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Social Media Is Putting People and Companies at Risk. Is Your Position Clear?

By HR
As the bad news grows regarding Facebook’s imprudent treatment of user information, you may be wondering if privacy violations are endangering your company or its personnel. At Marathon, we believe it is certainly possible. We recommend prudence as the best course of action. All organizations should have a clearly defined social media “posture” supported by firm policies regarding the use of social media. Companies in industries that involve vulnerable populations, such education, home healthcare (e.g.…
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Engaged to be Waiting, or Waiting to be Engaged?

By HR, Legal, Payroll
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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Sexual Harassment Training: More Important than Ever

By HR, Legal
With famous individuals continuing to fall like dominoes as allegations of sexual misconduct or harassment continue, the Equal Employment Opportunity Commission (EEOC) is stepping up enforcement. In FY 2018, the EEOC recovered nearly $70 million for sexual harassment victims, compared with $47.5 million in FY 2017. As a result, all business owners should be evaluating their corporate stance on sexual harassment, and making sure they know exactly what does, and doesn’t, cross the lines. Fortunately,…
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Is Cell Phone Usage Reducing Office Productivity?

By HR
Cell phone usage in the workplace is at an all-time high, and evidence is mounting that employee cell phone use causes unwanted distractions in the office. In a 2015 study by CareerBuilder, 44% of business leaders ranked cell phone usage as the number one productivity killer—placing it atop the list of workplace distractions. Yet, many company leaders struggle to manage cell phone usage effectively. Here’s a simple solution. Unless workers need their cellphones to perform…
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Are Placement “Registries” Employers ? A Recent Agency Bulletin Suggests Not, but Caveats Remain

By HR, Legal
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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Why Don’t We Labor on Labor Day?

By HR
Why Don’t We Labor on Labor Day? Our news usually deals with business topics, but with Labor Day coming up this weekend, we thought it would be interesting to look at the history and origination of our beloved “end of summer” holiday: Labor Day. This day might better be called “Workers’ Day,” because that is who it celebrates—the American worker and the trade and labor groups that support them. Encouraged by the labor movement, Labor…
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Workplace “Body Art” − An Update

By HR, Legal
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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Stop Technology from Disrupting Your Workplace

By HR
For the past several decades, experts have talked about the “disruptive” nature of technology to change, for the better, the way companies run their operations. However, with the use of digital technologies becoming as common in offices as desktop computers, these disruptions aren’t always positive. To prevent technology from becoming a detriment to the work environment, shrewd business leaders can enact policies and procedures to manage the flow of information through their company. Personal Technology…
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Summertime, and the Living’s Easy…Productivity Can Be, Too!

By HR
I recently discovered a book by Chris Bailey entitled “The Productivity Project: Accomplishing More by Managing Your Time, Attention, and Energy.” It prompted to me to look at my own effectiveness and assess what’s working and where I could improve. Tips to increase your productivity: Rule of Three – Bailey talks about starting each day with the question, “By the time today is done, what three main things do I want to accomplish?” It sounds so…
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Summer Reading – What’s On Your List?

By HR
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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