No one doubts that employers' health care costs are a major issue, nor that access to health care is also critical to attracting and retaining qualified and experienced employees. But employers are not limited to an "all-or-nothing" choice. As explained recently by one federal court, the Employment Retirement Income Security Act's (ERSIA) minimum participation requirements permit an employer to preclude hourly employees from participating in a benefits plan. In the case of first … [Read more...] about Employee Benefits: They’re Not for Everyone
No, this is not a new legal standard or regulation, and the Guideline does not create new legal obligations for employers. But if you have home health or other employees driving as a part of their job, you will want to check out the Occupational Safety and Health Administration's (OSHA) new Guidelines. OSHA joined the National Highway Traffic Safety Administration and the Network of Employers for Traffic Safety to develop a 32-page document offering help to employers designing an effective … [Read more...] about New OSHA Guidelines for Reducing Motor Vehicle Crashes
The EEOC has announced final approval of the new EEO-1 Report (Employer Information Report) to go into effect for 2007. The new form is the first major change to the employer survey in four decades and will be required for the 2007 survey, which is due by September 30, 2007. What is the EEO-1 Report, you ask? The Report is a government form requiring many employers to provide a count of their employees by job category and then by ethnicity, race and gender. The EEO-1 report is submitted … [Read more...] about New EEO-1 Report for 2007
More and more we see the issue being raised in the courts. What is the effect of your company being part of a network or group of companies with common ownership? What if the companies have shared payroll, resources, management, policies or benefit plans? The Department of Labor (DOL) has held that too much closeness may lead to joint liability. Last year, the DOL issued an opinion letter in response to a question from a health care system about its obligation to pay overtime under the … [Read more...] about When Two Are Made One…For Overtime Liability
We all know that RNs and other "professionals" under the wage and hour laws must be paid on a "salary basis" in addition to performing the qualified professional duties in order to retain their exempt status. However, that raises an Issue. The Issue? Does the fact that you pay exempt RNs or other employees an additional incentive pay (called "shift differential pay" in Department of Labor [DOL] lingo) for working evenings and nights or other more difficult shifts affect their "salary basis" … [Read more...] about Shift Differential Pay Is A-Okay
The cheap answer is: Case Managers' exemption under the Fair Labor Standards Act's (FLSA) overtime requirements must be determined on a case-by-case basis. The tougher analysis is that the Department of Labor (DOL) has apparently continued its earlier position that case managers are typically non-exempt and, thus, entitled to overtime. With all the celebration surrounding the DOL's regulations issued in 2004, providers remained frustrated with the DOL's complete failure to address the exempt … [Read more...] about Case Managers: Exempt or Non-Exempt?