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…
Under the Americans with Disabilities Act (ADA), employers are required to engage in an interactive process to “identify the precise limitations resulting from a disability and potential reasonable accommodations that could overcome those limitations.” Many lawsuits have been filed by employees alleging their employer failed to accommodate them, and Marathon HR cautions its clients to tread carefully where the ADA is concerned. However, in Brumley v. United Parcel Service, Inc., No. 18-5453 (6th Cir. 2018), the…
The end of any year is always challenging, between juggling personnel holiday vacation schedules, preparing year-end paperwork, and making adjustments for the upcoming year. From Affordable Care Act compliance and reporting to adjusting compensation strategies, there is no shortage of things to do. In case you are overloaded or running behind this year, here’s a handy list of items to review and determine if you have outstanding work for any of them. To simplify things,…
As we head toward the new year, following are some considerations for compliance in various areas. Staying on top of these will help keep your firm out of trouble while minimizing expenses and payroll. Payroll compliance is often more about correct interpretation of the law than math. If you are having trouble discerning between employees and independent contractors, look to the IRS guidelines for direction. Some—but not all—employee discounts qualify as income. Learn the difference. Even…
In July 2018, Bryan Jarrett, Acting Administrator of the Department of Labor (DoL), issued Field Assistance Bulletin No. 2018-4 (FAB) to help Wage & Hour Division (WHD) field investigators determine whether home care, nurse, or caregiver registries are employers under the Fair Labor Standards Act (FLSA). Registries aren’t employers – they are “worker matching services,” in this case, matching people who need care giving services with the caregivers who provide them. For this registry, the caregivers were home health…
Author’s note: In August, 2017, we published an article about the growing incidence of body art (tattoos and piercings) in the workplace. At the time, we talked about what the trend meant for employers, and what their rights were, when it came to restricting visible body art. A year later, we wanted to revisit the topic. In 2015, the ABA called “Grooming, religion and body art the new frontier in workplace discrimination.” Depending on the industry,…
Author’s Note: We originally published this article in 2014, and it still holds true today. In fact, with “Ban the Box” and “Fair Chance” laws, which are designed to level the playing field for people with criminal histories, and with new restrictions on the handling of personal information, navigating the maze of background check rules has become even more difficult. Add to this new “salary ban” laws—which prohibit employers from asking about prior salaries—and compliant…
As we head toward the true start of summer, many of us look forward to reading a good book while on vacation at the beach or in the mountains. While summer may be a great opportunity for R&R, we thought our clients might also like to stay abreast of some issues that affect them as an employer. Enjoy! Supreme Court Decision Supports Employer Rights in Dispute Arbitration: In late May, the Supreme Court found that…
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…
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…
Buffalo's Cafe Ends Human Resources Headaches;