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compliance

Don’t Let the Fair Credit Reporting Act Catch You Unprepared!

By Best Practices, Employment Law, Hiring, Risk Management & Safety

Periodically, we issue article updates on the Fair Credit Reporting Act (FCRA), the legislation enacted to promote accuracy, fairness and privacy for consumer information stored and used by consumer reporting agencies. Hiring organizations need to be aware of FCRA regulations, because in some instances they can be held liable if their reporting agency violates them. Right now, we are monitoring several issues that may affect business owners’ rights. Two that could have significant impact follow….

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

By ADA, Best Practices, Employment Law, Harassment and Discrimination, Worker Disability

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 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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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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Don’t Run Afoul of the Fair Credit Reporting Act!

By Best Practices, Employment Law, Hiring, Risk Management & Safety

Author’s Note: We originally published this article in 2014, and it still holds true today. In fact, with “Ban the Box” and “Fair Chance” laws, which are designed to level the playing field for people with criminal histories, and with new restrictions on the handling of personal information, navigating the maze of background check rules has become even more difficult. Add to this new “salary ban” laws—which prohibit employers from asking about prior salaries—and compliant…

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Summer Reading – What’s On Your List?

By Best Practices, Employment Law, Employment News, Harassment and Discrimination, Hiring, Technology in the Workplace

As we head toward the true start of summer, many of us look forward to reading a good book while on vacation at the beach or in the mountains. While summer may be a great opportunity for R&R, we thought our clients might also like to stay abreast of some issues that affect them as an employer. Enjoy! Supreme Court Decision Supports Employer Rights in Dispute Arbitration: In late May, the Supreme Court found that…

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