Category

Policies and Procedures

Five HOT Tips for Summertime Productivity

By Best Practices, Policies and Procedures

It’s not easy staying productive in the summer, between vacations, holidays and the heat. However, if we shift our attitudes just a bit and seek uncomplicated ways to be productive, it becomes a bit more manageable.  Following are a few tips – some are mine; some are borrowed from Chris Bailey, author of several productivity books and the host of a helpful website, A Life of Productivity. Rule of Three – Bailey talks about starting…

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Summer Interns – What Compensation Does the Law Mandate?

By Affordable Care Act, Best Practices, Employment Law, Hiring, Interns, Payroll, Policies and Procedures

If you are hiring – or have hired – summer interns, are you up to date on how you need to compensate them, if at all? Traditionally, most interns worked over the summer for the experience and to build their resumes. However, unpaid internships have come under more scrutiny in recent years, not only regarding wages but also for potential benefit eligibility under the Affordable Care Act. Historical guidance, as reflected in the Department of…

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Department of Labor Overtime Laws Are in Flux – And It May Get Much Worse!

By Best Practices, Employment Law, Employment News, Policies and Procedures

Recently, a former Department of Labor (DOL) Wage and Hour Division (WHD) Administrator expressed concern for the new overtime rule that is working its way through the system. As we previously reported, in 2017 the Obama-era overtime rules were struck down by a court as invalid, leaving the Trump administration to make a determination about updating the rule. Former WHD Administrator Tammy McCutchen recently noted that the DOL’s planned timeline for finalizing the rule is…

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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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