The “new” rule for who is a spouse

As I have told classes and blog post readers the changing nature of relationships in the US will alter the framework and definitions we have in the workplace. Up to this time those changing definitions only applied to some states and to federal contractors under Executive Orders administered by the OFCCP. As of February 25, …

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The USDOL is looking for ideas and there is a deadline of February 25th

As you know many of us in HR and business complain about the regulations that the DOL develop and enforce based upon legislation that has been passed.  The U.S. Department of Labor is looking to be “smarter” as they say and they are soliciting ideas on a set of questions. Their appeal to the public …

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The USDOL is getting ready to disrupt your workplace!

For those of you that don’t know the Fair Labor Standards Act has been taken into the “shop” for an overhaul. Last revised in 2004 many people (unions and the current administration primarily) think it is time to raise the salary level to be considered an exempt employee. It is time for HR to think …

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Ignoring the FLSA: Another case of Stupid HR

Companies often make mistakes in complying with the Fair Labor Standards Act (FLSA) not intentionally, but by mistake. As my friend Jon Hyman has stated in the past “Most employers don’t make mistakes of commission, but rather mistakes of omission.” This is a great quote, and in my experience is generally correct. Occasionally, however, you …

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Proposed changes to the FMLA redefine “spouse”

On June 27 the U.S. Department of Labor published a Notice of Proposed Rulemaking that will alter the Family and Medical Leave Act. This is something that everyone who has over 50 employees must pay attention to and be prepared to make the appropriate changes. Major features of the notice According to the USDOL announcement …

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What Mr. Obama’s call for new overtime rules means to you.

  One headline declared “With A Swoop of His Pen Obama Makes Millions Workers Eligible For Overtime Pay.” This refers to the speech that President Obama made regarding changing the overtime regulations. The President said he was going to direct the Department of Labor to revise the Fair Labor Standards Act, first passed in 1938 …

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Why Understanding the definition of Independent Contractor is Important to the ACA

  I was at a healthcare summit today that was focused on the Affordable Care Act (ACA, also known as the PPACA and ObamaCare). In the discussion on compliance the presenters spent some time on a question that many businesses are asking “Can I make my employees independent contractors and not worry about the ACA?” …

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Government Intrusion: Good thing or a New Low?

  Would you avoid a business that has a reputation for under paying workers? What about one that was being sued for discrimination? What about one that just had a reputation for not being fair? Well the US Department of Labor is betting you will. They are trying to supply consumers with that sort of …

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Tell Us How You Misclassify Employees

  That is basically the question the U.S. Department of Labor is proposing to ask in a survey the have proposed in the Federal Register. They will be asking workers if they understand how they are classified and will be asking employers to explain how they misclassify employees. Purpose of the study According to the …

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