GW Human Resources provides F.U.N. Slides (Facts Understood Now Slides) on Human Resources & HR Compliance. F.U.N. Slides on FLSA. http://gwhumanresources.com/slides/
On June 30, The U.S. Department of Labor issued long-awaited proposed changes to overtime pay rules. If implemented, the proposed rule would increase the minimum salary for exempt status and make millions more workers eligible for overtime. This article explains the current requirements, as well as the path the proposed rule needs to take in order to become a final rule that could go into effect in 2016 or later.
Compliance with New DOL Regulations re Oil & Gas White-Collar Overtime Exempt...Marcellus Drilling News
A handy guide from the lawyers at K&L Gates to help companies in the oil and gas space with compliance for draconian new regulations issue by the Obama Dept. of Labor on May 18, 2016. Companies have until Dec. 1, 2016 to begin compliance. Essentially the DOL doubled the minimum salary level for white collar employees, meaning many more employees who work over 40 hours a week, even though white collar, must now be paid overtime.
Underpayment of wages is not a new phenomenon. However, the recent proliferation of what is being called
wage theft is occurring across a range of occupations, labour market segments and
business models.
Employers who underpay workers could be forced to name and shame themselves with public signs admitting their wage theft as part of industrial relations reforms Attorney-General Christian Porter is considering.
Businesses which fail to prevent wage underpayment could also be banned from hiring migrant workers for a period of time, and company directors disqualified from holding office.
This presentation addresses employee benefit plan exposure arising from employer use of a contingent workforce. Included is a discussion of employer liability arising from use of independent contractors to avoid or minimize ACA's "play or pay" coverage requirements.
The first part begins with the discussion about “why LCA is silent on overtime compensation, OR, in the alternative, whether employers employing H-1B workers are required to pay overtime compensation” by providing a basic background about the H-1B visas and the Fair Labor Standards Act (FLSA) and its related regulations. Part II of the article explores the question of “why H-1B employees are usually treated as an “exempt employee” under the FLSA”. Finally, Part III will build on the Part II discussion and will also examine the situations involving H-1B employees working in occupation(s) that usually do not require an advanced specialized
20 Factor Test Employee Or Sub Contractordmaaskant
This document gives greater detail on the 20 Factors the IRS and other taxing agencies use during an audit. Much more clear than the IRS publication, but note - not published by the IRS.
Are you classifying your workers correctly? There are times when you must pay someone as an Employee, and times when you can pay them as an Independent Contractor. Learn the differences so you don't run afoul of IRS rules!
Are you classifying your workers correctly? There are times when you must pay someone as an Employee, and times when you can pay them as an Independent Contractor. Learn the differences so you don't run afoul of IRS rules!
On June 30, The U.S. Department of Labor issued long-awaited proposed changes to overtime pay rules. If implemented, the proposed rule would increase the minimum salary for exempt status and make millions more workers eligible for overtime. This article explains the current requirements, as well as the path the proposed rule needs to take in order to become a final rule that could go into effect in 2016 or later.
Compliance with New DOL Regulations re Oil & Gas White-Collar Overtime Exempt...Marcellus Drilling News
A handy guide from the lawyers at K&L Gates to help companies in the oil and gas space with compliance for draconian new regulations issue by the Obama Dept. of Labor on May 18, 2016. Companies have until Dec. 1, 2016 to begin compliance. Essentially the DOL doubled the minimum salary level for white collar employees, meaning many more employees who work over 40 hours a week, even though white collar, must now be paid overtime.
Underpayment of wages is not a new phenomenon. However, the recent proliferation of what is being called
wage theft is occurring across a range of occupations, labour market segments and
business models.
Employers who underpay workers could be forced to name and shame themselves with public signs admitting their wage theft as part of industrial relations reforms Attorney-General Christian Porter is considering.
Businesses which fail to prevent wage underpayment could also be banned from hiring migrant workers for a period of time, and company directors disqualified from holding office.
This presentation addresses employee benefit plan exposure arising from employer use of a contingent workforce. Included is a discussion of employer liability arising from use of independent contractors to avoid or minimize ACA's "play or pay" coverage requirements.
The first part begins with the discussion about “why LCA is silent on overtime compensation, OR, in the alternative, whether employers employing H-1B workers are required to pay overtime compensation” by providing a basic background about the H-1B visas and the Fair Labor Standards Act (FLSA) and its related regulations. Part II of the article explores the question of “why H-1B employees are usually treated as an “exempt employee” under the FLSA”. Finally, Part III will build on the Part II discussion and will also examine the situations involving H-1B employees working in occupation(s) that usually do not require an advanced specialized
20 Factor Test Employee Or Sub Contractordmaaskant
This document gives greater detail on the 20 Factors the IRS and other taxing agencies use during an audit. Much more clear than the IRS publication, but note - not published by the IRS.
Are you classifying your workers correctly? There are times when you must pay someone as an Employee, and times when you can pay them as an Independent Contractor. Learn the differences so you don't run afoul of IRS rules!
Are you classifying your workers correctly? There are times when you must pay someone as an Employee, and times when you can pay them as an Independent Contractor. Learn the differences so you don't run afoul of IRS rules!
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. In addition, the employer must attest that it is offering, and will offer, during the period of H-1B employment the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; OR (2) the prevailing wage level for the occupational classification in the area of employment.
HKP is your comprehensive workforce solution offering a menu of solutions from one provider. HKP’s total human capital management solution, iSolved, has all of your HR and benefits management needs covered. For More Details Visit: https://www.hkpayroll.com/
Staff Management: The Care and Keeping of Your Principal's EstateINGUARD
How to run an estate like a business. This free staff management ebook offers tips on:
• How to assess staffing needs and recruit domestic personnel.
• What legal and tax regulations are required for employers
• Why risk management is a critical component of estate management.
In this webinar you will be able to understand purpose and definition of Fair Labor Standards Act. We will cover minimum wage and overtime requirements and exemptions. Ways to properly determine overtime eligibility as well as understanding the employer responsibilities under FLSA and learn best practices on defending against FLSA claims or lawsuits.
Compliance HR Webinar: Working On OvertimeCHRJenn26
Preparing for DOL's Changes To The FLSA Overtime Regulations
Slides by:
Lori Brown, President, ComplianceHR &
Tammy McCutchen, Vice President & Managing Director, Strategic Solutions for ComplianceHR, principal at Littler, and former Administrator of the U.S. Department of Labor’s Wage and Hour Division.
HR Compliance is critical for small business owners. It is predicted that 90% of all small businesses are out of compliance. This presentation delivered which has been delivered by Gary Wheeler to several groups illustrates key compliance areas to correct.
How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...Carlton Fields
• What revamped DOL regulations regarding overtime pay and the white-collar exemptions could mean for how employers evaluate and classify exempt jobs;
• The most likely job classifications/duties that could spark scrutiny by the DOL and the courts—now and going forward—for overtime exemption misclassifications;
• Practical tips for how to tell if employer’s exemption classifications are in need of an overhaul under current FLSA regulations;
• The legal risks of designating employees as independent contractors and recent cases illustrating the key trouble spots that could lead to costly lawsuits and settlements; and
• How to evaluate and reduce liability related to payroll policies, including best practices for ramping up audits of overtime exemption and independent contractor classifications.
This presentation explains the distinction between independent contractors and employees and advises employers how to avoid the costly errors of misclassifying employees as contractors.
What is FLSA?
Fair Labor Standards Act (FLSA) :
Sets standards for minimum wage and overtime pay.
Establishes record keeping standards.
Prescribes child labor standards.
FLSA does not regulate:
vacation, holiday, severance, or sick pay.
meal or rest periods, holidays off, or vacations.
premium pay for weekend or holiday work.
pay raises or fringe benefits.
discharge, termination, or final payment procedures.
Exempt and Non-exempt Employees
Exempt employees- Employees who meet one of the FLSA exemption tests and who are paid on fixed salary basis, not entitled to overtime.
Non-exempt employees- Employees who do not meet any of the FLSA exemption tests and are paid on hourly basis and are covered by wage and hour laws regarding minimum wage, overtime pay and hours worked.
Test for Exemption
To qualify for exemption, employees must meet certain tests regarding their:
Salary Level:
minimum salary level required for exemption is $455 per week
Job Duties- Categories of Exemption:
Executive Employees
Administrative Employees
Professional Employees
Outside Sales Employees
Computer Employees
Independent Contractors
FLSA does not cover independent contractors. Therefore, its important to learn to distinguish between an independent contractor and an employee.
The Supreme Court considers the following factors significant in determining an employee’s role versus that of an independent contractor:
the extent to which the worker's services are an integral part of the employer's business.
the permanency of the relationship.
the amount of the worker's investment in facilities and equipment.
the nature and degree of control by the principal.
the worker's opportunities for profit and loss.
the level of skill required in performing the job and the amount of initiative, judgment, or foresight in open market competition with others required for the success of the enterprise.
Want to learn more about FLSA, its requirements and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links:
Fair Labor Standards Act: Are Your Employees Classified Correctly?
The In's and Out's of FLSA
How to Conduct FLSA Classification Self-Audit
Avoiding Costly Wage and Hour Problems
How to Pay Overtime Correctly under FLSA
Handling Supplemental Pay Under the FLSA
For more Details Visit us at:http://www.complianceonline.com/classifying-employees-under-flsa-webinar-training-703602-prdw?channel=flsappt
What keeps-a-professional-in-human-resources-up-at-nighthumresource
Being sued for FLSA violations is getting easier by the day. And with a majority of the workforce classified as non-exempt (hourly workers subject to overtime payments), it's crucial to know the ins and outs of the law. Companies that don't are sitting ducks for costly lawsuits. Most lawsuits are caused by small errors made by well-intentioned companies trying their best to navigate this complicated statute.
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
Handout for Session I - Current Trends in Government Investigations
These are the slides from a presentation I made at the 2011 HRO Summit in Singapore on the 12th of May. The information will be interesting to any HR Leader with responsibility for HR Compliance in the APAC region.
The first of its kind, this seminar is held to provide participants with information and knowledge regarding a constructive dismissal where employee resigns as a result of the employer creating a hostile work environment.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. In addition, the employer must attest that it is offering, and will offer, during the period of H-1B employment the greater of: (1) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; OR (2) the prevailing wage level for the occupational classification in the area of employment.
HKP is your comprehensive workforce solution offering a menu of solutions from one provider. HKP’s total human capital management solution, iSolved, has all of your HR and benefits management needs covered. For More Details Visit: https://www.hkpayroll.com/
Staff Management: The Care and Keeping of Your Principal's EstateINGUARD
How to run an estate like a business. This free staff management ebook offers tips on:
• How to assess staffing needs and recruit domestic personnel.
• What legal and tax regulations are required for employers
• Why risk management is a critical component of estate management.
In this webinar you will be able to understand purpose and definition of Fair Labor Standards Act. We will cover minimum wage and overtime requirements and exemptions. Ways to properly determine overtime eligibility as well as understanding the employer responsibilities under FLSA and learn best practices on defending against FLSA claims or lawsuits.
Compliance HR Webinar: Working On OvertimeCHRJenn26
Preparing for DOL's Changes To The FLSA Overtime Regulations
Slides by:
Lori Brown, President, ComplianceHR &
Tammy McCutchen, Vice President & Managing Director, Strategic Solutions for ComplianceHR, principal at Littler, and former Administrator of the U.S. Department of Labor’s Wage and Hour Division.
HR Compliance is critical for small business owners. It is predicted that 90% of all small businesses are out of compliance. This presentation delivered which has been delivered by Gary Wheeler to several groups illustrates key compliance areas to correct.
How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Lia...Carlton Fields
• What revamped DOL regulations regarding overtime pay and the white-collar exemptions could mean for how employers evaluate and classify exempt jobs;
• The most likely job classifications/duties that could spark scrutiny by the DOL and the courts—now and going forward—for overtime exemption misclassifications;
• Practical tips for how to tell if employer’s exemption classifications are in need of an overhaul under current FLSA regulations;
• The legal risks of designating employees as independent contractors and recent cases illustrating the key trouble spots that could lead to costly lawsuits and settlements; and
• How to evaluate and reduce liability related to payroll policies, including best practices for ramping up audits of overtime exemption and independent contractor classifications.
This presentation explains the distinction between independent contractors and employees and advises employers how to avoid the costly errors of misclassifying employees as contractors.
What is FLSA?
Fair Labor Standards Act (FLSA) :
Sets standards for minimum wage and overtime pay.
Establishes record keeping standards.
Prescribes child labor standards.
FLSA does not regulate:
vacation, holiday, severance, or sick pay.
meal or rest periods, holidays off, or vacations.
premium pay for weekend or holiday work.
pay raises or fringe benefits.
discharge, termination, or final payment procedures.
Exempt and Non-exempt Employees
Exempt employees- Employees who meet one of the FLSA exemption tests and who are paid on fixed salary basis, not entitled to overtime.
Non-exempt employees- Employees who do not meet any of the FLSA exemption tests and are paid on hourly basis and are covered by wage and hour laws regarding minimum wage, overtime pay and hours worked.
Test for Exemption
To qualify for exemption, employees must meet certain tests regarding their:
Salary Level:
minimum salary level required for exemption is $455 per week
Job Duties- Categories of Exemption:
Executive Employees
Administrative Employees
Professional Employees
Outside Sales Employees
Computer Employees
Independent Contractors
FLSA does not cover independent contractors. Therefore, its important to learn to distinguish between an independent contractor and an employee.
The Supreme Court considers the following factors significant in determining an employee’s role versus that of an independent contractor:
the extent to which the worker's services are an integral part of the employer's business.
the permanency of the relationship.
the amount of the worker's investment in facilities and equipment.
the nature and degree of control by the principal.
the worker's opportunities for profit and loss.
the level of skill required in performing the job and the amount of initiative, judgment, or foresight in open market competition with others required for the success of the enterprise.
Want to learn more about FLSA, its requirements and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links:
Fair Labor Standards Act: Are Your Employees Classified Correctly?
The In's and Out's of FLSA
How to Conduct FLSA Classification Self-Audit
Avoiding Costly Wage and Hour Problems
How to Pay Overtime Correctly under FLSA
Handling Supplemental Pay Under the FLSA
For more Details Visit us at:http://www.complianceonline.com/classifying-employees-under-flsa-webinar-training-703602-prdw?channel=flsappt
What keeps-a-professional-in-human-resources-up-at-nighthumresource
Being sued for FLSA violations is getting easier by the day. And with a majority of the workforce classified as non-exempt (hourly workers subject to overtime payments), it's crucial to know the ins and outs of the law. Companies that don't are sitting ducks for costly lawsuits. Most lawsuits are caused by small errors made by well-intentioned companies trying their best to navigate this complicated statute.
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
Handout for Session I - Current Trends in Government Investigations
These are the slides from a presentation I made at the 2011 HRO Summit in Singapore on the 12th of May. The information will be interesting to any HR Leader with responsibility for HR Compliance in the APAC region.
The first of its kind, this seminar is held to provide participants with information and knowledge regarding a constructive dismissal where employee resigns as a result of the employer creating a hostile work environment.
Presentación sobre el crimen cibernético, con la finalidad de informar acerca del crimen, qué es, cuántos tipos existen y algunas cifras de las personas afectadas por esto, trabajo realizado para la materia de Desarrollo de Habilidades en el uso de la Tecnología, la Información y la Comunicación (DHTICS) en la Facultad de Derecho y Ciencias Sociales de la BUAP.
Presentation by Jim Redick, Director of Emergency Preparedness in Norfolk, VA. This presentation was given at the Natural Hazard Mitigation Association's annual Symposium held every July in Broomfield, Colorado.
Watch the presentation here: https://www.youtube.com/watch?v=4FJM1eV6VMo
HR compliance update is essential for keeping up with ever-changing laws and regulations. Start 2020 confident you can handle the questions from supervisors, employees, and corporate leaders about employment law changes.
On May 18, 2016, the U.S. Department of Labor (DOL) announced a final rule regarding overtime wage payment qualifications for the “white collar exemptions” under the Fair Labor Standards Act (FLSA).
The final rule increases the salary an employee must be paid in order to qualify for a white collar exemption. The required salary level is increased to $47,476 per year and will be automatically updated every three years. The final rule does not modify the duties test employees must meet to qualify for a white collar exemption.
Human Resource Compensation and Benefits.docxEssay Writers
1. What is the difference between exempt and nonexempt jobs? Explain according to the law.
2. Will the new 2020 overtime rule solve this manager's overtime problem? How much he will receive for the regular shift and overtime? Can he be considered for meal period leaves? Please, provide your calculations.
3. If you had been this manager, what argument might you have made, in 2019, that even though you were earning more than the then-minimum of $23,660 per year, you should not have been considered an exempt employee? Explain your answer.
4. Access relevant websites to determine what equitable pay ranges are for these jobs: chemical engineer, marketing manager, and HR manager, all with a bachelor's degree and 5 years of experience. Do so for the following cities: New York, New York; San Francisco, California; Houston, Texas; Miami, Florida. For each position in each city, what are the pay ranges and the average pay? Does geography impact the salaries of the different positions? If so, how?
pressure on wages.
Research the unemployment rate and laws of your state. Write a summary detailing your state’s unemployment laws. Assuming Company X has a 30% rate of personnel terminations, calculate Company X’s unemployment tax rate in your state. Explain how you would go about minimizing Company X’s unemployment insurance tax.
Contractor or Employee? Exempt or Non-Exempt? Understanding the Distinctions ...ComplyRight, Inc.
A handful of high-profile cases -- and increased attention by the IRS and Department of Labor – has put worker classification in the spotlight. Now, more than ever, employers must be crystal clear on the differences between an employee and independent contractor, as well as exempt vs. non-exempt status.
In either case, misclassifying workers is a risk your business can’t afford to take. Federal and state agents are monitoring the situation more closely and cracking down with bigger fines and penalties. At the same time, wage and hour lawsuits are on the rise, with many “salaried” employees recognizing they are non-exempt in the eyes of the law -- and therefore owed overtime.
Protect yourself from costly misclassification mistakes and potential legal issues. Attend this timely webinar to learn:
- Factors that define the worker relationship, according to the IRS and Department of Labor
- Warning signs that your contractor is actually an employee under the law
- What determines exempt vs. non-exempt status (Hint: Job title has nothing to do with it.)
- Steps to take if a worker is misclassified
Implementing the Overtime Regulations: 5 Steps to Controlling CostsCBIZ, Inc.
New overtime regulations were unveiled by the U.S. Department of Labor (DOL) dramatically impacting which employees can be classified as exempt or nonexempt, and therefore due overtime for any hours worked more than 40 in a workweek. Employers must comply with the changes by December 1, 2016.
Mandatory Employee Leave: An In-Depth Analysis of State and Local LawsComplyRight, Inc.
Did you know that numerous states and cities have passed laws granting leave for workers to address certain health and family-related issues? And that many local governments mandate paid time off for being sick? Requiring employers to provide time off for employees is a growing trend, and it shows no signs of slowing down.
Mainly due to inaction at the federal level, many states and local governments have stepped up to grant employees time off in specific circumstances. These laws vary greatly from how much leave is allowed, how the time off is accrued, when employees can begin to use leave, and if the time can be carried over from year to year.
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.
New and Proposed Regulations: A timely discussion of recently issued and proposed regulations and their impact on employers, including the FLSA "white collar" exemptions, independent contractor misclassification, and the EEOC's new interpretation of Title VII.
Employee Leaves of Absence: A high-level discussion of the issues surrounding employees' extended absences, including a survey of jurisdictions with mandated paid leave and a detailed discussion of the EEOC's position with respect to extended leave as a reasonable accommodation.
FMLA: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA, the ADA and other applicable laws and regulations.
Employee Leaves of Absence: A high-level discussion of the issues surrounding employees' extended absences, including a survey of jurisdictions with mandated paid leave and a detailed discussion of the EEOC's position with respect to extended leave as a reasonable accommodation.
FMLA/ADA: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA, the ADA and other applicable laws and regulations.
New and Proposed Regulations: A timely discussion of recently issued and proposed regulations and their impact on employers, including the FLSA "white collar" exemptions, independent contractor misclassification, and the EEOC's new interpretation of Title VII.
As a HR professional, one of your core responsibilities is the leave management process. Your role is to manage and motivate employees to give their best productivity levels to the company. Giving employees leaves is one factor that helps them recharge their batteries.
You are wondering where you will start. Well, you have come to the right place to guide you about the leave management process. We will try to give you a glimpse of the activities that an HR must perform for hassle-free leave function.
Type of Leaves
Your first task is to classify all the types of leaves the employees are entitled to. Thus, you will have a clear view of the steps to take ahead. These leaves are state-ordained, which means they have statutory compliance behind them. Therefore, you must keep a tab on them to avoid penalties.
Great Questions and Answers from DOL's Overtime Exemption Webinar 5/26/2016Robson Baker
The Overtime Exempt Webinar from the DOL has offered a follow-up to the many questions that were asked during the presentation. Please take a look and review.
Similar to F.U.N. slides Fair Labor Standards Act (FLSA) (20)