Tag: FLSA

Pregnant Employees? What the FMLA Requires

The PDA applies regardless of how long an employee has worked for you. The Family and Medical Leave Act (FMLA), however, has stricter eligibility requirements but also offer more potential benefits. For example, the FMLA applies to new fathers as well as mothers. To be eligible for FMLA leave, an employee must have worked for […]

Contractors for Storm Clean-up Pose Misclassification Risks

Hurricane Sandy’s path of destruction has left many homeowners, municipalities and businesses in need of reconstruction and repairs — and when such weather-related disasters require massive reconstruction efforts, many landscapers and builders hire subcontractors to help. Increased joint employer liability, particularly in those industries that frequently use subcontractors, often goes hand-in-hand with worker misclassification. Employers […]

Pregnancy Discrimination—What to Expect When Your Employee Is Expecting

“All pregnant employees should stop work 30 days before their due dates.” “Pregnant women should stay out 6 weeks after the birth.” “I’m not hiring a pregnant applicant—she’ll just go on leave the day I get her trained.” “Pregnant women shouldn’t be working after the baby comes.” These ideas are out there, but they’re all […]

Weather, power outages stir up pay issues

The latest reports coming out of the northeast say that there are at least 7 million people without power because of Hurricane Sandy, and that number is expected to grow before it gets better. So when you close your business because of bad weather or power outages, are you required to pay employees? Here are […]

How Does Your HRIS Measure Up? Checklist

Here are recommended items to check to see if your HRIS is up to the mark. (It’s just as useful for those considering HRIS). Records Maintained Does your system maintain the following personnel records: Employee personal data? Marital status?  Number of dependents?  Spouses and dependents covered by other health plans?  Part-time/fulltime?  Leased employees?  Employees’ skills?  […]

Misclassification mistakes: Know risks and prevention strategies

It’s almost an understatement to call misclassification of employees as independent contractors a hot topic. It’s certainly the subject of a growing list of court cases, government agency investigations, and legislative initiatives. Various agencies at both the state and federal level have been in crackdown mode for a few years now, and it’s no wonder: […]

Holiday Bonuses Result in Good Cheer — But Can Cause FLSA Overtime Problems

As the holiday season approaches, employers and employees are beginning to anticipate holiday bonuses. Whether they come in the form of material gifts, cash awards or other benefits, employers should be careful in providing them, because sometimes bonuses must be included in the employee’s pay rate. Although “improper bonus” cases are not common, they still […]

The 3 Key Criteria for Choosing Your Payroll Auditor

Lambert, who offers payroll training as “The Payroll Advisor,”says that you can’t give payroll auditing over to just anyone who’s free.  There are three points that are critical for choosing the auditor.  1. Not the Person Who Does the Job First, says Lambert, you want someone other than the one who does the job to […]

California vs. federal travel pay

Travel pay poses a significant risk for wage and hour claims since the line between employer time and employee time can easily blur. With employees commuting to and from the workplace; to and from jobsites; and to and from hotels, airports, and conferences, the line between personal time and work time isn’t always clear. The […]

Internal Fraud—How to Audit for Common Crimes

Lambert, who offers payroll training as “The Payroll Advisor,” says that if you are doing an audit, might as well audit for fraud as you go. She’s found a lot of fraudulent behavior that way. Auditing for Fraud Payroll fraud is defined as “anything that uses payroll to take money from the company in a […]