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Category: FMLA

FMLA

U.S. Child Labor Laws - Changes that may affect your business

  U.S. Child Labor Laws - Changes that may affect your business   The Fair Labor Standards Act (FLSA) Child-Labor Regulations have recently been revised. On July, 19, 2010, the final revisions to the child-labor regulations under the Fair Labor Standards Act will become legally effective.   The Department of Labor has been receiving comments on these most recent suggested regulation changes to the U.S. child labor laws since 2007. The DOL states that these revisions are supposed to make it easier for people under that age if 18 to get a job. These revisions only apply to non-agricultural positions. The Department of Labor (DOL) is scheduled to revise the provisions concerning minors in agricultural employment. The revisions single out industries like banking, information technology and advertising.    While the regulations offer an array of rules to follow, the most recent revisions address specific issues:   There is a provision permitting 14 and 15 year olds to wo ...

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Your Employee’s Work email expectation of privacy – New Supreme Court Decision adds some clarity.

  Your Employee’s Work email expectation of privacy – New Supreme Court Decision adds some clarity. The latest Supreme Court ruling help that a California police department’s review of sexually charged text messages sent by the officer to his wife and to his mistress from his employer-issued pager, did not constitute an invasion of the employee’s privacy. This overturned a previous ruling by the 9th Circuit. (Link to the full opinion in City of Ontario v. Quon).   As a business owner, you should take note that the Supreme Court’s decision was largely motivated by concept that the police department’s review of the messages was in line with its policy and was conducted for a valid business reason. Also, that the implications of the decision on the employees texts in this case could also be seen to apply to the work email expectation of privacy for the average employee.   The officer had exceeded the allotted monthly number of messaged approved for his tex ...

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Fair Labor Standards Act (FLSA) and nonpaid internships: Quiz

  Fair Labor Standards Act (FLSA) and nonpaid internships: Quiz   The Fair Labor Standards Act (FLSA) requires that nonexempt employees receive at least minimum wage for all hours worked and must also receive time-and-a-half pay for all hours worked more than 40 during the workweek.   While the FLSA doesn't define what an intern is, nor provide an exemption from minimum wages or overtime for interns, it does define an employee as "any individual employed by an employer." The definition of "employ" under the FLSA "includes to suffer or permit to work."   Under federal law, for-profit organizations must pay workers unless the position fits six criteria. The following quiz helps to illustrate the six criteria.   Would the employee be correctly classified as a “Coordinator”, “Trainee”, or “Intern”? For an unpaid internship to be lawful under the Fair Labor Standards Act (“FLSA”), the intern must be classified as a “trainee&rd ...

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What else do they look for during a Department of Labor (DOL) gov. compliance audit?

What else do they look for during a Department of Labor (DOL) gov. compliance audit? During a DOL gov. compliance audit, the investigator covers many areas of your business. The primary focus is on your pay records.   DOL investigators also usually review the employer's adherence to federal child-labor laws, which prescribe the number of hours and times of day-night youths may work, as well as the jobs they may perform. Click here for a link to the DOL’s FAQ on child labor laws   DOL investigators will also perform at least a cursory analysis of the employer's compliance with the Family and Medical Leave Act and will make sure mandatory posters are displayed. See DOL's Web site for poster information. Click here for a link to the DOL’s FMLA information page Modern Business Associates helps our clients deal with DOL gov. compliance audit issues. As a Professional Employee Organization, our clients rely on us to help them ef ...

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Layoffs and other times when job reinstatement according to FMLA regulations may not be necessary.

  Layoffs and other times when job reinstatement according to FMLA regulations may not be necessary. Does your HR department know the limited situations under which an employer can refuse to reinstate an employee who has taken FMLA leave according to FMLA regulations? The Act's primary purpose is to ensure that employees are reinstated to the same or equivalent positions held at the commencement of the leave. Moreover, when there is a dispute, it is probably fair to say that the U.S. Department of Labor and most courts lean strongly in favor of the reinstatement of employees. Laws in this area do offer some limited circumstances in which an employer may deny job restoration to otherwise protected employees: Key employees-According to FMLA laws, an employer may deny reinstatement, but not leave, to "key employees." A key employee is a salaried employee who is compensated within the top 10 percent of the employees working within a 75-mile radius of the employee's worksite. 29 CFR ...

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