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Hiring

Study Finds Minimum Wage Increase a Mixed Bag

By Employment News, Hiring, Policies and Procedures

For business owners in industries whose profit – or even viability – relies on filling positions with minimum wage workers, the possibility of a $15 an hour minimum wage is worrisome. Business leaders, or anyone concerned with the impact of a higher minimum wage, should take a look at a recent report by the Congressional Budget Office (CBO). Based on an analysis that examined the impact of a $15 an hour minimum wage, the report…

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Employee Obesity and “Fitness for Duty”

By Hiring, Policies and Procedures, Risk Management & Safety

In the past few years, several employee obesity-related court cases have made national headlines. This isn’t surprising, given that obesity is at an all-time high. Per a 2017 survey by Forbes and Statista, nearly 40 percent of U.S. adults can be characterized as obese. Obesity is a problem especially in “caregiver” occupations, such as home healthcare workers, where concern for a patient may outweigh the worker’s concern for their own health. (Per a survey by…

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The Future of Human Resources – What Does It Look Like?

By Corporate culture, Employee Retention, Employment News, Hiring

Deloitte just debuted a fascinating study of human capital and how such innovations as artificial intelligence are altering the future of workforce hiring, training and retention. It’s definitely worth a read (or at least a browse) and site visitors can download it without providing company or personal information. “In 2019, an intensifying combination of economic, social, and political issues is forcing HR and business leaders to learn to…reinvent their organizations around a human focus,” the…

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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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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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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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Don’t Run Afoul of the Fair Credit Reporting Act!

By Best Practices, Employment Law, Hiring, Risk Management & Safety

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…

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Summer Reading – What’s On Your List?

By Best Practices, Employment Law, Employment News, Harassment and Discrimination, Hiring, Technology in the Workplace

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…

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Contractor or Employee—Has a “Business Friendly” Administration Relaxed the Rules?

By Employment Law, Hiring, Policies and Procedures

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…

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US Dept. of Labor Issues New Guidance on Interns, Increasing Employer Flexibility

By Employment Law, Hiring, News

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…

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