With a new election season coming, employers should be aware of their obligations in terms of providing time off to vote. Employees can now legally request time off for advance voting, as well as on election day. On July 1, Georgia Senate Bill 129 went into effect; the new law ensures that employees receive time off from work for early voting in primaries and elections. It also revises provisions related to taking time off to…
After announcing that it would end its temporary flexibilities for Form I-9 verification requirements, the Department of Homeland Security (DHS) has adjusted its stance again. In May 2023, U.S. Immigration and Customs Enforcement (ICE) announced that employers would have until August 30, 2023, to physically inspect all documents that had been examined remotely using the COVID-19 flexibilities. On July 25, 2023, DHS announced the availability of an alternative procedure effective August 1, 2023. Employers who…
The Pregnant Workers Fairness Act (PWFA), a new law effective June 27, 2023, gives pregnant workers extra protections if they require accommodations to carry out their work duties. It’s important to note that existing laws have protected the rights of pregnant workers for a long time. The PWFA simply spells out requirements for employers to make accommodations, if necessary, for the worker’s safety and comfort. Employers’ Obligations Under the PWFA The PWFA requires covered employers…
In July, a federal court refused to block the U.S. Department of Labor (DOL)’s “80/20 rule,” which applies to employers taking the tip credit toward their federal minimum wage obligations. The DOL rule is intended to limit the amount of non-tip producing work that a tipped employee can perform when an employer is taking a tip credit. Here is a good article on the 80/20 rule from Fisher Phillips that restaurant owners should read to…
In August, we discussed tougher new standards in Georgia for classifying a worker as an independent contractor. The law intends to prevent companies from categorizing someone as a contractor when they’re really an employee who should receive the protections of federal and state employment laws. Misclassifying an employee as exempt is one of the latest ways that companies are trying to get around labor laws. It’s hard to believe that business owners would do this,…
Under the Affordable Care Act (ACA), the IRS requires all employers and qualified health plan providers to report information about their offers of health coverage and health coverage enrollment using tax Forms 1095. What is the Difference Between Forms 1095-A, 1095-B Form 1095-C? Form 1095-A The 1095-A form (Health Insurance Marketplace Statement) is for people who have health insurance through the Health Insurance Marketplace, often called an exchange. These are individuals who do not have…
Non-compete agreements are typically signed at the beginning of a business relationship, such as when a new employee is hired. If the employee leaves the job, the agreement usually stipulates a time period that he or she may not engage in business activities that would compete with the employer. The Federal Trade Commission (FTC) has proposed a new rule that would ban employers from imposing non-compete agreements on their workers. Why is the FTC Proposing…
Tips and gratuities can make up a significant portion of many workers’ earnings. In addition to restaurant workers, employees in other settings such as beauty salons, car washes and valet services routinely receive tips from customers. So, what happens to the cash tip that you handed to the person who washed your car? The business may require the employee to place the tip in a “tip pool.” What is Tip Pooling? Tip pooling is the…
With recent changes in the economy, some employers may find themselves forced to reduce costs through employee layoffs. However, it’s important to know how to handle a reduction in force correctly. A failure to follow proper protocol when terminating employees or conducting layoffs could soil your business’s reputation and expose you to the risk of lawsuits or workplace safety issues caused by disgruntled employees. A cautionary tale In late November, a Mississippi-based furniture company laid…
It’s a good idea to periodically revisit recordkeeping requirements under the Fair Labor Standards Act (FLSA). Every employer covered by the FLSA must keep certain payroll records for each covered, nonexempt worker for at least three years. It’s in an employers’ best interests to keep as much detailed information as possible to demonstrate compliance with the FLSA’s provisions regarding minimum wage, overtime, equal pay and child labor. What kind of information do I need to…
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