Are you worried about filing an FMLA claim? Are you working for a hostile, harassing boss that is ruining your days and keeping you up at night? Do you frequently worry about unfair punishment, nit-picking of your work by a bully supervisor, or do you fear that you might even lose your job in the middle of this bad economy? Get the Undercover Lawyer on your side at Work Laws Exposed

It seems like everywhere you look there is some mention of the U.S. Department of Labor (DOL) cracking down in one way or another on businesses. Statistics indicate that there is much increased activity in DOL audits over the last few years, which should come as no surprise. In the DOL 2011 Strategic Plan Fiscal Years 2006 – 2011 the department listed four major goals, which are:

A Prepared Workforce A Competitive Workforce Safe and Secure Workplaces Strengthened Economic Protections

According to the Strategic Plan, the third goal, Safe and Secure Workplaces “focuses on ensuring that workplaces are safe, healthful, and fair; providing workers with the wages due to them; providing equal opportunity; and protecting veterans’ employee and reemployment rights.” It is this area that prompts the majority of DOL audits of employers.

The newly appointed Secretary of Labor, Hilda Solis, issued a statement on March 24, 2009 that the DOL is renewing its efforts to enforce labor laws across the country. With the addition of 250 field investigators provided to the DOL under the American Recovery and Reinvestment Act, businesses can be assured of increased audits.

In is important to understand that the DOL is quite a large organization with far reaching regulatory authority. The DOL has 27 divisions that each has their own function. A few of the divisions that are most familiar to private employees are:

Employment Standards Administration (ESA), which includes:
- Wage %26 Hour Division (WHD) Employee %26 Benefits Security Administration (EBSA) Occupational Safety %26 Health Administration (OSHA)

In 2008 the WHD recovered more than $185 million in back wages for 228,000 employees. In addition, the agency assessed $9.9 million in civil monetary penalties and concluded 28,242 compliance actions. Including the 2008 figures, the 8 year cumulative total of back wages collected by the agency was $1.4 billion dollars. (Please click here for US Department of Labor 2008 Fiscal Year Report)

Audits are generally triggered either when a current or former employee files a complaint with the DOL or when the DOL targets a specific industry for investigation. It is a common practice of the DOL to target a variety of low-wage industries including day care, agriculture, janitorial services, the garment industry, healthcare, the hotel and motel industries, restaurants, and temporary help. These industries generally have vulnerable and often immigrant workforces, and a history of chronic violations.

Keeping in mind the many arms of the DOL and its numerous divisions, there are many areas that may be audited and some of the main areas of employee complaints (that result in an audit) are listed below:

Misclassifying employees as exempt (Exempt vs. Non-Exempt status) Independent Contractor Status Minimum Wage Violations Child Labor Violations Overtime Issues Family %26 Medical Leave Act (FMLA) Violations Improper deduction(s) from wages Other Wage Issues such as: Bonus, Incentive, On-Call, Paid Time Off issues Timely remittance of retirement plan deferrals withheld through payroll deduction Fair Pay Issues

In addition, many states have a state agency equivalent to the DOL. For example, in California there is the Division of Labor Standards Enforcement, which can also audit CA employers for the same items as the DOL. It is imperative to know your specific state’s requirements in addition to federal regulations. In California, employers should also ensure they are complying with meal and rest break requirements, properly recording meal breaks and the employees’ time worked, properly paying overtime, and reimbursing employees for all business related expenses.

Liability for violation of the wage and hour laws does not require evidence of bad intent or unlawful motive by an employer. The performance of the employee is also rarely an issue, making the employer’s exposure fairly straightforward in most cases. 

If the DOL audits your company, a representative will visit your facility to conduct interviews, make sure the required posters are hung, and possibly examine the time clocks to determine whether your company is in compliance with the Fair Labor Standards Act. DOL will then review up to 3 years’ worth of your wage-and-hour records and investigate your wage-and-hour practices to determine whether you have paid your employees the proper amount of overtime. This will include a review of your pay records, so you must make sure the records are accurate and organized.

Employers need to be proactive about complying with these complex wage and hour laws. If cost is a concern, complete an in-house audit and then have an attorney double check the policies and practices. It will cost a lot more to contact an attorney after the DOL or state agency is in your workplace or the lawsuit has already been filed.

If you want to learn more Human Resources Tips, please click here for more information.

Michele O Donnell, M.S. Human Resources Management. joined MMC, Inc. in January 2007 and currently leads MMC’s elite team of HR Consultants. Ms. O Donnell has been involved in the Human Resources industry for more than 14 years, bringing vast training and management experience to the MMC leadership ranks. Her experience spans the broad scope of labor law, regulatory compliance and HR Best Practices, drawn from her rich experience as Director of HR for several firms throughout her career. She currently works to ensure that MMC’s consultants forge long lasting relationships with our clients, fostered in exceptional service and unsurpassed HR expertise. Ms. O Donnell earned her baccalaureate degree in Business Administration from Auburn University before receiving her Masters degree in Human Resource Management from Troy State University. Learn more about MMC’s comprehensive HR services at http://www.mmchr.com

Is this illegal from an employer to investigate his employee FMLA?

The employee on intermittent FMLA called in stating would be coming late to work. When he came in 5 minutes late, his boss began investigate him, what was the reason he is coming late. His boss knew very well that the employee was in FMLA as he has received all FMLA approved document. Is this illegal ?.

Answer
coming in late to work is NOT covered by FMLA, you either take the whole day or you are subject to disciplinary action, your employer is free to question your actions regarding attedance at anytime

Are you concerned about filing an FMLA claim? Are you working for a hostile, harassing boss that is ruining your days and keeping you awake at night? Do you constantly worry about unfair discipline, nit-picking of your efforts by a bully manager, or do you fear that you might even lose your job in the middle of this terrible economy? Get the Undercover Lawyer on your side at Work Laws Exposed

Are you paying attention to employment law requirements? If you aren’t, you should be. Not only are you required to follow specific regulations concerning employment law, but you are also required to notify your employees of their employment law rights by placing an employment law poster in a conspicuous place in your business where your employees will be likely to see it, such as an employee break room. There are eight basic Federal employment laws that you should be aware of and understand.

The first of these is Title VII of the Civil Rights Act of 1964. This employment law prohibits discrimination on the basis of race, color, religion, national origin and sex. In addition, sex discrimination on the basis of pregnancy and sexual harassment is also prohibited under this employment law.

Next, there is the Civil Rights Act of 1966. This employment law prohibits discrimination based on race or ethnic origin.

The Equal Pay Act of 1963 prohibits employers from paying different wages to men and women that perform essentially the same work under similar working conditions.

Most employers have heard of the Americans with Disabilities Act, but do not understand how this employment law can impact them. This law prohibits discrimination against persons with disabilities.

The Immigration Reform and Control Act of 1986 prohibits discrimination on the basis of national origin or citizenship of persons who are authorized to work in the United States.

The Age Discrimination in Employment Act, also known as ADEA, prohibits discrimination against individuals who are age 40 or above.

The Equal Employment Opportunity Act prohibits discrimination against minorities based on poor credit ratings.

The Bankruptcy Act prohibits discrimination against anyone who has declared bankruptcy.

In addition to these employment laws, you are also subject to the following employment laws.

The Occupational Safety and Health Act provides specific regulations regarding the safety and health conditions of employers and employees in all 50 states as well as the District of Columbia, Puerto Rico and other U.S. territories

FMLA, the Family Medical Leave Act, allows employees to take unpaid leave from their jobs under specific conditions.

Under the Employee Polygraph Protection Act Labor Law, private employers are not allowed to use lie detector tests for either pre-employment screenings or during the course of employment.

FLSA, the Fair Labor Standards Act, provides for minimum wage and overtime pay standards as well as recordkeeping and child labor standards in private as well as public employment.

Beyond the major Federal employment laws, you will also need to make sure that you are in compliance with state employment law as well. Each state may provide for employment laws in addition to the federal employment laws mentioned above. For example, California employment law covers several areas such as unemployment labor law insurance, temporary services or leasing labor law and state disability labor law.

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my name is dixita.

What is the difference between short-term, FMLA and just leave of absence?

Does it make a difference if you are on short-term, FMLA or just out on a leave of absence? With my company short-term and FMLA run together. Will they hold your job with any of them?

Answer
FMLA protects your job for up to 12 weeks of unpaid leave,a leave of absence is the same as quitting there is no guarantee you will have job when you return and makes you ineligible for unemloyment, someone else made comment about insurance while on FMLA your employer does not pay for your insurance while on leave you are still resonsible for.your portion while you are out if you do not pay you can lose you health insurance, if on personal leave you will have to COBRA yourself to continue your health insurance

Are you worried about filing an FMLA claim? Are you working for a hostile, harassing boss that is ruining your days and keeping you awake at night? Do you constantly worry about unfair discipline, nit-picking of your work by a bully supervisor, or do you fear that you might even lose your job in the middle of this terrible economy? Get the Undercover Lawyer on your side at Work Laws Exposed

Worker-discrimination lawsuits – filed by the Equal Employment Opportunity Commission (EEOC) – are traumatic experiences, especially for new managers and entrepreneurs. So beware, the number of discrimination lawsuits is skyrocketing.

Two years ago, EEOC-related cases resulted in massive monetary damages – an aggregate $54.8 million. In 2008, the EEOC charged 95,402 companies with employment violations. The monetary damages totaled $102.2 million.

In 2009, there is seemingly an unending wave of EEOC investigations, as well. To meet the heavy caseload, the EEOC Web site indicates the agency is on a hiring binge – from attorneys to support staff and IT personnel.

And that’s just the federal cases. State courts across the nation are filled with discrimination cases, too, because complainants want to avoid the federal caps on monetary damages.

Historically, high-profile harassment cases are a catalyst for additional complaints by other workers. EEOC cases also lead to declining morale, retention problems and poor productivity, which are also costly.

So it is imperative for new managers to implement measures to prevent problems.

The six basics for micro-companies:

1. Get a mentor and join your local chamber of commerce.
2. Consider outsourcing your payroll.
3. Implement benefits and retirement plans.
4. Create a policy and procedures handbook (job descriptions, hiring, appraisals, compensation, firing and operations).
5. Stay aware of all employment laws.
6. Document everything.

For larger companies, every company’s situation is different. In my experience, it’s important to learn how and why complaints are filed, and to treat employees with respect and confidentiality.

The key is to start where the proverbial tire meets the road – when employees are hired.

To avoid EEOC headaches, here are 13 strategies:

Fully understand the required skillsets. Naturally, first decide what each job requires. When a person leaves, decide what additional qualities you want in the job description. While experience and skills are an important consideration for meeting your requirements, there are several other considerations, so take your time.

Keep in mind the three A’s of hiring: Attitude, appearance, and ability – in that order – to fit both your culture and customer service initiatives.

Review your application process. The appearance of discrimination can be unfortunate opportunities for applicants or the EEOC to file complaints regarding your hiring decisions. Review your interview checklist questions and employment applications so that you only inquire about applicants’ talent for the job and availability for attendance according to your required work hours.

When anyone requests an application stay safe by providing it, but don’t do it selectively to avoid the appearance of discrimination. Don’t set deadlines for applicants to apply unless you strictly adhere to them.

Interviewing. When you interview, ask open-ended questions to get the applicant to talk about any issues related to the job. Closed-ended answers in which an applicant answers with a “yes” or “no” won’t be productive. You’ll want to know about the person’s attitudes, expectations and values. A skilled interviewer is careful about commenting on an applicant’s answers.

Background checks. A background check is critical. If you ask questions of a reference or former employer, make certain to take the same precautions as you do with the applicant. If you utilize credit reports, adhere to the provisos in the Fair Credit Reporting Act.

Making an offer.Put your offer in writing to successful applicants, but stipulate that you’re an at-will employer. State the salary in weekly or monthly amounts – so that longtime employment tenure is not implied – and whether there are any contingencies, such pre-employment medical exams. Hopefully, you have highly trained interviewers, but make clear that the letter is your company’s last word in employment and that it supersedes any other representations by interviewers.

Drug testing is often valuable for screening purposes. Applicants with a drug history will sometimes withdraw their applications, but the test is effective for those who don’t. In my experience, drug users are the most dishonest employees – at a much higher rate than even alcoholics.

Insuring success. Make full use of your probationary period. Assuming an employee adequately demonstrates technical skills, remember the No. 1 employer-complaint about new hires is their lack of soft skills – a poor attitude and inability to communicate effectively with coworkers and customers. Appraise them accordingly.

Employee handbook. For legal and productivity reasons, the employee handbook should be utilized to inform employees of your expectations. But clearly state a disclaimer – it’s not an employment contract – employment is conditional. Either party may terminate without cause or notice. Preferably, employees will be given an acknowledgment form regarding their at-will employment status.

The handbook should include policies such as attendance, benefits, vacation, employee-monitoring systems, probationary periods, sick leave, and FMLA (family and medical leave, if you employ 50 or more workers).

Make clear the company will not tolerate harassment and the procedures for reporting it. Remember, employers are liable for behavior of their employees. Should harassment allegations be raised by an employee, be sure to follow through with an immediate investigation and discipline, if proven, and don’t tolerate retaliation. Sexual harassment training, in particular, should be regularly given.

Avoid favoritism. Be consistent make sure of adherence to policies.

Be proactive about workplace complaints. Do not avoid taking action. Make sure you are actively listening.

Safety counts. Be empathetic and show respect. Be safety conscious.

Wage and hour practices. Stay current with all state and federal wage and hour laws and regulations. Some companies have run into trouble because their hourly employees are working longer hours as exempt managers and not paid for overtime. Carefully document your records.

Of course, try to be competitive in pay and benefits.

Continuous policy training. To insure success, make certain managers, human resource interviewers and workers are knowledgeable about your business policies. You’ll be in a better position to prevent harassment, hire correctly and appraise employees accurately. You’ll also be in a stronger position, if you do encounter the threat of litigation. Stay on top of all details, but also be mindful of the protected classes of workers to avoid federal intervention.

Evaluations and terminations. Supervisors and managers must be schooled in worker behavior, performance and if necessary, terminations. Not to oversimplify, but remember every employee is entitled to know three things: What’s expected; what’s in it for them; and how they’re doing.

Make certain that terminated employees can’t conclude they’re being let go for reasons of discrimination. Again, that means documentation and thorough footwork.

These minimal reminders will help you to avoid employment and EEOC traps. However, if you do find yourself in the EEOC crosshairs, be careful how you respond in crafting your position.

Resource links: 

U.S. Department of Labor, http://www.dol.gov U.S. Equal Employment Opportunity Commission, http://www.eeoc.gov

For related reading:

Human Resources: 12 Errors to Avoid in Evaluations

 

 

Biz Coach Terry Corbell is a business-performance consultant and profit professional. As a longtime media columnist, he publishes performance-enhancing strategies at The Biz Coach: http://www.bizcoachinfo.com, Proven Solutions for Maximum Profits.

Can my mother go on the FMLA act for 2 weeks since no one else is here to help me with the baby?

My husband lives out of the country, so would my mother be allowed to go on FMLA to help me for a couple weeks?

Answer
Yes but it’s unpaid, just so she knows.

Are you concerned about filing an FMLA claim? Are you working for a hostile, harassing boss that is ruining your days and keeping you up at night? Do you frequently worry about unfair punishment, nit-picking of your work by a bully manager, or do you fear that you might even lose your job in the middle of this bad economy? Get the Undercover Lawyer on your side at Work Laws Exposed

In today\’s unpredictable economy where layoffs are becoming more abundant and headlines screaming dismal news, many business owners are turning to a PEO for relief. A top challenge that small and mid-sized businesses face is managing and caring for their employees. Factoring in payroll, taxes, and workmans compensation insurance costs, employee-related costs can be one of a company\’s largest expenses. For the business owner PEOs take on the headache of payroll taxes, regulatory compliance, and an array of HR issues, from hiring to drafting an employee handbook to mediating conflicts. Although PEOs have been around since the early 1980s, the industry has been growing at 15 to 20 percent annually over the past several years, according to the National Association of Professional Employer Organizations (www.napeo.org), an industry trade group.

The trusted advisers at First Place Employer Services want to add this very important note, Professional employer organizations, or ‘PEOs,’ are not a quick fix and were never intended to be. We firmly believe as much as our industry has tried to educate, more is needed.

Historically, the government including our new administration has made managing employees today a costly and potentially dangerous proposition. Failure to comply with laws such as EEOC, ADA, COBRA, OSHA, FMLA and others could prove very costly. A small business owner could possibly lose their business as a result of a legal action for wrongful discharge or a dispute over wages.

Did you know? Most studies indicate the cost of ‘employment’ ranges between 6 and 16 percent of your payroll.

No business owner is in business to write checks, file tax reports, shop for employee benefits, deal with workers compensation claims and audits, or answer unemployment claims. Time devoted to these activities not only removes valuable time from the operational aspects of your business but, worse than that, generates no profit.

For those readers who may not be following this blog and are wondering, what is a peo we will answer that question again here:

The PEO concept is designed to be simple. Its origin can be traced to members of the accounting profession who wanted to provide relief for many of their small business clients who spent a great deal of time dealing with administrative challenges such as payroll and payroll related taxes, ongoing tax penalties, and unemployment plans and workers compensation coverage.

For a reasonable fee, a Professional Employer Organization (PEO) assumes responsibility and liability for the ‘business of employment,’ including risk management, workmans compensation insurance, human resources, labor law compliance, payroll, and employment taxes. The customer or client (business owner) manages product development and production, marketing, sales and service. The PEO and the client contractually allocate some and share other traditional employer responsibilities and liabilities. Subsequently, both the PEO and the client enjoy an employment relationship with the workers.

Typically, a PEO offers a much wider selection of benefits often at considerably lower cost due to the large numbers of employees in its pool. PEOs and their clients enjoy a complete suite of Fortune 500 type benefits.

Did you know? 2,500 PEOs are open for business and enjoying annual growth rates as high as 30 percent. Moreover, experts contend PEOs have tapped a bare 2 percent of their market potential.

As a premier PEO brokerage firm the trusted advisers at First Place Employer Services assist our client\’s locate the best PEO for their unique business needs. A franchise owner will have different HR and benefit needs from a dental practice. Before representing a partner PEO, we thoroughly check each PEO for stability and strength. We encourage our prospective clients to check the references of the PEO. It is always sound practice to speak with clients who have used the PEO. Contact the licensing agency in your state and ask if there are any past problems or complaints filed.

Did you know? If we match a client to a PEO, and the PEO performs poorly, we may lose your business.

The staff of 1st Place Employer Services are experts on workmans compensation insurance. 1st Place Employer Services is a very interesting site,and something that could save your company money in the long run.

If staff leasing is an interest of yours, you definitely need to visit us.

How do I take maternity leave if I don’t qualify for FMLA at my work?

I have worked for my current employer for 6 months they want me to write up a maternity leave, but I dont qualify for FMLA. How much time can I take off? Is this considered something else?

Answer
Because you don’t qualify for FMLA you need to speak to your company’s HR department to find out what they specifically allow you to do. They probably have some sort of procedure that they follow and can help you get started. Good luck!