Exempt vs. Nonexempt: Most Confusing Wage/ Hour Issue
Determining whether employees are exempt or nonexempt is the most confusing wage and hour issue, according to a recent BLR poll. While this area of employment law is complex, it’s important for employers to make sure they are classifying workers correctly, especially given the rise in wage and hour claims.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Companies Will Face Additional Pressure From Department of Labor
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
1-303-658-9342
Your Company’s Compliance With Wage/Hour? Not Likely
DOL recently announced that it will change dramatically how it regulates employers’ compliance with certain federal laws. Within the next year, it will issue regulations requiring employers to take affirmative steps to ensure compliance with federal wage-and-hour, safety, and anti-discrimination laws.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
How to Avoid Wage and Hour Legal Action
Wage and hour compliance is one of the hot button words for the company in 2010 with the promise of increased inspections and fines is the Internal Revenue Service (IRS) and the Department of Labor (DOL). This does not apply to state or local tax agencies, which also intensified its efforts in this area can. It ‘been reported that non-governmental wage settlements in 2009 and 44% more than in 2008, he grew up. For an application under the Federal Fair Labor Standards Act (FLSA) broughtAction for compensation amounts increased from $ 253,000,000 in 2008 to 364 million U.S. dollars in 2009. Below are some problem areas and wages, the court proceedings have historically done and continue to employers for a litigation quagmire.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Tracking Time Off Can Be a Human Resource Problem
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.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Employer Obligations to Temporary Workers
Since a host employer often exercises control over temps regarding daily tasks, working hours or similar conditions of employment, it can become a joint employer under various laws.
W. Garnett & Associates
Human Capital Management
1-303-658-9340
Wage and Hour Compliance – What Are YOU Doing About It?
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.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Exemptions – Are There Overtime Exceptions?
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.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
A Big Danger To Employers – FLSA
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?
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Changing Workplace Habits Can Eliminate FLSA Risks
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.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
