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Legal

To Pay or Not to Pay? What Are the Rules Regarding Interns?

By Legal, Payroll, Recruiting
One question that comes up, especially in the summer, is whether interns have to be paid. The Department of Labor (DOL) has issued Fact Sheet 71 to provide employers guidance on this issue. Summer internships can be extremely beneficial for both the company and the intern. To maximize this relationship and remain compliant with the Fair Labor Standards Act (FLSA), employers must pay attention to what is known as the primary beneficiary test – a…
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What Happens When a Remote Worker is Injured at Home?

By Legal
With many companies either hiring remote employees or allowing existing employees to work from home, the process of documenting workplace injuries is becoming more complicated. An article I read recently described a situation in which a salesperson tripped over her dog and fractured her wrist while working from home for a major retailer. She filed – and won – a lawsuit against the employer, claiming the injury resulted from her employment and the company's requirement…
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Stay Compliant with Your Wage and Hour Practices

By HR, Legal, Payroll
To stay compliant with federal and state labor laws, employers must have systems in place to accurately capture hours worked and payroll records showing that employees were appropriately compensated for those hours. MarathonHR can counsel you on the optimal classification for an employee. One client recently needed guidance on whether a marketing hire should be exempt or nonexempt since the position required working varied hours, including some weekends and evenings. We reminded them that salaried…
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Streamline Collecting Time and Attendance Data

By Legal
MarathonHR’s automated tools help clients manage their human resources processes, including collecting time and attendance data. Web-based time clocks allow employers to collect precise timecard entries, as well as view when and where the work starts and stops. Swipeclock is one such tool that we’ve been using with good success. The data collected by web-based time clocks can be accessed and viewed by employees, the employer and MarathonHR at any time. It’s especially helpful for…
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The Vaccine Mandate is Dead. Now What?

By Legal
After months of speculation and legal challenges, the federal vaccine mandate for employers who have 100 employees or more that went into effect on January 10, 2022 (the “OSHA mandate”), was blocked by the Supreme Court on January 13. The Court did, however, uphold the Centers for Medicaid and Medicare’s (CMS) vaccine mandate for employees of healthcare providers that accept Medicaid or Medicare. What happens next? Businesses covered by the OSHA mandate are no longer…
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Some Businesses May Want to Require Vaccines

By Legal
Although the federal vaccine mandate overseen by OSHA was struck down by the Supreme Court on January 13, a number of FORTUNE 500 businesses still plan to enforce vaccine requirements for their workforces, even though they’re no longer legally bound to do so. If you believe that vaccine requirements are appropriate for your business, it’s important to put a system in place to track your employees’ vaccination status, as well as record COVID test results…
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Workers’ Comp Policies Should Reflect Your Current Payroll Numbers

By Legal
Have you checked your workers’ compensation policy lately? It’s a good idea to compare your current payroll numbers against the number of employees you are covering under your policy. Rules regarding workers’ compensation insurance vary by state. In Georgia, for example, you are required by law to have workers’ comp insurance if your business has three or more employees. In any case, adequate workers’ comp coverage is a must no matter where you do business.…
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Build Back Better Act: What Businesses Need to Know Now

By Legal
On November 19, 2021, the U.S. House of Representatives passed the Build Back Better Act (BBBA), which would include the first federal enhancement of family and medical leave for private sector workers since the Family and Medical Leave Act (FMLA) took effect in 1993. The BBBA is far from official yet, as it faces an uncertain future in the U.S. Senate. However, there are provisions that employers should be concerned about if it passes, such…
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Build Back Better Act: Provisions That Will Impact Employees

By Legal
The U.S. House of Representatives passed the Build Back Better Act (BBBA) on November 19, 2021, a sweeping legislation that could significantly bolster employee protections and benefits. While the Act is far from being passed, some of its provisions are generating buzz for both employers and employees. Backers of the legislation hope that by addressing many workers’ pain points, more people can get back to work with fewer hurdles. Affordable Care Act (ACA) Amendments. The…
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Vaccine Mandate Looms for Employers

By Legal
Under the federal vaccine mandate announced by the Biden administration, many large employers will be required to have their workers vaccinated or subject to weekly COVID-19 testing. The current deadline for compliance is January 4, but the situation is a moving target. On Saturday, November 6, the U.S. Court of Appeals for the 5th Circuit halted the requirements pending their review. Republican attorneys general in at least 26 states have challenged President Biden’s vaccine and…
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