Employment & Labor Law

Rules & Regulations for Paying Salaried Employees

Paying members of your small-business workforce as salaried employees may be easy for you and empowering for them, but in doing so, you must comply with the rules and regulations of the labor laws. The Fair Labor Standards Act guidelines do not apply to salary basis employees who are exempt. If your business classifies any of its employees as salaried nonexempt, the FLSA covers them as it would any other nonexempt employees.

Mandatory Labor Law Poster Changes

The federal government released two mandatory labor law poster updates, effective August 1, 2016.

How Much Does An Employee Cost?

Employment costs fall into several broad categories:

Recruiting Expenses

Finding technically qualified people who can function effectively in a rapidly growing startup venture is not easy task.  In an earlier column we discussed the economic alternatives for head hunting.  For this column it suffices for me to remind you to be sure to devote the time to make sure that your hires are as close to perfect “10s” as possible.  Anything less will be a drag on your business.

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Why HR Managers Can’t Say Because I Said So

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Most of us have heard – or said – MOMisms and DADisms like “Because I said so!”, “Don't ask me WHY. The answer is NO.” and “Enough is enough!” And while parents may effectively get away with such terms, HR managers cannot. You will hear retorts like “You’re not the boss of me”, “Stop harassing me”, and “You’ll be hearing from my lawyer”, if you don’t consider your explanations more carefully.

Resumes – Can You Trust Them?

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Recent surveys of employers indicate that more than 50% of applicants misrepresent themselves on resumes. For obvious reasons, job seekers tell you only what they want to admit.

Review Your Company’s Social Media Practices and Policies

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A National Labor Relations Board (NLRB) judge just issued a notable decision in Chipotle Services LLC for employers grappling with social media invading the workplace.  

Summer Means Part-Time Workers for Many Employers

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Many employers hire part-time workers during the summer months. Often, these are high school and college students. Should you do background checks on them similar to those for older adults seeking full-time employment? The answer is YES!

True or False: The minimum wage for Michigan employees is $8.50 per hour

With all the media coverage of federal and state minimum wage laws, do you know if the above statement is true or false? It is true: for most employees working in Michigan, the 2016 minimum wage is $8.50 per hour.  

However, it is false for some employees:

Tipped Employees: The employer is not required to pay minimum wage to tipped employees if all of these apply:

Silver Lining in EEOC’s Continuing Quest to make Employees Untouchable?

In January 2016, the EEOC issued its proposed enforcement guidance on retaliation charges filed by employees. The public comment period for the proposed guidance is now closed. If you haven’t gone through it yet, settle in, make yourself comfortable and read the 73-page proposed guidance.

Pay Docking for Salaried Employees

Docking the pay of exempt employees is only permissible in certain circumstances. The Fair Labor Standards Act (FLSA) governs wage and hour laws of nonexempt employees. The law requires employers to pay nonexempt employees at least the federal minimum wage and requires the payment of overtime for an employee who works more than 40 hours in a week. Employees who are exempt from the law are not entitled to overtime or the federal minimum wage, but employers may not make improper pay deductions from their salary.