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policies and procedures

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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The Challenge of Employee Obesity: Recent Court Rulings Raise the Bar; Medical Journal Says Home Healthcare Workers Are at Significant Risk

By Safety
Click to view larger image. A March 2018 court decision, Shell v. Burlington Northern Santa Fe Railway Company, has set a possible precedent for employers to be held liable in actions where they inadvertently classify an obese individual as disabled by making health assumptions based on weight. Per the Equal Employment Opportunity Commission (EEOC) obesity is not a protected status under the Americans with Disabilities Act (ADA) unless the obesity both is outside of a…
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US Dept. of Labor Issues New Guidance on Interns, Increasing Employer Flexibility

By HR, Legal, Recruiting
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…
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Sexual Harassment Training: More Important than Ever

By HR, Legal
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…
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Dealing with a Drug-Addicted Employee: Dismissal or Treatment?

By Safety
With drug addiction rates continuing to rise—especially for prescription drugs—employers are increasingly dealing with substance-abusing employees. Statistics* indicate approximately 70 percent of drug abusers are employed—some 10 million people. Traditionally, many companies have dismissed personnel who exhibited signs of substance abuse, especially if it happened on the job. Now, the problem has become so rampant—even among trusted personnel at the highest level—that many employers are asking themselves, “Should I dismiss people with substance abuse problems,…
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Top 10 OSHA Violations for 2017—Is Your Firm Safe from Them?

By Legal
At the National Safety Council's September, 2017 Congress and Expo in Indianapolis, the Occupational Safety and Health Administration (OSHA) announced the top 10 cited violations for 2017.  As you might expect, the number one violation—fall protection—reflects the top cause of workplace injuries—falls. The next three—hazard protection, scaffolding protection and respiratory protection—also related to likely causes of workplace injuries. This list is a reminder to employers that workplace safety is a top priority, and that safety…
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Employee Benefits—Managing Them for Everyone

By Benefits
Employee benefits have become increasingly complicated for business owners as they struggle to address them for very different generations of workers. Baby boomers may want time off for elder care, while millennials may want extra paid vacation or flex time. Compounding the issue, workers have become increasingly willing to turn down a job offer—or even leave one company for another—to acquire the benefits package they desire. Organizations can address these concerns without negatively affecting the…
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Reasonable Accommodation—Maintain A Paper Trail, and Don’t Assume Anything

By Safety
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,…
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Make Technology Work for You

By HR
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…
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