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Many employers believe they’ve taken adequate steps to prevent employment discrimination. And yet, it happens. The Equal Employment Opportunity Commission (EEOC) received 76,418 charges of workplace discrimination in fiscal year 2018 and, as a result, obtained $505 million for victims employed in the private sector, as well as by local, state and federal government agencies. In short, the financial cost of a single claim can be devastating. Even if you...
Read moreEmployers with 20 or more employees are generally required to offer continuing health care coverage to departing staff members. This is commonly referred to as “COBRA” after the legislation that made it law: the Consolidated Omnibus Budget Reconciliation Act of 1985. Like any type of health care benefit, COBRA coverage can present an opportunity for dishonest individuals to try to commit fraud. If you catch a qualified beneficiary submitting a...
Read moreIn good times, organizations often need to change to seize opportunities and keep up with demand. In bad times, they must change because, well, something has clearly gone awry. Whatever its cause may be, change can put great strain on an employer’s ability to accomplish its mission. To minimize the negative fallout from such shifts in direction, an organization should take a formalized approach called change management. This involves creating...
Read moreEvery employer needs to keep records on pay, hours, workplace injuries and the like. And, of course, the fun doesn’t end there — you’ve also got to maintain other documentation, such as job descriptions, annual objectives and performance reviews. In totality, these documents make up your employment records. To prevent any number of disastrous circumstances, from lawsuits to identity theft, you must make sure to protect these files (whether paper...
Read moreThe Trump administration has released its long-awaited proposed rule to update the overtime exemptions for so-called white-collar workers under the Fair Labor Standards Act. The rule increases the minimum weekly standard salary level for both regular workers and highly compensated employees (HCEs). It also increases the total annual compensation requirement for HCEs that’s required to qualify them as exempt. In addition, it retains the often confusing “duties test.” The Trump...
Read moreThe Department of Labor (DOL) announced in very late January the 2019 annual adjustments to the civil monetary penalties for a wide range of benefits-related violations. Legislation enacted in 2015 requires annual adjustments to certain penalty amounts by January 15 of each year. Because of the government shutdown, however, the 2019 penalties weren’t published by this deadline and, thus, have a later-than-usual effective date. To wit, the 2019 adjustments are...
Read moreIt’s in every employer’s best interest to keep an open mind about where the right talent for an open position may lie. Of course, in some industries, minds couldn’t be more open because skilled labor shortages are driving organizations to look everywhere for new hires. If you want to grow your workforce or need to fill long-vacant jobs, you may be overlooking an entire generation of workers who many assume...
Read moreIt’s probably safe to say that most employers have created some form of an employee handbook. But just because your organization has one, that doesn’t mean it’s functional. An outdated or poorly written handbook could harm your organization by misleading employees or sending mixed messages about your HR policies. That’s why you must make sure yours is regularly reviewed and revised. Protect yourself Among the primary reasons organizations invest in...
Read moreIt’s not uncommon for employers in some industries and localities to occasionally rehire a previously terminated employee. Should such a situation occur, you may wonder how to properly handle the waiting period typically imposed on new hires preceding their eligibility for health care benefits. The answer depends on the status of your organization under the Affordable Care Act (ACA). Smaller organizations Let’s say you’re a smaller business not subject to...
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