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Archive for the ‘Compliance’ Category

5 More Common Ways Businesses Unknowingly Break the Law

Disappointed businessman crosses the street alone after committing one of the most common ways businesses unknowingly break the law.

We received a lot of interest from readers after publishing our article on common ways businesses unknowingly break the law, which we included in our monthly newsletter. With the advice of those same legal contacts, we are sharing some additional blunders that can get businesses into big trouble today.  Here are five more common ways businesses unknowingly break the law: 1. Mishandling Medical Situations  According to Employment Attorney J Bryan Wood, Founder of The Wood Law Office LLC, employers commonly break the law in ways that don’t really matter. However, there are a few ways that do, like mishandling their employees’ medical situations.  “One important thing employers frequently mishandle is their employees’ medical situations – particularly non-work-related ones

5 Common Ways Businesses Unknowingly Break The Law

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You’re a business owner, which means you operate and manage your own business. Whether you have just one employee, fifteen, or fifty, regardless of the size of your operation, you’re responsible for complying with federal and state laws that apply to your business and your workers. We rounded up some of the most common ways businesses unknowingly break the law:  1. Misclassifying employees As we’ve seen before, businesses that misclassify employees are at-risk for being taken to court. When asked for feedback on the top mistakes employers commonly make, Mason Cole, founding partner of Cole Sadkin said, “Improperly classifying employees as independent contractors, and then getting hit by the Department of Labor for non-compliance. The DOL requires

An Update on the Overtime Rule

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The fate of the overtime rule has had employers in suspense for the past four months, but now, according to one member of President Trump’s transition team, a final resolution isn’t far off. According to Tammy D. McCutchen, principal at Littler Mendelson and a member of President Trump’s transition team, the Trump administration is prolonging the decision until their expected Secretary of Labor nominee, Alexander Acosta, is instituted.  Acosta’s confirmation hearing occurred on March 22, and according to McCutchen, the expectation is that he will sail through confirmation without any issues. Once instituted, other high-ranking positions at the department will also be filled under his leadership.  In the meantime, the Trump Administration has until May 1st to make a decision, as

New York’s Regulatory Overhaul Limiting Wage Payment via Paycard & Direct Deposit Halted

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On September 7, 2016, the New York State Department of Labor (NYSDOL) approved new wage payment regulations that would require New York employers to satisfy stringent notice requirements and obtain employee consent before paying wages by direct deposit or debit card. The regulations ban debit card (paycard) companies from collecting fees from employees using the card, and make the setup process more stringent for both employers and paycard companies. While the regulations were approved to go into effect starting March 7, 2017, the New York Industrial Board of Appeals ruled that the NYSDOL overreached in their rulemaking authority by attempting to place restrictions on financial institutions and significantly straying from the plain language of the applicable statutes allowing their authority on

Overview of All U.S. State & City Sick Leave Laws

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In 2012, Connecticut became the first state in the nation to require employers to provide paid sick leave to their employees. Though limited in scope (only service workers are eligible for paid sick leave under Connecticut’s Paid Sick Leave Law) the passing of this law inspired countless other cities and states to follow suit in creating progressive, robust, job-protected paid sick leave laws of their own. For your interest, we have compiled a table of all the state and local paid sick leave laws that currently exist, to the best of our knowledge (we’re relying on your feedback to let us know if we’ve missed anything!). In order to streamline this table as much as possible, we have refrained from

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