What HR Topics Will You Be Watching in 2012
2012 will pose extreme issues for employers and employees. As we close the books on 2011, many businesses are looking at strategies and tactics for the new year. Given recent waves of market uncertainty, this year poses a unique challenge for decision-makers and C-level executives. While there are numerous financial considerations ranging from healthcare compliance to tepid consumer confidence, human resource managers have been forced to align their practices with the evolving global economy.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Labor Law Violations Affecting Restaurant Workers
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.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
The DOL Has Recruited Allied States To Reduce Worker Misclassification
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.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
How to avoid FLSA Class Action Lawsuits
Does your organization know the difference between the employee classifications? Many companies don’t understand when to properly classify employees as exempt versus non-exempt, and consequently whether to pay overtime. Most think all you have to do to avoid paying overtime is make an agreement with the employee to pay them on a salary basis. While a salary basis test is part of the requirement to make an employee exempt from overtime, that is just a small part of the analysis. Startups are particularly susceptible to this, as staffing is constantly in flux, employees work long hours, and entrepreneurs are still learning the ropes as they go.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Fair Labor Standard Act Hits a Texas Restaurant with Fines
FLSA is an area of employment that every business has to understand for compliance sake. According to a U.S. Department of Labor press release, Darden Restaurants Inc., doing business as Red Lobster in Lubbock, has agreed to pay $27,427 in back wages after an investigation by the U.S. DOL’s Wage and Hour Division found that 109 current and former servers were not properly paid as required by the Fair Labor Standards Act. The company also has been assessed $23,980 in civil money penalties to be paid to the government. Red Lobster in Lubbock is a full-service restaurant, employing approximately 82 workers.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Wage-Hour Laws Can Create Risks for Companies
Does your awareness of the Fair Labor Standards Act keep you out of harms way? Federal investigators regularly look for violations of minimum wage, overtime pay, child labor and other provisions of the Fair Labor Standards Act. Employers not found to be in compliance must pay back wages and penalties. Recently, the Department of Labor launched a new smartphone “app” to help employees track the hours they work and determine the wages they are owed. These electronic time-sheets could result in more employers being hit with wage-and-hour-related violations. Here are 14 ways that your company or organization can get tripped up by these complex requirements. Every company should have systems and processes in place to address the FLSA regulations.
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
Auditing Your Wage and Hour Compliance
Businesses should give consideration to auditing their wage and hour compliance on a regular basis. What can your organization do to get ahead of this massive mobilization? The most effective course is to conduct an internal audit before the DOL shows up at your door. An audit will enable an employer to identify compliance concerns and change any practices that might present an unacceptable risk of liability. If you are interested in reading more about wage and hour compliance link to the full 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
Your Company’s Compliance With Wage/Hour? Not Likely
DOL recently announced that it will change dramatically how it regulates employers’ compliance with certain federal laws. Within the next year, it will issue regulations requiring employers to take affirmative steps to ensure compliance with federal wage-and-hour, safety, and anti-discrimination laws.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
