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Yearly Archives

2018

Is It Time to Retire Your Mechanical Time Clock?

By HR
"Punching the clock" has long been a euphemism for “going to work,” since it comes from the practice of personnel “punching in” by sliding timecards into a mechanical device. Salaried employees may not need to “punch in and out,” but for hourly employees, it’s the only way to measure their time and ensure they are paid accordingly. However, older mechanical time clocks aren’t always accurate and are susceptible to “buddy punching.” Additionally, processing their time…
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Social Media Is Putting People and Companies at Risk. Is Your Position Clear?

By HR
As the bad news grows regarding Facebook’s imprudent treatment of user information, you may be wondering if privacy violations are endangering your company or its personnel. At Marathon, we believe it is certainly possible. We recommend prudence as the best course of action. All organizations should have a clearly defined social media “posture” supported by firm policies regarding the use of social media. Companies in industries that involve vulnerable populations, such education, home healthcare (e.g.…
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Contractor or Employee—Has a “Business Friendly” Administration Relaxed the Rules?

By HR, Legal, Recruiting
Last year, President Trump withdrew two Obama-era Department of Labor (DOL) “Guidance Letters,” one of which had made it more difficult for companies to safely classify workers as independent contractors. Some national organizations hailed withdrawal of the guidance as “pro-employer,” but Marathon recommended companies continue to be very cautious with their determinations. Now, we are reiterating that stance. With the withdrawal of the guidance letter, a 2015 “multi-factor test” was no longer relevant. However, the…
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The Challenge of Employee Obesity: Recent Court Rulings Raise the Bar; Medical Journal Says Home Healthcare Workers Are at Significant Risk

By Safety
Click to view larger image. A March 2018 court decision, Shell v. Burlington Northern Santa Fe Railway Company, has set a possible precedent for employers to be held liable in actions where they inadvertently classify an obese individual as disabled by making health assumptions based on weight. Per the Equal Employment Opportunity Commission (EEOC) obesity is not a protected status under the Americans with Disabilities Act (ADA) unless the obesity both is outside of a…
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US Dept. of Labor Issues New Guidance on Interns, Increasing Employer Flexibility

By HR, Legal, Recruiting
In January, the U.S. Department of Labor (DoL) rolled out new guidelines that make it easier for companies to use unpaid interns, but some labor experts are warning the guidance is not a panacea. The update, published in a DoL guidance document on its website, sets a more flexible standard for employers than previous guidance. Now, interns must be the “primary beneficiaries” of the program—in other words, the programs must benefit the intern more than the…
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How Will the Tax Cuts and Jobs Act Impact Your Workers’ Taxes?

By HR, Legal, Payroll
The Tax Cuts and Jobs Act has taken effect and you and your employees may have noticed a change in take-home pay. This happened because the marginal tax rate dropped for the average individual, but that doesn’t mean they can keep the extra money. If most of your employees received an increase in their pay, it might be prudent to caution them not to celebrate, just yet. An increase in take-home pay will not necessarily…
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SHRM Weighs in on Employee Handbook Issues

By Benefits, Legal
Two prominent human resources lawyers, the senior legal editor for the Society for Human Resource Management (SHRM) and a legal expert for HR information website ExpertHR, have jointly published an opinion asserting that “cookie-cutter” employee handbooks are no longer practical for many employers, especially those operating in multiple states. As the basis for their recommendation, they cite the trend toward federal deregulation and the volume of both state and local legislative actions. As detailed in the…
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Flu Season Has Yet to Peak—Keep Employees on Alert

By Benefits, Safety
It might seem logical to assume that flu season would ramp down as temperatures moderate, but per the Centers for Disease Control (CDC), flu season lasts until mid-May. This year’s flu season has been especially dangerous—and deadly—and CDC experts say it isn’t peaking, yet. With cumulative hospitalizations at the highest rate since the CDC has been tracking them, employers should remind personnel to stick with flu prevention strategies at least through March, if not longer.…
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