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Employment Law

Remote Workers Do Not Necessarily Qualify as Independent Contractors

By Employment Law

As many companies have expanded their workforces to include out-of-state employees and others working from remote locations, it’s tempting for some employers to consider those employees independent contractors instead of full-time employees. After all, keeping a worker off the payroll may potentially save an employer money on payroll taxes, benefits and other labor costs. However, as we have seen recently in the state of Georgia, labor authorities are taking a closer look at these arrangements…

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Georgia Law Imposes Penalties for Improper Employee Classification

By Employment Law, Employment News

Georgia’s new Act 809 (H.B. 389), effective July 1, 2022, seeks to tighten the distinction between employees and independent contractors. By expanding the definition of employee, more workers will be able to claim unemployment benefits. Act 809 changes the definition of employment to include any services an individual performs for wages, which would apply to most workers. Act 809 classifies workers as contractors only if they are autonomous and unrestricted in the performance of services….

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Know Your Youth Labor Laws

By Employment Law

Younger workers – those under the age of 18 – can be a great source of workplace talent for employers. They’re energetic, creative and, for the most part, flexible if you can work around their academic and extracurricular commitments. If you’re thinking of hiring youth labor for your business, you’ll need to be mindful that most states have their own rules about employing young workers. In addition, some states have different minimum wage requirements. When…

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Unemployment Shenanigans: Claims Against the Wrong Employer

By Employment Law, Unemployment Insurance

Unemployment claims can take up valuable time and affect your bottom line. That’s why it’s important to stay on top of claims and respond to any that are made in error or that contain inaccurate information. Beware of claims against the wrong employer When a former employee applies for unemployment, the employer will receive notification of a claim and have a chance to respond to it. Incorrect information may be challenged, such as when former…

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What Happens When a Remote Worker is Injured at Home?

By Employment Law, OSHA Regulations, Workplace Injuries

With many companies either hiring remote employees or allowing existing employees to work from home, the process of documenting workplace injuries is becoming more complicated. An article I read recently described a situation in which a salesperson tripped over her dog and fractured her wrist while working from home for a major retailer. She filed – and won – a lawsuit against the employer, claiming the injury resulted from her employment and the company’s requirement…

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It’s Time to Stop Remote Verification of I-9 Forms

By COVID-19, Employment Law, I-9 Forms

During the pandemic, the Department of Homeland Security (DHS) relaxed the procedures for collecting the employee identification documents necessary to complete I-9 Forms. Understandably, some flexibility was necessary as employers were exercising precautions related to physical proximity and in-person meetings. During that time, DHS allowed employers to inspect I-9 identity documents remotely (such as through video link, fax or email) in lieu of performing a physical inspection. However, employers who utilized this option are now…

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End of COVID-19 Temporary Policy for Expired List B Identity Documents

By COVID-19, Employment Law

The Department of Homeland Security is ending its COVID-19 Temporary Policy for List B Identity Documents. Starting May 1, 2022, employers may only accept unexpired List B documents. The temporary policy allowed employers to accept expired forms of List B identity documents, such as driver’s licenses, state and military ID cards, and voter registration cards, in response to the difficulties with renewing documents during the COVID-19 pandemic. Now that barriers to renewal are largely gone,…

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Calculate Your Business’s Unemployment Numbers Correctly to Avoid Claims and Tax Problems

By Employment Law, Unemployment Insurance

Unemployment relief available through federal and state governments during the pandemic didn’t require employers to file claims against their unemployment insurance. However, those relief measures ended last year, and pre-pandemic protocols and procedures resumed. We’ve observed that improper management of departing staff and unemployment claims over the past two years is now causing problems for some businesses. Inaccurate employment records Employers pay for Unemployment Insurance as a business cost through the State Unemployment Tax Act…

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Stay Compliant with Your Wage and Hour Practices

By Best Practices, Employment Law, Payroll

To stay compliant with federal and state labor laws, employers must have systems in place to accurately capture hours worked and payroll records showing that employees were appropriately compensated for those hours. MarathonHR can counsel you on the optimal classification for an employee. One client recently needed guidance on whether a marketing hire should be exempt or nonexempt since the position required working varied hours, including some weekends and evenings. We reminded them that salaried…

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Vaccine Mandate Looms for Employers

By COVID-19, Employment Law, Employment News, OSHA Regulations, Vaccine Mandates

Under the federal vaccine mandate announced by the Biden administration, many large employers will be required to have their workers vaccinated or subject to weekly COVID-19 testing. The current deadline for compliance is January 4, but the situation is a moving target. On Saturday, November 6, the U.S. Court of Appeals for the 5th Circuit halted the requirements pending their review. Republican attorneys general in at least 26 states have challenged President Biden’s vaccine and…

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