Employee didn’t report work hours: Still, his OT lawsuit stands

By Christian Schappel

This employer knew this guy worked overtime and wasn’t paid for it. But it said not getting paid was the worker’s fault. Is that a defense that can stand up in court? 
No — it isn’t.

Bottom line: If an employer knew — or reasonably should’ve known — an employee worked overtime that he/she wasn’t paid for, your company’s on the hook for that overtime bill … period.

Everything else — policy and/or timekeeping violations, instructions not to report or work overtime hours, etc. — is just window dressing.

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4 ways managers screw up progressive discipline

By Tim Gould

Most companies have established a system of progressive discipline for dealing with employees with performance or behavior problems. Too often, though, unthinking managers derail the process.
The tough truth is that any policy’s only as good as the people who have to enforce it on a day-to-day basis. Managers are only human (despite what their underlings may occasionally think), and, like the rest of us, they’re susceptible to acting on ingrained personality quirks.

Four pitfalls that trip up many supervisors as they try to correct employee problems:

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Tip Tuesday! Misclassification enforcement: 17 states now sharing info with DOL

By Jared Bilski

The DOL has been looking for help to come after employers that misclassify full-time employees as independent contractors (ICs) — and it just added another major ally to its growing list. 
Florida recently added itself to the other 16 states that have entered into formal agreements with the DOL to share info about worker misclassification.

The formal agreement, which is officially called a Memorandum of Understanding, allows the DOL and the Florida Department of Revenue to pass along any info they come across about workers who are misclassified as ICs.

The feds hope the info-sharing will make it easier to find and penalize employers that misclassify employees.

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Former DOL insider: FLSA changes coming in early 2015, get ready now

By Jared Bilski

Remember those changes to the FLSA’s “white-collar” exemption the DOL was supposed to release this fall? Well, they’re actually going to be released in the early part of 2015.
At least that’s what Tammy McCutchen, the former administrator of the DOL’s Wage-and-Hour Division (WHD), told SHRM online recently.

Little lag time

McCutchen also offered the following advice to employers regarding the FLSA changes: Start looking at employer classifications as soon as the proposed rule is released.
Her reason: The proposed-to-final-rule process isn’t likely to include many changes.

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The bleakest picture of today’s workplace we’ve ever seen

By Tim Gould

If you’re looking for a grim assessment of the State of the Workplace 2015, here’s some research that’ll fit the bill.  

Kessler International, a firm specializing in business forensics, recently polled upper and mid-level management at 40 professional services firms on the state of workplace manners, etiquette and ethics.
Eighty-four percent of respondents said their staff was inconsiderate and rude. And 65% felt a majority of their staff lacked a moral compass.

Wow.

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Can you ask employees to work during FMLA leave? Better be careful

By Tim Gould

If you’ve got an employee who takes FMLA leave, you may have to check in with him or her occasionally. But be careful not to cross this line. 

If you ask the employee on leave to do anything that remotely resembles “work,” you could find yourself in a situation like this employer.

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Tip Tuesday! Feds release sample Form 5500, add a slew of changes

By Jared Bilski

Even though you still have plenty of time before filing 2014’s Form 5500, you’ll probably want to take a look at what this year’s form actually includes.


Reason: The DOL included a number of notable changes in the 2014 edition of Form 5500 (of which the agency provided informational copies, schedules and instructions).

The changes are at least in part influenced by the Government Accountability Office (GAO). Early on in 2014, that agency asked the DOL and IRS to change the way certain items are reported on Form 5500 by plan sponsors.

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