Compliance

BEST PRACTICES FOR AVOIDING RETALIATION CLAIMS

Retaliation was the most filed claim with the Equal Employment Opportunity Commission (EEOC) in fiscal year 2017—nearly half of all charges included a claim of retaliation. How do employers avoid being part of that statistic? What is Retaliation? Retaliation exists where there is a protected activity by an employee, an adverse employment action by the […]

WHAT’S HOT IN HR

By Amy Matthews, SPHR Compliance. For a myriad of reasons, this is a word that gets mixed reactions from employers. Some find it annoying – a necessary evil.  Forced to comply with all the rules and regulations because “The Man” says they must. Others are leading the charge. Current and accurate Labor and Safety postings?  […]

NEW BACKGROUND CHECK REQUIREMENTS

New Requirements for Employers Who Use Third-Party Background Check Companies Beginning September 21, employers who use a third-party background check company to conduct background checks must use the updated Summary of Your Rights Under the Fair Credit Reporting Act. Background checks, provided by a background check company, that investigate a job applicant’s or employee’s credit, […]

SALARIED EXEMPT EMPLOYEES — BUT ARE THEY?

By some estimates up to 70% of employers are in violation of some provision of the Fair Labor Standards Act (FLSA). Misclassifying of employees as exempt is one of the most common violations and can be the most costly. Why is misclassification so common? Because the rules surrounding who is exempt are some of the most […]

HEARD IT ON THE HOTLINE

By: Rob Parker Have you ever experienced a manager who has gone rogue and potentially set the company up for liability?  If so, this situation might sound familiar to you. An employee was called into her manager’s office.  The manager informed her that he had heard a rumor that she was taking medication and believed […]

NLRB RELAXES SCRUTINY ON HANDBOOK RULES

On June 6, 2018, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum outlining the NLRB’s enforcement position on employee handbook rules following the decision in The Boeing Co., 365 NLRB No. 154 (Dec. 14, 2017). The memo makes it clear that employers can expect less scrutiny and more freedom in […]

EXPIRED FORMS – STILL REQUIRED TO COMPLY

The Department of Labor-provided forms for Family and Medical Leave Act (FMLA) use are expiring today. Does that mean you no longer have to provide them to employees? Does it mean they are no longer valid? The answer to both questions is no. So what do you do? Department of Labor forms are typically only […]

IMMIGRATION AUDITS ON THE RISE

According to U.S. Immigration and Customs Enforcement (ICE), there were 2,282 employer audits opened between October 1, 2017 and May 4, 2018. That is 326 new employer audits opened each month. This is a 60 percent increase from the total number of employer audits opened in the prior 12 months. With an nationwide wave of […]

COMING IN 2019: UPDATE TO FEDERAL OVERTIME RULE

As you may recall, an Obama era change to the federal overtime rule would have doubled the salary threshold for exempt employees from $23,660 to $47,476. This would mean that, under the Fair Labor Standards Act (FLSA), an employee making less than $913 per week would be entitled to overtime for any hours worked beyond […]

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