Last Friday the Department of Labor (DOL) adopted a new test for unpaid interns. Employers should use this test—called the primary beneficiary test—when determining if a worker can be properly classified as an unpaid intern or if they need to be classified as an employee and paid minimum wage and overtime. The test adopted by the DOL has already been in use in four federal appellate courts, most recently the Ninth Circuit Court of Appeals. The DOL’s switch to the primary beneficiary test creates a nationwide standard. Balancing v. All-or-Nothing Previously, the DOL was using a six-question all-or-nothing test. An employer needed to be able to say “yes, the internship does that”
The Americans with Disabilities Act (ADA) applies to a lot of organizations—all public employers and any private employer with 15 or more employees. Nevertheless, there’s a lot of confusion about what the law requires and what its terms entail. A big reason for this confusion is the language of the law itself; the ADA speaks of nebulous concepts like undue hardship and reasonable accommodation. Words like undue and reasonable are by their nature open to some interpretation, which is not exactly a comfort to employers. Fortunately, while there’s no getting completely around the inherent ambiguity of the ADA, employers can feel confident in their application of the law by reviewing an
The Office of Management and Budget has put an indefinite hold on the pay data collection portion of the EEO-1 form that was revised on September 29, 2016. The version in effect prior to September 2016, which collects data on race, ethnicity, and gender by occupational category, remains in effect. The EEO-1 form only applies to private employers with 100 or more employees and public contractors with 50 or more employees. Affected employers should plan to submit the earlier-approved EEO-1 by the previously-set filing date of March 2018. Content provided by TPC HR Support Center.
There are a variety of reasons that an employer might want to classify a worker as an independent contractor (IC). The most compelling are usually the tax savings and the administrative time savings of not having to put that individual on the payroll. Often employers believe that if they hire a temporary employee, this option is available to them since it seems to make sense that you shouldn’t have to jump through as many hoops when only employing someone for a few days or even a few months. Other employers believe that a worker’s consent to be classified as an IC is all that is necessary. Unfortunately, no matter how good the reason or how short of a time the worker works for you, if
A federal judge in Texas has struck down an Obama-era federal overtime rule that would have made more than 4 million currently exempt employees eligible for overtime pay. U.S. District Judge Amos Mazzant granted summary judgment to more than 55 business groups that had challenged the Obama administration's 2016 rule that more than doubled—from $23,660 to $47,476—the minimum annual salary required to qualify for the Fair Labor Standards Act's "white collar" exemptions. The same court last November blocked the overtime rule from taking effect, but had not declared it invalid. Employers don't have to make any changes based on the Aug. 31 ruling, explained Alexander Passantino, an attorney
Taking time away from work is good for the health and morale of employees. When they can rest during an illness, recuperate after an injury, or tend to affairs in their personal lives, they’re better able to focus at work and engage in the tasks at hand. Too many absences, however, can be costly for employers and frustrating for other employees who have to pick up the slack. A lot of absences may be sign of absenteeism, which occurs when employees skip work for no good reason. You may not be able to prevent the illnesses, injuries, or family emergencies that keep employees from coming to work, but you can and should do something about absenteeism. Fortunately, there are a few steps you
On August 29th, Judge Mazzant in the Eastern District of Texas issued his ruling on the Department of Labor’s overtime rule changes. The rules, which were slated to go into effect on December 1, 2016, have been on hold since he issued an injunction last November. As anticipated, the Judge ruled in favor of the Plaintiffs, finding that the DOL had overstepped its authority by making the new minimum salary so high. The DOL will not be appealing the decision, but labor or employees’ rights groups could theoretically take their place in the lawsuit. However, the DOL has said they would not enforce the 2016 rules, so any further action toward implementation will ultimately be ineffective.
As of Monday, September 18, employers are required to use the revised Form I-9 for all new employees. This new version of the form has the revision date of 7/17/17. The I-9 form can be found here or on the HR Support Center. Content provided by TPC HR Support Center.
In last month’s Advisor, we discussed the reasons for conducting exit interviews. When employees leave, the exit interview can help you understand why. You may not be able to convince the departing employee to stay, but you may be able to make improvements that help you retain others. In this article, we’re going to focus on another kind of employee interview—the stay interview. Like the exit interview, the stay interview solicits employee feedback; but instead of being conducted as an employee exits, it’s conducted before employees decide to leave. As the name implies, the stay interview asks employees why they stay. Preparing for Stay Interviews Stay interviews ask employees t
A New I-9 Form Will Be Released on July 17 A New I-9 Form Will Be Released on July 17 The United States Citizenship and Immigration Services (USCIS) will release a new Form I-9, Employment Eligibility Verification, on Monday, July 17. The new Form I-9 will be available on the HR Support Center shortly after it is released.Employers will be able to use this revised version immediately, but may continue using the Form I-9 with a revision date of 11/14/16 through September 17, 2017. Beginning September 18, employers must use the revised form with a revision date of 07/17/17 for all new employees. The revisions to the Form I-9 are minor and employers will not need to change their