Category

Policies and Procedures

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

By | Policies and Procedures, Risk Management & Safety, Technology in the Workplace

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 | Best Practices, Employment Law, Payroll, Policies and Procedures

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 | Harassment and Discrimination, Policies and Procedures, Risk Management & Safety

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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Complying with Payroll Recordkeeping Requirements

By | Best Practices, Payroll, Policies and Procedures, Recordkeeping

In the past, we have written about a variety of requirements and forms, from OSHA form to payroll and other accounting documentation. Today, we’ll cover some general guidance related to payroll recordkeeping. This task isn’t easy—although the requirements of the Fair Labor Standards Act (FLSA) are straightforward, other state and federal laws can be complicated and confusing. Additionally, most of them change from time to time. As with so many workplace laws, one principle overrides…

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Year-End “Punch List” Items – Are You on Track?

By | Benefits & Insurance, Best Practices, Employment Law, Payroll, Policies and Procedures, Record-keeping

The end of any year is always challenging, between juggling personnel holiday vacation schedules, preparing year-end paperwork, and making adjustments for the upcoming year. From Affordable Care Act compliance and reporting to adjusting compensation strategies, there is no shortage of things to do. In case you are overloaded or running behind this year, here’s a handy list of items to review and determine if you have outstanding work for any of them. To simplify things,…

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Compliance Tips for 2019

By | Best Practices, Employment Law, OSHA Regulations, Policies and Procedures

As we head toward the new year, following are some considerations for compliance in various areas. Staying on top of these will help keep your firm out of trouble while minimizing expenses and payroll. Payroll compliance is often more about correct interpretation of the law than math. If you are having trouble discerning between employees and independent contractors, look to the IRS guidelines for direction. Some—but not all—employee discounts qualify as income. Learn the difference. Even…

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Are Placement “Registries” Employers ? A Recent Agency Bulletin Suggests Not, but Caveats Remain

By | Best Practices, Employment Law, Policies and Procedures

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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Human Resources Issues for Restaurants: Why You Can’t Ignore Them

By | Best Practices, Payroll, Policies and Procedures, Risk Management & Safety

It’s always amazed us at MarathonHR how many restaurants—even fairly large ones—don’t have a Human Resources (HR) department, or even an HR professional on staff who handles payroll, workers’ comp claims, and other issues that restaurants face. They also may not outsource any of their HR functions to another firm. In the most bare-bones situations, the owner does it all. We have worked with a lot of restaurants and have seen, firsthand, that not having…

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Flu Season Is Around the Corner. Are You Prepared?

By | Best Practices, OSHA Regulations, Policies and Procedures, Risk Management & Safety, Sick Leave

Although flu season doesn’t really get started until late October, especially in the South, now is a great time to get your office and your workers ready to battle it. Last year’s flu season was especially dangerous—and deadly. Flu sent more than over 700,000 people to the hospital, and 180 children died. The 2017-2018 season was driven by a flu strain, the H3N2 virus, which tends to result in more hospitalizations and cause more deaths….

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Why Don’t We Labor on Labor Day?

By | News, Policies and Procedures, Uncategorized

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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