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best practices

Diversity and Inclusion in the Workplace: Are You Leading the Way?

By HR
It’s been 55 years since the passage of the Civil Rights Act of 1964 and 13 years since the #MeToo movement started. Companies from Sephora to Starbucks are making assertive efforts to expand their support for “workplace diversity” — not only through training, policies and procedures but also by ingraining it into corporate cultures. Increasingly, companies are embracing the concept that everyone has the potential to contribute regardless of race, ethnicity, gender, sexual orientation, socioeconomic…
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Five HOT Tips for Summertime Productivity

By HR
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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ADA Alert: Wal-Mart Decision to Jettison Greeter Jobs for More Demanding Positions May Have Broad Repercussions

By Legal
In March of this year, Wal-Mart made headlines when it announced more reductions in its "Greeter" position as part of an ongoing phase-out of Greeters in favor of "Customer Hosts," whose positions are more physically demanding. Walmart told Greeters across the country that their positions would be eliminated. They were invited to reapply as Customer Hosts, a role that requires employees to be able to lift 25-pound packages, climb ladders and stand for long periods of…
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Department of Labor Overtime Laws Are in Flux – And It May Get Much Worse!

By HR, Legal
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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Working with Sick Employees—What Are Your Rights—and Theirs?

By Safety
With flu season peaking this month, you may be wondering what rights you have to control the workplace and its culture when employees might be sick. Do you encourage employees to go home when they are coughing and sneezing—even if they don’t want to? Do you intervene if your employees “sick shame” their peers, or do you consider it acceptable? Historically, employers have often worried more about employees taking off when they were not sick…
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Reporting of Company-Paid Health Insurance—and an S-Corp Reminder

By Legal
As the year draws to a close, company personnel charged with record-keeping should collect their corporate health insurance information in preparation for W-2 and other tax form reporting. For S-Corporations (S-Corps), this information should be segregated by payments made to employees, and their spouses and dependents (which are not wages and are therefore not subject to withholding), and payments made on behalf of officers, owners or employees who own more than two percent of the…
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Complying with Payroll Recordkeeping Requirements

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

By HR, Legal
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 Benefits, Payroll, 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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