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…
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…
In January, the U.S. Department of Labor (DoL) rolled out new guidelines that make it easier for companies to use unpaid interns, but some labor experts are warning the guidance is not a panacea. The update, published in a DoL guidance document on its website, sets a more flexible standard for employers than previous guidance. Now, interns must be the “primary beneficiaries” of the program—in other words, the programs must benefit the intern more than the…
The Tax Cuts and Jobs Act has taken effect and you and your employees may have noticed a change in take-home pay. This happened because the marginal tax rate dropped for the average individual, but that doesn’t mean they can keep the extra money. If most of your employees received an increase in their pay, it might be prudent to caution them not to celebrate, just yet. An increase in take-home pay will not necessarily…
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…
With famous individuals falling like dominoes as allegations of sexual misconduct or harassment continue, business owners should be evaluating their corporate stance on sexual harassment. One problem that confronts business owners is defining exactly what does, and doesn’t, constitute sexual harassment. Fortunately, the Equal Employment Opportunity Commission (EEOC) has published guidance on this issue, and offers an innovative training program, “Respectful Workplaces,” which teaches skills for employees and supervisors to promote and contribute to respect in…
One of the most complex issues for employers is the definition of reasonable accommodation. Per the U.S. Office of Personnel Management, reasonable accommodation is “any change to a job, the work environment, or the way things are usually done that allows an individual with a disability to apply for a job, perform job functions, or enjoy equal access to benefits available to other individuals in the workplace.” Evaluating disabled job candidates equitably is difficult enough,…
In our last article, we offered strategies for managing personal technology use at work. Employee use (or abuse) of technology in the workplace, while detrimental, is not the only concern for business leaders. Firms must also help workers better manage their time using technology for valid business purposes, both inside and outside the office. Here’s a bit more practical advice. Help Workers Help Themselves: Many office workers report that the volume of business email and…
Even with record numbers of employers winning Family Medical Leave Act lawsuits, family-leave related issues remain complex and treacherous for most firms to navigate. The fact that Georgia has no state equivalent of the federal FMLA, and that firms of fewer than 50 are not subject to its requirements, doesn’t make compliance any easier. From pregnancies to off-the-job injuries, situations that temporarily remove a worker from his place of employment must be treated with care….
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MarathonHR Helps Thomas Eye Center Focus on Patient Care and Service