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* Jeffry D. Proul, Registered Representative of LifeMark Securities Corp., 400 West Metro Financial Center, Rochester, NY 14623 (585) 424-5672 Member NASD/SIPC Vital Signs Insurance Services, Inc. is not affiliated with LifeMark Securities Corp. CONFIDENTIALITY NOTICE: Communications are Confidential Information of LifeMark Securities Corp. and may also be privileged.

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An Employee Can’t Work The Agreed Upon Hours

By |May 16th, 2018|

Question:
We hired an employee about a month ago, and at the time of hire they said they could work weekends. Now they say that they can’t work weekends. What should we do?

Answer from Celine, SHRM-CP:

It depends. In general, if an employee is unable or unwilling to work the hours they had originally agreed to […]

Employee Working At Two Locations With Different Titles

By |May 9th, 2018|

Question:
We have an hourly employee who will be working at two different locations and under two titles, 25 hours at one location and 25 hours at the other. Will he need to be paid overtime?

Answer from Kara, JD, SPHR:

Yes. Titles, job duties, and locations are irrelevant—focus only on the total number of hours worked by […]

When Is An Independent Contractor An Employee

By |May 3rd, 2018|

California Law Alert
May 3rd, 2018

New Independent Contractor Test for California Employers
The California Supreme Court has adopted a new, tougher legal standard for determining whether a worker is an independent contractor or an employee. Previously, the state followed a multi-factor balancing test that looked at the level of control held by the employer as well as […]

FLSA Amended to Allow FLSA Amended to Allow Tip Pooling

By |May 1st, 2018|

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 […]

Deductions From Exempt Employee’s Salary

By |May 1st, 2018|

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 […]

Why The Focus on Pay Equity

By |May 1st, 2018|

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 […]

An Employee Quit Without Notice Midway Through The Workweek

By |April 26th, 2018|

Question:
An employee quit without notice midway through the workweek. Do I have to pay them for the days they didn’t work?

Answer from Ophelia, SPHR, GPHR, SHRM-SCP:

No. If the employee is non-exempt, you only need to pay them for the time they worked. And while exempt employees usually must be paid for the full workweek if […]

Pay Employees For Time Spent At Outside Training Courses?

By |April 18th, 2018|

Question:
Do we have to pay employees for time spent at outside training courses?

Answer from Jenny, SPHR, SHRM-SCP:

Yes, you will most likely be required to pay for the hours an employee spends at a training course and those hours must count toward any overtime calculation.

The time that employees spend in training courses is considered hours worked […]

HR News | Federal Law Alert

By |April 11th, 2018|

9th Circuit Rules Salary History Not an Acceptable Reason for Pay Discrepancies
The 9th Circuit Court of Appeals ruled Monday that salary history is not an acceptable reason for pay differences under the Equal Pay Act (EPA), even when used in conjunction with other factors. The EPA first became law in 1963 and prohibits the payment […]

You Suspect Employee Documents are Fraudulent

By |April 11th, 2018|

Question:
I’m doing an internal audit of our I-9s and think that a document provided for one of them is fake. What should I do?

Answer from Aimee, GPHR, SHRM-SCP:

If you discover a document that clearly looks fraudulent, or like it does not identify the correct individual, you should talk with the employee about it and ask […]