Podcasts about hour division

The Jason Cavness Experience

Play Episode Listen Later Feb 7, 2024 59:41

On January 18, the Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce. These cases will determine whether Chevron v. NRDC, a 1984 case in which the Court held that courts should defer to agency interpretations of ambiguous statutes, should be overturned.This program will discuss the potential effect of the decision on new rulemaking, specifically in labor law. The discussion will cover how deference has been applied in the past and how Loper and Relentless may impact recent rulemaking. The program will focus on a series of recent rulemaking, including the Section 541 Exemption Revision of the Fair Labor Standards Act, the NLRB's modified Independent Contractor Standard, the NLRB Joint Employer rule, and the FTC proposal to ban Non Compete Clauses.Please join us as an expert panel addresses recent rulemaking and more in pursuit of understanding the potential fallout after Loper and Relentless.To learn more about Loper's potential impact on Labor Law, check out Alex MacDonald's article on the subject here. Featuring:Alexander Thomas MacDonald, Shareholder LittlerHon. Tammy Dee McCutchen, Former Administrator, Wage and Hour Division, U.S. Department of Labor

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

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.

Meet Jessica Looman, Administrator of DOL's Wage & Hour Division

The DC Insider - Employer Update Podcast

Play Episode Listen Later Jan 4, 2024 28:47

The first episode of the DC Insider for 2024 is a very informative discussion between The Honorable Jessica Looman, Administrator of the US DOL's Wage and Hour Division, and FortneyScott Co-Founder David Fortney. Ms. Looman, the recently confirmed top wage and hour official, addresses the Division's plans for 2024, including compliance and enforcement priorities, new overtime and independent contractor regulations, sub-regulatory guidance, and key take-aways for employers' compliance efforts.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/

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Deli Products Manufacturer Owes $3M for Overtime Violations

IEN Radio

Play Episode Listen Later Dec 21, 2023 2:11

A joint investigation into a meat processing and packaging plant in Elk Grove, Illinois, has uncovered $3 million in back wages, damages and interest for 283 workers following violations of the Fair Labor Standards Act and the Illinois Minimum Wage Law.The Department of Labor's Wage and Hour Division and the Illinois Office of the Attorney General discovered that deli products manufacturer Greenridge Farms Inc. paid workers a single rate for their hours worked from at least 2013 to 2022. However, the company is legally obligated to compensate its employees at a rate of time and a half for any hours over 40 in a work week.Download and listen to the audio version below and click here to subscribe to the Today in Manufacturing podcast.

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Federal Regulatory Agenda, and the Impact on Employers

The DC Insider - Employer Update Podcast

Play Episode Listen Later Dec 18, 2023 24:31

The last episode for 2023 focuses on the Fall 2023 Federal Regulatory Agenda, published December 6th, that provides the latest insights into the Biden Administration's plans for new regulations in 2024. Join David, Burt and Nita as they unravel the numerous new regulations that impact employers being developed by the federal agencies governing the workplace, including DOL's Wage and Hour Division, OSHA, OFCCP, and federal contractors, prevailing wages and benefits, EEOC, and the nontraditional workplace agencies, including the FTC and SEC.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/

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Workers Rights 101

Green Socialist Notes

Play Episode Listen Later Oct 26, 2023 82:15

From wage theft to employment status to anti-discrimination laws, this workshop looks at basic workers' rights and how to advocate for yourself in the workplace. This workshop is part of the Green Socialist Organizing Project's 101 Series of workshops. To learn more about the series visit https://greensocialist.net/101s/. This workshop was presented on September 26, 2023This workshop was presented by Chris Blankenhorn Video of the workshop: https://youtube.com/live/_0EqNnNbTp8 View the slideshow used in this workshop: https://docs.google.com/presentation/d/1SuAHhEGaaG2ViCgEFULjkm54vevZX0MzUHLQa3OszBg/edit?usp=drive_link Resource Links National Labor Relations Board: https://www.nlrb.gov/ US Department of Labor: https://www.dol.gov/ US DoL Wage and Hour Division: https://www.dol.gov/agencies/whd Family and Medical Leave: https://www.dol.gov/general/topic/ben... Occupational Safety and Health Administration: https://www.osha.gov/ Equal Employment Opportunity Commission: https://www.eeoc.gov/ Worker Organizing Resource and Knowledge Center: https://www.workcenter.gov/ Worker.gov (Catch All Workers' Rights Resource: https://www.worker.gov/ IRS Form SS8 (Independent Contractor Determination): https://www.irs.gov/pub/irs-pdf/fss8.pdf EPI on Wage Theft: ⁠https://www.epi.org/publication/employers-steal-billions-from-workers-paychecks-each-year/

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From Arkansas to New Hampshire, states are rolling back child labor laws

Under the Radar with Callie Crossley

Play Episode Listen Later Oct 22, 2023 34:57

A century ago, images of young children working in factories under dangerous working conditions shocked Americans. Since then, numerous child labor protections have been put in place to prevent exploitation and abuse. But in the past two years, child labor laws have entered the crosshairs of some lawmakers. At least 10 states have introduced or passed legislation loosening child labor protections, including New Hampshire. Now, Granite State children as young as 14 can work around alcohol and 16-year-olds can work an almost 40-hour week. "[Nationwide] we're finding kids in automobile factories on the floor of a packing house, or some chicken processing plants and in other manufacturing facilities, in seafood, in lots of industries where we really haven't seen children working in decades," said David Weil, Brandeis University professor and a former administrator for the Wage and Hour Division at the U.S. Department of Labor. "And now we're finding them in significant numbers and in very dangerous conditions, so it's unfortunately a real return to the past." Some lawmakers are saying changing youth labor rules will help address worker shortages, but experts and advocates worry that these measures will negatively impact minors. "We're seeing a coordinated multi-industry push to roll back labor standards, and what that's really reflecting is industry's desire to maintain and expand their access to pools of low wage labor," said Jennifer Sherer, director of the State Worker Power Initiative at the Economic Policy Institute. "And in this case doing that in a really disturbing way that can expose children to hazardous conditions or long, excessive hours that we know based on research, can put kids in a high risk category for their grades slipping." What's behind the newfound push to relax child labor laws? GUESTS Jennifer Sherer, director of the State Worker Power Initiative at the Economic Policy Institute David Weil, professor at Brandeis University and former administrator of the Wage and Hour Division at the U.S. Department of Labor

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517: Child Labor Enforcement and Proposed FLSA Overtime Exemption Regulations in the United States

Employment Matters

Play Episode Listen Later Sep 12, 2023 17:48

On this episode, we discuss the US Department of Labor's recent developments in the Wage and Hour Division, involving (1) child labor compliance and (2) new proposed regulations impacting which employees receive overtime. 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: David Fortney (email) (FortneyScott, LLC / District of Columbia)Support the showRegister on the ELA website here to receive email invitations to future programs.

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BRPD ‘Brave Cave'; efforts to report labor violations; relocating residents in flood-prone areas

Louisiana Considered Podcast

Play Episode Listen Later Aug 31, 2023 24:29

The Baton Rouge Police Department is under scrutiny after news broke of its so-called “Brave Cave,” a BRPD warehouse at police that was allegedly used as an unmonitored interrogation room. One BRPD officer resigned shortly after the facility's existence was reported Tuesday. Lara Nicholson has been covering this story for the Baton Rouge Advocate and she joins us for more. Last week, the U.S. Department of Labor and the Workplace Justice Project in New Orleans signed a memorandum supporting workers who are paid low wages in Louisiana. The organizations will now partner to train workers to identify and report labor violations. Luz Molina, director and clinical professor for the Workplace Justice Project, and Troy Mouton, director of the Wage and Hour Division's New Orleans office, join us for more information on this new initiative. Even though we're in a drought, many Louisianans are still preparing for floods. For those who live along the coast and in floodplains, they're asking the same old questions: ‘Do I stay or go?' ‘Raise my home or find a place out of harm's way?' The Louisiana Watershed Initiative is not only encouraging residents in flood-prone areas to relocate, but actually helping them do so through home demolition and rebuilding projects. Pat Forbes, executive director of the Louisiana Office of Community Development, tells us more. Today's episode of Louisiana Considered was hosted by Bob Pavlovich. Our managing producer is Alana Schreiber and our assistant producer is Aubry Procell. Our engineer is Garrett Pittman. You can listen to Louisiana Considered Monday through Friday at 12:00 and 7:30 pm. It's available on Spotify, Google Play, and wherever you get your podcasts. Louisiana Considered wants to hear from you! Please fill out our pitch line to let us know what kinds of story ideas you have for our show. And while you're at it, fill out our listener survey! We want to keep bringing you the kinds of conversations you'd like to listen to. Louisiana Considered is made possible with support from our listeners. Thank you!See omnystudio.com/listener for privacy information.

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Wage Theft in US & NE Indiana MLR 7 12 23

My Labor Radio's Podcast

Play Episode Listen Later Jul 9, 2023 54:28

Meet Katherine Coker. We spend the hour talking about Wage Theft in Pennsylvania, Indiana & the US. We talk about some specific cases and scenarios of Wage Theft in PA & NE IN. We also have some other labor news and some great informational links below as well. You can find Katherine on TikTok at Katherine.Coker She also has some great WAGE THEFT Schwag you can access for doing that subtle thing of posting stickers in the community. You can follow her on YouTube KatherineCoker as well. She has some great writings you can learn from at her SubStack page linked here. The Philly Department of Labor website specific to Wage Theft is linked here. The HAll's Restaurant chain in NE Indiana has been charged in Federal Court for Wage Theft. The Department of Labor's Hour & Wage Division District Director Aaron Lewis said Luke Hall, GM of Don Hall's Factory Restaurant, agreed to change his business' practices, but he reportedly refused to pay back wages owed to his employees. Read about the DOL case from this Federal Court Filing. Here is the DOL's article detailing the Halls case. If you are in the Service Industry check out some of the resource links we have provided below. The Economic Policy Institute is a resource you should use as a Working Famly. They are at EPI.org Also check out this article on Wage Theft in America today. Read about the recovered Billions in Wage Theft here. In the Union News section we talk about the Strike in Erie PA by UE Local 506 & 618 members, Follow the link for more details. Another resource for Restaurant Workers is ROC United - ROCUnited.org An example of a community group developed to help exploited workers, check out Chicago based ARISE Chicago. For Indiana Department of Labor Wage and Hour Division nformation check it out here WAGE & HOUR - this is an stark example of a Republican ran state, very weak offerings if you need help. The state proves they do not support Working Families, they just provide the bare minimum required and then they underfund that. Thanks for listening, Find us on the web at My Labor Radio and on Twitter we are @mgevaart

Episode 39: Wage & Hour Division's Resource Challenges Impacting Enforcement, Rulemaking

Policy Matters

Play Episode Listen Later Jun 30, 2023 13:09

On this episode of the Policy Matters Podcast, Seyfarth attorneys Scott Hecker and Ariel Fenster discuss the U.S. DOL Wage and Hour Division's (“WHD”) resource limitations, and how those are impacting WHD priorities, like child labor law investigations and various significant rulemakings. The low number of investigators leads to high stress and low morale for those remaining, and WHD workers may feel overburdened and under-resourced. Join Scott and Ariel as they share their thoughts on these interesting developments, including how employers may be affected by these issues.

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Nicole Sellers District Director of U.S Department of Labor/Wage and Hour Division

Central Texas Living with Ann Harder

Play Episode Listen Later May 17, 2023 30:32

Ann talks to Nicole Sellers District Director of U.S Department of Labor/Wage and Hour Division about labor classifications. Hotline: 1-866-487-9243 To get in contact with Nicole Phone: (512)-236-2568 Email: sellers.nicole@dol.gov Learn more about your ad choices. Visit megaphone.fm/adchoices

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Rule Reversals: Death Penalty Drama, Teen Workforce Dilemmas, and the Immigration Clash

The LIEB CAST

Play Episode Listen Later May 5, 2023 31:22

In this week's episode, we dive into the controversial topics currently making headlines across the nation.First, we discuss the recent Florida law attempting to overturn the Supreme Court case Kennedy v. Louisiana, allowing the death penalty for rape of a child in an 8 to 4 vote. We explore the implications of this decision and examine the public's reaction to this dramatic change in legislation.Next, we shift our focus to the Department of Labor's Wage & Hour Division and their enforcement of federal child labor laws. We analyze Arkansas Governor Sarah Huckabee Sanders' proposal to allow teens as young as 14 to work without obtaining a permit. What does this mean for our youth and the future of the workforce?Lastly, we tackle the ongoing debate surrounding minors in the workforce versus immigrants. As the controversy continues to unfold, we evaluate the potential consequences of these policies and the impact on our society as a whole.Join us for this thought-provoking episode as we navigate the complexities of these pressing issues and encourage open dialogue to better understand the implications of these decisions. Don't miss out on this vital conversation - tune in now!

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Sea levels are rising at record-breaking rates in the Gulf South, Tulane study says

Louisiana Considered Podcast

Play Episode Listen Later Apr 12, 2023 24:28

Sea levels along the U.S. Southeast and Gulf coasts have been rapidly accelerating, rising faster than the average rate worldwide. According to a new study led by scientists at Tulane University, this has amounted to record-breaking rates over the past 12 years. Sönke Dangendorf, assistant professor in the Department of River-Coastal Science and Engineering at Tulane, tells us more about what the recent study reveals about the causes of accelerated sea level rise in this region. Working as an independent contractor comes with its own benefits, like flexibility and being your own boss. But it's also a classification that is sometimes abused by employers and keeps workers from getting necessary benefits. Troy Mouton, district director of the New Orleans office of the U.S. Department of Labor, Wage and Hour Division, and Ava Cates, secretary of the Louisiana Workforce Commission, tell us how misclassification impacts workers and the economy. But first, the dollar store expansion seems unstoppable. After all, Dollar General alone opens more than 1,000 stores a year across the United States. But some communities have fought against dollar stores trying to open in their towns and won, according to reporting from the Gulf States Newsroom's Stephan Bisaha. Today's episode of Louisiana Considered was hosted by Adam Vos. Our managing producer is Alana Schreiber and our digital editor is Katelyn Umholtz. Our engineers are Garrett Pittman and Aubry Procell. You can listen to Louisiana Considered Monday through Friday at 12:00 and 7:30 pm. It's available on Spotify, Google Play, and wherever you get your podcasts. Louisiana Considered wants to hear from you! Please fill out our pitch line to let us know what kinds of story ideas you have for our show. And while you're at it, fill out our listener survey! We want to keep bringing you the kinds of conversations you'd like to listen to. Louisiana Considered is made possible with support from our listeners. Thank you!See omnystudio.com/listener for privacy information.

How to Avoid the Biggest HR Mistakes Business are Making in 2023 with The HR Guy

Service Business Mastery - Business Tips and Strategies for the Service Industry

Play Episode Listen Later Nov 28, 2022 62:55

How to Avoid the Biggest HR Mistakes Business are Making in 2023 with The HR Guy “Overtime is not tied to an hourly rate, it is tied to the average that they earned over the pay period.” — Ian Schotanus Need help structuring your business or managing your employees? Look no further. We're up again with an amazing episode for you! So, do you have questions about Employee Relations/Management, Employment Law, Benefits Organizations, Compensation Compliance, or OSHA regulations? This episode offers awesome tips for you, thanks to the HR Guy we have on our show! Ian Schotanus is an HR & Safety Compliance Business Partner specializing in the HVAC, Plumbing, Electrical, and Roofing Industries. He is the owner and Lead Consultant at The Big Picture Consulting, a firm that specializes in providing business owners like you with vital Human Resources and safety-related information, resources, and answers, so you can make the right decisions for your company. Their unique experience working with residential service providers means they can provide guidance and expertise that you just won't find anywhere else. So, come join Tersh Blissett and his co-host Josh Crouch as they talk with Ian Schotanus HR, employee management, compensation structures, and much more. Learn the secrets to growing a profitable, thriving, and ever-expanding company from this episode. (Ian Schotanus is the Owner and Lead Consultant for The Big Picture Consulting. As a US Navy veteran with 2 Business Degrees, having worked in the retail/service field as both Sales and Technician, and over a decade's worth of experience as a National Level HR & Safety Compliance consultant, he has a well-established knowledge base specifically geared to assist Residential and Commercial Service Providers. He has personally assisted hundreds of companies to prevent or minimize financial damage caused by employee lawsuits, OSHA investigations, Wage and Hour Division audits, and more!) Want tips on how to overcome the challenges you'll face as a tradesperson? Do Not Miss This Episode. You'll love this podcast. In this episode we discuss: The biggest HR mistakes businesses are making in 2022. How to choose your pay structure and calculate compensation, including overtime. What you need to know when navigating termination and unemployment. Breaking Down Your 3 Main Options for Compensation Plans “In general, you have 3 main options for compensation plans, and there are a million variances… straight hourly, straight commission or piece rate incentive pay, or a combination of the both,” says Ian Schotanus [27:13-27:34] How to Calculate Overtime Rates and SPIFFs “If you're paying SPIFFs, commissions… for jobs done on the clock, regardless if you're paying hourly, that is their wages for the pay period. Overtime is not tied to an hourly rate, it is tied to the average that they earned over the pay period,” says Ian [54:00-57:26] Ian Schotanus recently joined Service Business Mastery Podcast and here are some highlights of the podcast: Ian Shares Navigating Compensation Plans and Pay Structures 3 main options you have for compensation plans The biggest mistakes home service businesses make with pay structures How to choose your pay structure and calculate compensation, including overtime. He discusses the biggest HR mistakes businesses are making in 2022. The show talks about what you need to know when navigating termination and unemployment. At-Will vs. For-Cause Legality and ethics of terminating employees Key Resources From This Episode: This episode is kindly sponsored by Sera, and CompanyCam for a 14-day trial and 50% off your first two months). and UpFrog Learn more about The Big Picture Consulting Connect with Ian Schotanus on Linkedin. Join the Service Business Mastery Facebook group. Email us at Podcasts@ServiceBusinessMastery.com Learn all about the Hosts of Service Business Mastery! Join the Service Business Mastery Facebook group. Listen to this podcast for insightful business advice. What are you waiting for? Tune into this fun episode for a quick boost to success. Tune in to hear the latest and greatest in business services trends on Service Business Mastery on Apple Podcasts, Spotify, and our website. Listening on a desktop & can't see the links? Just search for Service Business Mastery in your favorite podcast player.

Child labor law violations on the rise

South Carolina Business Review

Play Episode Listen Later Sep 29, 2022 5:59

Summer job season for teenagers has come to an end. And once again, our next guest says the number of teenage-related federal employment law violations continued to increase. Mike Switzer interviews Lucyana Roldán, with the U.S. Department of Labor's Wage and Hour Division in Columbia, SC.

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Episode 260: Industry Continues to Flex its Muscle in Washington, DC.

The Working Lunch

Play Episode Listen Later Aug 8, 2022 31:44

The industry has been enjoying a nice run of political success lately with the National Restaurant Association staring down the Small Business Administration over restaurant relief funds and the International Franchise Association basically determining who is and is not acceptable to run the Labor Department's Wage & Hour Division. To what do we owe this burgeoning political power? We'll discuss. And it's do or die time in California as the FAST Act takes center stage. We'll take a look at what industry leaders need to do this week to have a chance of winning. And the primary election train keeps on rolling and we'll discuss the results that could have oversized impacts on the industry - namely Michigan and Kansas. We'll discuss those issues and wrap it up with the legislative scorecard.

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How we Fight Human Trafficking With Paul Chang

The Influence Continuum with Dr. Steven Hassan

Play Episode Listen Later Apr 18, 2022 63:55

Paul Chang serves as a Regional Anti-Human Trafficking Coordinator at the U.S. Department of Labor – Wage and Hour Division. In his 25+ years with the agency, Paul worked on some of the most notorious cases as an investigator and Assistant District Director. He's developed numerous training materials and programs that also utilize my BITE Model and Influence Continuum. He has also been on a special assignment to the White House Initiative on Asian Americans Native Hawaiians and Pacific Islanders (WHIAANHPI) since 2013 where he currently serves as the National Co-Chair of the Regional Network. Learn more about Dr. Steven Hassan's work and find more resources at his website FreedomOfMind.com. Follow Dr. Hassan on Twitter here. Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 Zoomed In: https://pod.link/1580828633 The Weekend Show: https://pod.link/1612691018 Learn more about your ad choices. Visit megaphone.fm/adchoices

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DOL Finds Pay Practices Abusive to Warehouse Workers

IEN Radio

Play Episode Listen Later Apr 14, 2022 1:40

The U.S. Department of Labor's investigators and attorneys are working to prevent companies along the United States-Mexico border from exploiting Mexican workers. Wage and Hour Division investigators recently discovered three San Diego-area customs warehouses were violating the Fair Labor Standards Act.The employers, OMG Global Logistics, Atlas Freight Forwarding and Columbia Export Group PDSA, were ordered to pay approximately $2 million combined in minimum and overtime back wages to employees. It turns out the companies were paying wages as low as $2.50 per hour and also used Mexican affiliates to pay employees, making it appear as if they worked in Mexico rather than the United States. This took place in the San Diego neighborhood of Otay Mesa where some workers were making a daily international commute to work at warehouses. Columbia Export Group denied workers federal minimum wages and overtime premiums and ended up paying penalties to 60 employees.

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The FMLA: A cornerstone of job protection

Lincoln Absence Advisor

Play Episode Play 60 sec Highlight Listen Later Apr 11, 2022 41:50 Transcription Available

This episode focuses on a key aspect of the FMLA — job protection. Listen as three Lincoln absence and leave professionals discuss what job protection means under the FMLA, along with common viewpoints and misunderstandings from both an employer and employee point of view. We're all hearing more about the importance of employee benefits and flexible work arrangements; our discussion focuses on what that means to the significance of the FMLA as a cornerstone of employee leave and job protection.Resources mentioned in this episode: Conflict and Compromise by Ronald Elving, DOL'S FMLA Employer Guide, Wage and Hour Division by the numbers for FMLA© 2022 Lincoln National Corporation. All rights reserved. LCN-4614445-032222

compromise cornerstone wage fmla lcn hour division

The Rewards of Work: Lessons from the Fair Labor Standards Act

Opportunity in America - Events by the Aspen Institute Economic Opportunities Program

Play Episode Listen Later Apr 7, 2022 76:48

The Fair Labor Standards Act (FLSA) of 1938 established the federal minimum wage and overtime pay, created a standard work week, and prohibited children's employment in dangerous conditions. Leaders passed the FLSA not only to ensure “a fair day's pay for a fair day's work,” as FDR said, but also to end a race to the bottom on wages and working conditions that were driving business competition. The law raised wages for hundreds of thousands of workers at the time, but also deliberately excluded a number of industries, which uncoincidentally employed a large number of people of color and women. These exclusions continue to negatively affect opportunity for these groups today. The FLSA has suffered some additional wear and tear in recent decades. The failure of the minimum wage to keep pace with inflation, weak enforcement on issues such as wage theft and misclassification of independent contractors, and a failure to update the tipped minimum wage have minimized the rewards of work for many workers. While federal policy has been slow to respond, some state and local governments and businesses are addressing some of the FLSA's weaknesses by increasing wages and improving job standards in sectors such as domestic and gig work, among others. What innovations can create a more just economy that rewards work fairly? What lessons can we learn from the FLSA and its history to help us restore the commitment to a fair day's pay for a fair day's work? This event includes opening remarks from David Weil (Former Administrator, Wage and Hour Division, U.S. Department of Labor; Dean and Professor, The Heller School for Social Policy and Management, Brandeis University), followed by a panel discussion with Rebecca Dixon (Executive Director, National Employment Law Project), Michael Lastoria (Co-Founder and CEO, &pizza), Teresa Romero (President, United Farm Workers), Ben Zipperer (Economist, Economic Policy Institute), and moderator Noam Scheiber (Labor Reporter, The New York Times). This is the second part in a five-part series on “The History and Future of U.S. Labor Law: Conversations to Shape the Future of Work.”

Labor Relations Radio, Ep 13—Guest: Michael Layman of the International Franchise Association

LaborUnionNews.com's Labor Relations Radio

Play Episode Listen Later Apr 1, 2022 71:36

The franchise business model has become a key way for many Americans and immigrants to achieve the “American Dream.”However, it is under attack on multiple fronts.Just as tens of thousands of franchisors and franchisees and their millions of employees are beginning to recover from the pandemic, politicians, government bureaucrats and judicial activists are wittingly (or unwittingly) trying to destroy the very business model that has delivered the American Dream to so many.In this episode of Labor Relations Radio, Michael Layman, Senior Vice President Government Relations & Public Affairs of the International Franchise Association explains some of the threats the industry is now facing—largely from politicians, judicial activists and, possibly, President Biden's appointees like David Weil.Whether it's the Joint Employer issue, or the Independent Contractor issue—either independently or as contained in the PRO Act—if enacted, these ‘close cousins' could be devastating to the franchise business model and the millions of workers employed by franchises.Related Links:Franchising is open for opportunityNational Economic Impact Of FranchisingIn 7-Eleven case, Mass. top court says franchisees can be employeesMinority Business Ownership Soars, But It's The Wrong Kind Of EqualityTop 200 Franchises of 2022PROGRAM NOTE:This episode of Labor Relations Radio was recorded hours before the U.S. Senate was to vote on the advancement of David Weil's nomination to be Administrator of the Labor Department's Wage and Hour Division.His nomination was blocked Wednesday evening.Bi-Partisan Group of Senators Block Advancement of Divisive David Weil to DOL's Wage and Hour

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Labor Relations Radio, Ep 13—Guest: Michael Layman of the International Franchise Association

LaborUnionNews.com's Labor Relations Radio

Play Episode Listen Later Mar 31, 2022 71:36

The franchise business model has become a key way for many Americans and immigrants to achieve the “American Dream.” However, it is under attack on multiple fronts.Just as tens of thousands of franchisors and franchisees and their millions of employees are beginning to recover from the pandemic, politicians, government bureaucrats and judicial activists are wittingly (or unwittingly) trying to destroy the very business model that has delivered the American Dream to so many.In this episode of Labor Relations Radio, Michael Layman, Senior Vice President Government Relations & Public Affairs of the International Franchise Association explains some of the threats the industry is now facing—largely from politicians, judicial activists and, possibly, President Biden’s appointees like David Weil.Whether it’s the Joint Employer issue, or the Independent Contractor issue—either independently or as contained in the PRO Act—if enacted, these ‘close cousins’ could be devastating to the franchise business model and the millions of workers employed by franchises.Related Links:Franchising is open for opportunityNational Economic Impact Of FranchisingIn 7-Eleven case, Mass. top court says franchisees can be employeesMinority Business Ownership Soars, But It's The Wrong Kind Of EqualityTop 200 Franchises of 2022PROGRAM NOTE: This episode of Labor Relations Radio was recorded hours before the U.S. Senate was to vote on the nomination of David Weil to be Administrator of the Labor Department's Wage and Hour Division. Apparently, his nomination was blocked Wednesday evening.Share this episode of Labor Relations Radio with your colleagues.LaborUnionNews.com and Labor Relations Radio is subscriber supported. To receive new posts, podcasts and to support our work, please consider becoming a paid subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

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Episode 242: The Labor Department Announces Bold Plans To Beef Up Wage & Hour Audits

The Working Lunch

Play Episode Listen Later Mar 4, 2022 44:10

As the monthly jobs report comes out today signaling that there is a rebound in hiring, it appears to be the Labor Department itself that is hiring as well - as many as 100 new auditors in the Wage & Hour Division it was announced this week. What will those new employees be doing? Cracking down on violators but with a specific interest in the hospitality sector. We'll discuss what employers need to know. And Uber is proactively working with the provincial government in Ontario to basically create a new classification of worker - not independent contractor and not traditional employee - but a hybrid with a portable benefits regime. We'll dive into that and discuss those implications. And of course we'll have another installment of Starbucks Watch. But this week Amazon, REI and a host of independent coffee shops will be on the menu as well. We will update you on the latest with regard to industry unionization efforts. We'll discuss those issues and wrap it up with the legislative scorecard.

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Wage & Hour In Flux

The DC Insider - Employer Update Podcast

Play Episode Listen Later Feb 21, 2022 17:45

The DOL's Wage & Hour Division has been re-making itself to reflect Pres. Biden's “pro-worker” agenda. Join Burt, and W&H specialists Liz Bradley and John Clifford in their discussion of new initiatives to impose Project Labor Agreements, expand and enforce the Davis-Bacon Act, re-write regulations defining independent contractors, AND make sense of the leadership vacuum at the Division.

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Hourly or Salary? with Robyn Reis

The Best Practices Show

Play Episode Listen Later Feb 16, 2022 46:01

Hourly or Salary? Episode #382 with Robyn Reis Whether you decide on hourly or salary, be sure to do your homework! And to help you determine which may be best for your practice, Kirk Behrendt brings back Robyn Reis, an HR expert from Bent Ericksen, to share everything to consider when choosing hourly or salary for your employees. To learn about the benefits, pitfalls, and the laws you need to know, listen to Episode 382 of The Best Practices Show! Main Takeaways: There are advantages and pitfalls for both hourly and salary. Consider every circumstance that a salary is going to cover. Quarterly audits are essential for salaried team members. Have all expectations in writing to avoid future problems. Schedule regular check-ins with team members. Be sure to follow the wage and hour laws in your state. Quotes: “It's all about predictability. People think that when I give somebody a salary, it's predictable. They know when they're going to get their paycheck, how much they're going to get paid. It works for a lot of people. But the caveats that go along with a salary are twofold. One is classification of the employee is first and foremost. And that is, are you exempt or nonexempt? No matter how you pay somebody — hourly, salary, commission, per diem, in blueberry pie — it has to be determined whether they're exempt or nonexempt. That's according to the federal Fair Labor Standards Act. And that's part of the Wage and Hour Division laws that govern how much taxes are taken out and all that good stuff.” (4:36—5:28) “What you want to think about when it comes to that predetermined or predefined salary is, are you making sure that they're getting paid for the time that they work? So, even as a salaried employee classified as nonexempt, you still need to clock in and clock out. You still need to verify your time. That's part of the record retention requirements and the timekeeping. Again, keeps everything fair and equitable. People are being compensated for the time that they work.” (8:56—9:29) “When you do give a salary to a nonexempt employee, you want to make sure that you're accommodating or counting on all the hours you expect them to work.” (10:45—10:56) “[Expectations are] absolutely huge because a team member has to understand, a) how do they earn their paycheck, and b) when there are some incongruencies that there is something to go back to to say, ‘Wait a minute. This is what I understood.' So, having it in writing is key. It's not only for the team members' understanding, but for protection of the doctor so that they can say, ‘Yes, I'm following all the employment compliance laws that I need to follow for my particular practice in my state, and this is where we start our relationship and our channels of communication.'” (13:23—14:05) “Putting it in writing means that there is less chance of, ‘Wait, nobody ever told me that,' or, ‘I thought it was this way.' Putting it in writing lessens the chance of miscommunication. And when push comes to shove, there's no, ‘He said she said,' or, ‘I thought she meant that,' or, ‘He promised me this.' Every lawyer everywhere will tell you, if it's not in writing, it didn't happen, much like the patient records.” (14:05—14:31) “Putting it in writing is really, really important for that employer-employee relationship. No misunderstanding, no question marks. ‘These are your hours. This is your schedule. This is what is expected of you. These are your benefits. And this is what you're going to be compensated.'” (14:52—15:10) “The pitfalls are, when you do a salaried employee, you still have to watch your hours. They still have to track their hours. So, as a nonexempt employee, they still have to track their hours. I would recommend that somebody who pays their team on salary, once a quarter, go back and audit, ‘Are we in alignment with what the expected hours per week were, what the hourly rate calculates out through the salary, and did we miss any overtime timeframes...

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#004 Destroying Worker Freedom? Dept. of Labor Nominee David Weil and YOU | with Gabriella Hoffman

Legal Bytes Podcast

Play Episode Listen Later Jan 14, 2022 79:43

In this live stream, we're joined by media strategist, podcaster, freelance journalist, & award-winning writer Gabriella Hoffman!! (Twitter: https://twitter.com/Gabby_Hoffman; District of Conservation Podcast: https://podcasts.apple.com/us/podcast/district-of-conservation/id1435126030) She's been writing extensively about the dangers of the Protecting the Right to Organize (PRO) Act, entrepreneurship, independent contracting, and more. As an entrepreneur and independent contractor herself, she's been keenly interested in these topics and the effects they may have on not just her, but entrepreneurs all across the United States. Today we're talking about the Biden Administration's nominee for Department of Labor Wage and Hour Division administrator, David Weil. He previously served under the Obama Administration, and was approved on January 13, 2021 by the Senate Committee on Health, Education, Labor and Pensions (HELP) for a general confirmation vote by the Senate. He's talked a lot about wanting to drastically limit independent contracting to ostensibly help protect employees. But does that do more harm than good to workers and the choices they face in the workplace? Join us in the live chat!

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HR and Safety Best Practices for the Trades With Ian Schotanus

BlueCollar.CEO

Play Episode Listen Later Dec 21, 2021 47:21

BlueCollar.CEO –Ian Schotanus is the Managing Member, Owner, and Lead Consultant for The Big Picture Consulting, where he leads HR and safety consultations to assist contractors across the US to protect their life's work from the adeptness of labor and ambulance-chasing lawyers.Ian has a well-established knowledge base specifically geared to assist residential and commercial service providers. He is a US Navy veteran, has worked in the retail/service field in both sales and as a technician, and has a decade's worth of experience as a National Level HR & Safety Compliance Consultant. He has personally assisted hundreds of companies in preventing or minimizing financial damage caused by employee lawsuits, OSHA investigations, Wage and Hour Division audits, and more.Outside of work, Ian is a father, an avid reader, and volunteers at his church and his children's school, as well as playing any video, board, or card game he can get his hands on.In this episode, Ryan and Ian discuss hiring, employee management, and safety decisions you need to make to ensure your trades company succeeds in this era of COVID-19.

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May 5, 2021: Workers Lose Big To Wage Theft; Bill Would Open COINTELPRO Records; Consumer Advocate Takes Over Student Loans

AM Quickie

Play Episode Listen Later May 5, 2021 8:05

Welcome to Majority.FM's AM QUICKIE! Brought to you by justcoffee.coop TODAY'S HEADLINES: It’s an economic scourge that costs workers at least $15 billion a year. It’s called wage theft, and a new report explains why corporations keep getting away with it. Meanwhile, did the US government kill a young Black Panther activist in 1969? A new bill by one of Fred Hampton’s former comrades, Congressman Bobby Rush, seeks to open up the FBI’s files on Hampton’s case and others. And lastly, the new federal official in charge of student loans has a record of taking on shady lenders. Hear why consumer advocates are praising the Biden administration’s appointment of Richard Cordray this week. THESE ARE THE STORIES YOU NEED TO KNOW: This tale of everyday corporate crime from the Associated Press. Essential workers struggling through the pandemic are facing another hazard of hard times: employers who steal their wages. Companies that hire child care workers, gas station clerks, restaurant servers and security guards are among the businesses most likely to get caught cheating their employees. That’s according to a Center for Public Integrity analysis of minimum wage and overtime violations from the US Department of Labor. In 2019 alone, the agency cited about eight thousand five hundred employers for taking about $287 million from workers. Some major US corporations were among the worst offenders. They include Halliburton, G4S Wackenhut and Circle-K stores. According to the AP, victims of wage theft toil on the lower rungs of the workforce. Danielle Wynne, a $10-an-hour convenience store clerk in Florida, said her boss ordered her to work off the clock. Ruth Palacios, a janitor from Mexico, earned less than minimum wage to disinfect a New York City hospital at the height of the pandemic. Companies have little incentive to follow the law. The Labor Department’s Wage and Hour Division, which investigates federal wage-theft complaints, rarely penalizes repeat offenders. On top of that, the division often lets businesses avoid repaying employees all the money they’re owed. Jenn Round, a labor expert at Rutgers University, said some companies do a cost-benefit analysis and realize it’s cheaper to violate the law, even if they get caught. Sounds like a great reason to increase fines for wage theft! Bill Would Open COINTELPRO Records It’s time for some truth. The Washington Post reports that a Democratic lawmaker introduced new legislation yesterday that would force the government to reveal decades-old FBI files about domestic spying on civil rights and peace activists. Illinois Democratic Representative Bobby Rush is seeking answers about the killing of Fred Hampton, a Black Panther activist targeted by an FBI informant and shot by police in Chicago in 1969. The congressman, who helped found the Illinois Black Panther Party and blames the FBI for Hampton’s death, said the files should hold important details about the bureau’s activities. The FBI declined to comment. The Post says the FBI’s investigation of Hampton was part of a larger domestic intelligence gathering effort by the FBI called COINTELPRO, short for Counterintelligence Program. It entailed infiltrating, harassing, and sowing division among groups involved in constitutionally protected political activism. The restrictions imposed on the FBI in the wake of COINTELPRO have come under renewed scrutiny in recent months. Some have argued the FBI has interpreted the rules too narrowly, allowing the January 6th insurrection at the US Capitol to be planned in plain view. Rush said he would welcome any conservatives’ support if that helps provide answers about the domestic spying program. Rush’s bill would require all COINTELPRO files to be made public within six months of the law’s passage. It would also remove the J. Edgar Hoover name from the FBI headquarters building. Maybe they should call it the Fred Hampton Memorial FBI Building. Consumer Advocate Takes Over Student Loans Here’s some hopeful news on the personnel front. The Post reports that Richard Cordray, the first director of the Consumer Financial Protection Bureau, has been named to head the federal aid office that oversees the government’s $1.5 trillion student loan portfolio. Cordray led the bureau’s crackdown on consumer abuses in debt collection, student loan servicing and for-profit colleges, garnering the respect of advocates and drawing the ire of those industries. His selection signals tougher oversight of the Education Department’s contractors and enforcement of the rules governing federal student aid. According to the Post, Cordray will arrive at the department as the Biden administration grapples with its authority to cancel a portion of federal student loans, a policy championed by one of Cordray’s chief supporters, Senator Elizabeth Warren. The Democratic senator from Massachusetts praised his appointment Monday, saying she is, "very glad he will get to apply his fearlessness and expertise to protecting student loan borrowers." During his six-year tenure at the CFPB, Cordray frequently clashed with the financial industry and conservatives over his aggressive regulation. His efforts to weed out poor servicing of student loans and predatory career training schools at times put him at odds with the Education Department. The CFPB under Cordray’s direction also brought some of the most high-profile student lending cases in recent years. Among them: a lawsuit against the for-profit giant Corinthian Colleges for steering students into private loans that had interest rates as high as fifteen percent. Parasites! Your time is up. AND NOW FOR SOME QUICKER QUICKIES: The Guardian reports that the United Nations has condemned the violent repression of protests in Colombia, after police attacks left at least eighteen dead and eighty seven people missing. Riot police have rampaged across the smoke-filled streets, shooting protesters at point-blank range and charging at crowds with their motorcycles. Protests began peacefully with a nationwide general strike last Wednesday. Solidarity to all facing state violence. Officials told NBC News that the man who tried to drive into CIA headquarters in Virginia on Monday has died of his injuries after being shot by FBI agents who believed he had a bomb. The man, Roy Gordon Cole, was known to the CIA because he had tried to drive into its heavily guarded facility before. No explosives were found. The AP reports that Israeli Prime Minister Benjamin Netanyahu yesterday failed to meet a midnight deadline to put together a new governing coalition. The news raises the possibility that his Likud party could be pushed into the opposition for the first time in twelve years. Feels like forever, though. According to the Washington Post, President Joe Biden yesterday set a goal of seventy percent of adult Americans having at least one coronavirus vaccine shot by the Fourth of July. The administration is also taking steps to make vaccine more accessible, including directing pharmacies to offer walk-in appointments, redirecting federal resources to support pop-up clinics and sending more doses to rural health clinics. Whatever it takes, we’re in! MAY 5, 2021 - AM QUICKIE HOSTS - Sam Seder & Lucie Steiner WRITER - Corey Pein PRODUCER - Dorsey Shaw EXECUTIVE PRODUCER - Brendan Finn

4/9/21 - Conversation with State Health Officer Dr. Thomas Dobbs | Migrant Works Pleas for Protection

Mississippi Edition

Play Episode Listen Later Apr 9, 2021 23:53

Overall coronavirus cases are trending down. Vaccine rollout is now in its fifth month. We talk to the State Health Officer about how Mississippi is faring in its year long fight against COVID-19.Plus, migrant workers profoundly affected by the ICE raid of 2019, are calling on action from the Biden Administration.Segment 1:Vaccines for COVID-19 have been available to all Mississippi residents 18 and over for more than three weeks now, but the effort to educate and encourage vaccination has been a five month endeavor for the Department of Health. Still, despite being one of only a few states to offer widen availability, the rate of Mississippians receiving at least one dose is below the national average. About one in every four Mississippi residents have gotten one shot - a rate that falls eight points below the national average of 33 percent.State Health Officer Dr. Thomas Dobbs says hesitancy and access have been the two most significant challenges in getting the state to the roughly 80 percent rate needed to reach a level of herb immunity. In part one of our conversation, we discuss vaccine hesitancy, access, the question of booster shots.Segment 2:During the winter wave of coronavirus cases and deaths, residents in long term care facilities were especially hard-hit. The number of outbreaks in those facilities reached their highest points in January, right when vaccine distribution began in the state. Now, three months later, outbreaks and deaths within that group has declined significantly. We pick up our conversation with State Health Officer Dr. Thomas Dobbs discussing the vaccine effort in long term care facilities, and how a recent health grant from the CDC can help Mississippi continue it's fight against COVID-19.Segment 3:Advocates for immigrant workers in Mississippi are calling on the Biden administration to overturn policies that target undocumented immigrant communities. They say the President can start by protecting those affected by the 2019 ICE raids. Yesterday, those advocates gathered outside the Department of Labor's capital city office to deliver a letter to the Wage and Hour Division, urging the Biden administration to create protections for immigrant workers See acast.com/privacy for privacy and opt-out information.

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Workplace Strategies Update Episode #2 - Cheryl Stanton

Workplace Strategies Update

Play Episode Listen Later Mar 17, 2021 25:00

Join us as we interview our special guest Cheryl Stanton. Cheryl is the immediate past Administrator of the Wage and Hour Division at the United States Department of Labor under the Trump Administration. She previously served as the Executive Director of the South Carolina Department of Employment and Workforce.

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Episode 12 Part 1: Post-PAID Program, What's a Good-Faith Employer to do?

Policy Matters

Play Episode Listen Later Mar 11, 2021 8:41

In this two-part episode, Kevin Young, Partner in the Labor and Employment department of Seyfarth's Atlanta office, and Scott Hecker, Senior Counsel in the Labor and Employment department of Seyfarth's Washington, DC office, discuss the impact on employers of the U.S. Department of Labor Wage and Hour Division's decision to end PAID, a self-audit program that allowed good-faith employers to resolve potential minimum wage and overtime mistakes and allowed employees to receive back wage payments promptly. In part one, Scott and Kevin discuss the background of the PAID program and the problems it was trying to solve.

washington partner dc labor paid employment employers senior counsel good faith kevin young seyfarth hour division scott hecker

Episode 12 Part 2: Post-PAID Program, What's a Good-Faith Employer to do?

Policy Matters

Play Episode Listen Later Mar 11, 2021 12:50

In this two-part episode, Kevin Young, Partner in the Labor and Employment department of Seyfarth's Atlanta office, and Scott Hecker, Senior Counsel in the Labor and Employment department of Seyfarth's Washington, DC office, discuss the impact on employers of the U.S. Department of Labor Wage and Hour Division's decision to end PAID, a self-audit program that allowed good-faith employers to resolve potential minimum wage and overtime mistakes and allowed employees to receive back wage payments promptly. In part two, Scott and Kevin discuss what an employer can do now that PAID has been ended and what the chances of self-audits are under the Biden Administration.

washington partner dc labor paid employment employers biden administration senior counsel good faith kevin young seyfarth hour division scott hecker

Employers and the New Administration: Wage and Hour Enforcement Under President Biden

Employment Law This Week Podcast

Play Episode Listen Later Feb 24, 2021 33:45

The Wage and Hour Division of the U.S. Department of Labor (DOL) has already adopted the Biden administration’s commitment to enforcement, its movement against arbitration agreements, and a fresh view on worker classification. On our second episode of our series, Employers and the New Administration, we look at what other wage and hour developments employers can expect under President Biden. This episode features special guest Jon Steingart, a senior reporter for Law360’s new and expanded Law360 Employment Authority, and attorney Paul DeCamp, a past Administrator of the DOL’s Wage and Hour Division. Attorney David Garland leads the conversation. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw199. Subscribe to #WorkforceWednesday - https://www.ebglaw.com/subscribe/. Visit http://www.EmploymentLawThisWeek.com. The EMPLOYMENT LAW THIS WEEK® and DIAGNOSING HEALTH CARE podcasts are 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.

Labor & Employment Law: Agency Leaders on Labor Policy

FedSoc Events

Play Episode Listen Later Nov 25, 2020 74:28

On November 11, 2020, The Federalist Society's Professional Labor & Employment Law Practice Group hosted a virtual panel for the 2020 National Lawyers Convention. The panel covered "Agency Leaders on Labor Policy."The Equal Employment Opportunity Commission, National Labor Relations Board and U.S. Department of Labor can have a significant negative or positive impact on the American economy and on Americans’ liberties. With almost four years behind them, how have these agencies done? Slowed down perhaps by delayed Senate confirmations and personnel changes, they certainly have been active with new regulations, new guidance, and responding to Pandemic challenges. What did they barrel-up and what did they whiff? We will ask senior leaders from the EEOC, NLRB, and DOL for their assessments.Featuring:Hon. Sharon Fast Gustafson, General Counsel, United States Equal Employment Opportunity CommissionHon. Peter B. Robb, General Counsel, United States National Labor Relations BoardHon. Cheryl Stanton, Administrator, Wage and Hour Division, United States Department of LaborModerator: Hon. Amul R. Thapar, United States Court of Appeals, Sixth Circuit*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

Which Employees Are Exempt from Minimum Wage and Overtime Requirements?

employees requirements overtime minimum wage wage exempt flsa hour division

Play Episode Listen Later Sep 15, 2020 16:10

https://youtu.be/EFcPkW82VCc Under the FLSA, employees are entitled to be paid a minimum wage for each hour worked and to be paid one-and-a-half times their regular rate of pay for each hour in excess of 40 hours worked in a workweek (some states have slightly different regulations). Certain employees are exempt from these requirements, including employees who are employed in a bona fide executive, administrative, or professional capacity, as well as outside salespeople. A three-part test was created in order to define who are exempt professionals: The salary basis test determines that the employee must be compensated on a salary or fee basis. The salary level test determines that the salary paid must meet a specific minimum amount. The duties test determines that the employee’s primary duty must be to perform work that requires either knowledge of an advanced type in a field of science of learning, customarily acquired by a prolonged course of specialized intellectual instruction; or invention, imagination, or talent in a recognized field of artistic or creative endeavor. An alternative to this three-part test for this particular exemption is the “highly compensated employee test”, which eliminates the need for a detailed analysis of the employee’s job duties. Under this test, the employee qualifies as exempt if they customarily and regularly perform at least one of the exempt executive, administrative, professional, learned, or creative duties, and receives total compensation of at least $107,432 a year. The total compensation must include at least $684 per week, paid on a salary or fee basis as well. The FLSA exemptions are just as much part of the FLSA’s purpose as the minimum wage and overtime pay requirements, and therefore must receive a fair (rather than narrow) interpretation. The Wage and Hour Division, therefore, interprets the act neither expansively nor narrowly, but instead according to conventional canons of statutory interpretation.

Do I Have to Reimburse My Employees for Personal Auto Use?

personal employees auto labor id irs employers generally wage fair labor standards act flsa hour division whd

Play Episode Listen Later Sep 10, 2020 18:56

We will be looking at an explanation from the Wage and Hour Division of the Department of Labor about the Fair Labor Standards Act, specifically about employee reimbursements. Generally, the FLSA requires covered employers to pay non-exempt employees no less than the federal minimum hourly wage for all non-overtime hours worked in a given workweek. 29 U.S.C. § 206. Employees must receive these wages “free and clear.” 29 C.F.R. § 531.35. An employee’s wages include the “reasonable cost” of “board, lodging, or other facilities” that primarily benefit the employee, and therefore the reasonable cost of such items count towards satisfying an employer’s obligation to pay the minimum wage. 29 U.S.C. § 203(m). But the cost of “other facilities” that are primarily for the benefit or convenience of the employer cannot be counted as wages. 29 C.F.R. § 531.3(d). Those costs include tools of the trade, required uniforms—or required use of a personal vehicle. An employer violates the FLSA “in any workweek when the cost of such tools” (and the like) “cuts into the minimum or overtime wages required to be paid….” Id. § 531.35. Therefore, an employer violates the FLSA if the employee’s wages, minus expenses, end up below the federal minimum wage for a given non- overtime workweek. See id.; see also id. §§ 531.3(d), 531.36(b). A reimbursement to cover expenses incurred on the employer’s behalf or for the employer’s convenience is sufficient if it “reasonably approximates the expenses incurred.” Id. § 778.217(a).2 A reimbursement amount based on IRS guidelines, including the annual standard mileage rates, “is per se reasonable.” Id. § 778.217(c). While employers must keep records of “the dates, amounts, and nature” of items added to or deduct from each nonexempt employee’s wages, neither the FLSA nor WHD’s regulations require them to keep records of employees’ actual expenses. Id. § 516.2(a)(10). Employers are instead required to keep records that they used to determine the number of additions to or deductions from wages paid. Id. § 516.6(c)(2).

COVID-19 Labor and Employment Teleforum Series #2

Play Episode Listen Later Aug 3, 2020 59:31

Employers are increasingly being faced with difficult issues with respect to COVID-19, including challenging labor and employment issues. Various federal and state statutes present compliance issues for employers, particularly given the recent enactment of the First Families Act and the CARES Act at the federal level. Existing federal statutes such as the National Labor Relations Act and Title VII of the Civil Rights Act also present labor and employment law challenges for employers. This three-part teleforum series will review federal and state labor and employment issues and options for employers to consider. Federalist Society Labor and Employment Executive Committee members, Tammy McCutchen and G. Roger King will be the speakers for this teleforum series. Ms. McCutchen is a Shareholder with the Littler Mendelson law firm and former head of the U.S. Department of Labor Wage and Hour Division. Mr. King is Senior Labor and Employment Counsel for the HR Policy Association and previously a Partner at the Jones Day law firm.Featuring:-- G. Roger King, Senior Labor and Employment Counsel, HR Policy Association-- Tammy D. McCutchen, Principal, Littler Mendelson PC

covid-19 ms partner labor principal employment employers existing series 2 cares act shareholder civil rights act title vii mccutchen jones day national labor relations act roger king hour division littler mendelson teleforum tammy mccutchen

COVID-19 Labor and Employment Teleforum Series #2

legal terms us department cares act civil rights act employment law disability act employment act hour division

Play Episode Listen Later Aug 3, 2020 59:31

Employers are increasingly being faced with difficult issues with respect to COVID-19, including challenging labor and employment issues. Various federal and state statutes present compliance issues for employers, particularly given the recent enactment of the First Families Act and the CARES Act at the federal level. Existing federal statutes such as the National Labor Relations Act and Title VII of the Civil Rights Act also present labor and employment law challenges for employers. This three-part teleforum series will review federal and state labor and employment issues and options for employers to consider. Federalist Society Labor and Employment Executive Committee members, Tammy McCutchen and G. Roger King will be the speakers for this teleforum series. Ms. McCutchen is a Shareholder with the Littler Mendelson law firm and former head of the U.S. Department of Labor Wage and Hour Division. Mr. King is Senior Labor and Employment Counsel for the HR Policy Association and previously a Partner at the Jones Day law firm.Featuring:-- G. Roger King, Senior Labor and Employment Counsel, HR Policy Association-- Tammy D. McCutchen, Principal, Littler Mendelson PC

covid-19 ms partner labor principal employment employers existing series 2 cares act shareholder civil rights act title vii mccutchen jones day national labor relations act roger king hour division littler mendelson teleforum tammy mccutchen

In Legal Terms: Employment Law 2020

In Legal Terms

Play Episode Listen Later Jul 7, 2020 49:00

Guest is attorney Louis Watson from Watson & Norris Law Firm. https://www.watsonnorris.com/attorneys/We started the hour discussing terminations over social media posts then learned about "employment-at-will" and how the pandemic has affected employment law.Here are some of the information that was mentioned during the broadcast:CARES Act https://www.cbh.com/guide/alerts/cares-act-what-you-need-to-know/US Department of Labor: Wage and Hour Division https://www.dol.gov/agencies/whdFair Labor Standards Act https://www.dol.gov/agencies/whd/flsaUS Equal Employment Opportunity Commission https://www.eeoc.gov/Title 7 of the Civil Rights Act https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964Age Discrimination in Employment Act https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967Americans with Disability Act https://www.ada.gov/ See acast.com/privacy for privacy and opt-out information.

Adapt Your HR Policies to Comply with the New FMLA Requirements - Families First Coronavirus Response Act

Business Matters

Play Episode Listen Later Apr 22, 2020 56:35

On this episode of Business Matters, guest Mark Bonfanti, employment law attorney, discusses many new issues created by the COVID crisis and the new FMLA requirements included in the Families First Coronavirus Response Act signed on March 18, 2020.Check out this episode for how to deal with these items:Compliance with Wage & Hour requirements in remote work settingsModifications that should be made to the employee handbook to address different work settings, requirements, etc.Are there exceptions to the Families First Coronavirus Response Act for employers with less than 50 employees How to compensate employees with Coronavirus illnessHow to report employees that refuse re-hire offerDoes the new FMLA allow for sick pay to employees who are home bound because of school closure results in employee being at home for child-care The Families First Coronavirus Response Act bill can be located at this link https://www.congress.gov/bill/116th-congress/house-bill/6201/textCOVID-19 and the Family and Medical Leave Act Questions and Answers Please see Families First Coronavirus Response Act: Questions and Answers for questions specific to the application of the Families First Coronavirus Response Act and paid leave. If you or your employees are out with the flu or are caring for ill family members, check with the Department of Labor (DOL) for information on whether such leave is covered under the Family and Medical Leave Act (FMLA). Under the FMLA, covered employers must provide employees job-protected, unpaid leave for specified family and medical reasons, which may include the flu where complications arise. Employees on FMLA leave are entitled to the continuation of group health insurance coverage under the same terms as existed before they took FMLA leave.——————«»——————Which employees are eligible to take FMLA leave?Employees are eligible to take FMLA leave if they work for a covered employer and:have worked for their employer for at least 12 months;have at least 1,250 hours of service over the previous 12 months; andwork at a location where at least 50 employees are employed by the employer within 75 miles.Special hours of service requirements apply to airline flight crew employees and to breaks in service to fulfill National Guard or Reserve military service obligations pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA). (See the U.S. Department of Labor Wage and Hour Division or call 1-866-487-9243 for additional information on FMLA.)Must an employer grant leave to an employee who is sick or who is caring for a family member that is sick?An employee who is sick or whose family members are sick may be entitled to leave under the FMLA under certain circumstances. The FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave in a designated 12-month leave year for specified family and medical reasons. This may include the flu where complications arise that create a “serious health condition” as defined by the FMLA. Employees on FMLA leave are entitled to the continuation of group health insurance coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.Workers who are ill with pandemic influenza or have a family member with influenza are urged to stay home to minimize the spread of the pandemic. Employers are encouraged to support these and other community mitigation strategies and should consider flexible leave policies for their employees.Can an employee stay home under FMLA leave to avoid getting pandemic influenza?The FMLA protects eligible employees who are incapacitated by a serious health condition, as may be the case with the flu where complications arise, or who are needed to care for covered family members who are incapacitated by a serious health condition. Leave taken by an employee for the purpose of avoiding exposure to the flu would not be protected under the FMLA. Employers should encourage employees who are ill with pandemic influenza or are exposed to ill family members to stay home and should consider flexible leave policies for their employees in these circumstances. What legal responsibility do employers have to allow parents or care givers time off from work to care for the sick or children who have been dismissed from school?Covered employers must abide by the FMLA as well as any applicable state FMLA laws. An employee who is sick, or whose family members are sick, may be entitled to leave under the FMLA. The FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave in a designated 12-month leave year for specified family and medical reasons which may include the flu where complications arise that create a “serious health condition” as defined by the FMLA.There is currently no federal law covering non-government employees who take off from work to care for healthy children, and employers are not required by federal law to provide leave to employees caring for dependents who have been dismissed from school or child care. However, given the potential for significant illness under some pandemic influenza scenarios, employers should review their leave policies to consider providing increased flexibility to their employees and their families. Remember that federal law mandates that any flexible leave policies must be administered in a manner that does not discriminate against employees because of race, color, sex, national origin, religion, age (40 and over), disability, or veteran status.Is an employer required by law to provide paid sick leave to employees who are out of work because they have pandemic influenza, have been exposed to a family member with influenza, or are caring for a family member with influenza?Federal law generally does not require employers to provide paid leave to employees who are absent from work because they are sick with pandemic flu, have been exposed to someone with the flu or are caring for someone with the flu, although pursuant to Executive Order 13706, some federal contractors may be required to provide such leave to employees under certain circumstances, such as if the employee or a family member is sick with the flu or seeking care related to the flu. Certain state or local laws may have different requirements, which should be independently considered by employers when determining their obligation to provide paid sick leave.If the leave qualifies as FMLA-protected leave, the statute allows the employee to elect or the employer to require the substitution of paid sick and paid vacation/personal leave in some circumstances. Employers should encourage employees that are ill with pandemic influenza to stay home and should consider flexible leave policies for their employees.May employers send employees home if they show symptoms of pandemic influenza? Can the employees be required to take sick leave? Do they have to be paid? May employers prevent employees from coming to work?It is important to prepare a plan of action specific to your workplace, given that a pandemic influenza outbreak could affect many employees. This plan or policy could permit you to send employees home, but the plan and the employment decisions must comply with the laws prohibiting discrimination in the workplace on the basis of race, sex, age (40 and over), color, religion, national origin, disability, or veteran status. It would also be prudent to notify employees (and if applicable, their bargaining unit representatives) about decisions made under this plan or policy at the earliest feasible time.Your company policies on sick leave, and any applicable employment contracts or collective bargaining agreements would determine whether you should provide paid leave to employees who are not at work. If the leave qualifies as FMLA-protected leave, the statute allows the employee to elect or the employer to require the substitution of paid sick and paid vacation/personal leave in some circumstances. (See the U.S. Department of Labor Wage and Hour Division for additional information or call 1-866-487-9243 if you have any questions.)Remember when making these decisions to exclude employees from the workplace, you cannot discriminate on the basis of race, sex, age (40 and over), color, religion, national origin, disability, union membership or veteran status. However, you may exclude an employee with a disability from the workplace if you:obtain objective evidence that the employee poses a direct threat (i.e. significant risk of substantial harm); anddetermine that there is no available reasonable accommodation (that would not pose an undue hardship) to eliminate the direct threat.(See the U.S. Equal Employment Opportunity Commission’s Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act for additional information.)May an employer require an employee who is out sick with pandemic influenza to provide a doctor’s note, submit to a medical exam, or remain symptom-free for a specified amount of time before returning to work?Yes. However, employers should consider that during a pandemic, healthcare resources may be overwhelmed and it may be difficult for employees to get appointments with doctors or other health care providers to verify they are well or no longer contagious.During a pandemic health crisis, under the Americans with Disabilities Act1 (ADA), an employer would be allowed to require a doctor’s note, a medical examination, or a time period during which the employee has been symptom free, before it allows the employee to return to work. Specifically, an employer may require the above actions of an employee where it has a reasonable belief – based on objective evidence – that the employee’s present medical condition wouldimpair his ability to perform essential job functions (i.e., fundamental job duties) with or without reasonable accommodation, or,pose a direct threat (i.e., significant risk of substantial harm that cannot be reduced or eliminated by reasonable accommodation) to safety in the workplace.In situations in which an employee’s leave is covered by the FMLA, the employer may have a uniformly-applied policy or practice that requires all similarly-situated employees to obtain and present certification from the employee’s health care provider that the employee is able to resume work. Employers are required to notify employees in advance if the employer will require a fitness-for-duty certification to return to work. If state or local law or the terms of a collective bargaining agreement govern an employee’s return to work, those provisions shall be applied. Employers should be aware that fitness-for-duty certifications may be difficult to obtain during a pandemic. May employers change their paid sick leave policy if a number of employees are out and they cannot afford to pay them all?Federal equal employment opportunity laws do not prohibit employers from changing their paid sick leave policy if it is done in a manner that does not discriminate between employees because of race, sex, age (40 and over), color, religion, national origin, disability, or veteran status. Be sure also to consult state and local laws.In addition, you should consider that if your workforce is represented by a labor union and the collective bargaining agreement covers sick leave policies, you may be limited in either the manner in which you change the policy or the manner of the changes themselves because the collective bargaining agreement would be controlling. In a workplace without a collective bargaining agreement, employees may have a contractual right to any accrued sick leave, but not future leave.Your sick leave policy also has to follow the requirements of the FMLA (if your employees are covered by the Act), and it needs to be consistent with federal workplace anti-discrimination laws, such as the Americans with Disabilities Act (ADA). (See the U.S. Department of Labor, Wage and Hour Division or call 1-866-487-9243 for additional information on FMLA. See the U.S. Equal Employment Opportunity Commission or call 1-800-669-4000 if you have questions on ADA.)If an employer temporarily closes his or her place of business because of an influenza pandemic and chooses to lay off some but not all employees, are there any federal laws that would govern this decision?The federal laws prohibiting discrimination in the workplace on the basis of race, sex, age (40 and over), color, religion, national origin, or disability may apply. (See the U.S. Equal Employment Opportunity Commission (EEOC) or call 1-800-669-4000 if you have questions.) Other specific Federal laws that prohibit discrimination on these or additional bases may also govern if an employer is a Federal contractor or a recipient of Federal financial assistance.Additionally, the Worker Adjustment and Retraining Notification (WARN) Act helps ensure advance notice in cases of qualified plant closings and mass layoffs. For more information about the WARN Act see https://www.dol.gov/agencies/eta/layoffs/warn.You may also not discriminate against an employee because the employee has requested or used qualifying FMLA leave. (See the U.S. Department of Labor, Wage and Hour Division for additional information or call 1-866-487-9243 if you have questions.)In addition, you may not discriminate against an employee because he or she is a past or present member of the United States uniformed service. (See the U.S. Department of Labor, Veterans’ Employment and Training Service for additional information or call 1-866-889-5627 if you have questions.)Some employees may not be able to come to work because they have to take care of sick family members. May an employer lay them off?It depends. If an employee is covered and eligible under the FMLA and is needed to care for a spouse, daughter, son, or parent who has a serious health condition, then the employee is entitled to up to 12 weeks of job-protected, unpaid leave during any 12-month period. Some states may have similar family leave laws. In those situations, covered employers must comply with the federal or state provision that provides the greater benefit to their employees. (See the U.S. Department of Labor, Wage and Hour Division for additional information or call 1-866-487-9243 if you have questions.)In lieu of laying off employees in this situation, we would encourage you to consider other options such as telecommuting and to prepare a plan of action specific to your workplace.What types of policy options do employers have for preventing abuse of leave?Both the FMLA and the Americans with Disabilities Act affect the provision of leave.Under the FMLA, employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. In addition, employers may require employees to provide:medical certification supporting the need for leave due to a serious health condition affecting the employee or a spouse, son, daughter or parent, including periodic re-certification;second or third medical opinions (at the employer's expense);periodic reports during FMLA leave regarding the employee's status and intent to return to work; andconsistent with a uniformly-applied policy or practice for similarly-situated employees, a fitness for duty certification. (Employers should be aware that fitness-for-duty certifications may be difficult to obtain during a pandemic.) (See also: “May an employer require an employee who is out sick with pandemic influenza to provide a doctor’s note, submit to a medical exam, or remain symptom-free for a specified amount of time before returning to work?”)The FMLA also allows the employee to elect or the employer to require the substitution of paid sick and paid vacation/personal leave in some circumstances. (See the U.S. Department of Labor Wage and Hour Division for additional information on the FMLA or call 1-866-487-9243 if you have questions.)Under the Americans with Disabilities Act, qualified individuals with disabilities may be entitled to unscheduled leave, unpaid leave, or modifications to the employer sick leave policies as “reasonable accommodations.” These are modifications or adjustments to jobs, work environments, or workplace polices that enable qualified employees with disabilities to perform the essential functions (i.e., fundamental duties) of their jobs and have equal opportunities to receive the benefits available to employees without disabilities. (See the U.S. Equal Employment Opportunity Commission’s Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act for additional information.)For further information about Coronavirus, please visit the HHS’s Centers for Disease Control and Prevention.

Between The Trees Business Talk - 010

Between The Trees Business Talk

Play Episode Listen Later Apr 22, 2020 62:53

Join The Woodlands Area Chamber of Commerce President J.J. Hollie and three attorneys from The Woodlands Bar Association for a discussion about employment law considerations for businesses and employers during COVID-19. MCLE and State Bar College Credit: 1 hour; Course ID: 174084112 Lee Winkelman Managing Member Hopkins Centrich Winkelman & Drucker PLLC Topic: Employer’s rights and obligations under the Families First Coronavirus Response Act (FFCRA) Learning Objectives: Identify employers covered by the FFCRA and discuss Emergency Paid Sick Leave and Emergency Family Medical Leave requirements under the FFCRA Discuss employers' rights to tax credits under the FFCRA and other miscellaneous FFCRA requirements, such as visible signage concerning employee rights under the FFCRA. Consider best practices for employers to implement the new leave requirements. About Lee Winkelman: Lee Winkelman represents employers in employment-related legal matters. He works to finds unique business solutions to his clients' legal problems through risk-mitigating employment policies, procedures, and agreements. Winkelman also regularly represents employers in Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL) investigations as well as in disputes before judges, juries, and arbitrators. He has substantial experience drafting covenants not to compete and litigating departing-employee cases involving trade-secret misappropriation and other unfair competition claims. Mr. Winkelman has also served as outside general counsel for several companies, advising them on day-to-day legal matters. Mr. Winkelman is a managing member at Hopkins Centrich Winkelman & Drucker PLLC in The Woodlands, Texas. Leigh Freeman Principal Leigh K. Freeman, Attorney at Law PLLC Topic: Considerations for Employers Implementing Layoffs, Furloughs and Pay Reductions During the COVID-19 Crisis Learning Objectives: Discuss general considerations and notice requirements of the Worker Adjustment and Retraining Notification Act (WARN) during COVID-19 Examine best practices for severance agreements including requirements for older workers under the Age Discrimination in Employment Act (ADEA) / Older Workers Benefit Protection Act (OWBPA) Consider implications of the Coronavirus Aid, Relief, and Economic Security Act (“CARES”) provisions to layoffs, furloughs and pay reductions About Leigh Freeman: Leigh Freeman is the principal of Leigh K. Freeman, attorney at law PLLC located in The Woodlands TX. She has represented businesses and individuals in a wide variety of fields including real estate, franchises, oilfield services, medical, IT, financial services, and energy, to name a few. The firm’s primary area of practice is corporate and transactional law, including employment-related matters. The firm acts as outside general counsel for privately held businesses and nonprofit organizations in The Woodlands, the greater Houston area, and throughout the State of Texas. Haley Paul Associate Attorney Stibbs & Co., P.C., Attorneys Topics: Americans with Disabilities Act (ADA) Considerations when Responding to COVID-19, Occupational Safety and Health Administration (OSHA) and Centers for Disease Control and Prevention (CDC) Guidelines for Maintaining a Safe Work Environment Learning Objectives: Discuss employer responsibilities under the ADA and how to respond to requests for accommodation due to COVID-19 concerns. Examine OSHA and CDC guidance for protecting workers from occupational exposure to COVID-19 Identify legally permissible methods for screening for COVID-19 in the workplace About Haley Paul: Haley Paul represents clients in a variety of labor and employment matters. Haley has successfully represented a number of employers during investigations by the Department of Labor’s Wage and Hour Division, the U.S. Equal Employment Opportunity Commission, the National Labor Review Board, and state agencies, such as the Texas Workforce Commission. She has successfully defended employers in a number of state and federal cases, including discrimination and harassment on the basis of race, sex, age, and disability; wage and hour collective actions, under the Fair Labor Standards Act (“FLSA”) and similar state wage and hour laws; and failure to accommodate and disability discrimination under the Americans with Disabilities Act. Haley has both defended and enforced trade secrets claims and employee restrictive covenants. She has extensive experience drafting employee handbooks, employment agreements (including arbitration and severance agreements), and performing trainings and seminars for clients.”

New Overtime Guidance explains Lump Sum Bonuses!

Play Episode Listen Later Mar 13, 2020 8:15

Today, we're talking about a new guidance that came from the FLSA that explains how to handle a lump-sum bonus, a little bit more in depth than we've had in the past. I really am excited about this because it answers some questions that have been pending for 60 years. Before we go too deep though, I want to ask you to please subscribe to our podcast. It makes a huge difference to us. You can find us on iTunes, Google podcast, Spotify, Stitcher, pretty much any pod catcher of your choice. You can also subscribe @peopleprocesses.com, which will give you access to some exclusive subscriber only content. Department of Labor regulations provide that the bonus amount is added to the employees other earnings for the week. Total earnings are divided by the total hours worked to arrive at the regular rate. So they make 1000 bucks. They worked, well, let me do it easier. They made for a hundred bucks. They work 40 hours a week, they make 10 bucks an hour, you give them $100 bonus, and now they're making an extra $2 and 50 cents per hour for 1250. Right? And that's their regular rate of pay. If they work 4142 4344 hours, then that regular rate of pay is multiplied by 1.5 to give you that overtime rate of pay. But what if the bonus covers multiple work weeks? That was the issue addressed by the DOL's Wage and Hour Division and their new opinion letter. We haven't linked on our website, it's WHD Opinion Letter FLSA 2020-1. It's from January 7, 2020. Alright, so let's take a fact here. An employer informed its employees in advance that they would receive a lump-sum bonus of $3,000 if they successfully completed 10 weeks of training and agreed to continue training for an additional eight weeks. Employees did not, however, have to actually finish the additional eight weeks to receive the lump-sum bonus. For example, if an employee completed the ten weeks of training and signed up for the additional eight weeks, the employee received the bonus even if he or she only completed one week of the additional training and dropped out. In the scenario that was presented to the DOL, an employee who received the lump-sum bonus ordinarily worked 40 hours per week. However, in week 5 of the 10 week original training, the employee worked 47, and in week 9 the employee worked 48 hours. The employer asked for advice on how to count the bonus and the employee’s regular rate for the weeks that the employee worked overtime. The DOL gave a little conclusion. So in its opinion letter, the Wage and Hour Division concluded that it was appropriate for the employer to use Method #1—that is, to allocate the lump-sum bonus over three times. And equally to each week have a 10 week training period. According to the opinion letter each week of the 10 weeks counted equally and fulfilling the criteria for the bonus, since missing any week would disqualify the employee from receiving the bonus. Moreover, there were no facts being inappropriate to assume equal bonus earnings per workweek, and a court has held that dividing a bonus equally among workweeks is not unreasonable even if the employee worked more or less than 40 hours in a given week. That case link to our site as well as its Vasquez vs TVC admin. Bottom line. Assume that the employee in the scenario presented to the DOL normally earns $10 per hour straight time. Using Method 1#, the employer would allocate the $3000 bucks equally over the 10-week bonus period, adding $300 to the employee's pay for each week to be included in calculating the employee's regular rate of pay. So, for example, in the week that the employee worked 47 hours, the employee's straight-time earnings would come to$ 770 bucks. That's (47 hours x $10 bucks + $300 bucks), resulting in a regular rate of $16.38 (770 straight time /47 hours). Therefore, the employee will be entitled to an overtime pay of $24.57 (1 ½ x 16.38) for each one of the seven overtime hours, right? So 2447 times seven.

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Episode 030 - Fed is Best - Pumping Edition

Happy Days Rested Nights

Play Episode Listen Later Mar 4, 2020 21:56

Title – Fed is Best – Pumping Edition Subtitle – with Melissa Guerriero and Samantha Day Fed is best. 3 words of truth. We are going to go through different episodes for the different ways we families chose to fed their babies and this week is all about pumping. We had the opportunity to talk with Melissa Guerriero on this topic and it was great! A little about our guest - Melissa Guerriero is the momma behind @pump_momma_pump on instagram. She is a two-time exclusive pumping mother to a 2.5 year old boy and a 7 month old baby girl. She runs her instagram page as a support for any pumping mother, exclusive or not! When her first baby was born prematurely, she learned how to pump from the NICU nurses but other than that, didn't have much support and had to do a lot of digging on the internet to find out more about exclusive pumping. She ended up exclusive pumping, by choice, for her second baby and also donates her milk. She started Pump Momma Pump to be who she needed when she began pumping- a cheerleader, a teacher, and someone to show her the best ways to make the best of breastpumping. You can find her at https://www.instagram.com/pump_momma_pump/ Referred to in the episode – “Department of Labor, Wage and Hour Division” To find out more about Samantha or to join her – Website – https://www.samanthadayconsulting.com/ Instagram - https://www.instagram.com/samanthadaysleepconsulting/ Facebook - https://www.facebook.com/samanthadaysleepconsulting/

health sleep fitness parenting dad mom behavior labor feeding fed infants wage newborn nicu pumping referred hour division

Deep Dive 74 – A Discussion on Current Department of Labor Priorities

Play Episode Listen Later Oct 17, 2019 57:16

The Department of Labor administers and enforces more than 180 federal laws, with mandates and regulations that affect workplace activities for about 10 million employers and 125 million workers. Since its creation in 1913, DOL has been in the vanguard of the regulatory state.This episode, moderated by former Solicitor of Labor Gregory Jacob, features a discussion with Cheryl Stanton, head of DOL’s Wage and Hour Division, and Jonathan Berry, head of its regulatory policy shop, about how President Trump’s Department of Labor is stewarding the responsibilities that have been entrusted to its care.Featuring:- Jonathan Berry, Principal Deputy Assistant Secretary for Policy, U.S. Department of Labor- Cheryl M. Stanton, Administrator, Wage and Hour Division, U.S. Department of Labor- [Moderator] Gregory Jacob, Partner, O'Melveny & Myers LLPVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

donald trump partner current deep dive policy labor priorities administrators wage stanton solicitor dol department of labor principal deputy assistant secretary hour division jonathan berry administrative law & regulatio regulatory transparency projec labor & employment law regproject

Deep Dive 74 – A Discussion on Current Department of Labor Priorities

Ending Human Trafficking Podcast

Play Episode Listen Later Oct 17, 2019 57:16

The Department of Labor administers and enforces more than 180 federal laws, with mandates and regulations that affect workplace activities for about 10 million employers and 125 million workers. Since its creation in 1913, DOL has been in the vanguard of the regulatory state.This episode, moderated by former Solicitor of Labor Gregory Jacob, features a discussion with Cheryl Stanton, head of DOL’s Wage and Hour Division, and Jonathan Berry, head of its regulatory policy shop, about how President Trump’s Department of Labor is stewarding the responsibilities that have been entrusted to its care.Featuring:- Jonathan Berry, Principal Deputy Assistant Secretary for Policy, U.S. Department of Labor- Cheryl M. Stanton, Administrator, Wage and Hour Division, U.S. Department of Labor- [Moderator] Gregory Jacob, Partner, O'Melveny & Myers LLPVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

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202 – The Role of the Department of Labor in Combating Human Trafficking

Play Episode Listen Later Jul 7, 2019 20:38

Dr. Sandie Morgan and Dave Stachowiak are joined by another partner, Paul Chang, to discuss Labor Trafficking. Paul is the Western Regional Anti-Human Trafficking Coordinator for the US Department of Labor in the Wage and Hour Division. Together, they discuss the nuances of labor trafficking and how DOL partnerships can help better equip your community! Key Points…

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202 – The Role of the Department of Labor in Combating Human Trafficking

Ending Human Trafficking Podcast

Play Episode Listen Later Jul 7, 2019 20:38

Dr. Sandie Morgan and Dave Stachowiak are joined by another partner, Paul Chang, to discuss Labor Trafficking. Paul is the Western Regional Anti-Human Trafficking Coordinator for the US Department of Labor in the Wage and Hour Division. Together, they discuss the nuances of labor trafficking and how DOL partnerships can help better equip your community! Key Points…

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Happy Hour - Division Preview: NFC North

Down, Set, Talk! - Der Football Podcast

Play Episode Listen Later Jul 3, 2019 117:01

Eine der spannendsten Divisions in der NFL und ein spannender Gast: Max-Jacob Ost vom Rasenfunk ist als leidenschaftlicher Packers-Fan auf sportartfremden Pfaden unterwegs. 04:14 News 12:08 Detroit Lions 32:49 Green Bay Packers 01:15:52 Minnesota Vikings 01:32:57 Chicago Bears

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Deep Dive 48 – The Wage & Hour Trifecta: DOL Proposals on Overtime Exemptions, the Overtime Calculations, and Joint Employment

Play Episode Listen Later Apr 30, 2019 51:33

After over two years of regulatory inactivity, the Wage and Hour Division of the U.S. Department of Labor recently published three proposals to revise the FLSA regulations – on joint employment, the “white collar” overtime exemptions, and the regular rate/overtime calculation. All three will have a significant impact on how employees are classified and paid. In its Notice of Proposed Rulemaking (NPRM) on joint employment, the DOL proposes to adopt the Ninth Circuit’s four-part Bonnette test. The NPRM on the overtime exemptions proposes to increase the minimum weekly salary that employers must pay to exempt employees from $455 to $679, formally revoking the 2016 Final Rule raising the minimum to $913 which was enjoined by a Texas District Court. Finally, the DOL’s NPRM on the regular rate will clarify the types of compensation that employers must include in (and may exclude from) the overtime compensation. Join Tammy McCutchen, former Administrator of the DOL’s Wage & Hour Division, for a briefing on all three proposed regulations.Featuring:- Tammy McCutchen, Principal, Littler Mendelson PCVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

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Deep Dive 48 – The Wage & Hour Trifecta: DOL Proposals on Overtime Exemptions, the Overtime Calculations, and Joint Employment

The Knowledge Group Podcasts

Play Episode Listen Later Apr 30, 2019 51:33

After over two years of regulatory inactivity, the Wage and Hour Division of the U.S. Department of Labor recently published three proposals to revise the FLSA regulations – on joint employment, the “white collar” overtime exemptions, and the regular rate/overtime calculation. All three will have a significant impact on how employees are classified and paid. In its Notice of Proposed Rulemaking (NPRM) on joint employment, the DOL proposes to adopt the Ninth Circuit’s four-part Bonnette test. The NPRM on the overtime exemptions proposes to increase the minimum weekly salary that employers must pay to exempt employees from $455 to $679, formally revoking the 2016 Final Rule raising the minimum to $913 which was enjoined by a Texas District Court. Finally, the DOL’s NPRM on the regular rate will clarify the types of compensation that employers must include in (and may exclude from) the overtime compensation. Join Tammy McCutchen, former Administrator of the DOL’s Wage & Hour Division, for a briefing on all three proposed regulations.Featuring:- Tammy McCutchen, Principal, Littler Mendelson PCVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

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Before The Show #65 - Independent Contractor: Misclassification, Recent Updates and Key Compliance

Play Episode Listen Later Feb 27, 2019 3:40

* Use coupon code PODCAST25 for 25% off this webcast * Webcast URL: https://www.theknowledgegroup.org/webcasts/independent-contractor/ Because of the varied legal standards set between federal and state laws, independent contractor classification in the US remains to be one of the most challenging matters that the business industry faces. On July 13, 2018, the Wage and Hour Division of the Department of Labor (DOL) issued Field Assistance Bulletin (FAB), which provided and set out essential factors and guidance on independent contractor or employee classification. With all the changes that continue to transpire in the independent contractor landscape, it becomes more important for both employers and employees to keep themselves updated with new compliance regulations to obviate the likelihood of potential misclassification. Our panel of key thought leaders and practitioners will offer a discussion of the fundamentals as well as updates regarding the latest and significant issues surrounding independent contractor classification. This LIVE Webcast aims to help you avoid common pitfalls and risk issues in independent contractor and employee misclassification. For anymore information please click on the webcast url at the top of this description.

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Trucker Wages -Understanding FMCSA 14 Hour rule and DOL 16 hour Wage Law

Ask The Trucker "LIVE" w/Allen Smith

Play Episode Listen Later Feb 9, 2019 119:00

Saturday 2-9-19 6PM ET 347-826-9170 Tonight’s show will open up by discussing a few of the most recent court decisions which have made a profound impact on the side of drivers. From the recent U.S. Supreme Court decision which ruled to exempt ALL transportation workers from the Federal Arbitration Act, to the most recent ruling from a district court judge in Arkansas, reaffirming that truck drivers need to be paid for every hour they spend in their trucks while they’re not sleeping, This ruling was based on Department of Labor Wage and Hour Division- Title 29 Section 785 Code of Regulations.. When it comes to drivers wages, there’s a misunderstanding between the FMCSA’s HOS rules and the Department of Labor’s Wage and Hour Division’s laws. FMCSA rules were created for safety, not for determining wages. The 14 hour rule determines how many hours you may drive and work, The 16 hour rule determines how truckers are to be paid. It is because truckers are paid by the mile,regulated by a clock, and enforced by an ELD, that this misperception has taken hold. At a time when driver wage reform is at the forefront of many concerns, the courts have established a baseline of minimum wage and how drivers are to be paid using laws which have already been on the books but have been commonly overlooked.

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S1 Ep. 9: Isabella Johnston and Jerron Thomas

The Intern Whisperer

Play Episode Listen Later Nov 27, 2018 50:18

Join Isabella and Jerron as they discuss the Department of Labor Wage and Hour Division's 7 criteria for unpaid internships, a visit from Lake Highland Prep School entrepreneur classes, and UCF's The Exchange.

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Working Wise: United States Department of Labor, Wage & Hour Division – Pilot PAID Program

HUB Talks

Play Episode Listen Later May 15, 2018 9:06

In this episode, Leann Walsh provides an overview of the U.S. Department of Labor's (DOL) new Payroll Audit Independent Determination Program (PAID). PAID is a six-month nationwide pilot program of the Wage and Hour Division (WHD) of the DOL. The program aims to facilitate resolution of potential overtime and minimum wage violations of the federal Fair Labor Standards Act (FLSA). Presenter: Leann Walsh Download Presentation Materials

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Working Wise: United States Department of Labor, Wage & Hour Division – Pilot PAID Program

Hub Talks

Play Episode Listen Later May 15, 2018 9:06

In this episode, Leann Walsh provides an overview of the U.S. Department of Labor's (DOL) new Payroll Audit Independent Determination Program (PAID). PAID is a six-month nationwide pilot program of the Wage and Hour Division (WHD) of the DOL. The program aims to facilitate resolution of potential overtime and minimum wage violations of the federal Fair Labor Standards Act (FLSA). Presenter: Leann Walsh Download Presentation Materials

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Working Wise: United States Department of Labor, Wage & Hour Division – Pilot PAID Program

K&L Gates Working Wise

Play Episode Listen Later May 15, 2018 9:06

In this episode, Leann Walsh provides an overview of the U.S. Department of Labor's (DOL) new Payroll Audit Independent Determination Program (PAID). PAID is a six-month nationwide pilot program of the Wage and Hour Division (WHD) of the DOL. The program aims to facilitate resolution of potential overtime and minimum wage violations of the federal Fair Labor Standards Act (FLSA). Presenter: Leann Walsh Download Presentation Materials

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Incentivizing Early Fixes: The Department of Labor's PAID Program

Play Episode Listen Later May 10, 2018 26:43

On March 6, 2018, the U.S Department of Labor's (DOL) Wage and Hour Division announced its new Payroll Audit Independent Determination (PAID) program. A six-month pilot program, PAID allows employers to proactively address potential wage and hour underpayments under the Fair Labor Standards Act (FLSA) by seeking early resolution of potential wage and hour violations. Karen Harned, Executive Director of the NFIB Small Business Legal Center, will provide an overview of the program and discuss the benefits and possible pitfalls of participation by employers. Featuring:Karen Harned, Executive Director, National Federation of Independent Business Small Business Legal Center Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

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Incentivizing Early Fixes: The Department of Labor's PAID Program

Play Episode Listen Later May 10, 2018 26:43

On March 6, 2018, the U.S Department of Labor's (DOL) Wage and Hour Division announced its new Payroll Audit Independent Determination (PAID) program. A six-month pilot program, PAID allows employers to proactively address potential wage and hour underpayments under the Fair Labor Standards Act (FLSA) by seeking early resolution of potential wage and hour violations. Karen Harned, Executive Director of the NFIB Small Business Legal Center, will provide an overview of the program and discuss the benefits and possible pitfalls of participation by employers. Featuring:Karen Harned, Executive Director, National Federation of Independent Business Small Business Legal Center Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

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People Processes: Compliance Update – Applications, Min Wage, Tips, and Turnover.

Play Episode Listen Later Apr 27, 2018 7:46

Employment inquiries. A new law in Michigan prohibits local governments in the state from adopting ordinances that regulate the information a current or potential employer may request, require, or exclude on job applications or during the interview process. This includes local prohibitions on salary history inquiries, as well as local “ban-the-box” requirements. Notably, the law does not bar criminal background check requirements in connection with the receipt of a license or permit from a local governmental body. Minimum wages. Nevada’s minimum wage is adjusted each year based on increases in the federal minimum wage or, if greater, the cumulative increase in the cost of living. According to the Office of the Labor Commission, the rates, effective July 1, 2018, will remain unchanged — $7.25 per hour with an offer of qualifying health benefits or $8.25 per hour without such an offer. The rate for daily overtime also stays the same because the minimum wage rate is not changing. Tipped workers. Under the Consolidated Appropriations Act, 2018, an employer may not keep tips received by employees for any purpose, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or not the employer takes a tip credit. In response to the new law, the U.S. Department of Labor’s Wage and Hour Division released Field Assistance Bulletin 2018-3, which clarifies its approach going forward — until new regulations are proposed — on tips and the tip credit. The bulletin confirms that employers that pay the full federal minimum wage may now allow nontraditionally tipped workers, such as cooks and dishwashers, to participate in tip pools. It also states that the agency will immediately begin using new enforcement tools to protect workers’ tips — including by recovering all tips unlawfully kept by employers, and imposing liquidated damages and civil monetary penalties as appropriate. Sexual harassment. Companies are increasing their focus on sexual harassment policies and training due to the #MeToo movement, according to a recent XpertHR survey. Most employers (92 percent) have a formal sexual harassment policy, and over a third (38 percent) plan to update theirs this year. Overall, employers seem secure in their ability to combat and prevent sexual harassment. Sixty-eight percent of survey respondents believe their workplace culture is inclusive and provides equal opportunities for women, while 71 percent are confident that their employees feel safe to report sexual harassment. Labor turnover rates, February 2018. The BLS defines the separation rate as the number of separations during the entire month as a percent of total employment. The following separation rates were reported for February 2018 for private industry and government. They are compared with the separation rates for February 2017. Total nonfarm employment (private industry and government): 2.9 (2018); 2.8 (2017) Total private employment: 3.2 (2018); 3.2 (2017) Mining and logging: 4.1 (2018); 4.4 (2017) Construction: 3.7 (2018); 4.3 (2017) Manufacturing: 2.4 (2018); 1.9 (2017) Trade, transportation and public utilities: 3.1 (2018); 3.3 (2017) Information: 2.8 (2018); 2.4 (2017) Financial activities: 1.9 (2018); 1.8 (2017) Professional and business services: 4.6 (2018); 4.4 (2017) Education and health services: 2.2 (2018); 1.9 (2017) Leisure and hospitality: 4.9 (2018); 4.7 (2017) Other services: 2.2 (2018); 2.9 (2017) Government: 0.9 (2018); 1.0 (2017)

Q&A: PTO Negative Balances, Religious Holidays, Complicated Overtime