While the federal Fair Labor Standards Act (FLSA) requires for-profit employers to pay “employees” for their work, interns and students may not be employees under the FLSA. The U.S. Department of Labor (DOL) and many courts use the “primary beneficiary” test to determine whether an intern or student is, in fact, an employee under the…
The U.S. Department of Labor (DOL) has released guidance clarifying federal law on tip pooling. The guidance was issued in response to a federal law that amended the federal Fair Labor Standards Act’s (FLSA) tip pooling rules. The DOL guidance states that: Employers are prohibited from keeping tips received by their employees, regardless of whether…
The FBI warns that cyber criminals are posing as HR employees and using a phishing scam to get employees to provide the scammer with access to the company’s self-service payroll platform. When employees click on the link within the scammer’s email and provide the requested information, they unknowingly provide the scammer with their W-2 and…
Law Effective July 1, 2018 A new law in Virginia expands certain National Guard employment protections (i.e., leave, reemployment, and nondiscrimination) to any person who is a member of the National Guard of another state who is employed or seeking employment in Virginia. Expanded Protections The new law extends National Guard employment rights (concerning leaves…
Some employees always seem to have an excuse for failing to meet expectations. Luckily, there are strategies managers can use to turn repeat excuse-makers into productive team members, before giving up on them completely. Learn about these strategies in the video found here.
Maryland has passed a sick and safe leave law. Highlights of the law are presented below. Coverage An employer with 15 or more employees generally must provide an employee with paid earned sick and safe leave at the same wage rate as the employee normally earns. An employer with 14 or fewer employees must (at…
Despite decades of attention in the media and courts, new spotlights on systemic sexual harassment highlight a significant and costly problem in today’s business environment. According to the U.S. Equal Employment Opportunity Commission, since 2010, more than 7,000 sexual harassment charges have been filed with the agency each year. What is Sexual Harassment? Sexual harassment…
A federal judge struck down the Department of Labor’s (DOL) overtime rule, which would have raised the Fair Labor Standards Act minimum salary threshold from $23,660 to $47,476. Based on the court’s ruling, the DOL will need to present a more reasonable salary threshold if it wishes to pass any future overtime rules. This means…
Race, Ethnicity & Gender Reporting Requirement to Remain in Effect The U.S. Equal Employment Opportunity Commission (EEOC) has announced that the upcoming EEO-1 reporting form will not contain pay data collection information. Upcoming EEO-1 Report In July of 2016, the EEOC changed the EEO-1 reporting form requirements, so that private employers with 100 or more…
Provides Guidance on Completing and Retaining Form I-9 U.S. Citizenship and Immigration Services (USCIS) has released an updated M-274, Handbook for Employers, which provides guidance for complying with the requirements of Form I-9, Employment Eligibility Verification. Updated Handbook Among other things, the updated handbook provides information and answers on the following topics: Completing Form I-9;…
