Putting PAID to Non-Compliant Payroll Practices: Is the DOL’s Payroll Self-Audit Program Right for You?

payroll

Remember full-service gas stations? These days, we have self-service pumps. Remember cashiers at the grocery store? Now, most chains offer self-service checkout. Remember the DOL auditing your labor practices? Not so fast – they still do that. But now employers can take the “do-it-yourself” approach too! 

While it is easy to see the convenience and time savings of self-service at the gas station and the supermarket, it is not quite so obvious when it comes to the DOL.  But they just may be on to something. As we previously reported, last spring the Wage and Hour Division (WHD) of the Department of Labor (DOL) launched the pilot Payroll Audit Independent Determination (“PAID”) program. Due to its success, the PAID program has been extended for another six months. 

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OSHA Has a “Naughty” List – And Nearly One-Third of Large Employers Are on It. Are You?

OSHA

OSHA (the Occupational Safety and Health Administration) issued its electronic injury reporting rule in May, 2016.  When issued, OSHA had intended all employers (over time) to submit their injury and illness records (OSHA Form 300 log of work-related injuries and illnesses), OSHA Form 301 (injury and illness incident report), and OSHA 300A (annual summary of work-related injuries and illnesses by establishment)) via a “secure” electronic system.  OSHA would then use this information to publicly shame employers who had high injury or illness rates.  The initial electronic filing obligation was limited to employers with 250 or more employees and employers with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses.  The initial filing was limited to the OSHA Form 300A, with a filing due date of July 1, 2017; which was then later moved back to December 30, 2017.

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The Latest and Greatest Updates About Non-Compete and Non-Solicitation Agreements in California

non-compete

Employers everywhere should be familiar with California’s strict rules against the enforcement of non-compete agreements and non-solicitation agreements between employers and employees. Practically speaking, the rule has always been that non-compete agreements are not enforceable. Similarly, non-solicitation agreements regarding the solicitation of customers are not enforceable, but non-solicitation agreements regarding the solicitation of other employees (within reason) may be enforced under limited circumstances.   Continue reading this entry

An Accommodation Request? But We Were Just Talking!

Accomodation

In a conversation about his tardy attendance, an employee tells his manager he is having difficulty arriving to work because his sleep apnea interferes with his rest and prevents him from waking up on time. He adds that he is being evaluated for drugs that could potentially help him. Is this a request for an accommodation under the Americans with Disabilities Act (ADA)? In general, the answer is probably yes, and the employer could face a potential disability discrimination claim if the request is ignored. 

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You Can Pay Exempt Employees Their Guaranteed Salaries on an Hourly, Daily, or Shift Basis, and the Department of Labor Has Given Some Tips on How to Do It Correctly

exempt

Human resources and other professionals who review job positions for possible exemptions under the federal wage and hour law (the Fair Labor Standards Act or FLSA) are familiar with the “salary basis” and “job duties” tests. Employees who work in jobs that meet both tests and who work in true executive, administrative, or professional capacities are exempt from the FLSA’s minimum wage and overtime requirements.

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