Podcasts about flsa

  • 149PODCASTS
  • 399EPISODES
  • 42mAVG DURATION
  • 1MONTHLY NEW EPISODE
  • Jul 10, 2025LATEST

POPULARITY

20172018201920202021202220232024


Best podcasts about flsa

Latest podcast episodes about flsa

Good Morning, HR
Keeping Up With Independent Contractor Definitions Under Trump 2.0 with David Miklas

Good Morning, HR

Play Episode Listen Later Jul 10, 2025 38:30


In episode 208, Coffey talks with David Miklas about the Department of Labor's evolving definitions and interpretations of independent contractor classification under the Fair Labor Standards Act.  They discuss why DOL interpretations matter for FLSA compliance and overtime requirements; the shift from Biden administration's six-factor economic reality test back to Trump administration's emphasis on control and profit/loss opportunity; the six key factors including nature and degree of control, opportunity for profit and loss, permanence of relationship, worker investments, skill and initiative requirements, and how integral the work is to the principal business; common classification mistakes across industries including misunderstanding IRS versus DOL tests; the risks of supervision and control over workers classified as contractors; how technology can demonstrate control in gig economy situations; the financial consequences of misclassification including unpaid overtime, liquidated damages, and attorney fees; and the importance of proper written agreements and immediate legal consultation when classification issues arise. Good Morning, HR is brought to you by Imperative—Bulletproof Background Checks. For more information about our commitment to quality and excellent customer service, visit us at https://imperativeinfo.com.  If you are an HRCI or SHRM-certified professional, this episode of Good Morning, HR has been pre-approved for half a recertification credit. To obtain the recertification information for this episode, visit https://goodmorninghr.com.  About our Guest: David Miklas owns a Labor & Employment law firm and for 26 years he has practiced all types of labor and employment law exclusively representing Florida employers. He has written hundreds of employment law articles, is the co-author for the premier legal textbook used by lawyers for Florida employment law, is a frequent employment law presenter and is a nationally recognized speaker and an invited guest lecturer addressing employment law and human resource issues with over thirty universities, including Harvard. Mr. Miklas graduated from the University of Florida College of Law. David Miklas can be reached athttps://www.miklasemploymentlaw.com/https://www.linkedin.com/in/david-miklas-301861121/  About Mike Coffey: Mike Coffey is an entrepreneur, licensed private investigator, business strategist, HR consultant, and registered yoga teacher.In 1999, he founded Imperative, a background investigations and due diligence firm helping risk-averse clients make well-informed decisions about the people they involve in their business.Imperative delivers in-depth employment background investigations, know-your-customer and anti-money laundering compliance, and due diligence investigations to more than 300 risk-averse corporate clients across the US, and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.Imperative has been named a Best Places to Work, the Texas Association of Business' small business of the year, and is accredited by the Professional Background Screening Association.Mike shares his insight from 25+ years of HR-entrepreneurship on the Good Morning, HR podcast, where each week he talks to business leaders about bringing people together to create value for customers, shareholders, and community.Mike has been recognized as an Entrepreneur of Excellence by FW, Inc. and has twice been recognized as the North Texas HR Professional of the Year. Mike serves as a board member of a number of organizations, including the Texas State Council, where he serves Texas' 31 SHRM chapters as State Director-Elect; Workforce Solutions for Tarrant County; the Texas Association of Business; and the Fort Worth Chamber of Commerce, where he is chair of the Talent Committee.Mike is a certified Senior Professional in Human Resources (SPHR) through the HR Certification Institute and a SHRM Senior Certified Professional (SHRM-SCP). He is also a Yoga Alliance registered yoga teacher (RYT-200) and teaches multiple times each week. Mike and his very patient wife of 28 years are empty nesters in Fort Worth.   Learning Objectives: 1.       Evaluate worker relationships using the Trump Administration's six-factor economic reality test.2.       Differentiate between US Department of Labor independent contractor definitions and those of the and IRS and state regulators.3.       Respond appropriately to classification concerns to avoid liability.

Lawyers Off the Clock with Rebecca Strauss and Sarah Willey
Travel Time Traps: What You Must Pay For Under the FLSA

Lawyers Off the Clock with Rebecca Strauss and Sarah Willey

Play Episode Listen Later Jul 9, 2025 32:01


Think travel time pay is simple? Think again. In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey break down the complex—and often misunderstood—rules around paying nonexempt employees for time spent traveling. From the ordinary commute to out-of-town overnight trips, we unpack what counts as paid work time under the Fair Labor Standards Act (FLSA).

Employment Law This Week Podcast
#WorkforceWednesday: Independent Contractor Rule, EEO-1 Reporting, and New York Labor Law Amendment

Employment Law This Week Podcast

Play Episode Listen Later May 14, 2025 3:33


This week, we're covering the U.S. Department of Labor's (DOL's) decision to halt enforcement of the Biden-era independent contractor rule, the upcoming EEO-1 reporting season (starting on May 20), and New York State's new labor law amendment, reducing damages for first-time frequency-of-pay violations.­ DOL Halts Enforcement of Independent Contractor Rule The DOL will no longer enforce the Biden-era independent contractor rule, which sought to tighten the criteria under which a hired worker can be considered an independent contractor for purposes of the Fair Labor Standards Act. The agency will now revert to the less stringent "economic realities" test. EEO-1 Reporting Begins Soon The proposed 2024 EEO-1 Component 1 data collection season is scheduled to begin on May 20, with a deadline to file by June 24. As expected, Component 2 pay data collection will not be required this year or in the coming years. New York Amends Labor Law to Limit Damages in Frequency-of-Pay Lawsuits New York Governor Kathy Hochul signed into law a budget bill that includes an amendment to the New York Labor Law that dramatically limits the relief employees can seek for first-time violations of frequency-of-pay provisions.  Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw390 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Good Morning, HR
HR News: My Lawyer Says I've Got a Case!

Good Morning, HR

Play Episode Listen Later Apr 24, 2025 34:19


In episode 197, Coffey talks with Adam Dougherty about angry ex-employees and new ways to get sued. They discuss managing post-termination communications from angry ex-employees; responding to threats of litigation; the importance of good people practices when faced with litigation threats; new causes of discrimination claims following last year's Supreme Court Muldrow v. City of St. Louis decision; and the wisdom of always assuming a decision that doesn't go an employees way may constitute an "adverse employment action.” Links to stuff they talked about are on our website at https://goodmorninghr.com/EP197 and include the following topics: -          Evil HR Lady: Former Employee Threatens Lawsuit. How should HR respond?-          Bloomberg Law: Justices' New Bias Test Puts Performance Reviews in Legal Bind Good Morning, HR is brought to you by Imperative—Bulletproof Background Checks. For more information about our commitment to quality and excellent customer service, visit us at https://imperativeinfo.com.  If you are an HRCI or SHRM-certified professional, this episode of Good Morning, HR has been pre-approved for half a recertification credit. To obtain the recertification information for this episode, visit https://goodmorninghr.com.  About our Guest: Adam Dougherty is board certified in labor and employment law by the Texas Board of Legal Specialization. Adam counsels employers throughout Texas and the United States on a daily basis concerning a multitude of cutting edge and high stakes employment advice matters including terminations disciplinary actions and leave and accommodation issues  Adam also regularly prepares handbooks personnel policies noncompete agreements employment agreements and complex separation agreements In addition to litigating in state and federal courts and arbitration proceedings on various discrimination FLSA and noncompete matters he also regularly appears before the Equal Employment Opportunity Commission EEOC US Department of Labor DOL and various state agencies Adam also conducts antiharassment and antidiscrimination training and workplace investigations. In addition to representing companies all across the state of Texas Adam also maintains a national and international practice representing companies operating in each of the states and across the globe In light of his unique experience representing multi state employers he serves on the Steering Committee of the firm's Multistate Advice and Counseling Practice Group. Adam is cocreator along with Sean Urich of “Monthly Conversations with Adam and Sean” an interactive employment law briefing held regularly in Dallas for legal and HR professionals The briefings are also broadcast live to a national and international audience See recent topics and other presentations in “Speeches” below. Adam is a volunteer with DallasHR and has also served as the Co-President of the Shelton School Dads' Group the past president of the University of Arkansas School of Law's National Alumni Association and as a coach of his daughters' basketball and softball teams. Adam Dougherty can be reached at https://www.linkedin.com/in/adam-dougherty-6946aa2/ About Mike Coffey: Mike Coffey is an entrepreneur, licensed private investigator, business strategist, HR consultant, and registered yoga teacher.In 1999, he founded Imperative, a background investigations and due diligence firm helping risk-averse clients make well-informed decisions about the people they involve in their business.Imperative delivers in-depth employment background investigations, know-your-customer and anti-money laundering compliance, and due diligence investigations to more than 300 risk-averse corporate clients across the US, and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.Imperative has been named a Best Places to Work, the Texas Association of Business' small business of the year, and is accredited by the Professional Background Screening Association. Mike shares his insight from 25+ years of HR-entrepreneurship on the Good Morning, HR podcast, where each week he talks to business leaders about bringing people together to create value for customers, shareholders, and community.Mike has been recognized as an Entrepreneur of Excellence by FW, Inc. and has twice been recognized as the North Texas HR Professional of the Year. Mike serves as a board member of a number of organizations, including the Texas State Council, where he serves Texas' 31 SHRM chapters as State Director-Elect; Workforce Solutions for Tarrant County; the Texas Association of Business; and the Fort Worth Chamber of Commerce, where he is chair of the Talent Committee.Mike is a certified Senior Professional in Human Resources (SPHR) through the HR Certification Institute and a SHRM Senior Certified Professional (SHRM-SCP). He is also a Yoga Alliance registered yoga teacher (RYT-200) and teaches multiple times each week. Mike and his very patient wife of 28 years are empty nesters in Fort Worth.   Learning Objectives: 1.       Implement proper communication protocols when terminated employees threaten litigation, including directing all communications to one person and preserving relevant documentation.2.       Document performance improvement plans thoroughly and follow through on scheduled check-ins to avoid undermining the company's position in potential litigation.3.       Anticipate more claims under the expanded definition of "adverse employment action" following the Muldrow decision by carefully reviewing workplace decisions that might affect employee status or opportunities.

Employee Survival Guide
S6 Ep123: The Supreme Court just made it easier for employers to deny overtime pay: EMD Sales, Inc. v. Carrera

Employee Survival Guide

Play Episode Listen Later Apr 24, 2025 13:03 Transcription Available


Comment on the Show by Sending Mark a Text Message.This episode is part of my initiative to provide access to important court decisions  impacting employees in an easy to understand conversational format using AI.  The speakers in the episode are AI generated and frankly sound great to listen to.  Enjoy!The scales of workplace justice have just shifted. In a unanimous decision that has sent ripples through labor law circles, the Supreme Court has lowered the standard of proof employers need to demonstrate when classifying workers as exempt from overtime pay.At the heart of this groundbreaking case lies EMD Sales, a food distributor whose sales representatives spent long 60-hour weeks stocking shelves, managing inventory, and processing orders at grocery stores across the Washington DC area. These employees, paid only on commission, sued for overtime compensation under the Fair Labor Standards Act (FLSA). EMD claimed they were "outside salesmen" – exempt from overtime requirements – but did their day-to-day responsibilities actually constitute "making sales"? The answer depended heavily on whether they were working at chain stores with pre-established corporate agreements or at independent shops where they had more sales autonomy.The Supreme Court didn't rule on whether these particular workers deserved overtime. Instead, they focused on a crucial procedural question: what level of proof should employers need to show when claiming a worker is exempt? Previously, in the Fourth Circuit, employers needed to meet a high "clear and convincing evidence" standard. Now, the Court has established nationwide that only a "preponderance of evidence" – essentially just over 50% likelihood – is required. This seemingly technical change could significantly impact millions of workers' overtime eligibility and shift the power balance in workplace disputes across America.The next time you're wondering whether your job qualifies for overtime protection, remember this watershed case. Understanding your rights has never been more important as the legal landscape evolves. Subscribe to our podcast for more deep dives into the court decisions that directly impact your workplace rights and compensation. If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States. For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.Disclaimer: For educational use only, not intended to be legal advice.

Hiring to Firing Podcast
Are Reality TV Contestants Independent Contractors or Employees? From Pods to Paychecks With Love Is Blind

Hiring to Firing Podcast

Play Episode Listen Later Mar 11, 2025 28:37


In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter dive into the intriguing intersection of reality TV and employment law. Joined by Troutman Pepper Locke Labor and Employment Partner Richard Reibstein (author of the popular Independent Contractor Misclassification & Compliance blog), they explore the lawsuit alleging that contestants on the hit Netflix reality series Love Is Blind have been misclassified as independent contractors instead of employees — and the real-life implications for other production companies as well as companies in other industries. Tune in for an insightful discussion that ‎blends legal expertise with the drama of reality television.‎Troutman Pepper Locke's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and Emily Schifter, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

Cabot Cove Confidential
S09E06 - Night Of The Coyote

Cabot Cove Confidential

Play Episode Listen Later Feb 14, 2025 100:21


Why is there a dust covered neck trainer in our basement? Are wild-eyed performer/stuntman/facilities managers still eligible for FLSA protection? Is a road flare as an ignition source over-kill in the desert? Did one mom's price gun topple a retail empire? And did Damien's love of Thunderheart positively prejudice him toward this episode?

Supreme Court Opinions
E.M.D. Sales, Inc. v. Carrera

Supreme Court Opinions

Play Episode Listen Later Jan 28, 2025 13:09


In this case, the court considered this issue: Is the burden of proof that employers must satisfy to demonstrate the applicability of a Fair Labor Standards Act exemption a mere preponderance of the evidence or clear and convincing evidence? The case was decided on January 15, 2025. The Supreme Court held that the preponderance-of-the-evidence standard applies when an employer seeks to show that an employee is exempt from the minimum-wage and overtime-pay provisions of the Fair Labor Standards Act (FLSA). Justice Brett Kavanaugh authored the unanimous opinion of the Court. The default standard of proof in American civil litigation is preponderance of the evidence, and courts only deviate from this standard in three specific circumstances: when a statute explicitly requires a heightened standard, when the Constitution requires it, or in certain rare cases where the government seeks unusual coercive action against an individual (like revoking citizenship). None of these exceptions applies to FLSA exemption cases. The FLSA itself is silent on the standard of proof, which typically means Congress intended the default preponderance standard to apply. The case does not implicate constitutional rights, and it does not involve unusual government coercion; instead, it is akin to Title VII employment discrimination cases where the Court has consistently applied the preponderance standard. Justice Neil Gorsuch authored a concurring opinion, in which Justice Clarence Thomas joined, clarifying that courts apply the default “preponderance” rule unless Congress alters it or the Constitution forbids it. The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you. 

People Processes
Court Strikes Down 2024 Overtime Rule: What Employers MUST Do Now

People Processes

Play Episode Listen Later Dec 19, 2024 7:48


The 2024 FLSA Overtime Rule has been BLOCKED, throwing a major curveball for employers across the country. In this video, we break down exactly what this means for your business and what YOU need to do next to stay compliant. Whether you've already made adjustments or were preparing for upcoming changes, we'll help you navigate this new legal landscape with confidence and clarity.

Audio Arguendo
U.S. Supreme Court E.M.D. Sales, Inc. v. Carrera, Case No. 23-217

Audio Arguendo

Play Episode Listen Later Nov 6, 2024


Civil Procedure: What burden of proof must employers satisfy to demonstrate the applicability of an FLSA exemption? - Argued: Tue, 05 Nov 2024 8:29:57 EDT

Minimum Competence
Legal News for Weds 11/6 - SCOTUS Reviews Overtime Exemptions under FLSA, Depo-Provera Brain Tumor Risk, Trump Cases Halted and NVidia/Facebook Securities Fraud Suit

Minimum Competence

Play Episode Listen Later Nov 6, 2024 7:40


This Day in Legal History: New York Grants Women Right to VoteOn November 6, 1917, New York became one of the first eastern states to grant women the right to vote, a pivotal victory for the suffrage movement in the United States. The state's voters approved a constitutional amendment that extended suffrage to women, marking a significant shift in public opinion and advancing the national push for equal voting rights. New York was the most populous state to enact such a measure, lending critical momentum to the cause and demonstrating that widespread support for women's suffrage was achievable in even the largest urban areas.This victory was the result of decades of persistent activism and organizing by leaders such as Carrie Chapman Catt, who spearheaded the Empire State Campaign Committee, and countless local suffragists who canvassed tirelessly for public support. Women in New York had actively campaigned, held rallies, and built coalitions, especially focusing on mobilizing working-class women and men. The successful vote was seen as a clear mandate for gender equality and significantly influenced other states and Congress.New York's decision to enfranchise women not only energized the movement but also helped propel the passage of the 19th Amendment to the U.S. Constitution in 1920, which granted voting rights to women nationwide. This milestone in New York underscored the growing acknowledgment of women's role in public and political life, laying groundwork for further social and political reforms across the country.The U.S. Supreme Court recently heard arguments in a case concerning whether a heightened standard of proof is necessary for employers claiming that workers are exempt from overtime pay under the Fair Labor Standards Act (FLSA). Currently, there is a split among federal circuits on this issue, with the Fourth Circuit requiring a "clear and convincing" evidence standard, while other circuits apply the lower "preponderance of the evidence" standard, which means the employer must show it is more likely than not that an exemption applies. The case has significant implications for both workers' rights and business costs.Representing E.M.D. Sales, attorney Lisa Blatt argued that the default civil standard, preponderance of the evidence, should apply to FLSA cases, as imposing a stricter standard would burden employers and potentially lead to layoffs. Conversely, Lauren Bateman, representing employees and supported by Public Citizen, contended that because FLSA regulations protect critical worker health, safety, and economic welfare, a higher standard is warranted to ensure these protections are meaningful.Justice Ketanji Brown Jackson underscored that the FLSA aims not only to provide fair pay but also to ensure a safe workplace and expand employment, suggesting the importance of potentially adopting a stricter standard. Meanwhile, Justice Clarence Thomas raised questions about why the FLSA should receive special treatment over other laws that also protect essential rights, such as those addressing discrimination.The case attracted varied views on the potential broader impacts of raising the standard of proof. Some justices, like Samuel Alito, questioned how the court would measure the relative importance of rights across federal laws. The Justice Department, represented by Aimee Brown, supported the employer's position, noting that Congress enacts many laws with public benefits, yet courts rarely apply a heightened standard of proof in such cases.The Supreme Court's eventual decision could standardize how proof requirements are applied in overtime cases and influence both worker protections and business practices across the country.US Supreme Court Leans Toward Business in Overtime Dispute (1)A new lawsuit accuses Pfizer Inc. of failing to warn patients that its contraceptive injection, Depo-Provera, could increase the risk of brain tumors. Plaintiff Taylor Devorak filed the complaint in California, alleging that Pfizer and other manufacturers had a duty to research and disclose potential links between Depo-Provera, as well as similar progesterone-based drugs, and intracranial meningiomas, a type of brain tumor. The lawsuit seeks damages based on claims of failure to warn, defective design, negligence, and misrepresentation.Devorak's case follows similar lawsuits filed recently in California and Indiana. Her complaint notes that although the drug has been FDA-approved for over 30 years and widely used, Pfizer has not updated the U.S. labeling to reflect these risks, even as health authorities in the EU and UK now include warnings about meningioma for such medications. A 2024 study published in the *British Medical Journal* found a substantial increase in risk for brain tumors with prolonged use of medroxyprogesterone acetate, the active ingredient in Depo-Provera.In response, Pfizer asserts that Depo-Provera has been a safe option for millions and plans to “vigorously defend” against the claims. The case has brought renewed attention to safety and disclosure practices in the pharmaceutical industry, particularly around long-established medications.Pfizer Accused of Hiding Contraceptive's Brain Tumor Link (1)Following Donald Trump's recent election as U.S. president, the criminal cases against him are likely to be halted for the duration of his term. Trump, the first former president to face criminal charges, had four active prosecutions, including charges related to attempts to overturn the 2020 election results, a hush-money payment linked to Stormy Daniels, and unlawful retention of classified documents. Trump, who has pleaded not guilty to all charges and dismissed the cases as politically motivated, has stated he would immediately dismiss Special Counsel Jack Smith, responsible for the federal prosecutions on election interference and document retention.While Trump can halt federal cases, he has less control over state cases, such as the New York hush-money and Georgia election interference cases. However, his presidency could still effectively delay or complicate these proceedings. Legal experts expect delays in his New York sentencing, which had already been postponed, citing potential presidential immunity arguments.In Georgia, Trump's lawyers are working to pause proceedings under the argument that a sitting president should not face criminal prosecution. Additionally, his team has challenged Fulton County District Attorney Fani Willis's involvement, aiming to disqualify her based on alleged misconduct. Ultimately, experts believe Trump's presidency will prevent the state-level cases from moving forward until his term concludes.Trump's impending return to White House brings criminal cases to a halt | ReutersThe U.S. Supreme Court will hear arguments on Facebook's effort to dismiss a securities fraud lawsuit brought by shareholders who claim the company misled investors about the misuse of user data. The lawsuit, initiated by Amalgamated Bank in 2018, argues that Facebook violated the Securities Exchange Act by failing to disclose the 2015 Cambridge Analytica data breach, which affected over 30 million users and contributed to Donald Trump's 2016 presidential campaign. Shareholders allege that Facebook presented data privacy risks as hypothetical even though the breach had already occurred.Facebook contends that it was not legally required to disclose the prior breach and that reasonable investors would interpret risk disclosures as forward-looking. A federal judge initially dismissed the case, but the Ninth Circuit Court revived it, noting that Facebook's statements misrepresented an already-realized risk. The Supreme Court's decision, expected by June, could influence the standards for securities fraud cases, making it harder for private parties to pursue claims. This case, along with a similar appeal by Nvidia, could further limit the liability of companies for nondisclosure of past risks. Past Cambridge Analytica fallout has led Facebook to settle related SEC and FTC actions, paying $100 million and $5 billion, respectively.US Supreme Court to hear Facebook bid to escape securities fraud suit | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

ACTEC Trust & Estate Talk
Independent Contractor vs. Employee: In Tax vs. Labor Law

ACTEC Trust & Estate Talk

Play Episode Listen Later Nov 5, 2024 9:47


Exploring key distinctions in tax and labor law when classifying workers as independent contractors or employees, focusing on FLSA, IRS, and ERISA guidelines. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.

Summarily - A Podcast for Busy Lawyers

Professor Harold Krent joined Robert to discuss major cases at the U.S. Supreme Court. Garland v. VanDerStok, (ghost guns) (oral argument).E.M.D. Sales, Inc. v. Carrera, (burden of proof in FLSA litigation).Ames v. Ohio Dep't of Youth Servs., ("majority" plaintiffs burden of proof under Title VII).United States v. Skrmetti, (medical treatment for transgender children).Thank You SponsorsThis podcast is supported by Stafi. Stafi provides trained, vetted, and experienced virtual legal assistants and paralegals who will take routine tasks off your plate so you can focus on growing your firm and maximizing revenue. SAVE $500 off your first month with Stafi by using referral code Summarily when you schedule your free initial consultation. Go to getstafi.com/schedule-a-call, select the date and time for your consultation, and enter referral code Summarily on the event details page.This podcast is also sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Use the link BetterHelp.com/Summarily for 10% off your first month of BetterHelp.Send your questions, comments, and feedback to summarilypod@gmail.com.Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast's advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast's creator is prohibited.

The LIEB CAST
Stripping Away Misclassifications: FLSA, Exotic Dancers, and the Legal Fallout

The LIEB CAST

Play Episode Listen Later Oct 18, 2024 36:05


In this episode of The Lieb Cast, we dive deep into the Fair Labor Standards Act (FLSA) and its role in classifying workers as either employees or independent contractors. Using landmark cases like Clincy v. Galardi South Enterprises, Inc., where Atlanta exotic dancers reached a $1.55 million settlement, and a nearly $4.6 million ruling involving Philadelphia's Penthouse Club, we explore the elements used to determine worker classification. These cases expose how much control an employer must exert over a worker's conditions for them to be classified as employees—and how clubs, like these, exploited misclassifications to their advantage.We also tackle the complex topic of sexual harassment in the workplace, triggered by the shocking lawsuit accusing Macy's of covering up a 2008 sexual assault committed by Sean “Diddy” Combs at their Herald Square store. We'll discuss the company's duty to report harassment and how vicarious liability comes into play when business relationships take priority over accountability. This episode is a must-listen for anyone wanting to understand how these issues intersect with corporate responsibility and employee protections.

People Processes
FLSA 2025 Salary Threshold Update: Are You Ready for the January 1st Increase?

People Processes

Play Episode Listen Later Oct 16, 2024 13:24


Is your business ready for the major FLSA salary threshold increase hitting in January 2025? This change could significantly impact your payroll, employee classifications, and bottom line.In this episode, you'll:Understand how the minimum salary for exempt employees jumps from $43,888 to $58,656 annually ($1,128 per week).Discover key steps to avoid costly mistakes and ensure compliance with the new FLSA regulations.Learn when to raise salaries or reclassify employees for optimal business outcomes.Don't wait until the last minute! Download our Free Salary Calculator and FLSA Exemption Flow Chart: https://peopleprocesses.com/free-downloads/

People Processes
FLSA Compliance for Inside Sales Reps: Avoid Misclassification & Overtime Penalties

People Processes

Play Episode Listen Later Oct 16, 2024 9:09


The First Circuit Court ruled that inside sales representatives are not exempt from FLSA overtime requirements, making them eligible for overtime pay. In this episode of the People Processes Podcast, we'll discuss how misclassifying your sales team can lead to significant legal and financial consequences. We'll guide you through essential steps to ensure your business stays compliant and protected.If you're a US-based business with over 10 employees and have questions about employee classification,

Employment Law This Week Podcast
#WorkforceWednesday: DOL Authority Challenged: Key Rulings on Overtime and Tip Credit

Employment Law This Week Podcast

Play Episode Listen Later Sep 25, 2024 3:42


The Fifth Circuit recently struck down the DOL's tip credit rule, finding that the agency had exceeded its authority under the Fair Labor Standards Act. However, that same court later upheld the DOL's authority to set a minimum salary threshold for overtime exemption. Epstein Becker Green attorney Paul DeCamp, who represented the restaurant plaintiffs in the tip credit case alongside Kathleen Barrett, offers his interpretation of these significant court decisions and what they mean for employers. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw361 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

The Human Resource
The Human Resource - Do Employers Have Options? FLSA Updates

The Human Resource

Play Episode Listen Later Sep 24, 2024 16:40


With the new updates to the Fair Labor Standards Act's new salary threshold, what changes can employers make and still remain compliant? Karl Ulrich with Sebaly, Shillito and Dyer joins Pandy to discuss changing terms of employment and the option of restructuring to address the upcoming increases to the salary threshold.

United We Scan
Back to Basics, FLSA, Guarantee Period, RWDL

United We Scan

Play Episode Listen Later Sep 23, 2024 73:07


We take it back to the basics and cover the FLSA (Fair Labor Standards Act), when and what of the Guarantee Period and cover the Relief Day Work List

Land Line Now
Land Line Now, Aug. 30, 2024

Land Line Now

Play Episode Listen Later Aug 30, 2024 51:36


Being able to tell good brokers and bad brokers apart can save time, keep you out of a real financial bind – or avoid ending your business. Also, a new comprehensive report takes a look at some of the significant wrinkles that have to be ironed out in order to electrify trucks. And Marty Ellis has spent plenty of time waiting to load and unload – and that reminded him about issues such as hourly pay, overtime and truck ownership. 0:00 – Newscast 10:22 – Telling the good brokers from the bad 25:10 – Study takes a look at what's needed for truck electrification 40:08 – Detention time, hourly pay and overtime

Administrative Static Podcast
NCLA Asks Federal Court to Vacate the Dept. of Labor's Unlawful New Independent Contractor Rule

Administrative Static Podcast

Play Episode Listen Later Aug 10, 2024 12:30


Join Mark and Vec as they explore NCLA's latest legal challenge in Colt & Joe Trucking v. U.S. Department of Labor. NCLA is fighting to overturn DOL's new rule, which makes it harder for businesses to classify workers as independent contractors, potentially leading to increased FLSA liabilities for small businesses. This episode dives into issues with the rule, including its vague standards and the controversy surrounding Acting Labor Secretary Julie Su's authority to enforce it. Tune in to learn more about this crucial case.See omnystudio.com/listener for privacy information.

Administrative Static Podcast
NCLA Asks Court to End DOL's Illegal Power Grab, Overturn Wage and Overtime Exemption Rule

Administrative Static Podcast

Play Episode Listen Later Aug 10, 2024 12:30


NCLA has filed for summary judgment in Flint Avenue v. Department of Labor, urging the Northern District of Texas to strike down a new DOL rule that exceeds its authority. The rule sets a $58,656 minimum salary for exempting “white collar” employees from FLSA's wage and overtime requirements, impacting millions of workers nationwide. The rule would force employers to raise salaries or reclassify employees as hourly, limiting flexible work options. Flint Avenue, LLC, a small software company, faces losing its ability to offer perks like unlimited vacation. Tune in to hear Mark and Vec dive into this critical case.See omnystudio.com/listener for privacy information.

Talking Pools Podcast
Rudy Talks: Pay Per Pool

Talking Pools Podcast

Play Episode Listen Later Aug 9, 2024 26:53 Transcription Available


Send us a Text Message.NOTE: Rudy is a Pool Guy, Dammit! Not a labor law attorney or expert... That said - In this conversation, Rudy Stankowitz discusses the topic of how to pay swimming pool technicians. He explores the different methods of payment, including per pool, hourly, and piecework pay. Rudy explains the intricacies of piecework compensation and the guidelines set by the Fair Labor Standards Act (FLSA). He emphasizes the importance of ensuring compliance with federal and state laws, calculating regular and overtime pay, and tracking hours worked. Rudy also highlights the advantages and challenges of implementing a piecework pay system and provides tips for setting fair rates and maintaining transparency with employees.keywordsswimming pool technicians, pay methods, per pool pay, hourly pay, piecework pay, Fair Labor Standards Act, FLSA, compliance, regular rate of pay, overtime pay, advantages, challenges, setting fair rates, transparencytakeawaysThere are different methods of paying swimming pool technicians, including per pool, hourly, and piecework pay.Piecework pay involves compensating employees based on the number of pools they service rather than the hours they work.Compliance with the Fair Labor Standards Act (FLSA) is crucial when implementing piecework pay.Calculating the regular rate of pay and overtime pay is necessary to ensure fair compensation.Implementing a piecework pay system can increase productivity and job satisfaction, but challenges such as maintaining quality and variability in pay should be considered.Setting fair rates and maintaining transparency with employees are important for the success of a piecework pay system.titlesCalculating the Regular Rate of Pay and Overtime PayUnd AquaStar Pool ProductsThe Global Leader in Safety, Dependability, & Innovation in Pool Technology.POOL MAGAZINE Pool Magazine is leading up to the minute news source for Swimming Pool News and Pool Features. OuBLUERAY XLThe real mineral purifier! Reduce your pool maintenance costs & efforts by 50%Jack's MagicIf you know Jack's you'd have no stains!RaypakRaypak, leading the evolution of environmental efficiency and sustainability in pool heaters.the 'How to Get Rid of Algae' handbookThe most comprehensive guide on algae prevention and remediation you will ever own. Online Pool ClassesThe difference between you and your competition is what you know!CPO Certification ClassesAttend your CPO class with Rudy Stankowitz!Disclaimer: This post contains affiliate links. If you make a purchase, I may receive a commission at no extra cost to you.Support the Show.Thank you so much for listening! You can find us on social media: Facebook Instagram Tik Tok Email us: talkingpools@gmail.com

The Paychex Business Series Podcast with Gene Marks - Coronavirus
Worker Classification: Administrator Looman Explains Key Changes by USDOL

The Paychex Business Series Podcast with Gene Marks - Coronavirus

Play Episode Listen Later Jul 31, 2024 32:24


Worker classification is complex and can be daunting for any business to navigate. In this episode of Paychex THRIVE, a Business Podcast, Gene Marks with Administrator Jessica Looman from the Wage and Hour Division of the U.S. Department of Labor the latest changes in regulations. Learn about the economic realities test, key definitions under the FLSA, and the new multifactor analysis approach designed to streamline and clarify these classifications. This episode is a must watch for business owners looking to comply with the latest standards and protect their employees and their business. Topics Include: 00:00:02: Announcement of break and return in September 00:00:37: Episode Preview 00:01:52: Introduction of Administrator Jessica Looman 00:02:40: Jessica Looman's role and the goal of USDOL 00:03:39: Fair Labor Standards Act and worker protections 00:06:21: New rule on worker classification 00:07:08: Economic realities test for worker classification 00:09:16: Factors for worker classification analysis 00:10:24: Explanation of profit or loss factor 00:12:57: Explanation of integral part of the business factor 00:15:46: Addressing federal, state, and local standards, 00:18:44: Impact of worker classification rules on freelancers and startups 00:20:02: Guidance on freelancers and independent contractors 00:23:32: Understanding business compliance requirements under the rule 00:26:07: Best practices and available resources 00:28:01: Misclassification consequences 00:30:02: Importance of proper worker classification 00:31:14: Wrap-up and thank you DISCLAIMER: The information presented in this podcast, and that is further provided by the presenter, should not be considered legal or accounting advice, and should not substitute for legal, accounting, or other professional advice in which the facts and circumstances may warrant. We encourage you to consult legal counsel as it pertains to your own unique situation(s) and/or with any specific legal questions you may have.

The Work Dad Podcast
Paul, why is everyone talking about FLSA? With guest Katy Stowers and Abby Clegg

The Work Dad Podcast

Play Episode Listen Later Jul 26, 2024 32:00


Send us a Text Message.Anna and Paul are joined by Katy Stowers and Abby Clegg to discuss all things FLSA. Must know stuff for business leaders.Here is a link to Abby's recent article on the matter:https://www.linkedin.com/pulse/recent-flsa-classification-changes-what-you-need-know-abby-b5k5c?utm_source=share&utm_medium=member_ios&utm_campaign=share_viaFor those worried about being too nerdy…we do mix in some fun…even giving out wine recommendations! Music in this episode is Pelicans by Joe Cooney. Check him out on instagram @cooney.tunes !!Follow us on Instagram! @work_dad_podcast

Land Line Now
Land Line Now, July 8, 2024

Land Line Now

Play Episode Listen Later Jul 8, 2024 51:21


Spending bills in Congress would stop any speed limiter requirement, and also deal with truck parking, ELDs and independent contractors. Land Line Now also updates you on a partnership that includes Daimler Truck is working on a nationwide network of EV charging stations for heavy-duty zero-emission vehicles. And the Pennsylvania Turnpike is moving to open road tolling, following several other toll roads that have done so. 0:00 – Newscast.  10:14 – Partnership aims to plug in electric trucks. 25:09 – Another turnpike goes to open road tolling. 40:09 – Spending bill would ban speed limiter requirement.

HR & Cocktails
New Legal Landscape: FLSA Amendments and Non-Compete Changes - Ep. 39

HR & Cocktails

Play Episode Listen Later Jul 8, 2024 35:50


In this episode, we unravel the complexities of the latest revisions to the Fair Labor Standards Act (FLSA) and the changing dynamics of non-compete agreements. We'll explore the implications for both employers and employees, offering insight on how to adapt to these legislative updates. Our discussion covers best practices for ensuring compliance, the necessity of revisiting existing non-compete clauses, and strategies for effective internal communication about these changes. Tune in for practical insights and actionable tips to help your organization stay ahead of the curve. We discuss these topics…and of course, we talk about cocktails! Guest: Sarah Sawyer, Attorney at Offit Kurman Hosted by Kimberly Prescott, Founder and President of Prescott HR

The Paychex Business Series Podcast with Gene Marks - Coronavirus
New Final OT Rule: What Businesses Must Know about Compliance

The Paychex Business Series Podcast with Gene Marks - Coronavirus

Play Episode Listen Later Jul 3, 2024 16:25


With the U.S. DOL's New Overtime Rule taking effect July 1, FLSA-covered employers across the country are subject to the rule's updated salary thresholds for Executive, Administrative, and Professional white-collar exemptions and HCE employees. The DOL is, however, temporarily restrained from enforcing the rule against the state of Texas, as an employer, after a federal district court issued a preliminary injunction. Tammy Tyler, Employment Law Compliance Manager of Compliance Risk at Paychex, shares insights on the rule and how employers may respond, including how communication and training are essential. Topics Include: 00:00:00: Episode Preview 00:01:00: Introduction of Tammy Tyler 00:01:21: New Overtime Rule in effect 00:01:41: Explaining the new rule 00:04:18: Changes in amount of salary threshold for OT Rule 00:05:40: Salary threshold is aper-week basis  00:06:34: Significant and additional increase to threshold coming Jan. 1 00:07:39: Which employees does this rule actually impact? 00:09:37: Consider a workplace policy on overtime policy 00:11:07: Bonus and other remuneration – what impacts do they have? 00:12:18: Why tracking time for nonexempt employees is crucial 00:13:10: Negative outcomes of noncompliance 00:14:05: Actions businesses can take to ease the transition 00:15:26: Wrap-up and thank you DISCLAIMER: The information presented in this podcast, and that is further provided by the presenter, should not be considered legal or accounting advice, and should not substitute for legal, accounting, or other professional advice in which the facts and circumstances may warrant. We encourage you to consult legal counsel as it pertains to your own unique situation(s) and/or with any specific legal questions you may have.

Elawvate
The Courtroom as a Stage with Kurt Zaner

Elawvate

Play Episode Listen Later Jul 1, 2024 52:26


Before he became a trial lawyer, Colorado lawyer Kurt Zaner wanted to be an actor. But rather than just play a role, Kurt decided that he wanted to be a real-world champion and decided to become a trial lawyer. Now, Kurt applies lessons about presence, storytelling and drama from the stage to help achieve landmark verdicts for his clients. Join Ben for his wide-ranging discussion with Kurt that covers how a trial lawyer can use acting skills to enhance courtroom impact; strategies that have enabled Kurt to achieve several eight-figure verdicts against considerable odds; and even what modern day lawyers can learn from reading Cicero. About Kurt Zanerhttps://zanerhardenlaw.com/ Kurt Zaner has dedicated his legal career to representing folks against the modern-day Goliaths. In battling corporations that refuse to take responsibility, Kurt enjoys the challenge of standing up for people that seemingly have the odds overwhelmingly stacked against them.A sought-after national speaker, Kurt frequently lectures on his winning trial techniques, effective legal writing strategies, and iconic discovery tactics that force top-value settlements.  Kurt has secured the largest premises liability verdict in the history of Colorado ($16,000,000.00).He has appeared on Good Morning America, World News Tonight, and every local media outlet including the Denver Post and local CBS, ABC, and Fox affiliates.  He is a published author of Federal and State case law, including Colorado law establishing the right to punitive damages for victims of drunk drivers; he also authored legal articles on distracted driving as well as articles on ancient Roman trial methods.As a trained stage actor, Kurt credits much of his trial success to his theatrical training in college and in Los Angeles prior to law school.After graduating law school near the top of his class and receiving the American Bar Association's and American Law Institute's Best Graduate Award – awarded to the one student of the graduating class who best represents a combination of scholarship and leadership – Kurt went on to clerk for United States District Judge Ken Marra.Working side by side with a Federal Judge on one of the largest caseloads in the country, Kurt learned the art of persuasive advocacy both through legal writing and courtroom theatrics.Most importantly, he learned how cases are won from behind the bench.Prior to co-founding Zaner Harden Law, LLP, Kurt practiced with some of the best-known trial lawyers in the country.  Kurt has successfully represented hundreds of clients across the State of Colorado, trying and winning cases at every level of Colorado State Court, including several million and multi-million-dollar verdicts and settlements.In 2017 he and his partner were recognized as having two of the largest verdicts of the year across all practice areas, including a 1,700,000.00 verdict against an oil company's distracted driver as well as a $2,500,000 verdict against a drunk driver that killed his client's son and then fled the scene.This drunk driving verdict landed on the front page of the Denver Post as the community was fed up with these kinds of reckless drivers avoiding accountability by running away.Kurt defended this verdict all the way to the Colorado Supreme Court. In 2018, Kurt secured the largest premises liability verdict in the history of Colorado – $16,000,000.00 in Boulder for a father of three who was diagnosed with the crippling neurological condition CRPS after a temporary electrical box exploded.A few years later, Kurt secured a verdict on another electrocution case where his client also developed CRPS, with a Denver jury delivering a $10,600,000.00 verdict (with interest).  A year after that, Kurt secured a $4,300,000.00 verdict for a client hurt in a trucking crash.No matter how big or small the case, Kurt takes great pride in helping those that entrust their most significant legal problems to his law firm.Kurt is very active in the Trial Lawyer community, both locally and nationally. Locally, he was recently elected to the Board of the Colorado Trial Lawyers Association (CTLA) for his fifth consecutive year and serves on several committees.Nationally, after serving as President of the New Lawyers Division for the American Association of Justice (the 5,000 member NLD division of the most pre-eminent national trial lawyer organization in the Country), Kurt now serves on the Budget Committee of the entire 20,000-member organization as well as the Board of Governors.He also acts as a certified End Distracted Driving (EndDD Program) presenter, donating his time in high school classrooms in Colorado educating the next generation of drivers on the dangers of distracted driving.Kurt is invited to speak across the country on novel legal strategies and methods that he has developed – techniques that have resulted in unprecedented successful results for his clients.He has been a regular speaker for the American Association of Justice, having spoken in Boston, Palm Springs, Denver, Los Angeles, and Montreal on a variety of topics including trial techniques, writing strategies, and insurance bad faith. He also speaks regularly for Trial Lawyers University (formerly Trojan Horse) as well as The National Trial Lawyers' national trial seminars.On the State level, Mr. Zaner regularly teaches for the Colorado Trial Lawyers at their state convention, statewide CLEs, and for CTLA's new lawyer bootcamps,He has also spoken at several State Seminars around the Country, including the prestigious Arkansas Trial Lawyers College on one of his favorite topics: transplanting 2,000-year-old trial techniques from the Roman trial lawyer Cicero and demonstrating how they can be effective in today's trials.When not practicing law, Mr. Zaner spends much of his time with his wife and two young boys, outdoors in the mountains or on the stage in a local theater production.Licensed in Florida and Colorado. PublicationsWarembourg v. Excel, 471 P.3d 1213 (Co. Ct. App. 2020) – 63-page, 3-0 published opinion that affirmed the firm's record-breaking 16-million-dollar electrocution verdict.  This opinion creates significant new law in the area of spoliation of evidence, setting new standards for when parties must hold onto evidence and how they may be punished if they do not preserve such evidence (blessing an irrebuttable presumption of liability and causation punitive sanction).  Case settled for 15.7 million shortly after this opinion.“Lessons From Cicero” – Good Counsel, April 2017Alhilo v. Kleim, 413 P.3d 902 (Co. Ct. App. 2016), cert denied (Colo. June 26, 2017) – published opinion that affirmed the firm's multi-million dollar motorcycle verdict and created helpful case law for victims of drunk drivers (allowing for prior DUIs to come in as evidence) and for those who have lost loved ones in a wrongful death case (clarifying the damage cap to afford survivors the maximum benefit).Spotlight, “Overcoming Liability Roadblocks in Bicycle Accident Case” American Association for Justice, Trial Edition (July 2015)“Sad But Preventable – a Trial Lawyer's Quest to End Distracted Driving and Save Lives” The Colorado Trial Lawyers' Association publication Trial Talk, Volume 62, Issue 3, April/May 2013 publication at p. 26 (sole author).“Driving While on the Cell Phone; Punitive Damage Awards Should Come Through Loud and Clear” ABA's The Brief, Tort Trial & Ins. Prac. Sec., Summer 2007, Vol. 35, No.4 (co-author), republished in The Colorado Trial Lawyers' Association publication Trial Talk, Volume 62, Issue 3, April/May 2013 publication at p. 41.“National Security Policy and Ratification of the Comprehensive Test Ban Treaty” 32 Houston Journal of International Law 1 (2009) (contributing author).Vidinliev v. Carey, 581 F.Supp. 2d 1281 (N.D. Ga. 2008) – created federal case law in the area of worker's FLSA rights. Bar LeadershipNATIONALAmerican Association of Justice – Board of Governor, 2018-2020; 2022-2025.American Association of Justice – Executive Committee Member 2019-2020.American Association of Justice – Budget Committee Member 2020-2023American Association of Justice – Elected National President of NLD Division 2016.American Association of Justice – Elected National Vice President of NLD Division 2016.American Association of Justice – Elected National Treasurer of NLD Division 2015.American Association of Justice – Elected National Secretary of NLD Division 2014.American Association of Justice – Appointed Board of Governor on New Lawyers Division, June 2013.American Association of Justice – Appointed Chair of the Publications Committee for the NLD quarterly national publication, the Sidebar, July 2013. STATEColorado Trial Lawyers Association – Elected to serve as Board Member 2016-presentColorado Trial Lawyers Association – Appointed to serve on Executive Committee and Legislative Committee 2016-17, 2021-2022Colorado Trial Lawyers Association – Appointed to serve on Board as Board Member 2015-16.Colorado Trial Lawyers Association – Appointed Membership Chair November 2012 -2015.Colorado Trial Lawyers Association – Appointed New Lawyer Chair November 2013. Community InvolvementActor (Len), A One Night Stand at the Vintage Theater, Don't Throw the Cheese by Mark Ogle.Actor (Reverend Parris), The Crucible at Red Rocks Community Theater.Presenter, End Distracted Driving Campaign; presents programs to high school students to warn them of the dangers of distracted driving.Board of Director, Denver Athletic Club. 

Clocking Out With Raymond Lee
Episode 7: Michael S. Cohen: Attorney and Thought Leader in Employment Law

Clocking Out With Raymond Lee

Play Episode Listen Later Jun 26, 2024 48:02


In today's episode of Clocking Out, Raymond is joined by Michael S. Cohen, an employment attorney and thought leader in employment law.  Michael S. Cohen is a partner in Duane Morris' Employment, Labor, Benefits and Immigration Practice Group. Michael concentrates his practice in the areas of employment law training and counseling. He has trained and counseled employers throughout the country on subjects including harassment prevention; diversity, equity and inclusion; combatting implicit bias; performance management; discipline and discharge; hiring and recruiting practices; performance evaluations; FMLA, ADA and FLSA compliance; leave of absence policies; LGBTQ+ issues in the workplace; substance abuse testing; workplace violence; records retention; conducting background checks; and more. Michael also has conducted investigations into claims of harassment and discrimination and has drafted employee handbooks, employment agreements, non-compete agreements and post-termination agreements. Michael regularly conducts in excess of 200 trainings each year.  He has represented clients throughout the country in EEO and other administrative proceedings.Michael has been cited as a national authority on employment issues by The New York Times, The Associated Press, USA Today, MSNBC.com, HR Magazine, SHRM On-Line, Employment Law 360, Inside Counsel Magazine, as well as many other publications. Michael serves as an Advisory Board Member of GenHERation and as a Board Member of Serve, Inc. Michael is a 1997 magna cum laude graduate of Temple University Beasley School of Law and a cum laude graduate of the University of Pennsylvania.Listen as Michael shares his background, career path, how he ended up in the training and thought leadership space, and other pivotal “clocking out” moments.  ResourcesConnect with Michael on LinkedIn Visit careerminds.com or follow us on LinkedIn, Instagram, Facebook, X, & YoutubeVisit Raymond's website or follow him on socials: LinkedIn, Instagram, Tiktok, X, & YoutubeOrder Clocking Out: A Stress-Free Guide to Career Transitions 

Good Morning, HR
The "Gig" is Up: Implementing the DOL's Independent Contractor Rule with Krystal Yates

Good Morning, HR

Play Episode Listen Later May 16, 2024 32:06 Transcription Available


In episode 148, Coffey talks with Krystal Yates about the US Department of Labor's revised rules for classifying independent contractors. They discuss the difference between an employee and an independent contractor; “1099 employees”; the reasons employers might misclassify employees as independent contractors; “gig” workers; the changes brought about by the final rule; employer considerations when determining if a worker is an employee or an independent contractor; the economic reality test factors that serve as a guide to determine if an employment relationship exists under the FLSA; and common mistakes made by employers when hiring and managing contractors.Good Morning, HR is brought to you by Imperative—Bulletproof Background Checks. For more information about our commitment to quality and excellent customer service, visit us at https://imperativeinfo.com. If you are an HRCI or SHRM-certified professional, this episode of Good Morning, HR has been pre-approved for half a recertification credit. To obtain the recertification information for this episode, visit https://goodmorninghr.com. About our Guest:Krystal Yates is a certified HR expert with SHRM-SCP and SPHR certifications. She is the President and Founder of EBR HR Experts and Integrity People Group, overseeing HR strategy for several small and medium businesses in DFW.Prior to starting her own firm, Krystal worked for several small businesses in DFW, overseeing HR and Operations. Krystal is a member of the Forbes Coaches Council. She serves on the Feral Friends Community Cat Alliance board, is a Trustee for The Longhorn Group of Charities Unit Accounting Trust, and volunteers with DallasHR and the Lewisville Area Chamber of Commerce.Krystal Yates can be reached at:www.IntegrityPeopleGroup.com https://www.linkedin.com/in/krystalyates About Mike Coffey:Mike Coffey is an entrepreneur, human resources professional, licensed private investigator, and HR consultant.In 1999, he founded Imperative, a background investigations firm helping risk-averse companies make well-informed decisions about the people they involve in their business.Today, Imperative serves hundreds of businesses across the US and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.Mike has been recognized as an Entrepreneur of Excellence and has twice been named HR Professional of the Year. Additionally, Imperative has been named the Texas Association of Business' small business of the year and is accredited by the Professional Background Screening Association. Mike is a member of the Fort Worth chapter of the Entrepreneurs' Organization and volunteers with the SHRM Texas State Council.Mike maintains his certification as a Senior Professional in Human Resources (SPHR) through the HR Certification Institute. He is also a SHRM Senior Certified Professional (SHRM-SCP).Mike lives in Fort Worth with his very patient wife. He practices yoga and maintains a keto diet, about both of which he will gladly tell you way more than you want to know.Learning Objectives:1. Understand the difference between employees and independent contractors.2. Utilize the classification factors outlined in the Department of Labor's final rule. 3. Avoid common mistakes employers make in hiring and managing independent contractors.

Administrative Static Podcast
NCLA Lawsuit Seeks to Set Aside the Department of Labor's Unlawful New Independent Contractor Rule

Administrative Static Podcast

Play Episode Listen Later May 9, 2024 12:30


NCLA has filed a Complaint in the U.S. District Court for the District of New Mexico, challenging the U.S. Department of Labor's vague new independent contractor rule. Promulgated earlier this year, the rule distorts the standard for determining if someone hired by a company can be classified as an independent contractor, instead of an employee subject to the Fair Labor Standards Act's (FLSA) wage and hour requirements. Representing the family-owned company Colt & Joe Trucking, NCLA asks the court to overturn this rule, which leaves small businesses like theirs completely unable to hire independent contractors without risking FLSA liability. Vec, Mark, and Jenin discuss the case in this latest episode. See omnystudio.com/listener for privacy information.

Employment Matters
580: The US Department of Labor's New Overtime Rule and What It Means for Employers

Employment Matters

Play Episode Listen Later May 7, 2024 14:48


After a long wait and a great deal of speculation, on April 23, 2024, we received the highly anticipated final rule from the U.S. Department of Labor (DOL) regarding the Fair Labor Standards Act's (FLSA) salary-level threshold for the “white-collar” exemptions to overtime requirements. The DOL's final rule expands overtime pay protections to over 4 million workers by changing the FLSA's exemptions to overtime eligibility. Listen in as we discuss what this means for employers, how they can comply and more. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide. Host: Tara Stingley (email) (Cline Williams Wright Johnson & Oldfather, LLP / Nebraska)Guest Speaker: Beth Liner (email) (Baker, Donelson, Bearman, Caldwell & Berkowitz, PC / Louisiana)Support the Show.Register on the ELA website here to receive email invitations to future programs.

The Roof Strategist Podcast
Roofers Forced to Change 1099 Sales to W2 | Top 50 Lawyer Explains

The Roof Strategist Podcast

Play Episode Listen Later May 2, 2024 33:47


He's never seen 1 winning case of employee misclassification (1099 vs W2) as Top 50 Construction Lawyer…Over the last 30 years…And this new FLSA law tightens the noose.Roofers are being forced to change sales reps from 1099 to W2. Watch this in-depth interview with Philip Siegel to find out the truth.Changes are hitting the roofing industry hard and fast - from every angle. FLSA, non-competes getting banned, private equity gobbling everyone up, insurance policies tightening by the day, material price hikes, and skyrocketing interest rates. If you're not one step ahead of the changes, you're on the fast-track to dying. Your network is your lifeline.That's where you get insider information to outcompete the rest and stomp the scum out.That's what we do together inside the Roofing & Solar Reform Alliance (RSRA). Book Your Application Call: www.rsra.org/joinGUEST CONTACT INFO: Philip J. Siegel, Esq. Hendrick, Phillips, Salzman & Siegel, P.C.230 Peachtree Street, N.W. Suite 2500 Atlanta, GA 30303-1515 Main: (404) 522-1410 Direct: (404) 469-9197 Fax: (404) 522-9545 Email: pjs@hpsslaw.comhttps://www.hpsslaw.com/=============Join the Roofing & Solar Reform Alliance to OutSell, OutGrow, and OutCompete the Rest as We STOMP The Scum Out!     -  Sales Training & Ongoing Support     -  Endorsement & Differentiation     -  Mentorship & CollaborationBecome one of us: https://www.rsra.org/joinText ‘DEMO' 303-222-7133 or call.FREE Training Center: https://theroofstrategist.com/free-training-centerLooking for a roofing sales job? Get connected with an RSRA Member: https://secure.rsra.org/find-a-jobGet My Book: https://a.co/d/7tsW3LxCONTACTCall/Text: 303-222-7133Email: help@roofstrategist.comFOLLOW ADAM BENSMANhttps://www.facebook.com/adam.bensman/https://www.facebook.com/RoofStrategist/https://www.instagram.com/roofstrategist/https://www.tiktok.com/@roofstrategisthttps://www.linkedin.com/in/roofstrategist/#roofstrategist #roofsales #d2d  #solar #solarsales #roofing #roofer #canvassing #hail #wind #hurricane #sales #roofclaim #rsra #roofingandsolarreformalliance #reformers

People Processes
FLSA Overtime Exemptions: Big Changes Coming for Salaried Employees

People Processes

Play Episode Listen Later May 1, 2024 10:06


Is YOUR Salary About to Change? The Department of Labor's (DOL) final rule on overtime exemptions increases minimum salary requirements for white-collar workers. A pivotal change set to take effect on July 1, 2024. These regulations will dramatically alter the salary threshold for exempt employees, impacting countless workers across the United States, including those like Sarah, who balances intense work periods with cherished personal time.In this episode, you'll:Understand the New Overtime Rule: What the increased salary threshold means and how it affects both employees and employers.Real-Life Impact: Explore how these changes will reshape the work-life balance for employees like Sarah, who find themselves juggling between professional responsibilities and personal engagements.Practical Strategies: Gain insights into how businesses can navigate these changes effectively without disrupting their operations or compromising employee satisfaction.Expert Advice: Equip yourself with knowledge and strategies to ensure compliance and maintain efficiency in your workplace.Whether you're an employer wondering how to adjust salaries and manage labor costs, or an employee concerned about how these changes might affect your work arrangement and income, this episode is packed with essential information to help you prepare for the upcoming changes.https://youtu.be/CgGvLFvrQR4

The Roof Strategist Podcast
New FLSA Law Update for Roofing Industry (Correction + Deep Dive)

The Roof Strategist Podcast

Play Episode Listen Later Apr 11, 2024 26:11


I need to set the record straight about the new FLSA Law that's creating a huge shift in the roofing industry.  If you saw my first video about this, then this is a must watch. Because I correct an important detail, and go much deeper.  Watch this new video to discover: - What are the risks and fines?- What is “Economic Reality?” - What pay changes should you expect?  I cover the high-level details of what you need to know (for owners, managers, and sales reps alike). P.S. Stop going at it alone… Changes like this are coming fast to our industry. Join us in the trenches to stay a step head of the rest. https://www.rsra.org/join=============Join the Roofing & Solar Reform Alliance to OutSell, OutGrow, and OutCompete the Rest as We STOMP The Scum Out!     -  Sales Training & Ongoing Support     -  Endorsement & Differentiation     -  Mentorship & CollaborationBecome one of us: https://www.rsra.org/joinText ‘DEMO' 303-222-7133 or call.FREE Training Center: https://theroofstrategist.com/free-training-centerLooking for a roofing sales job? Get connected with an RSRA Member: https://secure.rsra.org/find-a-jobGet My Book: https://a.co/d/7tsW3LxCONTACTCall/Text: 303-222-7133Email: help@roofstrategist.comFOLLOW ADAM BENSMANhttps://www.facebook.com/adam.bensman/https://www.facebook.com/RoofStrategist/https://www.instagram.com/roofstrategist/https://www.tiktok.com/@roofstrategisthttps://www.linkedin.com/in/roofstrategist/#roofstrategist #roofsales #d2d  #solar #solarsales #roofing #roofer #canvassing #hail #wind #hurricane #sales #roofclaim #rsra #roofingandsolarreformalliance #reformers

Human Solutions: Simplifying HR for People who Love HR
Peering into HR's Crystal Ball: 2024 and Beyond

Human Solutions: Simplifying HR for People who Love HR

Play Episode Listen Later Mar 19, 2024 19:06


What should HR professionals be thinking about from a compliance/best practice standpoint for 2024? In the fast-paced world of HR, juggling today's challenges while anticipating tomorrow's trends is crucial. This week, we cut through the noise, offering a blend of expert predictions and actionable insights. Kyle Pardo and Tom Jones join Pete Wright to tackle everything from the intricacies of current compliance issues, such as FLSA and leave laws, to the emerging trends of AI, skills-based hiring, and the transformative power of mindful leadership. What should HR pros be thinking about for 2024? It's all about getting equipped with the foresight to navigate the complexities of the HR landscape. Stay informed, stay prepared, and shape the future of your HR practice with us. Links & NotesReport: Employers don't practice what they preach on skills-based hiring AIM members can reach the HR Helpline at 800-470-6277, online, or via email at helpline@aimnet.org for inquiries Monday through Friday from 8:30 a.m. – 5:00 p.m. (EST). Email requests will be responded to within 24 hours. 

HR Mixtape
Navigating the Final Rule on Worker Classification with Corinne Tirone

HR Mixtape

Play Episode Listen Later Feb 27, 2024 13:54 Transcription Available


Working Dog Radio
Episode 207:⁣ Scientifically Speaking, Hemp VS Marijuana⁣

Working Dog Radio

Play Episode Listen Later Feb 16, 2024 104:39


Do you live in a state where marijuana is still illegal? If yes, you NEED to listen to this episode. ⁣ ⁣ Disclaimer: They want us to let all of you know that this study will come out after it is peer reviewed the 23rd of February.⁣ ⁣ Episode 207:⁣ Scientifically Speaking, Hemp VS Marijuana⁣ Your Working Dog Radio hosts, Eric @vanessk9 & Ted @ted_summers, sit down with⁣ Steven Antommarchi of @nextlevelk9texas⁣ about a huge K9 study that aimed to see if marijuana trained dogs would hit on hemp (spoiler alert: yes!) The gents also delve a bit into the mitigation piece of the research as well, so don't panic! You'll want to listen to the episode NOW, and then get your paws on the study after it's peer review later this month.⁣ ⁣ ⁣ Over the last 15 years, Antommarchi has held the law enforcement titles of Patrol Officer, Canine Handler, Canine Supervisor, Canine Trainer and Interim Chief of Police.⁣ ⁣ His first encounter with a K9 team was in New York City on September 11, 2001. He witnessed a SAR team fighting through horrible conditions, while overcoming serious injury for the sake of saving lives. That encounter made such a profound impression on him that he knew what he wanted to do for the rest of his life. 15 years later, on July 7, 2016, in Dallas, Texas, K9 Officer Antommarchi found himself in the middle of the deadliest attack on law enforcement since 9/11. Tasked with the responsibility of clearing the downtown area for improvised explosive devices, the reason he got into working K9s came full circle.⁣ ⁣ Being mentored by Tony Guzman and Robert “Bob” Suarez, Antommarchi is the Founder of Next Level K9 Texas, an Instructor for the Texas School Safety Center at Texas State University and K9 case study trainer for the Global Forensic Justice Center at Florida International University.⁣ ⁣ Most recently, he became one of the lead trainers and co-designer of the training methodology for a scientific study on “Hemp vs Marijuana.” This study is to evaluate the ability for narcotic detector dogs to discriminate between the odor of marijuana and hemp. The study is being headed by Dr. Kelvin Frank of Florida International University and is in the process of being submitted for publication.⁣ ⁣ Make sure you give him a follow below.⁣ Personal ⁣ @stevenanto on Facebook ⁣ Work⁣ @nextlevelk9texas on IG and Facebook Join us on our member platform through our youtube channel to get access to perks: https://www.youtube.com/channel/UC8D9WOH6ny8eoiTCxFNpBtQ/join

Land Line Now
Land Line Now, Feb. 15, 2024

Land Line Now

Play Episode Listen Later Feb 16, 2024 50:37


Lewie Pugh has traveled to Washington, D.C., to discuss speed limiters, truck parking and more. We'll find out why face-to-face meetings are important. Also, FMCSA is working on a new method for determining safety fitness – and OOIDA has some ideas of what the agency should not do in creating that new standard. Then, Marty Ellis describes an encounter he had with one of the new electric trucks out on the road. 0:00 – Newscast  10:00 – Pugh covers speed limiters, parking and more with lawmakers 24:52– FMCSA contemplates changes to safety fitness determination 39:54 – An encounter with an electric truck

Working Dog Radio
Episode 206: The Ins and Outs of Running a Dog Business, and What You Need to Get Started! ⁣

Working Dog Radio

Play Episode Listen Later Jan 27, 2024 103:24


Get your pen and paper out, and start taking notes! Eric @vanessk9, Ted @ted_summers, and Alesha @wdrginger sit down to discuss what it takes to run a successful canine business. As you guys know, Eric owns Ridgeside K9 Ohio and Vaness K9 Academy, Ted and Alesha own Torchlight K9 and Torchlight Pets. The trio get into the nitty gritty and talk about everything from the challenges, strategies, and what you need to know! ⁣ ⁣ They emphasize the importance of understanding the business side of the industry, and the need for both training and business skills. They share insights on starting and growing a kennel, including the importance of proper funding and insurance. They chat about the benefits of starting with pet dogs and the challenges of managing employees in a growing business. They cover topics such as the difficulties of spending money on advertising, the effectiveness of Google AdWords, the importance of having employees in the building, the benefits of internships, and the challenges of hiring in the current job market. They also discuss the day-to-day operations of a kennel, the challenges of scaling the business, and the processes involved in selling police dogs. They emphasize the importance of content creation and marketing in promoting the business, and provide insights into billing and payment processes for police dogs. ⁣ ⁣ If you own a dog training business, are just getting started or planning on it, you do not want to miss this episode! Sit down, buckle up, and enjoy this information-packed episode Join us on our member platform through our youtube channel to get access to perks: https://www.youtube.com/channel/UC8D9WOH6ny8eoiTCxFNpBtQ/join

The Jason Cavness Experience
For this episode of The Jason Cavness Experience, I am covering HR Laws you have to follow if your company has 49 or fewer employees

The Jason Cavness Experience

Play Episode Listen Later Jan 14, 2024 22:53


For this episode of The Jason Cavness Experience, I am covering HR Laws you have to follow if your company has 49 or fewer employees CavnessHR Product/Market Fit Validation and Tech Platform Validation To help us with our product market fit and tech platform validation. We are providing Employee Handbooks and HR policies at no cost to companies with 49 or fewer people in the city of Seattle. Email me at jasoncavness@CavnessHR.com if you are interested in this. Go to www.thejasoncavnessexperience.com for the full episode and other episodes of The Jason Cavness Experience on your favorite platforms.  Sponsor  CavnessHR delivers HR companies with 49 or fewer people with our HR platform and by providing you access to your own HRBP. www.CavnessHR.com HR Laws for Small Business with 49 or fewer employees  If you have at least one employee, the following HR laws apply to you.  Drug-Free Workplace Act: The Drug-Free Workplace Act of 1988 only applies to federal grant recipients and federal contractors with a contract for more than $100,000. Drug-Free Workplace Requirements Generally, it requires that covered employers: adopt a drug-free workplace policy; and establish a drug-free awareness program. Employers faced with alcohol and drug use in the workplace often consider employee and applicant drug testing as a way to reduce safety risks and avoid other problems caused by employee drug use. Employers that use drug testing should be aware of the many laws and regulations governing safety, employee privacy, and disability.  The issues involved include both legally mandated and voluntary drug-free workplace programs, discrimination and accommodation, testing, and special requirements for the transportation industry. Electronic Communications Privacy Act (ECPA): Prohibits intentional interceptions of wire, oral, or electronic communications. https://it.ojp.gov/privacyliberty/authorities/statutes/1285 Employee Polygraph Protection Act: Forbids most employers to use lie detectors. Poster required.  https://www.dol.gov/agencies/whd/polygraph Employee Retirement Income Security Act (ERISA): Regulates benefits through a complex series of rules covering pensions, profit-sharing, stock bonus, and most insurance and other benefit plans. What is ERISA? The Employee Retirement Income Security Act (ERISA) was enacted to ensure that employees receive the pension and other benefits promised by their employers. ERISA also incorporates and is tied to Internal Revenue Code (IRC) provisions designed to encourage employers to provide retirement and other benefits to their employees. Most provisions of ERISA and the IRC are intended to ensure that tax-favored pension plans do not favor the highest-paid employees over rank-and-file employees. ERISA has a complex series of rules that cover pension, profit-sharing, stock bonus, and most “welfare benefit plans,” such as health and life insurance. ERISA has created a single federal standard for employee benefits, and it supersedes almost all state laws that affect employee benefit plans. An employer's responsibilities under ERISA vary depending on the type of plan involved. https://www.dol.gov/general/topic/retirement/erisa Military Leave -Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994: Prohibits discrimination against those who serve in the military; mandates military leave of absence.  With the increased use of reserve and National Guard troops in full-time military service, employers must frequently deal with the requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 when those employees are called to active services and when they return. USERRA governs the leave and reinstatement requirements for military personnel. The law contains specific requirements for protected leave, rules for benefits employees are entitled to during military leave, and the requirements for reinstatement back in the civilian workforce.  https://www.dol.gov/vets/programs/userra/userra_fs.htm Employee Right to Know Laws (Hazardous Chemicals in Workplace): A disclosure rule that requires private sector employers with hazardous substances in their workplace to develop a comprehensive hazard communication program to train and inform employees.  https://www.osha.gov/Publications/osha3111.html National Labor Relations Act (NLRA): Employees have the right to organize and bargain collectively for wages, hours, and working conditions. The National Labor Relations Act of 1935 (NLRA) was passed by Congress to encourage a healthy relationship between private sector workers and their employers. It was designed to curtail work stoppages, strikes, and general labor strife, which were viewed by Congress as harmful to the economy and the nation's welfare. To this end, the Act defines and protects the rights of employees and employers, encourages collective bargaining, and prohibits certain practices on the part of both labor and management. The NLRA also provides a system for conducting elections to determine who represents the employees and for enforcement of the strictures against unfair practices by any of the parties.  https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act Occupational Safety and Health Act (OSHA): Employers must furnish a workplace that is free from recognized hazards. Poster required. https://webapps.dol.gov/elaws/elg/osha.htm Equal Pay Act (EPA): Forbids discrimination in pay on the basis of gender. Poster required. Two federal statutes prohibit gender-based differences in pay: the Equal Pay Act of 1963 (EPA) and Title VII of the Civil Rights Act of 1964 (Title VII). Title VII and other federal laws also prohibit pay discrimination based on race, color, religion, national origin, age, and disability. Although the EPA and Title VII both prohibit pay discrimination based on gender, the laws differ in several aspects, including coverage, enforcement, and remedies.  https://www.eeoc.gov/laws/statutes/epa.cfm Fair Labor Standards Act (FLSA): Regulates the payment of minimum wages and overtime. Poster required. The Fair Labor Standards Act (FLSA), also known as the federal Wage and Hour Law, regulates minimum wage, overtime, equal pay, recordkeeping, and child labor for employees of enterprises engaged in interstate or foreign commerce and employees of state and local governments. The FLSA is enforced by the Wage and Hour Division of the U.S. Department of Labor (DOL). The FLSA applies in all states, but states are permitted to develop their own laws and regulations to provide even greater protection for their workers than is provided under federal law. In cases in which the two laws conflict, the law most beneficial to the employee prevails. Therefore, it is essential that employers understand both the state and federal laws. https://www.dol.gov/agencies/whd/flsa Immigration Reform and Control Act (IRCA): Employers must verify that workers are legally entitled to work in the United States. IRCA also prohibits employers from discriminating in hiring, firing, recruiting, or referring based on national orgin or citizensip status. It is also illegal to retaliate against an employee who has filed.  The Immigration Reform and Control Act of 1986 (IRCA) bars employers from hiring individuals, including undocumented immigrants, who are not legally entitled to work in the United States Employers must verify that individual are eligible to work by obtaining an Employment eligibility Verification Form, know as Form I-9 and inspecting the required supporting documents at the time of hiring. I-9 forms must be retained for 3 years after the worker is hired or for one year after termination, whichever is longer. https://www.uscis.gov/i-9 Federal Income Tax Withholding:  Employers are required to make deductions from employees' pay for Social Security. Employers are required by law to make deductions from the pay of their employees for federal income tax, for Social Security tax under the Federal Insurance Contribution Act (FICA), and for Medicare tax. The government provides detailed tables for the computation of these withholding amounts. Internal Revenue Service (IRS) Publication 15 (Circular E), Employer's Tax Guide, provides details and may be obtained on the IRS website athttps://www.irs.gov/forms-instructions.  What do employers need to consider regarding Social Security and Medicare? The Social Security program was created by the federal Social Security Act. It is a worker-employer-government insurance program, covering benefits for retirement, survivors, disability and Medicare. Employers withhold two separate taxes from employees' paychecks. One is the Social Security tax and the other is the Medicare tax. Medicare, which is funded through taxes, provides health insurance for people aged 65 or older and many people with disabilities. Medicare consists of Parts A (hospital insurance), B (medical insurance), and C (Medicare Advantage), which offer additional preventive health benefits and patient protections. In 2006, Medicare began offering prescription drug plans, known as Part D.  https://www.irs.gov/individuals/international-taxpayers/federal-income-tax-withholding Federal Insurance Contributions Act (FICA) of 1935 (Social Security): Employers and Employees are required to contribute to Social Security and Medicare. https://www.irs.gov/taxtopics/tc751 Health Insurance Portability and Accountability Act (HIPAA): Limits the duration of pre-existing condition exclusion in group health plans and gives new enrollees credit for prior coverage. https://www.hhs.gov/hipaa/index.html If you have at least 15 employees, the following HR laws apply to you. Americans with Disabilities Act (ADA): Forbids discrimination against the disabled. The Americans with Disabilities Act (ADA) prohibits disability discrimination. In the workplace, employers cannot discriminate against a qualified individual with a disability. Reasonable accommodation by employers is required absent undue hardship. The ADA Amendments Acts of 2008 (ADAAA) and its regulations significantly broadened the definition of disability, shifting the focus away from whether an individual has a disability and toward whether discrimination occurred.  https://www.dol.gov/general/topic/disability/ada Pregnancy Discrimination Act (PDA): Forbids discrimination on the basis of pregnancy, childbirth, or related medical conditions. Several federal laws protect or grant rights to workers on the basis of pregnancy or related medical conditions. These rights and protections may include the right to be free from discrimination, harassment, and stereotypes; the right to reasonable workplace accommodations, such as job modifications, extended or additional breaks, and leave; the right to leave for pregnancy, childbirth, related medical conditions, and bonding; and the right to equivalent fringe benefits, such as health insurance. https://www.eeoc.gov/laws/statutes/pregnancy.cfm Genetic Information Nondiscrimination Act: To prohibit discrimination on the basis of genetic information with respect to health insurance and employment. The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants. https://www.eeoc.gov/laws/statutes/gina.cfm Title VII of the Civil Rights Act of 1964: Prohibits discrimination on the basis of race, color, religion, sex, and national origin. Federal fair employment laws protect employees from discrimination based on age, race, color, sex, national origin, religion, disability, and genetic information. Federal law covers employers of 15 or more employees, except for the Age Discrimination in Employment Act (ADEA), which covers employers with 20 or more employees. State laws often cover employers with fewer employees and provide protection for groups not covered under federal law. Certain individuals in the workplace, such as independent contractors, are not protected by federal fair employment laws if they are not employees. Employers are liable for discriminatory acts by supervisors—in some cases, strictly liable. There are many preventive measures an employer can take to reduce the probability of being sued for discrimination. Civil rights laws also impose numerous recordkeeping requirements on employers. https://www.eeoc.gov/laws/statutes/titlevii.cfm Civil Rights Act of 1964 (Update): Extends prohibition of discrimination on the basis of sex to gay, lesbian, and transgender individuals. https://www.npr.org/2020/06/15/863498848/supreme-court-delivers-major-victory-to-lgbtq-employees If you have at least 20 employees, the following HR laws apply to you. Age Discrimination in Employment Act (ADEA): Forbids the discrimination on the basis of age 40 and over. The Age Discrimination in Employment Act (ADEA) prohibits all public employers and private employers with 20 or more employees from discriminating against employees or applicants based on age. Individuals must be at least 40 years of age to be covered by the ADEA. Harassment of employees based on age is also unlawful discrimination. The ADEA also protects an older worker's disability payments, retirement incentives, life insurance, pension, and retirement plans. Amendments to the ADEA set out standards for waivers of legal rights by older employees in return for retirement incentives. Many states also have fair employment laws that prohibit age discrimination. Different age groups may be protected under state law, and smaller employers may be subject to state requirements. https://www.eeoc.gov/laws/statutes/adea.cfm Consolidated Omnibus Benefits Reconciliation Act (COBRA): Requires that employees who lose coverage under group health plans be given a continuation option. https://www.dol.gov/general/topic/health-plans/cobra CavnessHR Product/Market Fit Validation and Tech Platform Validation To help us with our product market fit and tech platform validation. We are providing Employee Handbooks and HR policies at no cost to companies with 49 or fewer people in the city of Seattle. Email me at jasoncavness@CavnessHR.com if you are interested in this.

Working Dog Radio
Episode 205: Everything marijuana with Eric and Ted⁣

Working Dog Radio

Play Episode Listen Later Jan 4, 2024 86:52


If weed is legalized, do you get rid of your K9 that was imprinted on it? ⁣ Your hosts sit down and talk about everything marijuana! This is a really important episode to sit down and listen to. Ted and Eric talk about the whole “un-imprinting” thing people are trying to do in relation to marijuana. They talk about court cases, share examples, and talk about states that are either making marijuana legal, medical, and/or recreational, like Ohio recently did. They talk about how that affects the training of the dogs, and what you should do if you're caught in a similar situation!⁣ Join us on our member platform through our youtube channel to get access to perks: https://www.youtube.com/channel/UC8D9WOH6ny8eoiTCxFNpBtQ/join

Working Dog Radio
Episode 204: The Underdogs: Conquering Life with Man’s Best Friend and SEAL Team —–⁣

Working Dog Radio

Play Episode Listen Later Dec 14, 2023 122:38


Your Working Dog Radio hosts sit down with second time guest, Benito Olson. (Olson previously joined us for Episode 11- Master at Arms Benito Olson, and gave us an inside look at the event that should have killed him, so be sure to give that a re-listen!). In this episode, the gents chat about Olson's upbringing, a divided home, a father in prison, and being an “underdog”. They delve into his military history, Operation Iraqi Freedom, the detonation that critically wounded him, while burying him, his teammates, and his dog. They also discussed overcoming the odds, recovering from his injuries, joining a Joint Task Force to support Operation Enduring Freedom, and his multiple deployments to Afghanistan. ⁣ ⁣ His military career gave him the opportunity to work with some of the country's finest trainers after being recruited to train dogs for Navy SEAL teams. After being Medically Retired from the Navy (and heavily decorated for his service), Olson started his own dog training business, Patriot Dog Training. ⁣ ⁣ Most recently, Olson published a new book titled “The Underdogs: Conquering Life with Man's Best Friend and SEAL Team”. A book synopsis states “Olson's story promises a raw insight into the human spirit and a roadmap for how perseverance and brotherhood can help you climb the most insurmountable mountain.” So after you've finished this episode, get your paws on a copy of his book, you won't be disappointed. ⁣ ⁣ Preorder his book at this link or on Amazon - https://ballastbooks.com/purchase/the-underdogs/⁣ ⁣ Follow him at @patriotdogtraining or @bennythedogguy Join us on our member platform through our youtube channel to get access to perks: https://www.youtube.com/channel/UC8D9WOH6ny8eoiTCxFNpBtQ/join

Working Dog Radio
Episode 203: Helen Keller can track in a straight line with Brad Gillespie 

Working Dog Radio

Play Episode Listen Later Nov 30, 2023 41:36


This is our fifth episode from our HITS K9 conference series. Speaking of HITS, they will be returning August 26-29, 2024 at the HYATT REGENCY in New Orleans, LA. Get your tickets to this conference early!⁣ hitsk9.net⁣ The gents chat with Brad Gillespie about teaching two different tracking classes at the HITS K9 Conference. In this episode, we get heavy into tracking, and Gillespie's extensive experience. Gillespie has been handling and training Police and Military Working Dogs for over 20 years. He has hundreds of operational K9 tracking apprehensions, and is currently a trainer for the second largest K9 program in Canada where he specializes in tactical integration of K9 teams and explosive detection. Gillespie was previously the Ontario director of the CPCA for three years. He began his K9 career with the Winnipeg Police Service and then spent some time with the military before becoming a K9 trainer for the Ontario Provincial Police. Gillespie currently handles a single purpose Explosive Detection Dog as well as a General Service Dog. He is a director for the Canadian Police Canine Association and also supports training through Full Spectrum K9 International (a non-profit organization) where he emphasizes training development of the dog, the handler and the team. Gillespie's combined Military and Police experience afford him a perspective that facilitates the development and employment of area of operation, principle based tactics. This is another information-packed episode that you do NOT want to miss! Join us on our member platform through our youtube channel to get access to perks: https://www.youtube.com/channel/UC8D9WOH6ny8eoiTCxFNpBtQ/join

Working Dog Radio
Episode 202: Detection Deep Dive with Darren (DJ) Holmes⁣

Working Dog Radio

Play Episode Listen Later Nov 16, 2023 58:36


This is our fourth episode from our HITS K9 conference series. Speaking of HITS, they will be returning August 26-29, 2024 at the HYATT REGENCY in New Orleans, LA. Get your tickets to this conference early!⁣ hitsk9.net⁣ ⁣ Darren DJ Holmes wants to know the “What am I doing”. That he could be doing better, the why, and the how when it comes to detection based training. ⁣ ⁣ Holmes cut his teeth with hunting dogs. He was an amateur competitor in hunting and retrieving, and then got into defense contracting. ⁣ ⁣ Eric talks about how bird dog hunters are light years ahead of the rest of the dog world when it comes to training. ⁣ ⁣ The gents talk about Holmes' operational training for his defense contracting, and off leash safe stand off distance with Marines and IEDS. Holmes talks about how they had 70 days to certify once procured and shaping this program. After his IED contract, Holmes stayed in defense contracting for a few more years, then made the switch back to training dogs full time. After Covid hit, he threw his hat in the law enforcement arena working in the jail, then special assignment moving prisoners and high risk transports. From there, they got a grant approval to start a K9 program in the detention center. He started from the ground up creating the dog program with the center. The guys talk about the fentanyl problem and the “do we / don't we” problem. The guys then get into the science piece.  They talk about how more teachers have Dr. in front of their names, how it has gotten more science based, and how they feel like the science should back up what they are saying. When science and art mix, it gets a little funky at times. This is an important conversation for everyone to listen to and see how science fits into what you are doing as a handler. Join us on our member platform through our youtube channel to get access to perks: https://www.youtube.com/channel/UC8D9WOH6ny8eoiTCxFNpBtQ/join

Working Dog Radio
Episode 201: Humping HHogan with Sarah Carver

Working Dog Radio

Play Episode Listen Later Nov 2, 2023 46:28


This is our third episode from our HITS K9 conference series. Speaking of HITS, they will be returning August 26-29, 2024 at the HYATT REGENCY in New Orleans, LA. Get your tickets to this conference early!⁣ hitsk9.net⁣ ⁣ ⁣ You guys ask us all the time when are we going to have more female handlers on, and we are joined by our second female handler from the HITS K9 conference, Sarah Carver. ⁣ ⁣ Carver joined the United States Navy right out of high school from Cheyenne, Wyoming. She wanted to join K9 since she started, and everyone told her that was never going to happen. ⁣She was persistent, spent her off time volunteering in the kennel, making connections, and not taking “No” as her final answer. Three years in, and she finally got what she was working so hard for. Carver spent the next five years as a Military Law Enforcement Officer and Military Working Dog Handler.⁣ ⁣Carver's experience includes handling dual purpose bomb dogs, single purpose narcotics dogs, K9 training, and K9 veterinary care.⁣ She shares stories about her first two dogs (both of whom were 12 years old, and could care less about her), her first green dog (a dog that shouldn't have been working, but it taught her a lot!), a scrappy little Jack Russel Terrier (and why she feels obedience is still important, even for the little guys! The JRT made such an impression on her, he ended up being her favorite to work), and a dog who earned the title of this episode Carver also discusses her path into K9 after her time in the Navy as well, including an internship with Brad at Pacesetter K9⁣. Lots of great stories and lessons in this episode, be sure to check it out!! Follow her at @Sarah.carver95 on instagram Join us on our member platform through our youtube channel to get access to perks: https://www.youtube.com/channel/UC8D9WOH6ny8eoiTCxFNpBtQ/join

Working Dog Radio
Episode 200: Floppy Ears with Laura Griffith ⁣

Working Dog Radio

Play Episode Listen Later Oct 19, 2023 37:02


This is our second episode from our HITS K9 conference series. Speaking of HITS, they will be returning August 26-29, 2024 at the HYATT REGENCY in New Orleans, LA. Get your tickets to this conference early!⁣ ⁣ hitsk9.net⁣ ⁣ Eric also talks about his E-collar Without Conflict class; he has seminars coming up and you don't want to miss them! ⁣ ⁣ You guys ask us all the time when are we going to have more female handlers on, we are happy to have sat down with Laura Griffith, Co-Owner of Pacific Coast K9 for our 200th EPISODE! ⁣ Griffith started her career in 1991 as a Canadian customs officer. After 8 years, she passed up a supervisor position to become a K9 handler in 1999. She was told she was ruining her career and that she would never get anywhere in K9. Look at her NOW! Griffith talks about being a female in law enforcement, you have to shoot 5 times better and run your dog better to be taken seriously as a female in law enforcement.  ⁣ ⁣ Since Griffith had dual citizenship and was sick of the politics, she applied to the U.S. Customs and Border, and was hired on as an officer. After 6 years, she then applied for a position as a Marine Interdiction Agent. She was 1 of 2 females, out of 300 agents across the U.S. She conducted operations via various vessels and aircraft in the San Juan Islands, WA.⁣ ⁣ Griffith then started her own company with her husband, Ken Pavlick, in 2003.  (You may recognize Pavlick's name from the working dog world and Episode 27.) Together, they formed Pacific Coast K9, where they offer an intangible that most other canine training facilities cannot – EXPERIENCE! The staff of Pacific Coast K9 possess over 50 years of operational experience with handling the types of canines they train and sell. At Pacific Coast K9, their experience includes:⁣ Patrol⁣ Explosive Detection⁣ Narcotic Detection⁣ Cadaver Detection⁣ Tactical Deployment (S.W.A.T.)⁣ While there are many choices in canine training facilities, few can offer the training based on real world experience provided by Pacific Coast K9.⁣ ⁣ Check them out at https://www.pacificcoastk9.com/ Join us on our member platform through our youtube channel to get access to perks: https://www.youtube.com/channel/UC8D9WOH6ny8eoiTCxFNpBtQ/join

The Weeds
Why is child labor making a comeback?

The Weeds

Play Episode Listen Later May 17, 2023 53:15


The first child labor law in America went on the books almost 200 years ago, and federal labor protections were enshrined in the Fair Labor Standards Act nearly 100 years later in 1938. So almost a century after the passage of the FLSA, why are we seeing reports of children working in factories, slaughterhouses, and even at McDonald's? Meanwhile, state legislators are introducing bills across the country that further weaken child labor protections. Historian Beth English and Vox senior policy reporter Rachel Cohen explain. References: The Republican push to weaken child labor laws, explained | Vox Alone and Exploited, Migrant Children Work Brutal Jobs Across the U.S. | The New York Times 10-year-olds among hundreds of children found working at McDonald's restaurants | NBC News  Credits: Jonquilyn Hill, host Sofi LaLonde, producer Brandon McFarland, engineer A.M. Hall, editorial director of talk podcasts Want to support The Weeds? Please consider making a donation to Vox: bit.ly/givepodcasts Learn more about your ad choices. Visit podcastchoices.com/adchoices