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policies and procedures

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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Reducing Work-Related Motor Vehicle Incidents

By Safety
Motor vehicle crashes are a leading cause of death and injury for people everywhere, and the workplace is no exception. According to the U.S. Occupational Health & Safety Administration (OSHA) Guidelines for Employers to Reduce Motor Vehicle Crashes: Every 12 minutes someone dies in a motor vehicle crash Every 10 seconds an injury occurs Every 5 seconds a crash occurs Many of these incidents occur during the workday or during the commute to and from work.…
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Family Medical Leave Act Forms Extended through 2021 – Are They Ready to Use?

By Benefits, Legal
The U.S. Department of Labor (DOL) has announced that its Family and Medical Leave Act (FMLA) certification forms and notices are valid for three more years, until Aug. 31, 2021. (The DOL must submit its FMLA forms to the Office of Management and Budget for approval every three years to ensure the FMLA certification and notice process isn't too bureaucratic.) In late August 2018, seven forms were certified. The DOL didn't make any substantive changes to the forms,…
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Workplace “Body Art” − An Update

By HR, Legal
Author's note: In August, 2017, we published an article about the growing incidence of body art (tattoos and piercings) in the workplace. At the time, we talked about what the trend meant for employers, and what their rights were, when it came to restricting visible body art. A year later, we wanted to revisit the topic. In 2015, the ABA called "Grooming, religion and body art the new frontier in workplace discrimination." Depending on the industry,…
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Don’t Run Afoul of the Fair Credit Reporting Act!

By Legal, Recruiting, 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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Stop Technology from Disrupting Your Workplace

By HR
For the past several decades, experts have talked about the “disruptive” nature of technology to change, for the better, the way companies run their operations. However, with the use of digital technologies becoming as common in offices as desktop computers, these disruptions aren’t always positive. To prevent technology from becoming a detriment to the work environment, shrewd business leaders can enact policies and procedures to manage the flow of information through their company. Personal Technology…
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The Heat Is On – Are You and Your Workers Prepared?

By Safety
  With weather forecasters and the media trumpeting the news that the Southeast may see cooler-than-normal temperatures this summer, it may be tempting to assume that equates to a safer outdoor environment for workers. In reality, the forecast was for “near or slightly below average” temperatures, which won’t make a huge difference. Furthermore, the air is forecast to be muggy, which makes it harder for the body’s internal cooling mechanism (sweat) to do its job.…
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Summer Reading – What’s On Your List?

By HR
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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Social Media Is Putting People and Companies at Risk. Is Your Position Clear?

By HR
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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