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Employment News

Will a Higher Minimum Wage Result in Fewer Jobs—and Small Businesses?

By Employment News, News

Earlier this month, the governor of Missouri announced he was lowering the state’s minimum wage from $10 back to $7.70. The reason? He had heard from numerous small-business owners who said they couldn’t afford to pay the wage and stay in business. Although California and other states have committed to raise minimum wage to $15 an hour, small and midsized business (SMB) owners with limited resources appear to be struggling to meet higher wage requirements….

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Can Meal Break Payments Cover Off-the-Clock Work?
The Supreme Court May Decide

By Employment Law, Employment News

Business owners face many situations where laws don’t appear crystal clear or do not cover particular circumstances. In these cases, lacking the advice of an attorney or HR specialist, they make judgment calls that may get them into trouble. That happened to a major corporation, whose personnel assumed paid meal breaks could offset unpaid pre-shift and post-shift work. Although their logic may have seemed reasonable, the approach was not covered by the Fair Labor Standards…

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As Drug Use Accelerates, Failed Drug Tests Hit 12-Year High

By Drugs in the Workplace, Employment News

Anyone who listens to or reads the news likely knows about the drug epidemic sweeping many states, including Georgia. In the workplace, prescription pain medication has been especially problematic. Close to 8 million pain medication prescriptions are issued in Georgia every year. Despite these events, many companies still do not drug test—or do not test effectively. Marathon believes that organizations simply cannot afford to underestimate the importance of drug testing, any longer. If you don’t…

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FLSA Delay

By Employment Law, Employment News

As you may have heard, there has been a delay in the implementation of the long awaited increase in the wage test for exemption from overtime.  At this point, there is uncertainty as to what will happen in the future, but I personally feel it is unlikely that this change is going away completely. With that being said, we have several options: If you have not yet implemented any changes, your procrastination has paid off….

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Time is Up on Implementing Overtime Regulations

By Employment Law, Employment News

The Department of Labor’s (DOL) new overtime regulations go into effect in just a couple of weeks – December 1, 2016, which we’ve discussed many times over the past six months: Countdown to FLSA Compliance Focus on the FLSA Staying on Top of Overtime Overtime Overhaul To qualify for exemption, employees must meet two “tests” – a wage test and a duties test. In order for an exemption to apply, an employee’s duties and wages…

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Questioning What is Reasonable

By Employment Law, Employment News, News

We are seeing more Americans with Disabilities Act (ADA) claims lately, which shine a light on the gray area of “what is a reasonable accommodation?” If an employee cannot perform their job duties because of a non-work related medical issue, the employer should try to find a position within the employee’s skill set and comfort level. The key is identifying reasonable accommodations for the employee and avoiding undue hardship on the employer. Take ADA claims…

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Staying on Top of Overtime

By Employment Law, Employment News, News

As we indicated in last month’s newsletter, the U.S. Department of Labor (DOL) finalized their new overtime policy known as the “white-collar exemption.” This is a significant change to overtime pay exemptions, increasing the salary of “exempt” employees to $47,476 from $23,660, meaning if an employee makes less than $47,476 annually, they are now entitled to overtime pay. Employers must comply with these updated regulations by December 1, 2016. That gives you a little more…

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Will Transparent Data Make Workplaces Safer?

By Employment Law, Employment News, News

The U.S. Department of Labor (DOL) thinks so. In May, the Occupational Safety and Health Administration (OSHA) announced a ruling that increases data transparency by making information about workplace injuries and illnesses available online. They say that sharing this kind of information publicly helps “reduce work-related injuries and illnesses.” The new rule takes effect on January 1, 2017. It requires certain employers to electronically submit injury and illness data that they are already required to…

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Overtime Overhaul

By Employment Law, Employment News, Payroll

The U.S. Department of Labor (DOL) is close to making a final decision regarding salary levels eligible for overtime pay exemptions. The anticipated outcome is expected to more than double the current annual exemption level of $23,660 to somewhere between $47,000 and $50,000. This change is expected to impact many people including executives, administrators and professionals. For this reason, the new policy is often referred to as the “white-collar exemption.” Employees newly classified as nonexempt…

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