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U.S. Supreme Court Makes Clear There Is No Heightened Standard for Employers to Establish an FLSA Exemption Applies
By Justin R. Barnes & Jeffrey W. Brecher, Jackson Lewis Attorneys at Law Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA),...
U.S. Supreme Court Makes Clear There Is No Heightened Standard for Employers to Establish an FLSA Exemption Applies
By Justin R. Barnes & Jeffrey W. Brecher, Jackson Lewis Attorneys at Law Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA),...
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HR Compliance Update | January 13, 2025
FEDERAL UPDATES ACA Reporting Requirements – Effective January 1, two new laws alter employer requirements under the Affordable Care Act. Until now, Applicable Large Employers (ALEs; 50+ FTEs) have been required to automatically provide Form 1095-C to full-time...
Business Must Pay $25,000 to Worker Who Sought Protected Leave
Running a small or midsize business comes with various challenges, including ensuring compliance with employment laws. One crucial aspect is understanding the penalties associated with violating these laws. In a recent case involving a railway business, the U.S....
How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers
By Tanya A. Bovée, John M. Bryson, Matthew J. Camardella, Michael R. Hatcher, Monica H. Khetarpal, Samia M. Kirmani, Laura A. Mitchell, Michael D. Thomas & Carol R. Ashley with Jackson Lewis P.C. The U.S. Supreme Court held that the use of race...
$290,000 Lawsuit by DOL Against Restaurant Operator for Illegal Tip Pool, FLSA Violations
As a small or midsize business owner, it's essential to be well-informed about employment laws and the consequences of non-compliance. Ignoring these regulations can lead to severe penalties and damage to your business's reputation. A recent case...
Payroll Companies Facing New Regulations
In recent years, payroll companies have experienced a significant shift in the regulatory landscape. Previously unregulated or unaware of potential regulations, these companies are now facing increased scrutiny from various states. Learn more about...
How to Write an Employee Handbook
Eight in 10 Fast Growing companies have an Employee Handbook updated in the past 12 months. That’s what the data shows from our 2023 HR Survey of over 2,000 small and midsize businesses. You can download your copy of our 2023 Small Business HR Benchmark Report at no...
Domino’s Pizza Franchisee Penalized by Justice Department for Requiring Excessive Employment Paperwork
As a small or midsize business owner, it is crucial to be aware of the potential penalties for violating employment laws. A recent settlement agreement between the Justice Department and Treacy Enterprises Inc., a Maryland-based Domino's Pizza franchisee, serves...
Employee Speech and Social Media Policies
In the age of social media, companies face new challenges in managing employee speech and its potential impact on their brand. The National Labor Relations Board (NLRB) has addressed the issue of employee statements on social media and the extent to which they...
25% of Businesses May Be Breaking Job Posting Laws
Job postings play a crucial role in attracting and hiring the right talent for organizations. However, many businesses are unaware of the legal implications associated with job postings. Compliance with federal, state, and local laws is essential to avoid legal...
Form I-9 Compliance Is Changing: “Physical Document” Inspection Required
This is a big change impacting every U.S. business with employees. All U.S. employers must complete Form I-9 for each person they hire for employment in the United States. This includes citizens and noncitizens. What’s changing? The U.S....
Employee Benefits Trends: Business Owner’s Guide to Attracting and Retaining Talent With a Benefits Plan Strategy
“The secret to my success is that we have gone to exceptional lengths to hire the best people in the world.” - Steve Jobs, co-founder of Apple. In today's competitive job market, how can you compete for talent? And once you’ve finally got a reliable...
Is Applicant Tracking Software Worth It?
In the realm of recruitment, the use of technology has become increasingly prevalent, with applicant tracking software (ATS) taking center stage. This article delves into the significance of ATS and its impact on company growth. By examining...
Easy Steps to Implement Earned Wage Access for Small Business Owners
As a small business owner, the idea of implementing an earned wage access (EWA) program might seem daunting at first. However, the reality is that the process is much simpler than you might think. In fact, with the right EWA provider, you can streamline the...
$150,000 Penalty for Pizza Franchisee Allowing Race-Based Harassment by Shift Managers
As small and midsize business owners, it is crucial to understand the gravity of breaking employment laws, particularly those related to racial harassment. A recent lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) against a pizza company...
TRAIN & MAINTAIN: Why Employee Development & Performance Management Are the Secret Sauce to Company Growth
“Train people well enough so that they can leave but treat them well enough, so they don't want to.” – Sir Richard Branson. So far, our Small Business HR Benchmark Report webinar series has explored recruiting through onboarding and compliance, and now it's time we...
How Job Boards Drive Growth in Fast-Growing Companies
In today's competitive business landscape, finding and attracting top talent is crucial for companies aiming for rapid growth. One powerful tool that has emerged as a game-changer in the hiring process is job boards. This article explores the...
$3,855 Penalty and 2 Years of Federal Monitoring for Business With Discriminatory Job Ad
Complying with employment laws is a vital responsibility for small and midsize business owners. Failure to adhere to these laws can result in significant penalties and legal repercussions. A recent settlement agreement between the Department of Justice (DOJ) and a...
Compliance: Do You Have the New Mandatory EEOC “Know Your Rights” Poster?
As a small or midsize business owner, it's crucial to be aware of the potential penalties for breaking employment laws. Violating these laws can lead to significant financial consequences and damage to your business's reputation. This article aims to...
More Than a Box Check | Why Onboarding Sets the Stage for Success
Communication, Compliance and Collateral: Asure’s Best Practices for Employee Onboarding & Compliance "Risk comes from not knowing what you are doing." – Warren Buffett As we continue to explore the eight HR best practice categories outlined in our Small...
$40,000 Penalty for Hotel Franchisee in Disability Discrimination Lawsuit With EEOC
As small and midsize business owners, it is crucial to be aware of the potential penalties associated with violating employment laws, particularly those related to disability discrimination. A recent lawsuit filed by the U.S. Equal Employment Opportunity Commission...
Top 7 Reasons Why Businesses Qualify for ERTC
ERTC is a tax credit giving businesses up to $26,000 per employee on their payroll. This is not a loan. This is the biggest employer’s tax refund in U.S. history. Check your eligibility the easy way. Use our ERTC self-quiz here. Our clients have received over half a...
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