W. Garnett & Associates: Human Capital Management Solutions » EEOC http://wgarnett.com Human Capital Management Solutions For The REAL World Mon, 23 Jan 2012 16:00:42 +0000 http://wordpress.org/?v=2.8.5 en hourly 1 Labor Law Violations Affecting Restaurant Workers http://wgarnett.com/wes-blog/labor-law-violations-affecting-restaurant-workers/ http://wgarnett.com/wes-blog/labor-law-violations-affecting-restaurant-workers/#comments Mon, 23 Jan 2012 15:23:58 +0000 wgarnett http://wgarnett.com/?p=4511 Restaurant workers are being affected by labor laws.  If you’ve ever worked as a server at a restaurant, then you know what a slow shift is like. After eight hours on the floor, you only help a handful of tables, and some are inevitably bad tippers. Your base hourly wage probably doesn’t exceed $2.13, and so you end up receiving compensation below the federal minimum wage of $7.25.

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W. Garnett & Associates
Human Capital Management
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]]> http://wgarnett.com/wes-blog/labor-law-violations-affecting-restaurant-workers/feed/ 0 Has Your Company Adopted A Formal Separation Process With Employees? http://wgarnett.com/wes-blog/has-your-company-adopted-a-formal-separation-process-with-employees/ http://wgarnett.com/wes-blog/has-your-company-adopted-a-formal-separation-process-with-employees/#comments Sun, 25 Dec 2011 15:42:07 +0000 wgarnett http://wgarnett.com/?p=4423 Company’s should not separate employees from the organization without good reasons.  If you are terminating someone and they feel dis-respected they will feel angry. If they feel like they have been mistreated they will look for something to file a lawsuit on. And if you have not been incompliance in wage and hour, or EEO matters, or safety or a myriad of other things that is what they will hang their hat on.

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W. Garnett & Associates
Human Capital Management
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]]> http://wgarnett.com/wes-blog/has-your-company-adopted-a-formal-separation-process-with-employees/feed/ 0 Have You Scheduled A Review Of Your Employment Practices For 2012? http://wgarnett.com/wes-blog/have-you-scheduled-a-review-of-your-employment-practices-for-2012/ http://wgarnett.com/wes-blog/have-you-scheduled-a-review-of-your-employment-practices-for-2012/#comments Sun, 25 Dec 2011 15:05:01 +0000 wgarnett http://wgarnett.com/?p=4460 There are significant changes to employment practices for 2012, are you ready?  The Wage and Hour Division expects to conduct an additional 3,250 investigations in 2012, which will mainly target industries with higher rates of violations. These industries are construction, child care, home health care, grocery stores, janitorial businesses, poultry and meat processing, business services and landscaping.

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W. Garnett & Associates
Human Capital Management
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]]> http://wgarnett.com/wes-blog/have-you-scheduled-a-review-of-your-employment-practices-for-2012/feed/ 0 The DOL Has Recruited Allied States To Reduce Worker Misclassification http://wgarnett.com/wes-blog/the-dol-has-recruited-allied-states-to-reduce-worker-misclassification/ http://wgarnett.com/wes-blog/the-dol-has-recruited-allied-states-to-reduce-worker-misclassification/#comments Fri, 23 Dec 2011 16:14:47 +0000 wgarnett http://wgarnett.com/?p=4459 Company’s should audit their agreements on exempt employees and independent contractors to address any misclassification issues.  On December 5, 2011, the Colorado Department of Labor and Employment (CDLE) and the U.S. Department of Labor’s (DOL) Wage and Hour Division signed a memorandum of understanding regarding the improper classification of employees as independent contractors.

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W. Garnett & Associates
Human Capital Management
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]]> http://wgarnett.com/wes-blog/the-dol-has-recruited-allied-states-to-reduce-worker-misclassification/feed/ 0 What Are The Pros And Cons Of Severance Agreements? http://wgarnett.com/wes-blog/what-are-the-pros-and-cons-of-severance-agreements/ http://wgarnett.com/wes-blog/what-are-the-pros-and-cons-of-severance-agreements/#comments Fri, 23 Dec 2011 15:49:49 +0000 wgarnett http://wgarnett.com/?p=4458 Company’s should take a hard look before their offer departing employees severance agreements.  Some employers pay employees a lump sum at the end of their tenure in order to tide them over until they find a new job, and never enter into a contractual agreement with them. This is perfectly legal, but it should be seen as a gift and nothing more.

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

]]> http://wgarnett.com/wes-blog/what-are-the-pros-and-cons-of-severance-agreements/feed/ 0 Review Your Hiring Practices Because The EEOC Will Be http://wgarnett.com/wes-blog/review-your-hiring-practices-because-the-eeoc-will-be/ http://wgarnett.com/wes-blog/review-your-hiring-practices-because-the-eeoc-will-be/#comments Fri, 23 Dec 2011 15:31:09 +0000 wgarnett http://wgarnett.com/?p=4456 The EEOC is focusing on failure to hire. In late September, it sued sporting goods retailer Bass Pro Outdoor World, LLC, alleging that it engaged in a pattern or practice of failing to hire African American and Hispanic applicants for jobs in its retail stores nationwide. The lawsuit also alleges that Bass Pro unlawfully destroyed or failed to keep records and documents related to employment applications and internal discrimination complaints and punished employees who opposed its unlawful practices.

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

]]> http://wgarnett.com/wes-blog/review-your-hiring-practices-because-the-eeoc-will-be/feed/ 0 What Role Should Employers Play About Sexual Harassment in the Workplace http://wgarnett.com/wes-blog/what-role-should-employers-play-about-sexual-harassment-in-the-workplace/ http://wgarnett.com/wes-blog/what-role-should-employers-play-about-sexual-harassment-in-the-workplace/#comments Sun, 04 Dec 2011 16:45:14 +0000 wgarnett http://wgarnett.com/?p=4419 Sexual harassment awareness in the workplace plays a critical role. Sexual harassment in the workplace has long been illegal. Title VII of the Civil Rights Act of1964 classifies sexual harassment as discrimination. The specific definition is “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.”

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

]]> http://wgarnett.com/wes-blog/what-role-should-employers-play-about-sexual-harassment-in-the-workplace/feed/ 0 What Role are you Asking your HR Department to Play? http://wgarnett.com/wes-blog/what-role-are-you-asking-your-hr-department-to-play/ http://wgarnett.com/wes-blog/what-role-are-you-asking-your-hr-department-to-play/#comments Sat, 03 Dec 2011 17:42:32 +0000 wgarnett http://wgarnett.com/?p=4414

The company’s HR department can play a couple of roles for the organization, partner or police.  I need a more open and mutually supportive relationship with a business partner. I recently heard a truly fine HR professional describe her work: “My favorite role is the one I serve as part of our leadership team – advising and influencing our business strategy and initiatives. I am sometimes a parent to millennials, a peacekeeper, a driver of an employee-oriented culture and a reluctant compliance administrator!”

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

 

]]> http://wgarnett.com/wes-blog/what-role-are-you-asking-your-hr-department-to-play/feed/ 0 Employers Misclassification of Independent Contractors http://wgarnett.com/wes-blog/employers-misclassification-of-independent-contractors/ http://wgarnett.com/wes-blog/employers-misclassification-of-independent-contractors/#comments Fri, 05 Aug 2011 14:14:31 +0000 wgarnett http://wgarnett.com/?p=4384 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.

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

]]> http://wgarnett.com/wes-blog/employers-misclassification-of-independent-contractors/feed/ 0 Study Shows Workplace Harassment on the Rise http://wgarnett.com/wes-blog/study-shows-workplace-harassment-on-the-rise/ http://wgarnett.com/wes-blog/study-shows-workplace-harassment-on-the-rise/#comments Sat, 09 Apr 2011 16:49:21 +0000 wgarnett http://wgarnett.com/?p=4092

Study shows workplace harassment on the rise.  If you experience being belittled in front of others or are made to look bad, you are being humiliated and your dignity is being assailed. Being interrupted or cut off while speaking, being sworn at are signs of abuse at work. If co-workers are sabotaging your work, undermining your efforts or being uncooperative, they are trying to make you look unprofessional or incompetent at work.

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W. Garnett & Associates
Human Capital Management
1-303-658-9342

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