|
|
| HR and the Law in the News January 2010, Volume 9, Issue 1 |
|
|
| HR and the Law in the News January 2010, Volume 9, Issue 1 |
|
Wage & Hour Woes The cases are new but the issues are not. Employers continue to struggle with proper classification of and payment to employees for time worked. Consider the following recent headlines:
The federal wage and hour regulations have not changed since 2004 so why do these issues continue to plague employers? Despite good faith and due diligence, employers can still make errors in payment for hours worked. Two of the three headlines above involved an employer's failure to pay non-exempt (hourly) employees for rest or meal periods. Many payroll systems are set up to automatically deduct 30 minutes from an employee's daily hours worked. For example, an employee punches in at 8:00 a.m. and out at 4:30 p.m. (8.5 hour work day) and the system automatically deducts 30 minutes for the employee's unpaid meal period. But what if the employee did not take lunch? Or did not take a full 30 minutes? Who bears the burden of proof? The employer! TIPS:
Hot Hits!! Education Corner January's Public Seminars & Presentations Presented by Christine V. Walters, MAS, JD, SPHR No public speaking engagements this month. January's Client Training Programs "HR & the Law for Managers" NEXT WEBCAST! January 27, 2010 10:00 - 11:00 a.m. EST HR Metrics: It's SIMPLE?! Click here for "Upcoming" webcasts, more information or to register. 2010 Annual Subscriptions are now available! Subscribe for the year (11 webcasts) for the price of 9! Get TWO FREE! Click here to register.
Training on Demand! It's Here! You asked for it; you got it. FiveL Company is pleased to now offer on-demand, web-based training programs. What's that? Web-based training modules let your employees access training programs remotely. Programs are tailored to include your company's relevant policies & procedures, are interactive and can include pre- and post-tests that your employees can access 24-hours a day at their convenience. Contact FiveL today for more information. ADA - It's Not Going Away The November 2009 edition of this newsletter reported on the proposed ADA regulations and the 2009 expansion of legal protection in employment for qualified individuals with a disability. Now consider some recent headlines:
Much like the article above re: "Wage & Hour Woes" problems often arise not out of an employer's intent to violate the law but because evidence may give the appearance of discrimination or failure to accommodate and the employer does not have sufficient documentation to overcome or rebut that appearance or presumption. Other times it is simply a lack of knowledge. In one headline case noted above, the employer learned that an employee's spouse had Hepatitis C. To ensure the employee was not contagious and could potentially infect fellow employees the employer required the employee to undergo a medical exam. The court ruled the exam was not job-related and even if it was, the employer discriminated against the employee when she refused to take the exam because it perceived her to be disabled due to her association with a person who had Hepatitis C. Lessons Learned:
On the Brighter Side On December 29th MSNBC.com reported that one-fifth of hiring managers surveyed reported that they plan to add full-time staff in 2010. On December 14th Bloomberg.com reported that White House chief economic advisor Lawrence Summers predicted that. "...U.S. employers will start to increase payrolls this spring." Spotlight! Joyce A. Thompson, PHR, Safety/HR Director for Hadley Farms Bakery wrote this following FiveL's presentation of "HR & the Law for Managers" for her management team members, "As usual Christine's presentation was on time, on target & very efficient. I have received several positive comments from members of our management team." Thank YOU Joyce! U.S. DOL Issues New Employment Law Guide The U.S. Department of Labor recently published a new guide for "those needing 'hands-on' information to develop wage, benefit, safety and health, and nondiscrimination policies for businesses." Whether you are a business owner, manager or HR professional, you may want to check out the new Guide. ---------------------------------------------------------------------------- This newsletter does not constitute the rendering of legal advice. For legal guidance on any particular issues you should consult with your company's legal advisor or contact FiveL Company directly. |
||||||||||||||||
Use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI's criteria to be pre-approved for recertification credit.