Tag: FLSA

EEOC, IRS, and Courts’ Take on (Your) Misclassifications

yesterday’s Advisor, attorneys Veronica Gray & E. George Joseph warned of the coming crackdown on misclassification of independent contractors. Today, factors considered by EEOC, IRS, and the Courts, plus, an introduction to a comprehensive audit system that helps avoid expensive lawsuits. Misclassification is high on DOL and IRS agendas, so it’s a good place to […]

DOL Says Plan Prevent Protect, Attorneys Say Audit Audit Audit

DOL is heading your way with $25 Million for increased enforcement and they expect to generate—from your company and others—$7 Billion of additional revenue over the next 10 years. To avoid getting ensnared in this web of increased enforcement, the solution is simple say attorneys Veronica Gray & E. George Joseph—audit, audit, audit. Gray and […]

DOL Announces ‘Bridge to Justice’ Attorney Referral System

It may soon be easier for employees to find private legal representation after the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) declines to pursue their Fair Labor Standards Act (FLSA) or Family and Medical Leave Act (FMLA) claims. This is thanks to a new collaboration between the WHD and the American Bar […]

A Defense Lawyer’s Pipe Dream – and the Dreaded Audit

In yesterday’s Advisor, attorney Brian LeMoine helped with preventing time thievery; today, his take on defending against lawsuits, and an introduction to a special 10-minute-at-a-time training system that will help prevent those lawsuits. Defense lawyers are suggesting they should be able to use the Faragher/Ellerth defense in FLSA cases, LeMoine says. Faragher/Ellerth is typically applied […]

Challenge: Prevent Off-the-Clock Work and Time Thievery

HR’s challenge: making sure employees are not working off the clock (working too much) while at the same time, making sure that they work when they are getting paid (working too little). And to make it a little tougher, there’s a new sheriff in town, says attorney Bryan D. LeMoine. And here’s her message: “I […]

Tough Conversations: ‘I can’t live on what you’re paying me’

In yesterday’s Advisor, we covered the basics of dealing with tough compensation questions. Today, more tough questions, and an introduction to a unique 10-minute training system. Today’s tips are again from a recent BLR webinar featuring Teresa Murphy and David Wudyka. Murphy is the principal consultant for HR Partner Advantage, an HR advisory firm based […]

Where’s My Raise?—How to Handle Tough Pay Conversations

We’ve gone through two tough years for compensation, and 2011 isn’t shaping up to be much better. And that means another year of tough questions from employees. Teresa Murphy and David Wudyka have some ideas about how to make those conversations go a little better. Murphy is the principal consultant for HR Partner Advantage, an […]

Individual Liability for Wage and Hour Claims

by Kara E. Shea I recently participated in hosting a Wage and Hour Virtual Summit webinar. Wage and hour compliance — overtime, work-time issues, exempt status — is always a lively topic and typically results in lots of questions and feedback. This time around, most of the feedback surrounded remarks I made about individual liability […]

Trying to Go Paperless? Guidelines for Electronic Personnel Documents

by Joseph C. Pettygrove Employers are increasingly looking at the feasibility of scanning hard copies of various types of employment documents and retaining only the electronic copies in the routine course of business. Generally speaking, you are allowed to do that if you ensure that your electronic record maintenance systems are secure, accurate, reliable, and […]