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DOL commonly finds recordkeeping violations when it investigates an employer’s wage and hour practices. The most frequent violations of the FLSA’s recordkeeping rules fall into two categories: (1) creating and maintaining the proper records; and (2) preserving those records. Creating and Maintaining the Proper Records The FLSA does not require that records be kept in […]
Summer’s here, and coincidentally, it’s a hot time for legal and regulatory developments affecting human resources and benefits professionals! Many companies trying to make ends meet also should expect new laws and regulations in these five areas. The perils of not heeding leave and disability law. Employers struggle with determining what a “reasonable accommodation” is under […]
It’s time to review those job descriptions again! And as always, the focus is on the essential functions decision. We’ve collected five myths of essential functions to help you with this updating task. So before you start, take a look at our five myths—and then, dive in. The Five Myths of Essential Functions We’ve identified […]
Dorf, who is managing director of Compensation Resources, Inc. in Upper Saddle River, NJ., recommends following the SMART approach in developing goals: Specificity Measurement Attainability Results-oriented Timing Remember, says Dorf, sometimes the pay-for-performance goal is a milestone, not the full completion of a project. For example, he says, he worked with a client that was […]
When it comes to meeting your Fair Labor Standards Act (FLSA) and overtime obligations, how confident are you that you’re calculating overtime correctly? In a BLR webinar titled “Calculating Overtime: HR’s How-To Guide for FLSA Compliance,” Kara E. Shea outlined some tips on how to understand the correct overtime calculations and meet your FLSA and […]
Employees can qualify for multiple exemptions under the Fair Labor Standards Act, so employers should remember that if they document an employee’s specific exemption, they should note any and all applicable exemptions, so that they are able to argue multiple exemptions in any FLSA litigation. This principle is illustrated in Schaefer La-Rose v. Eli Lilly […]
Yesterday’s Advisor focused on Jacuzzi’s rules for electronic recordkeeping. Today, we’ll get more of his tips and an introduction to BLR’s popular “find-it-before-the-feds-do” FLSA audit program. Jacuzzi is a shareholder in the South San Francisco law firm Simpson, Garrity, Innes & Jacuzzi, P.C. His comments came at a recent audio conference sponsored by BLR®. What […]
Employers that offer mass transit benefits have an opportunity to put in their two cents’ worth on whether the IRS should issue clarifying guidance on the use of smartcards in conjunction with qualified transportation fringe benefits. The IRS said in Notice 2012-38, which it issued May 26, “The Treasury Department and the Internal Revenue Service have become […]
E-mail Spreadsheets Website E-documents Presentations Voice mail Payroll And just look at what else is potentially keeping an electronic record: Telephone extension detail Computer/network system log-on, log-off times Scantron® security system details Outlook calendars, notes, to-do lists Private files/journals Papers E-mail Microsoft® Word WordPerfect® Excel® PowerPoint® .pdf files Voice Mail Video clips Photographs .wav […]
A relatively new form of insurance, employment practices liability insurance (EPLI) became popular in the 1990s after the 1991 Civil Rights Act amendments increased the frequency of discrimination claims in the workplace. EPLI typically covers defense costs, judgments and settlements of employment issues ranging from sexual harassment to wrongful termination. While many employers do not […]