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Showing posts with label wage and hour laws. Show all posts
Showing posts with label wage and hour laws. Show all posts

The top 5 reasons to let employees telecommute

“Having choices today can attract better employees. Those who can’t be onsite can still contribute."

“Commuting wastes time, energy and gas. Telecommuting reduces office space needed. Workers are less stressed and can manage time better.”

“It allows for a much better work/life balance. It’s also been proven that telecommuters are more productive.”

“A good employee is a good employee - no matter the location.”

These are just a few of the comments received in an online survey on msnbc.com that asked, “Is telecommuting a good thing?” More than 1,700 people voted, with 57.9% selecting the response, “Yes, it gives employees and employers flexibility.”

So if you’re one of those employers that is reluctant to take the plunge and give telecommuting a try, don’t be! These days, more and more jobs that don’t involve direct personal contact can be performed remotely, including positions in marketing, sales, software development, creative and clerical. What’s more, there’s plenty to gain from the arrangement – for both your business and your employees.

1) 
Telecommuting prevents interruptions in workflow. A dead car battery … a sick kid who needs bed rest … an appointment for cable hook-up – for all the reasons an employee has to come in late or miss work altogether, he or she could log in to his desktop at home and still get work done. Deadlines don’t have to be compromised just because an employee is home-bound.

2) 
Telecommuting reduces stress and boosts productivity. It’s no surprise that the workplace can be a stressful place. Frazzled, stressed-out employees are not effective – they’re present, but they’re not productive. In a more relaxed, home environment, they can focus on the task at hand without the frayed nerves.

3) 
Telecommuting trims your overhead costs and doesn’t require expensive equipment. In most cases, a telecommuting employee only needs a computer, internet access and a phone. They probably already have these items available at home, which means no additional costs for your business to get them up and running. And if your company is growing, it can do so without the need for additional workstations or office space.

4) 
Telecommuting supports a healthy life/work balance. Most employees long to spend more quality time with their families. Just by eliminating the bumper-to-bumper commute and other time-drainers in the workplace, employees can complete their work PLUS enjoy more time with their children, spouses or partners. This morale-booster alone can help you retain qualified employees who might otherwise look for work elsewhere.

5) 
Telecommuting is “green” and good for the globe. During this time of increased environmental awareness and rising oil prices, telecommuting makes more sense. Fewer people driving to and from work means fewer cars on the roads guzzling gasoline and polluting the environment.

Practical pointers to keep in mind

Obviously, telecommuting isn’t appropriate for every employee or situation. For remote arrangements to work, employees need to be disciplined, organized and self-motivated. With no one watching their every move, they may be tempted to slack off or abuse the privilege.

Encourage your telecommuters to touch base with a manager or direct report regularly (by phone or email), and feel free to restrict telecommuting with local employees to a couple of days a week.

Finally, you need a system for tracking the hours an employee spends working remotely. This is especially important with non-exempt, hourly workers, who are required to take meal and rest breaks and provide you with a record of all time worked. Bottom line: Wage and hour rules still apply, even if an employee is working from home.
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Employee or independent contractor? Proposed bill to target misclassification

Today's post comes from G.Neil's HR News Weekly:

Mistakenly classifying employees as independent contractors not only violates the Fair Labor Standards Act (FLSA), but it also deprives workers of certain rights.

The Payroll Fraud Prevention Act recently introduced in the Senate would take a firm stance against employers who misclassify workers.  The bill would require employers to:

•    Keep records clearly indicating the status of each worker as an employee or non-employee
•    Notify workers of their classification as an employee or non-employee
•    Pay steeper penalties for misclassifying workers and violating their overtime and minimum wage rights

The bill would also provide protections to workers who are fired or otherwise discriminated against for trying to be reclassified as employees. Further, the DOL’s Wage and Hour Division (WHD) will conduct audits on industries that frequently misclassify workers.

In a press release, Ohio Senator Sherrod Brown stated,

“Intentionally treating workers as subcontractors when they really are employees is payroll fraud: it cheats workers, taxpayers and other businesses that play by the rules.”

Need help determining whether a worker is an employee or an independent contractor? Check out easy-to-use software for guidance.
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DOL and ABA partner to help resolve wage-related complaints

In the first-ever collaboration between a federal agency and the private bar, the Department of Labor (DOL) and American Bar Association (ABA) will join forces to resolve employee complaints received by the Wage and Hour Division (a department that handles more than 35,000 employment-related legal complaints in a typical year).

Through an attorney-referral system, the new program will ensure more workers obtain legal assistance for complaints such as not getting paid the minimum wage, not being paid overtime, or being denied family medical leave.

As of December 13, complainants whose cases cannot be resolved by the DOL due to limited capacity will get a toll-free number connecting them to a network of state and local ABA-approved attorneys. If the DOL has already conducted an investigation, the complainant will receive the findings to share with the attorney who takes the case. The DOL also has established a special process to help complainants and representing attorneys obtain additional case details and documents.

According to DOL Secretary Hilda Solis, this collaboration “streamlines worker access to additional legal resources and builds on the Department of Labor’s continued efforts to ensure that employers comply with America’s labor laws.”

To learn more, check out the We Can Help area of the DOL’s website.
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Wage and hour lawsuits outnumber all other class actions combined

According to a 2010 survey of more than 1,800 legal and HR professionals, one-third of respondents were hit with a wage and hour claim in the past year. At the same time, more than half of respondents shared that their organization has increased spending for wage and hour compliance.

Shanti Atkins, the President and CEO of ELT, the workplace compliance training company that conducted the survey, explains the dramatic rise in claims: “Employers are being hit from two sides. On one, there is a better funded, more fully staffed Dept. of Labor (DOL) that has made fighting wage theft one of its key priorities. On the other side are aggressive plaintiff law firms that literally salivate at these easy-to-identify and easy-to-win, lucrative class actions.”

To complicate matters further, the DOL reports that more than 80% of employers are out of compliance with federal and state wage and hour laws! The top Fair Labor Standards Act (FLSA) that get employers in trouble are:

• Misclassifying a non-exempt employee (eligible for overtime) as salaried/exempt
• Not paying overtime to non-exempt employees for all hours worked, including unauthorized overtime
• Making improper salary deductions from exempt and non-exempt employees

Go here for clear guidelines on how to comply with FLSA regulations – and practical forms and recordkeeping tools to keep you on track.
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