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employee handbooks

Nov 20 2018
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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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Nov 06 2018
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Compliance Tips for 2019

By Legal
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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Oct 23 2018
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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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Mar 22 2018
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Contractor or Employee—Has a “Business Friendly” Administration Relaxed the Rules?

By HR, Legal, Recruiting
Last year, President Trump withdrew two Obama-era Department of Labor (DOL) “Guidance Letters,” one of which had made it more difficult for companies to safely classify workers as independent contractors. Some national organizations hailed withdrawal of the guidance as “pro-employer,” but Marathon recommended companies continue to be very cautious with their determinations. Now, we are reiterating that stance. With the withdrawal of the guidance letter, a 2015 “multi-factor test” was no longer relevant. However, the…
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Feb 20 2018
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SHRM Weighs in on Employee Handbook Issues

By Benefits, Legal
Two prominent human resources lawyers, the senior legal editor for the Society for Human Resource Management (SHRM) and a legal expert for HR information website ExpertHR, have jointly published an opinion asserting that “cookie-cutter” employee handbooks are no longer practical for many employers, especially those operating in multiple states. As the basis for their recommendation, they cite the trend toward federal deregulation and the volume of both state and local legislative actions. As detailed in the…
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