Category

Employment Law

Cannabis in the Workplace – It’s Decision-Making Time

By | Best Practices, Corporate culture, Driving Safety, Drugs in the Workplace, Employment Law, Worker Disability, Workplace Injuries

With cannabis (“pot”) having been decriminalized or legalized in more than 30 states—in many cases for recreational, personal use—employers are struggling with how to approach the issue. Cannabis has been touted as a medicinal aid for many conditions, from PTSD to Crohn’s disease, nausea, cancer, multiple sclerosis and more. Yet, cannabis can alter worker reaction times and cause other physical changes that could put the worker, the firm, and its customers at risk. In certain…

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Summer Interns – What Compensation Does the Law Mandate?

By | Affordable Care Act, Best Practices, Employment Law, Hiring, Interns, Payroll, Policies and Procedures

If you are hiring – or have hired – summer interns, are you up to date on how you need to compensate them, if at all? Traditionally, most interns worked over the summer for the experience and to build their resumes. However, unpaid internships have come under more scrutiny in recent years, not only regarding wages but also for potential benefit eligibility under the Affordable Care Act. Historical guidance, as reflected in the Department of…

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Department of Labor Overtime Laws Are in Flux – And It May Get Much Worse!

By | Best Practices, Employment Law, Employment News, Policies and Procedures

Recently, a former Department of Labor (DOL) Wage and Hour Division (WHD) Administrator expressed concern for the new overtime rule that is working its way through the system. As we previously reported, in 2017 the Obama-era overtime rules were struck down by a court as invalid, leaving the Trump administration to make a determination about updating the rule. Former WHD Administrator Tammy McCutchen recently noted that the DOL’s planned timeline for finalizing the rule is…

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I-9 Forms of ID: A Great Tale About What’s Acceptable, or Not

By | Employment Law, Harassment and Discrimination, Hiring

Recently, one of our immigration lawyers sent us an update about a situation where a prospective employee couldn’t provide proper documentation for his I-9. The form of ID provided was an Allodial American National Identification Card, which is not an accepted form of identification listed on the I-9 instructions — and “Native American” is not a federally recognized tribe. She noted that applicants are not required to present social security cards for I-9 purposes, but…

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Engaged to be Waiting, or Waiting to be Engaged?

By | Best Practices, Employment Law, Payroll, Policies and Procedures

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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Disability Law Update: Circuit Court Finds for Employer in ADA Employee Accommodation Case

By | ADA, Employment Law, Worker Disability

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…

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Year-End “Punch List” Items – Are You on Track?

By | Benefits & Insurance, Best Practices, Employment Law, Payroll, Policies and Procedures, Record-keeping

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,…

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Compliance Tips for 2019

By | Best Practices, Employment Law, OSHA Regulations, Policies and Procedures

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…

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Are Placement “Registries” Employers ? A Recent Agency Bulletin Suggests Not, but Caveats Remain

By | Best Practices, Employment Law, Policies and Procedures

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…

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Workplace “Body Art” − An Update

By | Best Practices, Employment Law, Harassment and Discrimination, Hiring

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,…

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