Tracking Time Off Can Be a Human Resource Problem

January 24, 2011 by wgarnett  
Filed under Wes' Blog

Many landscapers severely underestimate the scope, complexity and financial impact of employee leaves of absence. Depending upon the size of the company and the state(s) in which it conducts business, there could be 15-20 different types of employee leaves of absence that must be communicated, documented and managed to remain legally compliant. Failure to maintain compliance can produce significant legal costs to the company, and in several cases, financial costs can even be applied against the employer’s personal assets.

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

Wage and Hour Compliance – What Are YOU Doing About It?

November 29, 2010 by wgarnett  
Filed under Wes' Blog

70% of employers are routinely violating wage and hour laws, according to estimates by the Department of Labor. Hyperbole? Maybe. But maybe not, when you consider that the Wage and Hour Division’s recovery of back wages for Fiscal Years 2001 through 2008 was a staggering $1.4 billion.

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

Exemptions – Are There Overtime Exceptions?

November 21, 2010 by wgarnett  
Filed under Wes' Blog

The Fair Labor Standards Act (”FLSA”) requires that an employer pay employees overtime — at least one and a half times the employee’s base pay — for all hours worked in excess of forty (40) hours in one workweek. However, certain employees are “exempt” from the FLSA’s overtime mandate if the employee meets certain federally-mandated requirements. For an employee to be considered exempt, there are three tests that the employee must meet.

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

A Big Danger To Employers – FLSA

November 21, 2010 by wgarnett  
Filed under Wes' Blog

The longer the problem is ignored, the worse it gets. Here’s why: Take several minutes of unpaid work a day, multiply it by a population of hundreds of workers, let damages accumulate over several years, and double the wage loss. And that’s just the beginning. Don’t forget plaintiffs’ costs, and the company’s time spent defending claims. See how easily a simple, seemingly innocent wage and hour violation can ignite a litigation explosion?

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

Changing Workplace Habits Can Eliminate FLSA Risks

November 14, 2010 by wgarnett  
Filed under Wes' Blog

Old habits are hard to change and new ones are hard to establish. But that’s just what is needed if employers want to put the major risk of Fair Labor Standards Act (FLSA)  liability behind them for the long term.

In many organizations, it’s common for employees to work through lunch, attend midday meetings where a meal is provided, or take training courses on their own time.

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

Meal Breaks Under New Wage and Hour Case

November 7, 2010 by wgarnett  
Filed under Wes' Blog

State law requires that employers provide employees with breaks but does not mandate that employers monitor employees’ activities to ensure that breaks are taken. The Trial court did not abuse discretion by denying class certification in action by employee alleging violation of the law governing breaks where discovery demonstrated that practices of employer, a restaurant chain, varied widely from location to location–and possibly from one supervisor to another–with some employees saying they got all of their breaks, some that they were denied breaks, some that they did not take breaks, and some that they received only some of the breaks provided for by law, making it reasonable to conclude that individual issues would predominate over class-wide ones.

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

Protect You and Your Employees From Overtime Violations

November 7, 2010 by wgarnett  
Filed under Wes' Blog

Under the Fair Labor Standards Act (FLSA), administered by the U.S. Department of Labor’s Wage and Hour Division, hourly employees must be paid overtime at time-and-a-half for working more than 40 hours in a workweek. Overtime pay may not be waived by any agreement between you and your workers.

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

Face the Consequences When Misclassifying Employees

October 30, 2010 by wgarnett  
Filed under Wes' Blog

Wage and hour law violations are already one of the most common causes of employment litigation and regulatory audits, and now the U.S Department of Labor along with multiple states, have announced new legislation and enforcement guidelines. It is more important than ever that employers ensure that all employees are correctly classified as exempt or non-exempt and are paid accurately according to the classification.

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

Prepare For the Crackdown From DOL

September 5, 2010 by wgarnett  
Filed under Wes' Blog

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

Lawsuits Are On The Rise – Wage And Hour

August 22, 2010 by wgarnett  
Filed under Wes' Blog

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

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