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Yearly Archives

2023

New Overtime Pay Threshold May Force Employers to Increase Wages

By Georgia Department of Labor (GDOL), HR, Minimum Wage
The Department of Labor (DOL) has proposed increasing the salary threshold for exempt employees to $1,057 per week from the current threshold of $684 per week, which was implemented in 2020. The proposed increase would mean that more employees will fall under the salary threshold and qualify as nonexempt, therefore becoming eligible for overtime pay. What is an Exempt Employee? Exempt employees are typically paid a salary instead of an hourly wage. Exempt workers aren’t…
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NLRB Ruling on Employee Behavior Will Likely Require Employee Handbook Revisions

By HR
On August 2, 2023, after a landmark legal case involving Stericycle, the National Labor Relations Board (NLRB) adopted a new standard for assessing the lawfulness of work rules. The new standard heightens scrutiny of employer-enforced workplace rules about employee behavior. Any overly broad rules that chill employees’ exercise of their legal rights under the National Labor Relations Act would be considered unlawful, unless an employer can prove that the rules are necessary due to ‘legitimate…
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Georgia Expands Voting Leave Provisions

By HR, Legal
With a new election season coming, employers should be aware of their obligations in terms of providing time off to vote. Employees can now legally request time off for advance voting, as well as on election day. On July 1, Georgia Senate Bill 129 went into effect; the new law ensures that employees receive time off from work for early voting in primaries and elections. It also revises provisions related to taking time off to…
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Alternative Procedure Approved for I-9 Document Inspection

By HR, I-9 Documents, Legal
After announcing that it would end its temporary flexibilities for Form I-9 verification requirements, the Department of Homeland Security (DHS) has adjusted its stance again. In May 2023, U.S. Immigration and Customs Enforcement (ICE) announced that employers would have until August 30, 2023, to physically inspect all documents that had been examined remotely using the COVID-19 flexibilities. On July 25, 2023, DHS announced the availability of an alternative procedure effective August 1, 2023. Employers who…
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Georgia’s State-Based Insurance Marketplace Delayed

By Benefits, Georgia Access, Healthcare, HR
In May, Georgia Governor Brian Kemp signed Senate Bill 65 establishing Georgia Access – a state-based exchange (SBE) for individual health insurance. The legislation allows Georgia to exit the federal marketplace exchange and gives the Georgia Office of Insurance and Safety Fire Commissioner (OCI) authority over operating an SBE for Georgia. Current Status of Georgia Access Originally, Georgia Access was slated to roll out for Open Enrollment 2024. As part of the standard process for…
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Select the Right PEO for Your Business

By HR, Payroll
Business owners often realize that the daily administrative tasks related to human resources (HR) have become too complex to manage or are taking up too much time. A professional employer organization (PEO) like MarathonHR can allow you to outsource your HR functions to a “co-employer.” In a PEO arrangement, responsibilities are shared; the business remains the “Job-Site Employer” and the PEO becomes the “Administrative Employer.” The advantage of the PEO relationship is that small- to…
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How the Pregnant Workers Fairness Act May Impact Your Small Business

By HR, Legal
The Pregnant Workers Fairness Act (PWFA), a new law effective June 27, 2023, gives pregnant workers extra protections if they require accommodations to carry out their work duties. It’s important to note that existing laws have protected the rights of pregnant workers for a long time. The PWFA simply spells out requirements for employers to make accommodations, if necessary, for the worker’s safety and comfort. Employers’ Obligations Under the PWFA The PWFA requires covered employers…
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The 80/20 Tip Credit Rule Still Stands

By HR, IRS, Legal, Payroll, Tips
In July, a federal court refused to block the U.S. Department of Labor (DOL)’s “80/20 rule,” which applies to employers taking the tip credit toward their federal minimum wage obligations. The DOL rule is intended to limit the amount of non-tip producing work that a tipped employee can perform when an employer is taking a tip credit. Here is a good article on the 80/20 rule from Fisher Phillips that restaurant owners should read to…
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Working in the Heat

By OSHA, Workplace Safety
It’s officially summer, and businesses that have employees working outside should be aware of the risks of heat-related illness. The Centers for Disease Control (CDC) estimates that more than 700 people die each year from excessive heat, and more than 67,000 people visit an emergency room due to heat-related illness. The Occupational Safety and Health Act (OSHA) states that an employer has a legal obligation to provide a workplace free of conditions or activities recognized…
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Hiring Summer Interns? Understand Your Responsibilities.

By HR, Interns
Many companies like to take advantage of the opportunity to hire interns during the summer months. It’s usually a win-win; the employer can use the extra help, and the intern gains valuable work experience. If you’ve hired interns this summer, you do have responsibilities as an employer from a legal standpoint. To Pay or Not to Pay? Companies frequently ask if they are required to pay interns. Yes, it’s possible to offer unpaid internships; however,…
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