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Yearly Archives

2017

Why Don’t We Labor on Labor Day?

By Benefits & Insurance, Employment News, News, Uncategorized

Our news usually deals with business topics, but today, we thought it would be interesting to look at the history and origination of our beloved “end of summer” holiday: Labor Day. This day might better be called “Workers’ Day,” because that is who it celebrates—the American worker and the trade and labor groups that support them. Encouraged by the labor movement, Labor Day’s first governmental recognition came through municipal ordinances passed in 1885 and 1886,…

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Family Leave Rules Are a Potential Landmine for Employers

By FMLA, Pregnancy Leave, Sick Leave

Even with record numbers of employers winning Family Medical Leave Act lawsuits, family-leave related issues remain complex and treacherous for most firms to navigate. The fact that Georgia has no state equivalent of the federal FMLA, and that firms of fewer than 50 are not subject to its requirements, doesn’t make compliance any easier. From pregnancies to off-the-job injuries, situations that temporarily remove a worker from his place of employment must be treated with care….

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The Trend Toward Workplace “Body Art” − What You Can Do

By Best Practices, Employment Law, Hiring

With Millennial workers (and many workers from other eras) increasingly adopting non-traditional body art (officially called body modifications), business owners are grappling with how to address this issue. Per a February 2016 Harris Poll, 47 percent of Millennials and 36 percent of Gen X respondents have at least one tattoo, and that percentage is only going to rise. Tattoos and piercings may be fine for businesses that want to be perceived as “edgy,” but what…

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Will a Higher Minimum Wage Result in Fewer Jobs—and Small Businesses?

By Employment News, News

Earlier this month, the governor of Missouri announced he was lowering the state’s minimum wage from $10 back to $7.70. The reason? He had heard from numerous small-business owners who said they couldn’t afford to pay the wage and stay in business. Although California and other states have committed to raise minimum wage to $15 an hour, small and midsized business (SMB) owners with limited resources appear to be struggling to meet higher wage requirements….

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HR Professionals Who Step Over the Line: Are You Unwittingly “Practicing Law”?

By Employment Law

Marathon has always counseled its clients that the best way to handle legal issues relating to employment-related activities is to work with a labor attorney. When HR professionals make judgment calls about, or engage in activities relating to, the legal aspects of a personnel issue, they run the risk of taking inappropriate action that could potentially put themselves and their employers in jeopardy. Some of these activities can seem very rational. Consider, for example, the…

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Contractor or Employee? President Trump Reverses Guidance, but Employers Must Remain Vigilant

By Employment Law

In June of this year, President Trump withdrew two Department of Labor (DOL) “Guidance Letters,” one of which could potentially relax scrutiny as to whether a worker is an employee or a contractor. The guidance, issued during the Obama administration, took the general position that most workers are employees rather than independent contractors. Some national organizations hailed this move as “pro-employer,” but Marathon cautions its customers not to assume they can stop being cautious in…

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Can Meal Break Payments Cover Off-the-Clock Work?
The Supreme Court May Decide

By Employment Law, Employment News

Business owners face many situations where laws don’t appear crystal clear or do not cover particular circumstances. In these cases, lacking the advice of an attorney or HR specialist, they make judgment calls that may get them into trouble. That happened to a major corporation, whose personnel assumed paid meal breaks could offset unpaid pre-shift and post-shift work. Although their logic may have seemed reasonable, the approach was not covered by the Fair Labor Standards…

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As Drug Use Accelerates, Failed Drug Tests Hit 12-Year High

By Drugs in the Workplace, Employment News

Anyone who listens to or reads the news likely knows about the drug epidemic sweeping many states, including Georgia. In the workplace, prescription pain medication has been especially problematic. Close to 8 million pain medication prescriptions are issued in Georgia every year. Despite these events, many companies still do not drug test—or do not test effectively. Marathon believes that organizations simply cannot afford to underestimate the importance of drug testing, any longer. If you don’t…

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Engaged to be Waiting, or Waiting to be Engaged?

By Employment Law

One of the most common questions for employers determining compensable time is how to handle on-call situations. If an employee is on-call, is he or she eligible to be paid for the on-call time? The answer lies in the restrictions the employer places upon the worker during the on-call period. To make this determination, there are two key questions that employers should consider. 1. Does the employer control the location where employees must wait? Per…

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U.S. Circuit Court of Appeals Confirms LGBT Protections in Landmark Ruling

By Employment Law, News

Last month, the 7th Circuit Court of Appeals, which hears cases in several Midwest states, issued a judicial ruling that sexual orientation claims are actionable under Title VII of the 1964 Civil Rights Act. The ruling came in response to a suit in Indiana, Hively v. Ivy Tech Community College of Indiana. It adds support to a July 2016 administrative opinion, issued by the Equal Employment Opportunity Commission (EEOC) in relation to a separate suit….

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