The U.S. Department of Labor has released a final ruling on what constitutes a joint employer relationship when it comes to liability for wage and hour matters. In a wage and hour investigation, a four-factor balancing test will be used by courts to determine whether two entities are considered joint employers. The four-factor test will assess whether the company: Continue reading
Veteran’s Day, a day to commemorate and honor those who have served in our nation’s military in the past and present, is November 11. It dates back to 1918 when the fighting ceased on the eleventh hour of the eleventh day of the eleventh month during World War I. For this reason, November 11, 1918 is largely considered the end of the war “to end all wars.” It was in November 1919 that President Wilson declared November 11 as the first Armistice Day. In a speech he stated, “To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations…” It was generally celebrated with parades and cessation in business beginning at 11:00 am.
However, much has changed since November 1919. Through the hustle and bustle of modern-day business, it has caused much confusion about how employers should observe Veteran’s Day and what legal obligations they have. In Iowa, Massachusetts, New Hampshire, and Oregon employers may be required to provide veterans a day off if they are normally scheduled. Continue reading
By the end of 2017 the IRS plans to send notification to applicable large employers (ALE) of potential liability for failure to comply with the “pay or play” mandate of the Affordable Care Act (ACA). These notifications (Letter 226J) will be sent to ALE employers that the IRS determines had one or more employee, in at least one month in 2015, that received a subsidy toward health care premiums purchased through the marketplace because the employer failed to provide health coverage that is compliant with the ACA requirements (affordable and providing minimum essential coverage). The IRS will make this determination based on information provided by employers on Forms 1094-C and 1095-C (required ACA reporting forms) as well as information provided to the IRS on individuals’ tax returns. Continue reading
Now that flu season is upon us many employers question whether they can require their employees to have a flu shot. As a simple answer, yes, generally employers can require their employees to have a flu shot unless the employee has a religious objection or cannot receive the vaccine due to a disability. There are a number of factors an employer may want to take into consideration before requiring the flu shot for all employees. Continue reading
Workers’ Compensation insurance is required for most employers in most states (all but Texas). While it’s a necessary cost of having employees, it’s one cost that can be controlled.
Many employers pay high premiums for workers’ compensation because they have too many claims open for long periods of time or because the company is not effectively controlling their workers’ compensation process.
There are several ways an employer can work to control these workers’ compensation costs including creating and enforcing a safety program, properly managing any injuries that do occur on the job, and implementing a “Return to Work” program to get employees back to work as soon as possible following an injury. Continue reading
Effective July 1, 2017 employers with one or more employee working in Chicago will be required to provide their “covered” employees with paid sick leave.
The new ordinance applies to all businesses with one or more “covered” employee in Chicago who have a business facility within the city or who are subject to any of Chicago’s license requirements.
Employees are covered by the ordinance if they work at least two hours in Chicago in any two-week period. Both part time and full time employees are covered as long as they work at least 80 hours in any 120-day period.
Can Employees Be Paid Salary to Avoid Paying Overtime?
This is a common question employers have – and not understanding the rules regarding exempt and non-exempt status, established by the federal Fair Labor Standards Act (FLSA), can land employers in hot water if employees are misclassified.
With the impending changes to the minimum salary threshold for exempt employees (Read more about that here!), this is a great opportunity for employers to review all current exempt and salary employees to make sure they are properly classified.