Employers Misclassification of Independent Contractors
Is that independent contractor truly an independent contractor in the eyes of DOL? To be or not to be independent contractors — that is an enormous question for employers these days. The U.S. Department of Labor has made the misclassification of workers as independent contractors, rather than employees, a key enforcement priority. In its recently released five-year Final Strategic Plan, the DOL states that it will focus resources, enforcement efforts and regulatory activity towards detecting and deterring employers who misclassify “employees” covered by the Fair Labor Standards Act (FLSA) as independent contractors. Independent contractor misclassification is an area employers better become familiar for their own protection.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Decatur Mexican Restaurants Liable For Back Wages and Damages
Are you aware of what you are paying your employees and when? A federal judge in Urbana has ordered Dolores Onate, owner, and Ricardo Onate, manager, of the El Matador Inc. and El Caporal Inc. restaurants in Decatur to pay a total of $1,149,702.50 in back wages and damages to 64 workers employed as servers and kitchen staff. This judgment resolves a lawsuit filed by the U.S. Department of Labor following an investigation by its Wage and Hour Division that disclosed willful violations of the minimum wage, overtime pay and record-keeping provisions of the Fair Labor Standards Act at three locations. Ownership and management has to be aware of the regulations the govern FLSA.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Could This Be Your Company – Olive Garden Restaurant Agrees to Pay Back Wages
All companys should have systems, policies and procedures to in place to actually track employee wages. Darden Restaurants Inc., doing business as the Olive Garden in Mesquite, today has agreed to pay $25,570 in back wages after an investigation by the U.S. Department of Labor’s Wage and Hour Division found that 140 current and former servers were not properly paid as required by the Fair Labor Standards Act. The company also has been assessed $30,800 in civil money penalties to be paid to the government. If you are interested in learning more about what Olive Garden Restaurant should have done link to the article below.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Exempt vs. Nonexempt: Most Confusing Wage/ Hour Issue
Determining whether employees are exempt or nonexempt is the most confusing wage and hour issue, according to a recent BLR poll. While this area of employment law is complex, it’s important for employers to make sure they are classifying workers correctly, especially given the rise in wage and hour claims.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Tracking Time Off Can Be a Human Resource Problem
Many landscapers severely underestimate the scope, complexity and financial impact of employee leaves of absence. Depending upon the size of the company and the state(s) in which it conducts business, there could be 15-20 different types of employee leaves of absence that must be communicated, documented and managed to remain legally compliant. Failure to maintain compliance can produce significant legal costs to the company, and in several cases, financial costs can even be applied against the employer’s personal assets.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Wage and Hour Compliance – What Are YOU Doing About It?
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.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Exemptions – Are There Overtime Exceptions?
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.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
A Big Danger To Employers – FLSA
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?
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Are You On The Right Side of Wage and Hour Laws?
Amongst the many responsibilities for which those in HR are accountable, keeping up-to-date with current employment legislation is, of course, one of the most important. With one third of respondents who took part in a recent survey of legal and HR professionals reporting a claim for non-compliance with wage and hour laws, and a 2010 litigation report predicting that the trend towards such lawsuits looks set to increase, however, never has it been more important for HR professionals to keep their eye on the ball.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Disability Discrimination in the Workplace
One of the most important civil rights in America is the right to find, choose, and hold employment without discrimination against one’s nationality, race, color, religion, gender, sexual preference, marital status, age, and disability. Despite the laws that were created to protect people from such discrimination, many are still being discriminated especially in the workplace. On top of this is the discrimination against people with disabilities. If you have experienced disability discrimination in the workplace, here are some pieces of important information you need to know in order for you to handle it effectively.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
