotels-motels/#comments Mon, 16 Aug 2010 14:49:55 +0000 wgarnett http://wgarnett.com/?p=3661 The primary function of a hotel or motel is to provide lodging facilities to the general public. In addition, most hotels or motels provide food to guests and many sell alcoholic beverages. These establishments may also earn revenue from other activities such as valet services offering cleaning and laundering of garments for guests, news stands, and renting out rooms for meetings, lectures, trade exhibits, and weddings.

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]]> http://wgarnett.com/wes-blog/the-fair-labor-standards-act-flsa-hotels-motels/feed/ 0 Is Your Employer Misclassifying your job? http://wgarnett.com/wes-blog/is-your-employer-misclassifying-your-job/ http://wgarnett.com/wes-blog/is-your-employer-misclassifying-your-job/#comments Sun, 01 Aug 2010 17:13:14 +0000 wgarnett http://wgarnett.com/?p=3658 It’s no secret that the current economic downturn has affected everyone – especially employers who are looking for ways to save money. Unfortunately, some employers are violating the Fair Labor Standards Act (FLSA) in the process. So, what are your rights and can you fight back without losing your job?

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]]> http://wgarnett.com/wes-blog/is-your-employer-misclassifying-your-job/feed/ 0 Number One Spot in EEOC Complaints – Retaliation Claims http://wgarnett.com/wes-blog/number-one-spot-in-eeoc-complaints-retaliation-claims/ http://wgarnett.com/wes-blog/number-one-spot-in-eeoc-complaints-retaliation-claims/#comments Sun, 01 Aug 2010 16:02:37 +0000 wgarnett http://wgarnett.com/?p=3659 The reason for the rise in retaliation claims is simple – they are easier to prove and the damage awards are often higher than claims of discrimination. Retaliation claims typically assert that an employer took some adverse action against an employee, because the employee exercised a legal right, such as filing a discrimination claim. Courts often rule in favor of employees in the retaliation part of their lawsuits, even when the underlying discrimination claim is dismissed.

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