People Processes
188 episodes - English - Latest episode: 12 days ago - ★★★★★ - 9 ratingsThis podcast is for HR Professionals, Business Owners, and CEOs who want to learn and discuss the tools, tactics, and strategies that help us create a happier, more productive employee workforce.
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Episodes
Does Hard Work Really Lead to Performance Punishment?
April 17, 2024 14:00 - 21 minutes - 29.4 MB🔍 Dive into the controversial concept of "performance punishment" in organizations. Working hard can be seen as punishment because initially, high performers might get more challenging tasks due to their abilities. This extra workload can feel unfair and overwhelming - leading to the perception that hard work is punished. 🌟 Discover why exceptional performance shouldn't go unrewarded and how organizations can foster a culture of appreciation and growth. Don't miss out on valuable tips for b...
Is Your Workplace Safe? Cal/OSHA's New Workplace Violence Prevention Plan Explained!
April 04, 2024 14:00 - 12 minutes - 17.7 MBCalifornia's SB 553 mandates a Workplace Violence Prevention Plan (WVPP) by July 1st, 2024! This important law is designed to keep California's workplace safe, but navigating the requirements can be confusing. Don't worry, we're here to help! In this episode, we'll break down everything you need to know about the Cal/OSHA WVPP, including... • Key Requirements of a WVPP 1. Written Plan 2. Employee Training 3. Inspections 4. Incident Log • How to develop your WVPP (with or ...
Feeling Pushed Out of Your Job? What You NEED to Know About Constructive Discharge
March 28, 2024 14:00 - 14 minutes - 19.6 MBAre you facing a terrible work environment that's making you consider quitting? You might be experiencing constructive discharge! This episode dives deep into this legal concept, explaining what it is, how it can happen through harassment, discrimination, or unreasonable working conditions, and why it's important for both employers and employees to understand. We'll also explore the legal implications of constructive discharge, including how it can be treated as wrongful termination. By the...
The Demotion Trap: when and how to have the conversation
March 14, 2024 14:00 - 13 minutes - 18.8 MBFeeling stuck with a struggling employee? Should you demote your employee? Don't jump to demotions! Demotions: a tempting solution, but a legal nightmare? Discover a better approach to employee performance issues that boosts morale & keeps your top talent. Shield your business! Subscribe to the People Processes Podcast for more expert advice on leading your team effectively. https://youtu.be/8E2UPrKa5Po
Demotion: When It Hurts and When It Works
March 14, 2024 14:00 - 13 minutes - 18.8 MBFeeling stuck with a struggling employee? Should you demote your employee? Don't jump to demotions! Demotions: a tempting solution, but a legal nightmare? Discover a better approach to employee performance issues that boosts morale & keeps your top talent. Shield your business! Subscribe to the People Processes Podcast for more expert advice on leading your team effectively. https://youtu.be/8E2UPrKa5Po
How to choose: Employee, Independent Contractor, or Both?
March 06, 2024 14:00 - 12 minutes - 17.7 MB🕵️♂️ Can you be both an employee and an independent contractor at the same time? Dive deep into the legal and financial intricacies of dual employment statuses, including crucial DOL and IRS factors, through real-world examples and expert analysis. Whether you're evaluating secondary roles within your current employment or considering hiring employees for independent tasks, this discussion is packed with insights on navigating these dual roles legally and effectively. Subscribe to our chan...
The Art of Strategic Annual Raise Planning
February 13, 2024 14:00 - 13 minutes - 18.6 MBUnlock the secrets of effective compensation planning with our latest episode! 🚀 Dive into the Strategic Approach to Annual Raise Planning and discover key insights on salary adjustments, tenure-based increases, and maintaining a competitive edge in the job market. 💡 Elevate your business's success and employee satisfaction by mastering the art of strategic compensation. #salaryincrease #compensationstrategy #hrinsights #SalaryPlanning #peopleprocesses https://youtu.be/J4-JvpS8zcU
How to Create an Incentive Compensation Program That Works
February 07, 2024 14:00 - 21 minutes - 29.6 MBhttps://youtu.be/bjiInaNCSE8 Incentive compensation programs are primarily used to promote the efficiency and productivity of the workforce. Many organizations view incentives as an important tool for improving performance. In this episode, learn the art and science behind crafting effective incentive programs.🔍 Explore the ins and outs of overall compensation design, with a specific focus on incentive pay. From bonuses to commissions, Rhamy guides you through building a customized compens...
Employer didn’t withhold enough Federal Income Tax
January 25, 2024 14:00 - 10 minutes - 14.3 MBhttps://youtu.be/Rn56we1S56A Understanding withholding tax is crucial for financial control. Employers withhold a set amount from an employee's paycheck, directly remitting it to the IRS in their name. This withheld money acts as a credit against the employee's annual income tax bill. To understand your Form W-4, we break down the complexities, providing clarity on your paycheck deductions and how they influence your tax situation. Don't let tax season catch you off guard—be in control! ...
Crucial FLSA Update: Independent Contractor vs. Employee Classification Final Rule
January 17, 2024 14:00 - 18 minutes - 25.3 MBhttps://youtu.be/fBYO_79ADOw The U.S. Department of Labor published the issuance of the final rule under The Fair Labor Standards Act (FLSA) regarding Employee or Independent Contractor Classification. 🎙️ In this episode, Rhamy Alejeal, CEO of People Processes, breaks down the major Fair Labor Standards Act update arriving in March 2024. 🌐 Why is this Episode a Must-Watch? Discover the historical roots of the FLSA, its role in establishing minimum wage and overtime pay standards, and the ...
1099 Contractor to W2 Employee: Misclassification of Employees FIXED
December 20, 2023 13:00 - 12 minutes - 17.4 MBhttps://www.youtube.com/watch?v=nnog955sSR8 🤯 Are your workers 1099 contractors when they should be W2 employees? 😱 Dive into our latest episode for a step-by-step guide to rectify the situation of employee misclassification. Learn how the Voluntary Classification Settlement Program (VCSP) can save you from hefty penalties and reshape your tax compliance. Subscribe now for more HR insights! 💼
Are You Choosing the Right Safe Harbor Match for Your 401(k)? Find Out Now!
December 12, 2023 14:00 - 7 minutes - 10.4 MBhttps://youtube.com/watch?v=lTI-z6xT2pQ Ever asked why safe harbor matches rock the 401(k) world? When it comes to offering a competitive and attractive retirement plan for your employees, a 401(k) plan with a safe harbor match is an excellent option. Safe harbor matches ensure that your plan meets certain requirements set by the IRS, making it more accessible and beneficial for your employees. However, with several safe harbor match options available, it's crucial to select the one that al...
No Call, No Show: Did they Quit? Or are they Fired?
December 06, 2023 14:00 - 9 minutes - 12.8 MBhttps://youtu.be/Qbo8szTShMA Is it job abandonment or something else?🕵️♂️ Job Abandonment is when an employee doesn’t show up, with no intention of returning, and importantly, without communication. Join Rhamy Alejeal in unraveling the mystery of Job Abandonment. When does absence become abandonment, and how should businesses navigate this challenging territory? From defining policies to the compassionate approach and legal intricacies, this podcast episode provides a comprehensive guide. ...
How to Identify Potential Leaders
November 30, 2023 14:00 - 6 minutes - 8.92 MBhttps://youtu.be/H-GfZ9n28G0 Unlock the secrets of identifying and nurturing leadership potential in your team! 🌟 In this episode, we explore the signs, strategies, and key attributes that set the stage for leadership readiness, providing you with invaluable insights to enhance your team's leadership landscape. Discover the qualities that define an effective leader—initiative, strong communication, problem-solving prowess, empathy, adaptability, and continuous learning. Learn how to spot t...
IRS 2024 ACA Affordability Threshold Announcement
September 25, 2023 14:00 - 7 minutes - 11 MBhttps://youtu.be/Qn8fGg5auB4 The IRS recently made an announcement that holds significant implications for employers and HR professionals alike: the Affordable Care Act (ACA) affordability threshold for 2024 will be adjusted to 8.39%, down from 9.12% in 2023. This change might seem minor, but it holds substantial ramifications for businesses. Stay ahead of the curve, protect your organization, and keep your team informed. Don't forget to hit the like button, subscribe, and share this vital...
How to Resolve Employee Conflict Like a Pro?
September 18, 2023 14:00 - 8 minutes - 11.5 MBhttps://youtu.be/hYz3PD05GgM?si=QuQr9tGHSshWRCK4 Discover effective strategies to help employees who don't get along, turning conflicts into catalysts for innovation and productivity. Join Rhamy as he outlines key points from early intervention to leveraging strengths and weaknesses, providing actionable insights for HR pros and team leaders.
The Power of Appreciation: Boosting Employee Morale through Recognition
September 11, 2023 14:00 - 7 minutes - 10.7 MB[youtube https://youtu.be/CFFgreZRB_I?si=XuP3ul7xkx4DL19Y] In this episode, we are going to talk about The Power of Appreciation. Specifically, how leveraging that power can boost your employee morale through effective recognition. Share in the comments a special memory or a shoutout to a colleague who deserves some recognition today. Let's keep empowering each other and unlocking our full potential! 🏆💪❤️
Can An Employee Who Claims to Have COVID-19 and Self-Quarantines But Refuses to Get Tested Still Be Paid?
September 22, 2020 12:45 - 10 minutes - 11.9 MB[youtube https://www.youtube.com/watch?v=mj_r1ntUk1M] If an employee becomes ill with COVID-19 symptoms, they may request for paid sick leave under the FFCRA only to seek a medical diagnosis, or self-quarantine only if advised to do so by a healthcare provider. If tested positive, the employee may continue to take paid sick leave. This does not apply for illnesses unrelated to COVID-19—though employers may allow them to telework at their discretion. You may not take paid sick leave under the...
What Do I Do If An Employee Won’t Let Me Take Their Temperature?
September 21, 2020 12:45 - 7 minutes - 8.64 MB[youtube https://www.youtube.com/watch?v=7YduFG1ETZY] Under the circumstances existing currently, the ADA has specifically allowed employers to bar an employee from physical presence in the workplace if he refuses to have his temperature taken, refuses to answer questions about whether he has COVID-19, has symptoms associated with COVID-19, or has been tested for COVID-19 and is positive. If the employee claims under the ADA that they have a medical reason for refusing a temperature check, ...
Can I Ask An Employee if They Have Family Who Has COVID-19?
September 18, 2020 12:45 - 6 minutes - 7.61 MB[youtube https://www.youtube.com/watch?v=I6k_vgtvmTU&w=560&h=315] The simple answer is “no”. The Genetic Information Non-Discrimination Act (GINA) prohibits employers from asking employees medical questions about family members, and it is still in force. GINA does not prohibit employers from asking employees whether they’ve had contact with anyone who has been diagnosed with COVID-19 or may have symptoms associated with the disease. The CDC also recently issued guidance that explained, from ...
Big Changes in California Family Leave, 12 weeks leave!
September 17, 2020 12:45 - 6 minutes - 7.28 MB[youtube https://www.youtube.com/watch?v=TwIiTDvEjmY] A new bill in California was finalized that would expand the California Family Rights Act to make it an unlawful employment practice for employers with five or more employees to refuse to grant an employee’s request to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with the employee’s new child or care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as...
How Can Employers Avoid Putting Employees At Risk of Getting Sick with COVID-19
September 16, 2020 12:45 - 9 minutes - 10.9 MB[youtube https://www.youtube.com/watch?v=oQ0aYhbhPSk] Referring to a case involving Cal/OSHA and frozen foods manufacturer Overhill Farms Inc. and its temporary employment agency Jobsource North America Inc., employers failed to protect hundreds of employees from COVID-19 at two plants in Vernon. This was due to the lack of physical distancing procedures among workers including where they clock in and out of their shift, at the cart where they put on gloves and coats, in the break room, on t...
Which Employees Are Exempt from Minimum Wage and Overtime Requirements?
September 15, 2020 12:45 - 16 minutes - 16.5 MBhttps://youtu.be/EFcPkW82VCc Under the FLSA, employees are entitled to be paid a minimum wage for each hour worked and to be paid one-and-a-half times their regular rate of pay for each hour in excess of 40 hours worked in a workweek (some states have slightly different regulations). Certain employees are exempt from these requirements, including employees who are employed in a bona fide executive, administrative, or professional capacity, as well as outside salespeople. A three-part test ...
Should I Pay My Employees a Flat Rate by Budget or by Actual Hours Worked?
September 14, 2020 12:45 - 15 minutes - 20.6 MB[youtube https://www.youtube.com/watch?v=KmjNGQGvsKg] A group of mechanics employed at a South Carolina chain of tire and automobile repair stores was paid under a compensation plan that contained two components. They received an amount determined by multiplying the particular mechanic’s “flat rate”;—an hourly pay rate assigned to each mechanic based on that mechanic’s particular skill, experience, and certifications—by the mechanic’s " turned hours," a pre-established amount of ti...
What Do I Do If A Customer Won’t Wear a Mask?
September 11, 2020 12:45 - 8 minutes - 11.8 MB[youtube https://www.youtube.com/watch?v=i5_adTNqND4] The Centers for Disease Control and Prevention has laid out new workplace strategies for COVID-19-related violence prevention in order to avoid conflict if customers refuse to adhere to safety protocols being enforced by employees. The CDC has posted information on limiting workplace violence related to retail and service businesses’ COVID-19 prevention policies. This information is also intended for other customer-based businesses, incl...
Do I Have to Reimburse My Employees for Personal Auto Use?
September 10, 2020 12:45 - 18 minutes - 20 MB[youtube https://www.youtube.com/watch?v=-Gi7xFp--uE] We will be looking at an explanation from the Wage and Hour Division of the Department of Labor about the Fair Labor Standards Act, specifically about employee reimbursements. Generally, the FLSA requires covered employers to pay non-exempt employees no less than the federal minimum hourly wage for all non-overtime hours worked in a given workweek. 29 U.S.C. § 206. Employees must receive these wages “free and clear.” 29 C.F.R. § 531.35. ...
Can I Pay My Commercial Drivers Commission Only?
September 09, 2020 12:45 - 13 minutes - 19 MB[youtube https://www.youtube.com/watch?v=t2Q8P2LF124] The Department of Labor has posted a clarification letter about the FLSA and addresses the question of whether commercial drivers can be paid solely on a commission basis. The FLSA exempts from its overtime pay requirements certain employees of “retail or service establishment[s]. The exemption applies to any employee: who works at a retail or service establishment, whose employee’s regular rate of pay exceeds one and one-half times th...
How Should Employers Deal with Employees Suffering from Opioid Addiction?
September 08, 2020 12:45 - 15 minutes - 16.6 MB[youtube https://www.youtube.com/watch?v=BYX_R6_GXVs] The Equal Employment Opportunity Council released guidance early in August 2020 that addressed employees who may be suffering from opioid addiction, referring to it as an opioid disability protected under the Americans with Disabilities Act. While this guidance is directed specifically towards employees, employers can read through the document to help them think about how to deal with the issues addressed. When an employee comes to an emp...
How Can Employers Correctly Track Paid Hours for Hourly Employees?
September 04, 2020 12:45 - 12 minutes - 13.3 MB[youtube https://www.youtube.com/watch?v=Bz13X5PfR4Y] Employees that work from home on an hourly basis need an ability to clock in and out for their scheduled hours and an ability to report the time that they worked in an unscheduled time. For example, if the employer was not expecting the employee to work at 10 pm, and yet they did, the employer has to put together a reasonable process for reporting the unscheduled work time so that the employee can be paid accordingly. It can be a discipli...
When and Why Would You Use a Performance Improvement Plan?
September 03, 2020 12:45 - 13 minutes - 14.5 MB[youtube https://www.youtube.com/watch?v=AUn4WQ017ds] It can be difficult for management to understand why an employee may be excelling in one area of a job while underperforming in another. Performance is evaluated on an ongoing basis but, often, it is an annual review. A Performance Improvement Program (PIP) basically shortens the length of performance reviews. It provides more feedback more often to an employee, normally around a specific issue. A PIP should be implemented when an em...
Can My Employer Keep Me Past City Curfew?
September 02, 2020 12:45 - 8 minutes - 10.2 MB[youtube https://www.youtube.com/watch?v=0_35zj3H11g] The short answer to this question is “yes”. Of course, telecommuting is preferable. If the work can be done from home, the employer and employee should discuss options to prevent complications that arise due to situations such as the current lockdowns or city-wide protests. Do keep in mind that factors such as business expenses vary by state whether they are reimbursable by the employer. The processes for tracking attendance and upholdin...
Can I Force an Employee to Sign a Non-compete?
September 01, 2020 13:00 - 16 minutes - 18.8 MB[youtube https://www.youtube.com/watch?v=RfwwapAGcco] In answering this question, it is important to note the differences between “noncompete”, “non-solicitation”, and “company” or “trade secrets” when navigating future opportunities. “Noncompete” simply means that the employee cannot seek work in the same industry by becoming an employee or partner of a competitor. Note that the “duty of loyalty” exists without any sort of agreement— although it is always better to spell things out to all ...
Post Accident Drug Testing, and Why Handbooks are HARD!
August 31, 2020 14:00 - 11 minutes - 12.5 MB[youtube https://www.youtube.com/watch?v=dHr2N0tkHcc] In this episode, we dive into Post Accident Drug Testing. After Oct 2018, OSHA has stated that most instances of workplace drug testing are permissible, including: Random drug testing; Drug testing unrelated to the reporting of a work-related injury or illness; Drug testing under a state’s workers’ compensation law; Drug testing under another federal law, such as a U.S. Department of Transportation rule; and Drug testing to evalua...
What Are the Law Updates for Employers in August 2020? Part 3
August 28, 2020 12:45 - 10 minutes - 8.85 MB[youtube https://www.youtube.com/watch?v=opgvh1N2grU] This episode goes through law updates in August 2020: Nebraska Employee Misclassification: The Employee Classification Act is amended to change enforcement provisions. The change provides that the commissioner may issue a citation to a contractor when an investigation reveals that a contractor has violated the act. Nebraska Smoking in the Workplace: The Nebraska Clean Indoor Air Act is amended to exempt electronic smoking device retail ...
What Are the Law Updates for Employers in August 2020? Part 2
August 27, 2020 12:45 - 11 minutes - 9.06 MB[youtube https://www.youtube.com/watch?v=_O-t_rz13pU] This episode goes through law updates in August 2020: Georgia Disaster and Emergency Services Volunteer Leaves: Under the Disaster Volunteer Leave Act, employees of state agencies who are certified disaster service volunteers may be granted paid leaves of absence for no more than 15 workdays in a 12-month period to participate in specialized disaster relief services for the American Red Cross. Georgia Meal and Rest Periods: A new law re...
What Are the Law Updates for Employers in August 2020? Part 1
August 26, 2020 12:45 - 9 minutes - 9.66 MB[youtube https://www.youtube.com/watch?v=8gjNHRI2KAs] This episode goes through law updates in August 2020: California Unemployment Insurance: Tax-rated employers will receive relief from unemployment insurance benefit charges related to COVID-19. Alongside other states, California will not count COVID-19-related claims against employers. Colorado Labor Relations: The Colorado Partnership for Quality Jobs and Services Act was enacted to provide state employees with the right to self-organiz...
What Do Employers Need to Know About COVID-19 Liability?
August 25, 2020 12:45 - 10 minutes - 11.5 MB[youtube https://www.youtube.com/watch?v=ts3aW2E7J1Q] This episode covers COVID-19 liability. As an employer recovering from shutdowns in your area, you may be in danger of getting a consumer or employment complaint from their potentially getting sick in your office or store. The liability shield for these situations is a major part of the discussion for the proposed stimulus bill because there is a major concern that, without it, many businesses will become vulnerable to legal troubles once...
How Many Businesses Were Prosecuted by the DOL Last Month for Primary Violations?
August 24, 2020 12:45 - 11 minutes - 11.9 MB[youtube https://www.youtube.com/watch?v=nWS79DfmIZA] Despite the many drastic developments that the U.S. has undergone in 2020, the Department of Labor remains vigilant in prosecuting and charging those convicted of primary violations. This episode covers the five cases filed last month. Three unrelated employers in Florida and Minnesota have paid a combined $6,528 in back wages to three employees for violating the paid sick leave requirements of the newly-enacted Families First Coronaviru...
How Does President Trump’s New Executive Order Affect H-1B Visas?
August 21, 2020 12:45 - 11 minutes - 11.5 MB[youtube https://www.youtube.com/watch?v=RP7oCJPkkSM] On August 3, 2020, a Tennessee Valley Authority action prompted President Trump to issue an Executive Order that cracks down on H-1B visas by requiring federal agencies that use government contractors to scrutinize contracts awarded in fiscal years 2018 and 2019 to determine whether: Contractors and subcontractors used temporary foreign labor for contracts performed in the United States, and, if so, to determine the nature of the work per...
How Many People Will Work From Home in 2021? When Will We End the Layoffs?
August 20, 2020 12:45 - 8 minutes - 8.42 MB[youtube https://www.youtube.com/watch?v=d8s1XvWo4V0] A recent COVID-19 employer survey conducted by Willis Towers Watson says that a majority of North American employers expect that most of their furloughed workers will return to work by the first quarter of 2021. However, relatively few employers expect this to be the case for laid-off employees. Even though more employees are working remotely than ever before, few companies have policies in place that could encourage this arrangement onc...
California SUES Uber and Lyft for Wage Theft!
August 19, 2020 12:45 - 8 minutes - 8.03 MB[youtube https://www.youtube.com/watch?v=R4ou875lubg] The California Labor Commissioner’s Office has filed separate lawsuits against transportation companies Uber and Lyft for committing wage theft by misclassifying employees as independent contractors, which deprived their drivers of a host of legal protections such as paid sick leave and reimbursement of drivers’ expenses, in violation of California labor law. In 2018, the California Supreme Court’s Dynamex ruling established the "ABC tes...
Does the Trump Executive Order Mean I Can Stop Withholding Employee Tax Payments?
August 18, 2020 13:00 - 11 minutes - 11.9 MB[youtube https://www.youtube.com/watch?v=Owy-xuAGWFU] Today’s episode explains President Trump’s recent executive order to extend pandemic unemployment benefits, student loan payment deferrals, eviction protections, and payroll tax cuts in the wake of COVID-19. One of the new benefits allows for $400 per week into December, compared to the previous unemployment insurance of $600. President Trump explained that states will be covering 25% or $100 per week per individual. Another of the memor...
Q&A: Harassment in the Workplace
August 17, 2020 14:00 - 17 minutes - 16.4 MB[youtube https://www.youtube.com/watch?v=5ojro6EBuw8&w=560&h=315] In this episode, we answer four common questions regarding harassment in the workplace. We received a complaint about harassment. How should we respond? When a company suspects that an employee has violated its harassment or discrimination policy, we recommend conducting a complete (and well-documented) investigation into the allegations. This includes speaking with the employee who made the complaint, the accused employee, ...
How Do You Determine Whether an Employee Qualifies for Exemption?
August 14, 2020 12:45 - 14 minutes - 14 MB[youtube https://www.youtube.com/watch?v=nTCyKVzjues] Today’s episode summarizes all we have discussed regarding the FLSA exemption and provides an assessment that we recommend you perform with every single one of your employees. Even if the information you write down is not entirely accurate, simply having this information on paper for each of your employees makes a huge difference whenever a situation calls for you to recall these critical factors. On each evaluation sheet, provide the f...
How Do You Qualify for the Computer Employee, Outside Sales Employee, or Highly-Compensated Worker Exemption?
August 13, 2020 12:45 - 16 minutes - 16.1 MB[youtube https://www.youtube.com/watch?v=s2c6Zy4kgM8] In Part 3 of our series on understanding FLSA exemptions, we went over the qualifications for the professional employee exemption. In Part 4, we will cover the computer employee, outside sales employee, and highly-compensated worker exemption. To qualify for the computer employee exemption, the following tests must be met: The employee must be compensated either on a salary or fee basis at a rate not less than $684 per week (as of 2020)...
How Do You Qualify for the Professional Employee Exemption?
August 12, 2020 12:45 - 15 minutes - 15.1 MB[youtube https://www.youtube.com/watch?v=9wvWuy0oBhU] In Part 2 of our series on understanding FLSA exemptions, we went over the qualifications for the administrative employee exemption. In Part 3, we will cover the professional exemption. There are two general types of exempt professional employees: learned professionals and creative professionals. To qualify for the learned professional employee exemption, all of the following tests must be met: The employee must be compensated on a sal...
How Do You Qualify for the Administrative Employee Exemption?
August 11, 2020 12:45 - 17 minutes - 19.7 MB[youtube https://www.youtube.com/watch?v=SMr29G6SAUw] In Part 1 of our series on understanding FLSA exemptions, we went over what an exempt employee is, what you can and cannot do to their pay, and why you may want to have an exempt employee. In Part 2, we are deep-diving into the administrative exemption. To qualify for the administrative employee exemption, all of the following tests must be met: The employee must be compensated on a salary or fee basis (as defined in the regulations) a...
How Should I Decide Whether to Pay a Salary or an Hourly Wage?
August 10, 2020 12:45 - 15 minutes - 14.6 MB[youtube https://www.youtube.com/watch?v=jY6wzGSvdhY] In this episode, we break down salaried versus hourly pay. This is going to be Part 1 of 5 for our weeklong coverage of the exempt and non-exempt from the Fair Labor Standards Act (FLSA). The Fair Labor Standards Act (FLSA) requires that most covered employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours...
How Can You Tell Whether a Worker is an Employee or an Independent Contractor?
August 07, 2020 12:45 - 16 minutes - 16.5 MB[youtube https://www.youtube.com/watch?v=0KZ8yZlZQoA] In Part 2 of this six-part series, we go into further discussion on employee classification with regards to independent contractors vs employees. We will start by covering the other two other tests which the NLRA uses to determine the employer-worker relationship: The Fair Labor Standards Act (FLSA) Economic Realities Test and the Discrimination Statutes Test. The FLSA Economic Realities Test may apply only to workers designated as empl...
What is in the New Q&A Released by the Department of Labor on COVID-19?
August 06, 2020 12:45 - 17 minutes - 17.2 MB[youtube https://www.youtube.com/watch?v=9to1DzgGAOk] In this episode, we discuss the new Q&A released by the Department of Labor around Coronavirus, particularly with regards to labor-related scenarios. QUESTION #1: How many hours is an employer obligated to pay an hourly employee who works a partial week because the employer’s business is closed? Under the Families First Coronavirus Response Act (FFCRA), an employer has obligations to provide leave in a variety of cases. But what if you ...