Avoid Discrimination Lawsuits – Follow Simple Steps
As the saying goes, you get what you pay for. Employment discrimination lawsuits commonly cost tens of thousands to those who win them and hundreds of thousands more to those who don’t.
Employers face damages for lost wages, emotional injuries, an employee’s legal fees, and more. They can be ordered to train employees or submit to state oversight of their policies. Worst of all for defendants in employment discrimination lawsuits, they ultimately realize that the whole mess was preventable.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Employers Safe Harbor Are You There?
In the past year, the U.S. Department of Labor, the Equal Employment Opportunity Commission (EEOC), and the Internal Revenue Service all have announced a renewed focus on enforcement initiatives. With increased funding from the Obama administration, these agencies will have more investigators devoted to ensuring compliance with the laws that they enforce.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Determine Accurate “Work Time.”
The allegation relates to alleged working time, i.e. travel time, that the company did not pay workers for. These workers drive all over the New England performing installations, service and repairs. The case is entitled Nelson v. Ingersoll-Rand Co., and was filed in the U.S. District Court for the District of Massachusetts.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Sexual Harassment Claims Can Be Prevented
Workplace policies and training can prevent sex harassment claims. For example, the University of Texas Medical Branch at Galveston recently settled a case in which a male practice manager alleged that he had been sexually harassed by his female boss, and had been demoted when he complained. Due to a confidentiality agreement, none of the involved parties could comment.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Employers Top Five Wage And Hour Violations
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. First, the employee must be paid a minimum salary a week, which currently stands at $455. Then, the employee must pass a “duties” test in prescribed executive, administrative, professional, and outside sales classifications. Someone who just answers a phone or files paperwork is not going to survive the duties test.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Discrimination Case – Know When To Ask For Help
The issues may be hiring or dismissing an individual on the aforementioned criteria. It also includes any kind of promotion or demotion as well as providing or denying benefits or perhaps you have to face a hostile work environment. This can hamper your working capabilities. Whatever the type of discrimination if you are a victim of it, you need to take prompt action.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Wage and Hour Violations – Your Personal Liability
Business owners (as well as supervisors and managers involved in wage and hour policymaking/decision-making) must recognize the various theories under which they can be subject to personal liability and of course take actions to minimize such potential liabilities.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Misclassification and Other Initiatives To Encourage Employer
The proposed recordkeeping rules are the most imminent and are expected in August. Not surprisingly, these proposed rules will focus on the use/misuse of the independent contractor classification by employers. Ms. Leppink indicated that the rules should “enhance awareness among workers of their status as employees or independent contractors” and may even require employers to explain to any contractor the basis for a contractor, non-employee classification.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
The Department of Labor Expected to Apply Additional Pressure on Employers
The newly appointed Secretary of Labor, Hilda Solis, issued a statement on March 24, 2009 that the DOL is renewing its efforts to enforce labor laws across the country. With the addition of 250 field investigators provided to the DOL under the American Recovery and Reinvestment Act, businesses can be assured of increased audits.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Misclassifying Employees as Independent Contractors Can Be Costly
Independent contractors, for example, are not covered by company benefit plans, and payroll withholdings and deductions do not apply. They are not entitled to statutory benefits and protections afforded to traditional employees, such as unemployment compensation and workers’ compensation. Moreover, in many instances, independent contractors cannot take advantage of various federal and state antidiscrimination, minimum wage, and overtime laws.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
