The document discusses the exemptions under the Fair Labor Standards Act that allow employees who meet certain criteria to be exempt from overtime pay, including exemptions for executive, administrative, professional, highly compensated, computer, and outside sales employees, and details the salary and duty requirements for each exemption. It also outlines exceptions when salary deductions can be made for exempt employees.
This document provides a disclaimer and overview of a toolbox of employment law information and resources. The summary states that the toolbox is intended for educational purposes and should not be considered legal advice. It also notes that using the toolbox does not create an attorney-client relationship and that competent legal advice should be sought from a licensed attorney. The toolbox includes glossaries, checklists, guides on topics like ADA/FMLA interaction and wage and hour law, as well as tools for investigations, terminations, reducing legal fees and more.
Compliance Overview - Americans with Disabilities Act (ADA)ntoscano50
The Americans with Disabilities Act (ADA) is a federal law that makes it illegal for covered employers to discriminate against qualified individuals with disabilities in all employment practices, such as recruitment, compensation, hiring and firing, job assignments, training, leave and benefits. Employers with 15 or more employees are covered by the ADA.
The ADA requires a covered employer to provide a reasonable accommodation to an employee or job applicant with a disability, unless doing so would impose an undue hardship on the operation of the employer's business. Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.
Changes on the Horizon: The DOL's Proposed Rules Regarding Independent Contra...Jim Cowan
This Presentation covers the DOL's new Proposed Rules. Topics covered include:
• The DOL Adopting more Restrictive Tests for Independent Contractor
• The Proposed Changes to DOL White Collar Exempt Status Regulations
• The Computer Professionals Exemption Decision Tree
• The Salary Basis Test, Permitted Salary Deductions
• The Exceptions from "No Pay-Docking" Rule
• Examples & Effects of Improper Deductions
• Payroll Practices that Do Not Violate the Salary Basis Test
• Additional Compensation.
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
This document provides a summary of the Family and Medical Leave Act (FMLA) including:
- Employers with 50 or more employees are covered by the FMLA
- Eligible employees are those who have worked for their employer for 12 months and 1,250 hours in the last year
- The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for qualified medical and family reasons
- Employers can require employees to substitute accrued paid leave for unpaid FMLA leave.
The document discusses the Occupational Safety and Health Act (OSHA) and workplace health and safety. It provides objectives for understanding OSHA provisions, employer and employee responsibilities under OSHA, and computing incidence rates. Specifically, it aims to summarize OSHA standards and guidelines, how to create a safe work environment, identify health hazards, and methods for coping with stress.
The document summarizes key aspects of disability discrimination law under the Americans with Disabilities Act (ADA). It defines a qualified individual with a disability as someone who can perform essential job functions with or without reasonable accommodation. Reasonable accommodation may include adapting workspaces or adjusting schedules. Employers must provide accommodation to known disabilities unless it poses an undue hardship. Employers cannot discriminate in hiring and can only reject applicants if no accommodation exists or the person poses a direct safety threat. The document provides guidance for employers to avoid liability, including focusing on abilities rather than limitations and engaging in interactive discussions of accommodation needs.
This document provides a disclaimer and overview of a toolbox of employment law information and resources. The summary states that the toolbox is intended for educational purposes and should not be considered legal advice. It also notes that using the toolbox does not create an attorney-client relationship and that competent legal advice should be sought from a licensed attorney. The toolbox includes glossaries, checklists, guides on topics like ADA/FMLA interaction and wage and hour law, as well as tools for investigations, terminations, reducing legal fees and more.
Compliance Overview - Americans with Disabilities Act (ADA)ntoscano50
The Americans with Disabilities Act (ADA) is a federal law that makes it illegal for covered employers to discriminate against qualified individuals with disabilities in all employment practices, such as recruitment, compensation, hiring and firing, job assignments, training, leave and benefits. Employers with 15 or more employees are covered by the ADA.
The ADA requires a covered employer to provide a reasonable accommodation to an employee or job applicant with a disability, unless doing so would impose an undue hardship on the operation of the employer's business. Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.
Changes on the Horizon: The DOL's Proposed Rules Regarding Independent Contra...Jim Cowan
This Presentation covers the DOL's new Proposed Rules. Topics covered include:
• The DOL Adopting more Restrictive Tests for Independent Contractor
• The Proposed Changes to DOL White Collar Exempt Status Regulations
• The Computer Professionals Exemption Decision Tree
• The Salary Basis Test, Permitted Salary Deductions
• The Exceptions from "No Pay-Docking" Rule
• Examples & Effects of Improper Deductions
• Payroll Practices that Do Not Violate the Salary Basis Test
• Additional Compensation.
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
This document provides a summary of the Family and Medical Leave Act (FMLA) including:
- Employers with 50 or more employees are covered by the FMLA
- Eligible employees are those who have worked for their employer for 12 months and 1,250 hours in the last year
- The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for qualified medical and family reasons
- Employers can require employees to substitute accrued paid leave for unpaid FMLA leave.
The document discusses the Occupational Safety and Health Act (OSHA) and workplace health and safety. It provides objectives for understanding OSHA provisions, employer and employee responsibilities under OSHA, and computing incidence rates. Specifically, it aims to summarize OSHA standards and guidelines, how to create a safe work environment, identify health hazards, and methods for coping with stress.
The document summarizes key aspects of disability discrimination law under the Americans with Disabilities Act (ADA). It defines a qualified individual with a disability as someone who can perform essential job functions with or without reasonable accommodation. Reasonable accommodation may include adapting workspaces or adjusting schedules. Employers must provide accommodation to known disabilities unless it poses an undue hardship. Employers cannot discriminate in hiring and can only reject applicants if no accommodation exists or the person poses a direct safety threat. The document provides guidance for employers to avoid liability, including focusing on abilities rather than limitations and engaging in interactive discussions of accommodation needs.
Discussion of the SBA's Small Loan Advantage program from a seminar by Alison Rind and Arnie Spevack, SBA lending attorneys at Lerch, Early & Brewer in Bethesda, Maryland who represent lenders in transactions involving SBA and other government-guaranteed loans.
Category: People & Blogs
Tags: SBA lendinglending attorneySmall Loan AdvantageLerch EarlyLicense:Standard YouTube License
0 likes, 0 dislikes
Ten commandments of summary judgment practicelerchearly
The document outlines 10 fundamental principles or "commandments" for effective summary judgment practice. It recommends (1) considering summary judgment from the outset of a case, (2) properly timing motions, and (3) having a clear theme and focus. It also stresses (4) knowing applicable rules, (5) the presiding judge's preferences, (6) keeping arguments simple, (7) considering partial summary judgment, and (8) brevity. Finally, it advises (9) using a persuasive rather than argumentative tone and (10) considering a cross-motion for summary judgment in response.
Lerch Early volunteers at special olympics inspiration walklerchearly
Lerch Early family law attorneys organized the first annual Special Olympics Inspiration Walk to benefit the Special Olympics of Montgomery County. Attorneys and staff from Lerch Early helped register participants, distribute chips to runners, and make opening remarks at the event, which included a 5K run and walk. Neivy Richardson, a paralegal from Lerch Early, sprinted to finish the Inspiration Walk & Run.
How to Fire an Employee Without Risking Your Life lerchearly
In light of two local tragic events in 2014 in which terminated employees attacked (and in one case killed) their former employers, Lerch Early presented a seminar on how to fire an employee legally and safely.
lerch early seminar - visions for urban development in montgomery countylerchearly
Developers, property owners, architectural and engineering consultants, real estate brokers, smart growth advocates and lenders joined the attorneys of Lerch, Early & Brewer's land use practice at Columbia Country Club for a discussion on the future of urban areas in Montgomery County. Primarily concentrated around metro stops, these areas drive the economic growth of the County. Transit-oriented development in White Flint, Silver Spring, Wheaton, Gaithersburg, Germantown Rockville, and Bethesda is pivotal to Montgomery County as the area seeks to attract an increasingly diverse, technologically savvy, well-educated population looking for walkable places to work, live, and play.
In 1994, the Bethesda CBD Sector Plan was created as a blueprint for Bethesda's development. Since then, Bethesda has emerged as the economic engine of Montgomery County and a showpiece for mixed-use, transit-oriented development. What's next?
The upcoming Bethesda CBD Sector Plan review is a significant harbinger of planned urban design for the County. The Sector Plan process reevaluates original functions, design goals, and the desired environment. It also provides opportunities for new development and opens debate about what "smart growth" means for Bethesda and Montgomery County's future.
Development Trends: Montgomery County's Projects of Today and Plans for Tomor...lerchearly
The focus on Montgomery County development has never been more intense with major corporations contemplating whether Maryland, DC, or Virginia has the most to offer, the discussions swirling around underutilized sites and higher density infill, and myriad transportation projects that will significantly alter the way people move throughout the county.
The attorneys of Lerch, Early & Brewer's land use practice group were pleased to present on Sept. 23 a lively discussion featuring high-level speakers who talked not only about the here and now, but also what they see coming down the road for the county's office, residential, retail, and multifamily markets
What you need to know about the new SBA SOP 50 10 5(f), which contains updated requirements for lenders and Certified Development Companies (CDCs) to participate in SBA lending programs. It takes effect January 1, 2014.
Montgomery County, Maryland planners present revisions to the county's zoning code at a seminar sponsored by Lerch, Early & Brewer's land use attorneys.
Documenting, closing and funding the sba loan lerch early may 2012lerchearly
The document discusses the fundamentals of SBA lending, including documenting, closing, and funding SBA loans. It provides an overview of 7(a) loan programs, eligibility requirements, loan terms, processing types, permissible uses of loan proceeds, and requirements for credit standards, collateral, appraisals, environmental policies, loan conditions, and reviewing third-party reports. The document is intended to guide lenders through the key considerations and steps involved in SBA lending.
This document summarizes revisions made in the SBA SOP 50 10 5(g) issued in November 2014. Key changes include eliminating the personal resource test for business owners, clarifying eligibility issues regarding franchises, required guarantors, and form 1919. Credit standards were adjusted for delegated lenders making small loans up to $350k. Environmental reports and tax verifications are no longer required to be submitted to the SBA processing center for certain loans. Revisions were also made to rules regarding 504 loans, eliminating the nine month rule and clarifying third party lender agreements.
The Interactive Process and Reasonable Accommodation of Disabled WorkersJeff Polsky
A guide on current requirements for engaging disabled applicants and employees in the interactive process to explore possible accommodations (with a focus on Federal and California law).
Florida Overtime Wage Exemptions - Most Commonly Used Exemptions (Part I)Richard Celler
There are exceptions and exemptions to both the minimum wage and overtime provisions of the FLSA. Unfortunately, employers often claim an exemption for an employee where
none actually exists. Learn more about Florida overtime wage exemptions in this presentation.
This document provides an overview of key California employment law issues for startups. It discusses when various employment laws take effect based on company size, such as wage and hour laws applying to all employers while discrimination laws apply to companies with 5 or more employees. It also summarizes exemptions from overtime laws, highlighting tests for executive, administrative and professional exemptions. Finally, it outlines factors for determining whether a worker is properly classified as an employee or contractor.
Memphis Business Journal.Making Mistakes In Flsa Exemptions Can Be Costly For...Barbara Richman, SPHR
Wal-Mart agreed to pay $4.83 million in back wages and damages after the Department of Labor found it had misclassified and failed to pay overtime to nearly 4,500 vision center managers and asset protection coordinators. The DOL warned that misclassifying employees as exempt from overtime protections is a costly problem that can result in penalties. Employers must understand FLSA exemptions and ensure employees' duties and pay meet exemption criteria to avoid liability for back pay, overtime, fees and fines.
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards. It requires nonexempt employees be paid at least the federal minimum wage for all hours worked and overtime pay of time and a half the regular rate of pay for hours worked over 40 in a workweek. There are exemptions for executive, administrative, professional, highly compensated employees, and outside sales employees. To qualify for exemption, employees must generally be paid on a salary basis of at least $455 per week. The FLSA also regulates permitted salary deductions and meal and travel time. Employers must keep records of employees' personal information, hours worked, pay rates, and deductions.
This document summarizes employee classification for exemption status under the Fair Labor Standards Act. It discusses the primary duties tests for exemptions such as executive, administrative, professional, and computer employees. It also addresses classifications such as part-time workers, interns, volunteers, and independent contractors. The document warns that misclassifying employees can result in costly penalties and back pay lawsuits. It provides examples of court cases related to exemption classifications and restrictions on improper salary deductions for exempt employees.
Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber
Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC presented three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce.
This is the first event - Current Trends in Government Investigations - held on July 23, 2014 at the Frisco Chamber of Commerce, Frisco, Texas.
Discussion of the SBA's Small Loan Advantage program from a seminar by Alison Rind and Arnie Spevack, SBA lending attorneys at Lerch, Early & Brewer in Bethesda, Maryland who represent lenders in transactions involving SBA and other government-guaranteed loans.
Category: People & Blogs
Tags: SBA lendinglending attorneySmall Loan AdvantageLerch EarlyLicense:Standard YouTube License
0 likes, 0 dislikes
Ten commandments of summary judgment practicelerchearly
The document outlines 10 fundamental principles or "commandments" for effective summary judgment practice. It recommends (1) considering summary judgment from the outset of a case, (2) properly timing motions, and (3) having a clear theme and focus. It also stresses (4) knowing applicable rules, (5) the presiding judge's preferences, (6) keeping arguments simple, (7) considering partial summary judgment, and (8) brevity. Finally, it advises (9) using a persuasive rather than argumentative tone and (10) considering a cross-motion for summary judgment in response.
Lerch Early volunteers at special olympics inspiration walklerchearly
Lerch Early family law attorneys organized the first annual Special Olympics Inspiration Walk to benefit the Special Olympics of Montgomery County. Attorneys and staff from Lerch Early helped register participants, distribute chips to runners, and make opening remarks at the event, which included a 5K run and walk. Neivy Richardson, a paralegal from Lerch Early, sprinted to finish the Inspiration Walk & Run.
How to Fire an Employee Without Risking Your Life lerchearly
In light of two local tragic events in 2014 in which terminated employees attacked (and in one case killed) their former employers, Lerch Early presented a seminar on how to fire an employee legally and safely.
lerch early seminar - visions for urban development in montgomery countylerchearly
Developers, property owners, architectural and engineering consultants, real estate brokers, smart growth advocates and lenders joined the attorneys of Lerch, Early & Brewer's land use practice at Columbia Country Club for a discussion on the future of urban areas in Montgomery County. Primarily concentrated around metro stops, these areas drive the economic growth of the County. Transit-oriented development in White Flint, Silver Spring, Wheaton, Gaithersburg, Germantown Rockville, and Bethesda is pivotal to Montgomery County as the area seeks to attract an increasingly diverse, technologically savvy, well-educated population looking for walkable places to work, live, and play.
In 1994, the Bethesda CBD Sector Plan was created as a blueprint for Bethesda's development. Since then, Bethesda has emerged as the economic engine of Montgomery County and a showpiece for mixed-use, transit-oriented development. What's next?
The upcoming Bethesda CBD Sector Plan review is a significant harbinger of planned urban design for the County. The Sector Plan process reevaluates original functions, design goals, and the desired environment. It also provides opportunities for new development and opens debate about what "smart growth" means for Bethesda and Montgomery County's future.
Development Trends: Montgomery County's Projects of Today and Plans for Tomor...lerchearly
The focus on Montgomery County development has never been more intense with major corporations contemplating whether Maryland, DC, or Virginia has the most to offer, the discussions swirling around underutilized sites and higher density infill, and myriad transportation projects that will significantly alter the way people move throughout the county.
The attorneys of Lerch, Early & Brewer's land use practice group were pleased to present on Sept. 23 a lively discussion featuring high-level speakers who talked not only about the here and now, but also what they see coming down the road for the county's office, residential, retail, and multifamily markets
What you need to know about the new SBA SOP 50 10 5(f), which contains updated requirements for lenders and Certified Development Companies (CDCs) to participate in SBA lending programs. It takes effect January 1, 2014.
Montgomery County, Maryland planners present revisions to the county's zoning code at a seminar sponsored by Lerch, Early & Brewer's land use attorneys.
Documenting, closing and funding the sba loan lerch early may 2012lerchearly
The document discusses the fundamentals of SBA lending, including documenting, closing, and funding SBA loans. It provides an overview of 7(a) loan programs, eligibility requirements, loan terms, processing types, permissible uses of loan proceeds, and requirements for credit standards, collateral, appraisals, environmental policies, loan conditions, and reviewing third-party reports. The document is intended to guide lenders through the key considerations and steps involved in SBA lending.
This document summarizes revisions made in the SBA SOP 50 10 5(g) issued in November 2014. Key changes include eliminating the personal resource test for business owners, clarifying eligibility issues regarding franchises, required guarantors, and form 1919. Credit standards were adjusted for delegated lenders making small loans up to $350k. Environmental reports and tax verifications are no longer required to be submitted to the SBA processing center for certain loans. Revisions were also made to rules regarding 504 loans, eliminating the nine month rule and clarifying third party lender agreements.
The Interactive Process and Reasonable Accommodation of Disabled WorkersJeff Polsky
A guide on current requirements for engaging disabled applicants and employees in the interactive process to explore possible accommodations (with a focus on Federal and California law).
Florida Overtime Wage Exemptions - Most Commonly Used Exemptions (Part I)Richard Celler
There are exceptions and exemptions to both the minimum wage and overtime provisions of the FLSA. Unfortunately, employers often claim an exemption for an employee where
none actually exists. Learn more about Florida overtime wage exemptions in this presentation.
This document provides an overview of key California employment law issues for startups. It discusses when various employment laws take effect based on company size, such as wage and hour laws applying to all employers while discrimination laws apply to companies with 5 or more employees. It also summarizes exemptions from overtime laws, highlighting tests for executive, administrative and professional exemptions. Finally, it outlines factors for determining whether a worker is properly classified as an employee or contractor.
Memphis Business Journal.Making Mistakes In Flsa Exemptions Can Be Costly For...Barbara Richman, SPHR
Wal-Mart agreed to pay $4.83 million in back wages and damages after the Department of Labor found it had misclassified and failed to pay overtime to nearly 4,500 vision center managers and asset protection coordinators. The DOL warned that misclassifying employees as exempt from overtime protections is a costly problem that can result in penalties. Employers must understand FLSA exemptions and ensure employees' duties and pay meet exemption criteria to avoid liability for back pay, overtime, fees and fines.
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards. It requires nonexempt employees be paid at least the federal minimum wage for all hours worked and overtime pay of time and a half the regular rate of pay for hours worked over 40 in a workweek. There are exemptions for executive, administrative, professional, highly compensated employees, and outside sales employees. To qualify for exemption, employees must generally be paid on a salary basis of at least $455 per week. The FLSA also regulates permitted salary deductions and meal and travel time. Employers must keep records of employees' personal information, hours worked, pay rates, and deductions.
This document summarizes employee classification for exemption status under the Fair Labor Standards Act. It discusses the primary duties tests for exemptions such as executive, administrative, professional, and computer employees. It also addresses classifications such as part-time workers, interns, volunteers, and independent contractors. The document warns that misclassifying employees can result in costly penalties and back pay lawsuits. It provides examples of court cases related to exemption classifications and restrictions on improper salary deductions for exempt employees.
Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber
Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC presented three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce.
This is the first event - Current Trends in Government Investigations - held on July 23, 2014 at the Frisco Chamber of Commerce, Frisco, Texas.
Administrative Exemption
To qualify for the administrative employee exemption, all of the following tests must be met:
• The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not
less than $455 per week;
• The employee’s primary duty must be the performance of office or non-manual work directly related to
the management or general business operations of the employer or the employer’s customers; and
• The employee’s primary duty includes the exercise of discretion and independent judgment with respect
to matters of significance.
This checklist should help document and validate the position meets these FLSA requirements
Performance Management For Your Human CapitalAlcott HR
In this well received webinar we will discuss the building blocks of performance management including the importance of defining expectations through job descriptions, policies and performance reviews. You will learn how to properly counsel and discipline employees, as well as when and how to terminate employment if necessary.
The "Professional Exemption' requires "Advanced Knowledge" which cannot be attained at the high school level. Requisite knowledge must be customarily acquired by a prolonged course of specialized intellectual study. In some subjects, however, the specialized intellectual study may be acquired by a combination of intellectual study and work experience. The salary test will also increase under "Final rule" anticipated to be published in 2016, going from $455/week to ~$970/week.
FLSA: Exempt or Not Exempt, That is the QuestionNexsen Pruet
This summary discusses the key points from a presentation on exemptions under the Fair Labor Standards Act (FLSA). The presentation covered:
- Trends in FLSA enforcement by the Department of Labor including more investigations.
- The exemptions for executive, administrative, professional, computer, and sales employees and the salary and duties tests for each.
- Common mistakes made by employers around misclassifying employees and improper salary deductions.
- Recent court cases related to applying the exemptions.
This document outlines organizational policies and procedures for a startup business. It discusses determining hiring requirements, classifying employees, writing employment contracts, developing work schedules, disciplinary policies, and important business milestones. It also defines policies, procedures, employment requirements, employee orientation and training processes, performance reviews, promotions, transfers, and separations from employment. Guidelines are provided for personnel records, timekeeping, attendance, ethics, hygiene, and disciplinary actions. Finally, it discusses developing a Gantt chart project schedule.
Recruiting, Hiring, and Compensation/BenefitsAna Ramos
Human resource management focuses on policies and procedures to maximize employee morale, motivation, and productivity. Key functions of HR management include recruiting, hiring, and compensation. When recruiting, nonprofits must cast a wide net within limited budgets. During hiring, it is important to properly onboard new employees and ensure a clear understanding of employment terms. Compensation considerations include market rates, organizational needs and priorities, and developing a compensation philosophy.
A change in an employee's employment status requires a personnel action by the Human Resources Department based on a request from the employee's department. Such requests should include the old and new employment information and the effective date of the change. The document then defines different types of employment statuses, such as full-time, part-time, probationary, and contract employees. It also discusses factors related to employee promotions, demotions, separations, and turnover. Mentoring, career counseling, and the administrative, operational and financial impacts of personnel changes are also covered.
changesinpersonnelstatus-131030003302-phpapp01.pdfReneil Tan
The document discusses various types of changes in employee status within an organization. A change in employment status is initiated through a request from the department to the HR department. Key types of employee status changes discussed include promotions, demotions, separations due to resignation or termination, and turnover. Factors that are considered for changes in status include performance reviews, potential ability, recommendations, seniority, and organizational restructuring. The processes of approving promotions, demotions, and terminations are also outlined.
The document provides guidance on determining if employees meet the executive exemption from overtime pay under the Fair Labor Standards Act. To qualify for the exemption, an employee must (1) earn a salary of at least $455 per week, (2) have management of a department or subdivision as their primary duty, (3) regularly supervise two or more employees, and (4) have authority to hire/fire or their recommendations are given significant weight. The document outlines tests for each of these criteria and provides an example job description of a COO that would likely meet the exemption.
On May 18, 2016, the Obama administration announced the publication of the U.S. Department of Labor’s final overtime rule under the Fair Labor Standards Act. The final rule, which will become effective December 1, 2016, is comprised of several key elements, outlined here by Tom Revnew.
The document discusses how ergonomics professionals can assist employers in providing reasonable accommodations under the Americans with Disabilities Act (ADA). Ergonomics professionals can help modify the work environment to allow employees with disabilities to perform essential job functions and enjoy equal employment benefits. This may involve identifying or designing assistive products, modifying existing products, or preventing injuries through ergonomic analysis specific to an individual's needs and mobility aids. The ADA requires employers to consider accommodations for qualified individuals unless it poses an undue hardship.
The document provides updates on various employment law topics from Lerch, Early & Brewer. It summarizes changes and guidance from the EEOC, DOL, CDC, OSHA, and other agencies. Key updates include the EEOC clarifying religious objections to vaccine requirements and COVID-19 as a disability; DC enacting COVID-19 vaccination leave; states restricting vaccine mandates; the CDC updating masking guidance; and OSHA announcing increased inspections at healthcare facilities.
Osh as new vaccine mandate and testing policy presentation 11-11-2021lerchearly
The much-anticipated OSHA Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate their employees be vaccinated or submit to testing was released on Thursday, November 4, and has already been temporarily suspended by a Federal Circuit Court of Appeals. On November 11, Lerch Early employment attorneys Julie Reddig, Michael Neary, and Nicole Behrman discussed the ETS.
Path Out of the Pandemic Employment Roundtable 2021-10-14lerchearly
President Biden announced a "Path Out of the Pandemic" plan with multiple requirements for employers, including that all federal employees and contractors be vaccinated. The plan also directs OSHA to require employers with 100+ employees to ensure their workforce is fully vaccinated or tested weekly. The presentation discusses the vaccine requirements for federal contractors and provides recommendations for private employers to develop vaccination policies in light of emerging mandates.
First and Foremosts September 2021 Presentationlerchearly
This document provides a summary of recent legal updates on vaccine mandates from a presentation by employment attorneys. It discusses President Biden's plan to require vaccination for federal employees, federal contractors, healthcare workers receiving Medicare/Medicaid funds, and private employers with over 100 employees. It also provides recommendations for employers on implementing a mandatory vaccination policy, including determining vaccination status, deciding what type of mandate to impose, addressing compensation issues, and handling accommodation requests.
First and Foremosts May 2021 Presentationlerchearly
This document provides a summary of legal updates covering COVID-19 related laws and policies, wage and hour laws, state and local employment laws, and Title VII from March 17, 2021 to May 19, 2021. Some key points include:
- Federal, state and local COVID-19 mask policies were updated based on new CDC guidance for fully vaccinated individuals.
- Several states including Maryland, Virginia and Washington D.C. lifted various COVID-19 restrictions.
- The DOL withdrew a rule defining independent contractors and will use multiple factor tests instead.
- Various new and amended laws were passed in Virginia related to overtime pay, minimum wage, protections for military members and individuals with disabilities.
- Maryland passed
What New and Small Businesses Need to Know: Contracts and Agreementslerchearly
This was the fourth in a series of online events co-presented by Lerch, Early & Brewer and the Innovation Station Business Incubator Powered by the Prince George's County Economic Development Corporation.
Managing Your Employees: What New and Small Businesses Need to Knowlerchearly
You’ve done the hard part (or so you thought): You’ve come up with a business idea, developed a plan, and raised the money to get your new company off the ground.
However, one of your next tasks, responsibly growing and managing your workforce, will present a set of different challenges. Whether you have five, 50, or hundreds of employees, business owners must take care to properly (and legally) take care of their workers (and that’s before considering the issues presented by COVID-19).
The ABCs of Business Formation: Setting Up Your Company for Successlerchearly
You’ve got a great new business idea. Your family and friends are full of encouragement and hope – and some of them have already pulled out their wallets wanting to get in as initial investors.
Before taking the money, you should stop, take a step back, and develop a plan for how you’re going to form, fund and operate your new business venture.
Employment Law and COVID 19 Chamber Chatlerchearly
Employers are likely to see an increase in COVID-19-related lawsuits as more and more people head back to work amid the lifting of coronavirus-related restrictions.
Moving the Economy Forward: Let's Get Regional Event 2019-06-21lerchearly
Montgomery and Prince George’s counties may be two separate entities but for each county to reach its full economic potential, increased collaboration between the two jurisdictions will be important. An obvious connection is the now-under-construction Purple Line, which will connect Bethesda and Silver Spring with College Park and New Carrollton. What more can Prince George’s and Montgomery counties do on a regional level to collectively attract the next big Amazon type deal? Our panel of County officials, economic development professionals and developers from both counties addressed this question and drilled down into the current economic development efforts of Montgomery and Prince George’s Counties.
Avoiding/Surviving Litigation: Best Practices for Nonprofitlerchearly
Best practices and tips for avoiding litigation, and if the unthinkable happens, making sure it doesn't detract from your ability to fulfill your organization's mission.
Launching Your Project Using Sophisticated Real Estate Development Strategieslerchearly
Get insights on essential tools to getting your project off the ground. Lerch Early's real estate attorneys will present four sessions focusing on Structuring Mixed-Use Projects, Tax Credit Financing 101 for Development Projects, Making Your Ground Lease Financeable, and Tax Deferred Exchanges Using Condemnation Proceeds.
Terry and Larry discuss a potential deal for Terry's shopping center. Terry wants exclusive use rights and co-tenancy protections, which Larry acknowledges asking a lot but thinks they can work out. The document provides contact information for Lerch, Early & Brewer, a law firm that can provide landlord tips for negotiating with national tenants.
understanding and preventing sexual and other unlawful harassment 2018 01-26lerchearly
What unlawful harassment is and is not; When, why, and between whom harassment can occur; Why all employers, regardless of size, need to understand and take appropriate measures to address this issue now more than ever; The importance of harassment training for all employees; What issues should be covered for training to be effective; The importance of understanding the related issues of bullying, tolerance, diversity and professionalism; Practical and cost-efficient measures employers should take to prevent harassment claims (including creating/updating handbook policies); The extraordinary costs (i.e., financial, reputational, legal, and otherwise) associated with harassment and a work environment that is perceived to be unprofessional and intolerant; Related insurance issues; and Strategies for defending harassment claims if they are made.
Negotiating Key Landlord and Tenant Lease Provisionslerchearly
Landlord Tips for Negotiating 3 Big Lease Issues with National Tenants: Continuous operation vs going dark, Co-tenancy: Opening and ongoing, use exclusives and use restrictions
Tenant Tips for Negotiating 3 Big Build-out Issues: Critical Dates in a Lease, Tenant Improvement Allowance, Build to Suit/Turn key
The New SBA SOP 50 10 5 j by lerchearly 2017 12-06 2776434 1lerchearly
Lerch Early's lending attorneys share insights into the new SBA SOP, including
New Equity Injection Requirements for Business Acquisitions and Start- Ups
Expansion of EPC/OC eligibility
SBA Express Line of Credit Maturities and Term Out Requirements
Guidance on the SBA regulations concerning affiliation based upon management of a borrower
Issues related to agreements between Lender Service Providers and lenders
New procedures for borrowers with franchise, dealer, jobber and similar agreements
B2B payments are rapidly changing. Find out the 5 key questions you need to be asking yourself to be sure you are mastering B2B payments today. Learn more at www.BlueSnap.com.
Part 2 Deep Dive: Navigating the 2024 Slowdownjeffkluth1
Introduction
The global retail industry has weathered numerous storms, with the financial crisis of 2008 serving as a poignant reminder of the sector's resilience and adaptability. However, as we navigate the complex landscape of 2024, retailers face a unique set of challenges that demand innovative strategies and a fundamental shift in mindset. This white paper contrasts the impact of the 2008 recession on the retail sector with the current headwinds retailers are grappling with, while offering a comprehensive roadmap for success in this new paradigm.
Structural Design Process: Step-by-Step Guide for BuildingsChandresh Chudasama
The structural design process is explained: Follow our step-by-step guide to understand building design intricacies and ensure structural integrity. Learn how to build wonderful buildings with the help of our detailed information. Learn how to create structures with durability and reliability and also gain insights on ways of managing structures.
Recruiting in the Digital Age: A Social Media MasterclassLuanWise
In this masterclass, presented at the Global HR Summit on 5th June 2024, Luan Wise explored the essential features of social media platforms that support talent acquisition, including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok.
Discover timeless style with the 2022 Vintage Roman Numerals Men's Ring. Crafted from premium stainless steel, this 6mm wide ring embodies elegance and durability. Perfect as a gift, it seamlessly blends classic Roman numeral detailing with modern sophistication, making it an ideal accessory for any occasion.
https://rb.gy/usj1a2
At Techbox Square, in Singapore, we're not just creative web designers and developers, we're the driving force behind your brand identity. Contact us today.
Taurus Zodiac Sign: Unveiling the Traits, Dates, and Horoscope Insights of th...my Pandit
Dive into the steadfast world of the Taurus Zodiac Sign. Discover the grounded, stable, and logical nature of Taurus individuals, and explore their key personality traits, important dates, and horoscope insights. Learn how the determination and patience of the Taurus sign make them the rock-steady achievers and anchors of the zodiac.
Top mailing list providers in the USA.pptxJeremyPeirce1
Discover the top mailing list providers in the USA, offering targeted lists, segmentation, and analytics to optimize your marketing campaigns and drive engagement.
Storytelling is an incredibly valuable tool to share data and information. To get the most impact from stories there are a number of key ingredients. These are based on science and human nature. Using these elements in a story you can deliver information impactfully, ensure action and drive change.
Navigating the world of forex trading can be challenging, especially for beginners. To help you make an informed decision, we have comprehensively compared the best forex brokers in India for 2024. This article, reviewed by Top Forex Brokers Review, will cover featured award winners, the best forex brokers, featured offers, the best copy trading platforms, the best forex brokers for beginners, the best MetaTrader brokers, and recently updated reviews. We will focus on FP Markets, Black Bull, EightCap, IC Markets, and Octa.
Unveiling the Dynamic Personalities, Key Dates, and Horoscope Insights: Gemin...my Pandit
Explore the fascinating world of the Gemini Zodiac Sign. Discover the unique personality traits, key dates, and horoscope insights of Gemini individuals. Learn how their sociable, communicative nature and boundless curiosity make them the dynamic explorers of the zodiac. Dive into the duality of the Gemini sign and understand their intellectual and adventurous spirit.
Industrial Tech SW: Category Renewal and CreationChristian Dahlen
Every industrial revolution has created a new set of categories and a new set of players.
Multiple new technologies have emerged, but Samsara and C3.ai are only two companies which have gone public so far.
Manufacturing startups constitute the largest pipeline share of unicorns and IPO candidates in the SF Bay Area, and software startups dominate in Germany.
1. The FLSA’s “White
Collar” Exemptions
(It only seems as if “FLSA”
means the “For Lawyers’
Security Act.”)
Richard G. Vernon
Lerch, Early & Brewer, Chtd.
www.lerchearly.c May 1, 2012
om