CALL US TODAY 877-763-5111

  • Banner1

Do you know what the National Labor Relations Act (NLRA) means for your business?

Congress enacted the National Labor Relations Act (NLRA) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to limit certain labor and management practices that can harm the general welfare of workers, businesses, and the U.S. economy. Although a good portion of the NLRA deals with unionization, Section 7 provides protections for all non-supervisory employees, even those not involved with a union. Some supervisors may even be protected by the Act, if they do not have sufficient authority and discretion. Specifically, Section 7 defines and protects concerted activity by employees. Generally, protected concerted activity takes place when employ

Read More

Do I Have to Keep My OSHA 300 Logs Up-to-date During the Retention Period?

Employers must retain all OSHA Forms for Recording Work-Related Injuries and Illnesses (300, 301, and 300A) for a period of five years following the end of the calendar year the records pertain to. OSHA also requires that employers update their stored 300 Logs during this five-year period if changes occur. Changes include newly discovered recordable injuries or illnesses and any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, you should remove or strikethrough the original entry and enter the new information. There is no requirement to update the 301 or 300A, though we recommend that all recor

Read More

Did You Know?

In order to be exempt from overtime, your managers need to do more than have “Manager” in their job title. In fact, the act of managing alone is not even enough. When classifying a manager as an exempt employee, you’re usually using what’s called the White Collar Executive Exemption under the Fair Labor Standards Act. To use this classification correctly, you must ensure that your employee passes all three parts of the following duties test: Their primary duty is the management of the enterprise or a customarily recognized department or subdivision; and They customarily and regularly direct the work of two or more full-time employees or equivalent (e.g., two 40-hour per week

Read More

Why Paid Sick Leave Is Becoming More Popular

We’ve all seen it—one of our employees has a bad cold, maybe even the flu, but they come to work anyway. In some cases, the employee has the option of taking time off, and you’d prefer they do so, but still they show up, putting everyone in the workplace at risk. The reasons vary. Sometimes the employee can’t afford the reduced hours. Sometimes they can take the financial hit, but they’re worried about falling behind on their projects, missing an important meeting, or looking bad next to their co-workers who never seem to take a day off. Some employers encourage sick employees to stay home and rest. To that end, they offer paid sick or personal time so that employees who already

Read More

Why Courts, States, and Employers Are Focusing on Pay Equity

The federal Equal Pay Act went into effect in 1963, but it hasn’t brought an end to pay disparities between men and women. Neither have state laws with the same objective. Long story short: the laws weren’t strong enough, and they didn’t account for all the causes of unequal pay. In many cases, it has been possible for an employer to comply with these laws while still giving unequal pay for equal work. Often, it’s not that employers have deliberately chosen to pay women less than men for the same jobs. In many cases, the basis for pay differentials has seemed sensible, such as salary history. But it turns out that basing pay on salary history perpetuates discrimination over an emp

Read More

Four Keys to Improving Your Culture

In the previous articles of the series on workplace culture, we showed you how to identify and evaluate your culture by examining the rules that govern behavior, the traditions that facilitate interactions, and people you employ. We turn now to the final topic in this series: how to improve your culture. There’s no easy formula to fixing all cultural problems because each workplace is unique. The rules and traditions that lead one team to success might bring a different team to ruin. Some teams will thrive in a highly centralized environment, while others will reach new heights through delegated decision-making. Much depends on individual situations and circumstances. Nevertheless, succ

Read More

How to Evaluate Your Culture (part 3 of 4)

This article is the third part of our series on workplace culture. In the first installment, we explained that every organization has a culture, and every culture has three components—the organization’s rules, traditions, and people. In the second article, we showed you how to identify the culture that you have so you’re able to assess whether it’s the culture that you want. Both articles are linked below. We turn now to the question of evaluating your culture. The specifics of a good culture vary from company to company, but there are a few general qualities of a good culture that you should aim for whatever your industry and mission. A good culture should be: Well-defined a

Read More

How to Identify Your Culture (part 2 of 4)

This article is Part 2 of our series on workplace culture. In the first installment, we explained that every organization has a culture, and every culture has three components—the organization’s rules, traditions, and personalities. In this second article of the series, we’ll show you how to identify the culture that you have so you’re able to assess whether it’s the culture that you want. Identify Your Rules and Traditions To identify your culture, examine your rules and traditions, and note what kinds of behaviors, interactions, and relations they result in. For example, if you have a dress code, what effect does it have on the workplace? Do your onboarding procedures caus

Read More

Did You Know?

There are very limited circumstances under which an employer is allowed to take a deduction from an exempt employee’s salary, and employers who take a deduction when they shouldn’t risk the employee’s classification. This means an employee who had been classified as exempt could claim that the employer was treating them like an hourly employee by taking the prohibited deduction. The employee could then sue for back pay for all overtime they had worked without additional compensation. Deductions are not allowed for the following: Any partial day absence, for any reason, whether 15 minutes or 7.75 hours. If the employee does any work at all they must be paid for the entire workda

Read More

FLSA Amended to Allow Tip Pooling if No Tip Credit is Taken

The rules around tip pooling have been mired in litigation since 2011, when regulations came into effect that forbid tip pooling between employees who customarily receive tips and those who do not. The recently passed federal budget bill has created clarity by amending the Fair Labor Standards Act (FLSA) and eliminating that rule for employers who do not take a tip credit. Since the rule has been eliminated entirely, court decisions interpreting it—such as Oregon Restaurant and Lodging Association, et al v. the U.S. Department of Labor—are irrelevant. The amended portion of the FLSA, while allowing for tip pooling between front and back of house employees if no tip credit is taken, cl

Read More