Overtime Overhaul: It’s Time to Prepare Your Business for Sweeping Changes

If finalized, these changes will make nearly five million workers eligible for overtime pay as early as this year, unless their salary is raised.

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Overtime Mandate: Impact On Small Business & The Skills Gap

Further review of this mandate would appear to create a self-imposed strain on small businesses while widening the skills gap.

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Docking pay on a snow-day – is it legal?

It wouldn’t be a real Canadian winter without a super-storm or two and, at some point over the season, it’s very likely you’ll have to call a snow day – but how clued up are you on what you can and can’t do?HRM asked one employment lawyer’s advice. Do you have an obligation to pay? Missing a day at work due to the weather is completely out of your employees’ control – but does that mean you have to pay them? In a nutshell – no....

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Employee’s Twitter Hatin’ Costs Him Unemployment Benefits

(Editor’s Note:  Mixed signals by Federal and State Agencies have got employer’s mystified.  What kind of policies should an employer have?  How can employees be disciplined?  Can employees protect themselves from social media disparagement?  If you have found a way to handle social media during these uncertain times, tell us about.) An employee getting fired for caustic social-media posts is so 2011. Having an application...

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If a New Hire Cannot Physically Perform the Job, He or She Can Be Terminated

Come up with a job-related prehire test that is ­consistent with business necessity. Be sure to consider reasonable accommodations for any disabled applicants.

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Independent contractors – who is an independent contractor and who is not?

The IRS Rules The IRS has a somewhat different approach to making the distinction between an employee and an independent contractor (go here for the EEOC’s guidelines), says Walters. It looks at behavioral control, financial control, and the relationship of the parties. Behavioral Control The issue here is whether there is a right to direct or control how the worker does the work. A worker is an employee when the business has the...

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Compensation – why are wage and hour suits on the rise?

The federal government’s added emphasis on enforcing wage-and-hour laws mixed with workers’ contempt for being asked to work longer hours without increased pay during the recession has turned into a dangerous cocktail for employers. Some scary stats for you to digest: The number of wage-and-hour lawsuits that reached federal court increased 15% between 2011 and 2010. Last year, 7,008 wage-and-hour suits, many of them class actions,...

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Top Five Myths About the Drug-Free Workplace Act

Headlines screamed across the country when Colorado became the first state to recognize the Constitutional right to use marijuana for any reason by adults ages 21 and older.

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