HR White Paper Archive
Fair Labor Standards Act (FLSA)-related topics
- The True Value of Salary Surveys
At this time of the year many Human Resource professionals are being contacted to participate in salary surveys. There is generally the feeling of dread at this request. We will discuss the many reasons why it is important for an organization to participate in two or three salary surveys per year.
- 10 Common FLSA Mistakes Employers Make Regarding Nonexempt Employees
While it's important to ensure that exemption rules are properly implemented, don't forget about the rules surrounding your nonexempt employees.
- Advice Regarding Exempt Employees Salaries And Discipline
Recently Department of Labor (DOL) issued two interesting letters regarding deducting damages from exempt employees ’ salaries and requiring exempt employees to work a certain schedule or make up hours.
- FLSA Challenge, Part I
Are You Violating the FLSA? Take this challenge!
- FLSA Challenge, Part II
Are You Violating the FLSA? Take this challenge!
- Hurricanes & Reporting Pay
A significant issue for employers and employees is business closure and paying staff during this down time. Read the paper to find out how to handle paying employees because of bad weather, power outages, or other emergencies.
- The FLSA — Are You Correctly Classifying Your Computer Employees As Exempt or Nonexempt?
Applying the Fair Labor Standards Act (FLSA) exemption tests to determine who must be paid overtime is difficult, sometimes frustrating.This paper focuses on issues to consider to correctly classify computer employees as exempt or nonexempt.
- Are you FLSA Vulnerable?
The new Fair Labor Standards Act (FLSA) regulations, which became effective August 2004, redefined and updated the "white collar exemptions." Read the paper to review some of the biggest pitfalls for employers.
- Key Elements in DOL's New "Fair Pay" Overtime Rules For White Collar Exemptions
On April 20, 2004 the Department of Labor (DOL) finally issued its long-awaited revised regulations that define the Executive, Administrative, Professional, Computer, and Outside Sales exemptions under the Fair Labor Standards Act (FLSA).
- Cars, Trains and Planes: When Do You Have To Pay For Travel Time?
Must employees be paid for travel time? It seems like a simple question but as with most things involving the federal Fair Labor Standards Act (FLSA) nothing is simple or necessarily intuitive.
- Communicating Salary Budget Recommendations to the C-Suite
Compensation strategy is a key component of any organization’s compensation program. In order to make a salary budget recommendation, one of the first considerations is to ensure the executive team knows and understands the organization’s compensation strategy.
- Total Compensation Statements
During the past twenty years, total compensation statements made their appearance in the workplace. Whether they were called employee benefit statements, hidden paycheck statements, or most recently total reward statements, the purpose is to show true compensation value to employees. Surveys indicate that benefit premiums continue to increase, and many employers plan to increase salaries minimally.
- What Is Your Compensation Philosophy?
If you have ever been a student in an Ethics class, you have probably explored the question “What is your philosophy of life?” In response, you may have had to ponder the question and pause while you gathered all the pieces that merge into the development of your personal philosophy. It is a big query which oftentimes generates more questions in the process of arriving at an answer.
- Case Studies in Affirmative Action
When the words “affirmative action” are uttered, many preconceived ideas may come to mind. Some people may think of quotas, others may think of reverse discrimination. Getting past preconceived ideas is one of the biggest challenges in learning about affirmative action. Why is that?
- Effective Interviewing Guide
Employee turnover is one of the high costs of doing business for any organization. According to the most recent Bureau of Labor Statistics information, employees who voluntarily terminate from their positions account for nearly half of all separations.
- Management Lessons from Obama?
President Obama’s leadership style may have been examined and discussed more closely than any other new resident of the White House.
- 30 Good Interview Questions
Using possible interview questions not only makes your job easier but makes the interview process much more effective.
- Employee Background Checks
Do you know who is working for you? This White Paper focuses on ways to discover more about your employees.
- Have You Been Googled Lately?
Do you know what a simple search query of your name in that cute and colorful Google search box will reveal about you to a potential boss, college recruiter, or in-law?
- Reference Checking Keys
The question really isn't "should" you check references but "how." This document summarizes a few keys to consider in the process.
- Rent an Expert
All organizations, large and small, face major employment related issues daily. Any substantive mistakes in benefit and compensation administration, hiring, firing, and performance issues can cause major employee issues and could possibly be the motivation for employment related litigation. Organizations need advice when they face complex issues.
- Who You Know Matters Under The ADA
A little known provision of the Americans with Disabilities Act (ADA) protects applicants and employees from discrimination because of their known relationship or association with people with disabilities.
- Training Managers for Success
Picture yourself traveling to a foreign country. Having planned well-ahead, you have finally reached your desired destination and what a beautiful sight it is! You have accomplished a hard-earned goal! Now that you are where you have always wanted to be, you realize there are some things to which you must give your full attention.
- Employment Law Training For Employees and Managers
In the past, employee legal training was generally limited to sexual harassment workshops. More extensive employment law training, if offered at all, was provided to senior managers. Recent court decisions, an explosion of employee lawsuits, and increasingly complex workplace regulations are changing that. More organizations are recognizing that employment law training at all levels of the company makes good business sense and hopefully acts as preventative insurance against potential costly legal nightmares down the road.
- Drafting a Social Networking Policy
The last ten years has seen a revolution in how people communicate with each other. Social networking, which includes use of Internet forums, blogs, wikis, LinkedIn, Facebook, MySpace, YouTube, Twitter, Flickr, and the list goes on and on, has changed the world. As with most social transformations, this one affects the workplace as well.
- Why You Should Care About the NLRA
Considering the number of articles floating around lately, it seems natural to conclude that the National Labor Relations Board (NLRB) is the only thing making headlines in the world of HR.
- Five Common FMLA Mistakes
The Family and Medical Leave Act (FMLA) is difficult for even the most experienced HR person to administer. There are many pitfalls and opportunities to make mistakes. This article explores five common mistakes.
- Do You Have Proper Workplace Posters
No one would claim that posting required workplace notices does anything to beautify your surroundings. However, various State and Federal legislations require numerous posters involving employee rights be displayed in order to comply with legal regulations.
- 13 Employee Handbook Mistakes
Handbooks are great communication tools, help ensure fair treatment of employees, and can reduce litigation risk. They can also hang you if done poorly.
- 15 Compensation Mistakes That Can Provide You The Opportunity To Make Friends With The Federal Depar
Paying employees is not as simple as it appears. Complex federal and state laws and regulations govern compensation practices.
- 2006 HR Developments & What To Look For In 2007
As we start a new year it’s probably a good time to review developments in 2006 and make sure that you’ve integrated applicable ones into your policies and practices. This document highlights a few selected federal developments.
- 2005 HR Developments
This document highlights a few selected federal developments.
- 2008 ADA Changes
Congress has passed the The ADA Amendments Act of 2008. The Act, which received final Congressional approval on September 17, will significantly expand coverage of the Americans with Disabilities Act.
- How Will Healthcare Reform Impact Employers?
After a year of rancorous debate the Patient Protection and Affordable Care Act has been signed into law. At this time, the Senate has yet to act on a smaller “Reconciliation Bill” which will make some minor changes to the Act. That is expected to pass. Additionally, a few attorneys general intend to challenge the law.
- How’s Your Knowledge of the ADA Amendments and Proposed Regulations?
The Americans with Disabilities Act Amendments Act (ADAAA) of 2008 took effect on January 1, 2009.
- Top Ten Hot Issues In Employment Law - 2008
As always there is a lot going on in the world of employment law, so there’s a lot to choose from when you’reconstructing a top ten list. Many good list candidates are lurking out there.
- Cancer In The Workplace
The EEOC has released a publication that addresses employment rights of people with cancer; a few of these issues are discussed in this whitepaper.
- Employee Handbook Review
Is Your Employee Handbook Legal, Current, Effective?
- Employment Law Training For Employees And Managers
Organizations are recognizing that employment law training at all levels of the company makes good business sense.
- Hearing Loss And The Americans With Disabilities Act
The Equal Employment Opportunity Commission’s (EEOC) publication, “Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act (ADA),” addresses an issue that impacts many organizations; a few guidelines are discussed in this whitepaper.
- How To Get Sued
A few simple, easy to implement practices can increase the odds that an employee will sue you.
- Have You Addressed These Key HR Issues?
Human resource professionals have a never ending list of “basic and critical” issues that must be addressed and reviewed periodically to reduce litigation risks and keep things running smoothly. Of late, the following items seem to be of greater concern to our clients. How are you doing on them?
- ?4U: R UR HR POL N PRAC GR8
A recent U.S. Court of Appeals case had a little something for everyone. It included elements of sex, the police, charges of illegal searches, privacy, new and old fashioned technology, and garden variety HR practices.
- Is Your Employee Handbook, Legal, Current & Effective?
Well-written and up-to-date employee handbooks inform employees of important policies, rules, company standards, and rights. They also can help prevent harassment and other forms of discrimination in the workplace or, if necessary, strengthen the company’s defense should an employee complaint be filed.
- Conducting an HR Audit
Do you know whether your Human Resource practices are helping, hindering or having little impact on what your company is trying to accomplish? Organizations routinely conduct internal and external audits of their accounting function. The audit evaluates company practices against industry standards and legal and regulatory requirements.
- Urgent Update - New COBRA Amendments Require Immediate Action!
The massive American Recovery and Reinvestment Act of 2009 (the federal “stimulus law”), signed into law on February 17th includes a lot of federal spending dollars and tax cuts. It also includes a COBRA provision that significantly impacts most employers. Basically, it’s time to forget what you are doing and figure out how the COBRA subsidy provision will affect you and what you are going to do about it. This really does necessitate urgent action by organizations. The following are some of the key provisions of the new law. You’ll need to do further research or contact a relevant professional for more details.
- Compensation Audit Issues
An organization's accounting practices are periodically audited to make sure that there are no mistakes and that all required legal guidelines have been followed. Your HR practices are no different.
- Do You Have the Proper Posters
No one would claim that posting required workplace notices does anything to beautify your surroundings. However, various State and Federal legislation require numerous posters involving employee rights be displayed in order to comply with legal regulations.
- Employee Computer Abuse: New Remedy
An understanding of the Computer Fraud and Abuse Act (CFAA) and implementing workplace communication policies are critical in protecting key business assets.
- Is That Cupid Hiding Behind That Cubicle? Dealing with Workplace Romances
Valentine’s Day can make an HR person’s heart flutter with thoughts of candy, Cupid, and cookies. Or, maybe that’s a misdiagnosis.
- New FMLA Leave
On January 28th President Bush signed into law a defense authorization bill (H.R. 4986) which amends the Family and Medical Leave Act. Among other things, the new law expands FMLA leave to assist military service members and their families.
- It’s Time for GINA and a New Poster
The Genetic Information Nondiscrimination Act (GINA) becomes effective on November 21, 2009. The Act protects applicants and employees from discrimination based on genetic information.
- Independent Contractor Classifications Issues Coming Under Greater Scrutiny
The independent contractor “issue” has become more visible in the last year, as there seems to be growing momentum for Congress to act to stem abuses. Several states have also taken action to apply pressure to companies to revisit their classifications. It’s a subject that will likely see even more attention in the future. Legislators have heard an increasing number of complaints about misclassifications, and governments are looking for more revenue.
- Mortgage Loan Officer Doesn't Meet Administrative Excemption
As if your HR world isn’t perplexing enough, the Department of Labor (DOL) has abandoned its former position (Opinion Letter, FLSA 2006-31) that mortgage loan officers could potentially qualify as exempt employees under the Administrative test of the Fair Labor Standards Act.
- You Need a New I-9 Form
The U.S. Citizenship and Immigration Services (USCIS)recently announced that a new Employment Eligibility Verification Form (I-9) is available for use.
- Looking Ahead at 2014 Workplace Trends - Human Resources Professionals Next Challenges
The closing of one year and transitioning to the next always presents a conundrum for HR professionals. While many processes stay the same from one year to the next, like onboarding and open enrollment, many things change. Those areas that change are hugely unknown, until more information is available. It can be likened to viewing a painting on a wall across the room. You know it is beautiful and as you get closer and see the detail of the subject and the painter’s careful brush strokes, you then come to appreciate its artistic and monetary value.
- Presenting Salary Budget Recommendations - Enhancing Your Salary Budget with Merit Planning
The compensation strategy should align with the organization’s overall mission, business goals, and objectives. Today’s compensation packages encompass pay, benefits, and work-life balance and the compensation strategy should be designed to implement and administer the compensation program to deliver these packages to your employees.
- Making Managers More Effective - Creating a Strategic Focus
Have you ever set a goal at the beginning of the year only to have it slip away, forgotten by February? We all have. Our intentions are good but for many reasons they just don’t remain a focus. Even companies fall into this habit at times. They create a set of objectives or strategies that are meant to guide and define the performance of their organization. Again – good intentions but somewhere between the setting and the doing, the message can get lost.
- Workplace Bullying - Is it the Next Employment Law Nightmare?
Maybe you thought it was just an oversight that you weren’t included in the lunch outing by others in your department. Then you later learn that one of your coworkers used the lunch outing as an opportunity to criticize you about everything - from the clothes you wear to your work habits. And later in the week, this same coworker takes credit at a staff meeting for a project you recently completed (knowing you don’t have the courage to speak up to dispute his statement).
- ‘Tis the Season for Company Parties: Avoiding legal issues while making the holidays enjoyable
The holidays are a festive time of year. I begin thinking about preparations for Thanksgiving and Christmas right around the time the kids are talking about trick-or-treating. The festive feeling generally goes for employers as well. A 2009 SHRM poll showed that more than 60 percent of employers planned to hold an end-of-year/holiday party for their employees.
- Do You “Like” Social Media in the Workplace?
Social media has become the norm for many individuals, businesses and organizations. It has become an acceptable and effective way to communicate with others who share similar interests and goals. According to a Nielsen* report, "State of the Media: The Social Media Report Q3 2011," Americans spend a considerable amount of their time on social networks. The report cites 22.5 percent of online time is spent on social networks and blog sites, while 9.8 percent is spent playing online games and 7.6 percent using email.
- Is My Market Survey Data Reliable? Critical Factors to Review
We all know that salary surveys are a key part of the process for making salary decisions. But do we really know how to determine if salary survey data is reliable? With the fairly recent access to salary data on the internet, there are even more reasons to question reliability of salary information which may be end up on your desk from coworkers.
- Who’s on Your Bench? A Step-by-Step Guide to Strategic Succession Planning
Strategic succession planning is a proactive, future-focused practice of identifying knowledge, skills, and abilities to perform specific functions and develop a plan to prepare multiple individuals to perform those functions. In its simplest definition, succession planning allows your organization to have the right individuals in the right place, at the right time.
- It's the Season for Summer Internship
A college student contacts you and asks to volunteer as a student intern in your marketing department during his summer break. He could help with some writing and administrative tasks and his price is definitely right.
- Emergency Closures and Paying Employees
Most employers, at some time, will have to deal with bad weather, power disruptions or other circumstances that may require closing business for a day or altering working hours. Following is a discussion on pay practices in such circumstances.
- Have You Implemented Changes Required By 2010 HR Developments?
We’re off and running in 2011. While the Republican majority in the House of Representatives will likely slow expansion of HR legislation on a federal level, we can continue to expect changes coming from regulatory agencies, the courts, and the states. But before we get too excited about what’s to come, have you addressed and implemented changes required by 2010 developments? A few of these federal changes are discussed below. Be sure to check your state laws as well.
- Laughter can be a Cure for Workplace Ills
On a national level, employee satisfaction, worker productivity and customer service continue to be priority items for managers, supervisors and human resource professionals. The challenge for most organizations is to achieve high levels of productivity and customer service, while maintaining a satisfied, motivated workforce. Not an easy task, but not impossible either.
- How to Know if You Have a Good Boss
Is your boss more like: Michael Scott(The Office)? Donald Trump (The Apprentice? Lou Grant (The Mary Tyler Moore show)? Jack Donaghy (30 Rock)? Dr. Kelso (Scrubs)? Mr. Burns (The Simpsons)? Gordon Gekko (Wall Street)? Or maybe Captain Kirk, Gordon Ramsey, George Steinbrenner, Don Vito Corleone, Dr. Cuddy or Dr. House?
- 2007 HR Developments and What To Look For in 2008
As we start a new year it’s a good time to review workplace developments of 2007 and make sure that you’ve integrated applicable ones into your policies and practices.
- Are you protecting your organization’s people and assets?
Recently, the Bureau of Labor Statistics found that 8% of organizations reported some type of workplace violence.
- Are You Securing Your Talent for an Economic Rebound?
According to the Bureau of Economic Research, the recession ended in June of 2009. I’m sure that many don’t believe it, especially individuals still trying to find work. History has shown that job creation will always lag behind the recession. When the recession ends, jobs come later.
- Congratulations! You're a Supervisor. Now What?
15 Tips for Becoming an Effective Supervisor or Manager.
- New USERRA Regulations. What Do You Know About Military Leave?
The long awaited Department of Labor (DOL) regulations interpreting the Uniformed Services Employment and Reemployment Rights Act (USERRA) have finally been issued. The regulations take effect on January 18, 2006 and attempt to clarify the DOL’s position and address some of the confusion among employers.
- Coaching to Greatness
Napoleon Hill, a nineteenth century writer is quoted as saying, “It is literally true that you can succeed best and quickest by helping others to succeed.”
- Off Duty Conduct: Balancing An Employer’s Needs With An Employee’s Right To Privacy
Workplace privacy issues are increasing dramatically and as you might expect related employee complaints and litigation are up as well. There must be a balance between an employer's needs and an employee's privacy rights. Where are these interests likely to collide in the workplace?
- Do You Need a Social Computer(networking) Policy
The last ten years has seen a revolution in how people communicate with each other. Social networking, which includes use of Internet forums, blogs, wikis, LinkedIn, Facebook, MySpace, YouTube, Twitter, Flickr, ZoomInfo has changed the world. As with most social transformations, this one affects the workplace as well.
- Social Networking in the Workplace
Welcome to the world of Web 2.0! If you find yourself wondering what the social networking world of Twitter, Facebook, MySpace and LinkedIn means for Human Resources, following are some things for you to consider
- Take This Job and Shove It… Or Should You?
Johnny Paycheck’s country song from1970’s, Take This Job and Shove It, probably expresses the feelings of a lot people who quit jobs or have left bosses they really disliked.
- Working: America's Answer To Taking A Vacation
If you are a manager or supervisor of staff, the surest sign that the summer season has arrived is the increase in employee vacation requests. So just how much vacation time do American workers take each year?
- Simple Actions That Pay Big HR Dividends
There are many things in human resources that are extremely complex, think ERISA, COBRA, FLSA, and FMLA.
- 15 Things Managers Do That Put The Company At Risk
Check this list to see if your managers are putting your company at risk.
- EEOC Guidelines Using Employee Medical Information
The Equal Employment Opportunity Commission (EEOC) allows employers to obtain and use information required for a company emergency evacuation plan. Read the paper for further information.
- Federal Military Leave
Has your company been affected?
- Fall Leaves, Football, and Voting Leave
Whether we like it or not the weather is changing, we’re being inundated with campaign ads, and Election Day is looming. Election Day also requires employers to dust off their voting leave policies.
- How to Get the Most out of Your HR Function in Tough Economic Times
The events of the last two years have been dizzying. Arguably, the Human Resource function has been impacted as much as any other corporate function. Whether it is planning and executing layoffs or just keeping up with the insane amount of legislative change, the demands on HR have certainly increased. At the same time, with companies facing intense economic pressure, HR departments increasingly find themselves being asked to do more, with less.
- Maximizing Leadership Development
It is a constant challenge to build the leadership capabilities in any organization. Rarely will organizations take a focused, proactive approach to building leadership. More often than not the approach is random and haphazard, and wastes resources. This paper suggests how to make the leadership development process more thoughtful and deliberate, and ultimately more effective.
- NLRA—Union Rules In A Non-Union Environment
Many non-union employers are surprised to learn that National Labor Relations Act requirements are frequently applicable in their workplaces. A few examples are included in this document.
- Non-Compete And Confidentiality Agreements
An increasing number of companies are addressing risks by developing (or enhancing) confidentiality policies and noncompete/confidentiality agreements.
- Non-Discriminatory Religious Practices And Tolerance In The Workplace
Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination and harassment based on religion. This document outlines a few actions that can be taken to promote non-discriminatory religious practices in the workplace.
- Protecting Company Knowledge And Confidential Information
An increasing number of companies are developing (or enhancing) confidentiality policies, non-compete/confidentiality agreements, and related HR procedures in an effort to ensure that company intellectual property remains such.
- The 2006 Election And HR
The November 7th election results were significant. A number of human resource-related issues were on the ballot. The longer range impact will be even greater as Democrats will control Congress. A few of the HR-related issues are discussed in this whitepaper.
- The Million Dollar Question
As the end of the year approaches, many of us in the business world are putting the finishing touches on our planning for 2013. Those of us who are really on top of it may even be able to consider it “strategic” in nature. Regardless of the size of company, division, department, or group to which you belong, chances are you’ve touched on some type of planning for the upcoming year. For HR managers this should be a good thing as we are the champions of the tangible and documentationable (yes, this is a made up word but every HR professional on this planet understands and appreciates what this is)! Having a Plan denotes organization, purpose, and direction while having a Strategic Plan conveys thought, vision, and leadership. But like most good things, it does not come without a wrinkle.
- Signs That Your Performance Appraisal System Isn't Working
Most organizations use some form of employee performance evaluation tool in their workplaces. However, many times appraisals or related processes are poorly designed or implemented.This white paper presents a few signs that an evaluation program isn’t working.
- Implementing An Automated Employee Performance Management Solution
So you are evaluating Internet-driven solutions to centralize and automate your company’s employee performance management (EPM) program? This whitepaper addresses some items to consider and presents a few signs that an evaluation program isn’t working.
- Keeping Your Feedback Job-Related and Legal
Remember that what you say "can and will be used against you." This white paper details ways to keep your employee comments legal, consistent, well documented.
- Powerful Motivators - Positive Reinforcement And Praise
Learn about the no-cost way to increase employee performance.
- Providing Good Feedback
Providing good feedback is a powerful managerial tool. Unfortunately, few of us do it very well. most difficult things a manager has to do; a few simple things can make it go more smoothly while at the same time time help to shield your organization from potential legal action.
- Using 21st Century Technology To Complete Performance Appraisals
Technology has changed the way we do business. HR departments, like other areas of business have taken advantage of ongoing technological advances.
- Avoiding The Retaliation Nightmare: It’s Just Gotten Scarier
On June 22, 2006,the U.S. Supreme Court provided some additional "clarification" regarding employee retaliation protections under Title VII.
- HR Metrics and Turnover
Metrics may be referred to as the language of business. As we (HR professionals) strive to be part of the C-Suite, we have been told we need to bring “value” to the table. One way to do that is by effectively using HR metrics.
- Layoff And RIF Issues
Workforce reductions are never easy, but there are a number of actions that can be taken to minimize the considerable legal risks and to undertake them as efficiently as possible. Read how.
- So You Have To Fire Someone. Now What?
Terminating somebody can be one of the most difficult things a manager has to do; a few simple things can make it go more smoothly while at the same time help to shield your organization from potential legal action.
- Constructive Discharge
How can you be sued if an employee quits?
- Keys To Effective Termination
Establishing termination procedures that are consistent, well documented and keep subjective actions to a minimum should be your goal.
- Termination & At-Will Status
Have you created an implied contract and compromised the at-will status of your employees?