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Legal

Oct 15 2015
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The Required Number of Seats – Toilet Seats, That Is

By Legal
A client asked me an interesting question... Do businesses have to provide restroom facilities, namely toilets, for their employees? The answer is an unequivocal "yes." The Occupational Safety and Health Administration (OSHA) has clear regulations for the required number of "seats" (or water closets) a business must have. Number of employees Minimum number of water closets1 1 to 15 1 16 to 35 2 36 to 55 3 56 to 80 4 81 to 110…
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Sep 08 2015
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E-Verify Logo on Your Website Lets Job Seekers Know You Participate

By Legal
U.S. law requires companies to employ only individuals who may legally work in this country. This means either U.S. citizens or non-citizens who have the appropriate authorization. As a means to determine the eligibility of employees to work in the U.S., the government developed "E-verify," an internet-based system that is free and easy to use. I think it’s an effective way for employers to ensure that their workforce is legal. According to the Department of…
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Aug 26 2015
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Do You Have Any WOWs?

By Legal
A WOW, as defined by the Department of Labor (DOL), is a "worker owed wages." If the DOL conducts an audit and finds an issue of underpayment of an employee, they work with the employer to make the pay current. If they cannot find the employee, the DOL retains the back wages while continuing to look for the employee for payment. If, after three years, they are unable to locate the employee, the money is…
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Jul 16 2015
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Are You Sure You Should Ask That?

By Legal, Recruiting
A 2014 Harris Poll conducted on behalf of CareerBuilder found that 20% of employers have unknowingly asked an illegal interview question. Further, at least a third of employers are unsure about the legality of some interview questions. "It's important for both interviewer and interviewee to understand what employers do and don't have a legal right to ask in a job interview – for both parties' protection," says Rosemary Haefner, chief human resources officer at CareerBuilder.…
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Jun 09 2015
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To Pay or Not to Pay Summer Interns?

By Legal, Payroll, Recruiting
If you are hiring – or have hired – summer interns, you need to do the requisite "summer reading" on whether or not you need to pay them. Traditionally, most interns worked over the summer for the experience and to build their resume. However, unpaid internships have gotten a little more complicated from a legal perspective in recent years. The Department of Labor's (DOL) Fair Labor Standards Act (FLSA) mandates that interns in the "for-profit…
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Apr 27 2015
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Who Benefits from Wage & Hour Law Changes?

By Legal, Payroll
Are the latest changes in federal wage and hour laws good for your business or only good for the government? In a session titled, "What's New in Wage-Hour," Matthew Simpson presented on the minimum wage and the impact of cities and states increasing the minimum wage. Simpson stated that raising the minimum wage in markets with a higher cost of living such as New York, NY and San Francisco, CA, is probably appropriate but that…
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Apr 20 2015
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Federal Investigators and Lawsuits – on the Rise

By Legal
Eight years ago, the federal government had 730 Department of Labor (DOL) investigators. Today, they have 1,000. That means more people available to investigate violations. Further, the process has changed. Employers used to be able to call the DOL and request a ruling by submitting position details. They would get a decision as to whether this was an exempt or non-exempt position and receive a pass on any past violations. Now, the DOL is less…
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Apr 13 2015
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The DOL Has an App for That

By Legal
Yes, even the Department of Labor (DOL) understands how effective online apps can be. This weekend, when you're looking for a restaurant for dinner that is free of health violations, use the DOL's app, Eat Shop Sleep. Users can search for places to eat, shop and sleep and see if there are any pending safety, health or labor issues attached to these businesses as well as read customer reviews. For employees that are using a…
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Apr 06 2015
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Bring Your Own Device (BYOD) Issues

By Legal
Fisher & Phillip's Michael Elkon presented on the issues companies face when allowing employees to bring their own mobile devices to use for business purposes. There are "hidden costs and risks" associated with this practice, Elkon says. First, requiring employees to use their own mobile phone and not reimbursing them for that device may cause problems. This is the result of a California case (Cochran vs. Schwan's Home Services, Inc.) where the Court held that…
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Mar 24 2015
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It’s About Time

By Legal, Payroll
Time. It's how we spend the days, weeks, months and years of our lives personally and professionally. In the workplace, however, it is also necessary to record our time in order to be paid. Time tracking and recordkeeping is critical for business owners under the law. The U.S. Department of Labor has outlined requirements for recordkeeping under the Fair Labor Standards Act (FLSA). For compliance purposes, there are several records the employers are required to…
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