What Is The Best Way To Hire Human Resources Management

November 29, 2010 by wgarnett  
Filed under Wes' Blog

Whether your business is big or little, sometimes an outside perspective from a human resource (HR) management consultant is a great idea. If you hire a large firm or a small consultant, you should have the advantage of professionals who can assess your current HR processes for compliance. HR management consultants could also help navigate through sensitive labor issues & the possible minefield of hiring, paying & benefits.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Wage and Hour Compliance – What Are YOU Doing About It?

November 29, 2010 by wgarnett  
Filed under Wes' Blog

70% of employers are routinely violating wage and hour laws, according to estimates by the Department of Labor. Hyperbole? Maybe. But maybe not, when you consider that the Wage and Hour Division’s recovery of back wages for Fiscal Years 2001 through 2008 was a staggering $1.4 billion.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Exemptions – Are There Overtime Exceptions?

November 21, 2010 by wgarnett  
Filed under Wes' Blog

The Fair Labor Standards Act (”FLSA”) requires that an employer pay employees overtime — at least one and a half times the employee’s base pay — for all hours worked in excess of forty (40) hours in one workweek. However, certain employees are “exempt” from the FLSA’s overtime mandate if the employee meets certain federally-mandated requirements. For an employee to be considered exempt, there are three tests that the employee must meet.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

A Big Danger To Employers – FLSA

November 21, 2010 by wgarnett  
Filed under Wes' Blog

The longer the problem is ignored, the worse it gets. Here’s why: Take several minutes of unpaid work a day, multiply it by a population of hundreds of workers, let damages accumulate over several years, and double the wage loss. And that’s just the beginning. Don’t forget plaintiffs’ costs, and the company’s time spent defending claims. See how easily a simple, seemingly innocent wage and hour violation can ignite a litigation explosion?

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Form I-9 Compliance – Damned if You Do, Damned if You Don’t

November 19, 2010 by admin  
Filed under News

US Department of JusticeIn this world of over-achievers it’s easy to get caught up in the philosophy of “just to be sure”. Unfortunately, when it comes to Form I-9 documentation, going above and beyond can end up costing you! Just ask Hoover, a leading manufacturer of vacuum and carpet cleaners.

On November 10, 2010 the U.S. Justice Department announced it reached a settlement agreement with Hoover Inc. to resolve allegations that Hoover engaged in a pattern or practice of employment discrimination by imposing unnecessary and discriminatory hurdles in the I-9 process upon lawful permanent residents.

So what did they do? Hoover required all lawful permanent residents who presented a green card for I-9 documentation  purposes to produce a new green card when theirs expired. Sounds like a fairly reasonable request – right.  WRONG!

“All permanent residents in the United States have the right to continued employment without the burden of presenting new documentation when their green cards expire,” said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division.

Since it is not a requirement for U.S. citizens to present new documents when an old one expires, a passport for example, neither can lawful permanent residents be required to provide updated documents. Who knew?

This is just one example of how Form I-9 compliance is a potential land mine…one misstep and it can blow up in your face.  Form I-9 compliance is an extremely complex and complicated matter with implications not only from an immigration standpoint, but also from a discrimination perspective.

Consult a Form I-9 expert or you too may find yourself vacuuming up a big mess! Form I-9 mess

To Avert Disaster Know The 8 Secrets For Immigration

November 14, 2010 by wgarnett  
Filed under Wes' Blog

Develop a written and follow simple rules of immigration immigration policy, including the basics of Form I-9 preparation, storage and I-9 retention policies and a summary of both state and federal. How to investigate how the applications submitted by unauthorized or fraudulent use of working documents during the process I-9.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Changing Workplace Habits Can Eliminate FLSA Risks

November 14, 2010 by wgarnett  
Filed under Wes' Blog

Old habits are hard to change and new ones are hard to establish. But that’s just what is needed if employers want to put the major risk of Fair Labor Standards Act (FLSA)  liability behind them for the long term.

In many organizations, it’s common for employees to work through lunch, attend midday meetings where a meal is provided, or take training courses on their own time.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Meal Breaks Under New Wage and Hour Case

November 7, 2010 by wgarnett  
Filed under Wes' Blog

State law requires that employers provide employees with breaks but does not mandate that employers monitor employees’ activities to ensure that breaks are taken. The Trial court did not abuse discretion by denying class certification in action by employee alleging violation of the law governing breaks where discovery demonstrated that practices of employer, a restaurant chain, varied widely from location to location–and possibly from one supervisor to another–with some employees saying they got all of their breaks, some that they were denied breaks, some that they did not take breaks, and some that they received only some of the breaks provided for by law, making it reasonable to conclude that individual issues would predominate over class-wide ones.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Protect You and Your Employees From Overtime Violations

November 7, 2010 by wgarnett  
Filed under Wes' Blog

Under the Fair Labor Standards Act (FLSA), administered by the U.S. Department of Labor’s Wage and Hour Division, hourly employees must be paid overtime at time-and-a-half for working more than 40 hours in a workweek. Overtime pay may not be waived by any agreement between you and your workers.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910