Unpaid wages and overtime lawsuits continue to increase as more employees file claims against their employers for not abiding by the wage and hour provisions of the Fair Labor Standards Act (FLSA). According to ADP Research Institute, 90% of employment related lawsuits involve disputes centered on wage and hour related issues. The facts show that […]
The Tax Implications of Giving Staff Holiday Gifts
The holiday season is traditionally a time when many employers hand out cash bonuses, awards and non-monetary gifts to employees. If you are planning on gifting employees this year, make sure you are aware of all the tax implications when doing so. The Internal Revenue Service treats most cash gifts and awards as additional W-2 […]
3 Ways To Avoid Workers’ Comp Overcharges
For most businesses, workers’ compensation is an unavoidable expense. While workers’ comp laws vary from state to state, just about every state except Texas requires most businesses to provide workers’ compensation coverage for its employees. While the intent behind workers’ compensation is well-meaning — to ensure employees who get injured or sick on the job […]
Proof Of Receipt Vital When Mailing FMLA Notices, Appeals Court Rules
Sending a legally mandated notice via ordinary U.S. mail is not sufficient proof that the intended recipient of the notice actually received it, the U.S. Court of Appeals for the Third Circuit recently ruled in a case with potentially far reaching implications for employers. The Case The case involves an instructor at one of the […]
Mitigating Exposure To Employee Harassment Claims
New statistics released by the Equal Employment Opportunity Commission (EEOC) present a somewhat mixed outlook for employers on the harassment front. On the positive side, the total number of harassment charges filed against employers remained relatively steady over the last three years while the number of determinations against companies actually fell during the same period. […]
Are You Properly Hoarding Employee Records?
Many human resource departments could lay claim to an episode of the television series “Hoarders,” which chronicles the tribulations of people who suffer from compulsive hoarding. But the tendency to hang on to employment-related documents is completely understandable given the myriad of laws and regulations governing the maintenance and destruction of these records. On top […]
California Employers: Learn From These Recent Court Decisions
California employers would do well to pay attention to a flurry of Supreme Court decisions dealing with employment law over the past year. The decisions touch upon a broad range of issues and effect privately held companies, publicly traded organizations and government agencies. One of the most significant decisions involves the anti-retaliation protections provided to […]
The $60K Comment – A Lesson for Employers
Employers take note: Inappropriate comments can cost you. The Case A former New York volunteer firefighter recently won a $60K sexual harassment settlement against the Elmore Fire Department in Long Island New York. The fire department was also fined $25K. Beatriz Lozada, a young single mom alleges that she was repeatedly harassed because she had […]
Should You Make an Exception To Your Drug Free Workplace Policy For Pot Users?
There are companies that are considering doing just that. The FBI and the National Football League Commission have taken steps to slacken their employment policies regarding marijuana use. In the case of the FBI, the organization is considering slightly revising their policy which currently rules out any candidates who have smoked pot in the last […]
Keeping Kosher Under Religious Accommodation Laws
Most employers know that they cannot discriminate against employees and applicants based on their religion. But employers also have a duty to “reasonably accommodate” an employee’s or applicant’s “sincerely held” religious beliefs (or lack thereof). Religious accommodation claims are increasingly targeting company dress code and appearance policies.While employers have the right to enforce policies relating […]
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