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Random Thoughts on FLSA Administrative Exemption

by Kara E. Shea I’ve been working with several clients lately on Fair Labor Standards Act (FLSA) compliance issues — specifically, on exemption classification audits. During an audit, I review all the jobs an employer has deemed exempt from overtime under the FLSA and try to decide whether the positions have been correctly classified. It’s […]

New occupational health and safety awareness training to be required in Ontario

By Patrick Gannon Occupational health and safety legislation in all provinces across Canada places the ultimate responsibility for occupational health and safety on employers. Among other things, Canadian employers have to provide certain information, instruction, and training to workers. Last month, Ontario took occupational health and safety training to a new level, announcing that Ontario […]

A few lessons learned from recent events

by Dan Oswald Respect and appreciate those who help you succeed. For my birthday in September, my wife gave me tickets to a James Taylor concert, which we attended last night. It was fascinating to watch a man whose career has spanned my entire lifetime perform the classic hits he penned decades ago. With his […]

Transgendered Employees in the Workplace

By Susan G. Fentin According to a report published in February by the National Gay and Lesbian Task Force and the National Center for Transgender Equality, transgendered workers are twice as likely to be unemployed and experience a high degree of harassment or other workplace mistreatment. The report, Injustice at Every Turn: A Report of […]

Arguments in Favor of Hierarchical Pay Raises

In a previous post, we discussed the precarious situations many employers find themselves in when it comes to employee pay increases. We currently find ourselves in a tight labor market with relatively low unemployment, and employees consistently list financial compensation as one of the primary factors in accepting and staying at a job.

Misclassifying Employees as Independent Contractors: Front-Burner Issue Again

by Kara E. Shea Independent contractors, by definition, are self-employed. Because they aren’t employees, they aren’t covered by employment, labor, and related tax laws. As a result, some employers may be tempted to reclassify employees as independent contractors to avoid taxes, benefits, record-keeping requirements, overtime, and other expenses. Wage and Hour Compliance Manual Contractors are […]

Boost Your Safety Training with Blended Learning

Blended learning is a commonsense concept that results in great learning success. In fact, a University of Tennessee study showed that a blended learning program reduced both the time and the cost of training by more than 50 percent. The same study showed a 10 percent improved result in learning outcomes compared with traditional training. […]

Alternatives to H-1B status and the H-1B cap

by Leigh Cole H-1B nonimmigrant status allows U.S. employers to hire international workers in “specialty occupations” that require at least a bachelor’s degree or equivalent vocational preparation. Most H-1B applications are subject to an annual limit on H-1B approvals known as the H-1B cap.   Some employers are exempt from the cap, but most H-1B applications […]

Wage and Hour: Labor Commissioner Proposes Rules for Employee Expense Reimbursement

The California Labor Code requires employers to repay employees for all necessary expenditures employees incur in performing their jobs. However, the law doesn’t provide guidance as to what precisely must be reimbursed and at what rates, or whether paying an increased salary or commission satisfies the reimbursement requirement. Now, the labor commissioner has issued proposed […]