Allied Global Services » Hiring Resources

TECHEXPO

admin — Thu, 06 May 2010 13:39:05 +0000

On May 12th Allied Global Services will be attending the TECHEXPO sponsored by the Lee’s Summit Chamber of Commerce at the University of Central Missouri’s Summit Center.

Opening up the event will be keynote speaker Jeff Lanza, former FBI agent with over 20 years of experience. Jeff Lanza will discuss identify theft one of fastest growing crimes in the United States and steps organizations can take to keep from being victimized.

Following Jeff Lanza presentation the following sessions are available:

Cloud Computing
Security and Disaster Recovery
Transforming Your Web Site to a Salesperson
Common Sense Approach to Technology / Small Business Tool Box
Enhancing Your Search Engine Ranking through the use of Social Media

Ending the day participants will have the opportunity to network with exhibitors over lunch to learn about technology products and services.

Date: Wednesday, May 12, 2010

Time: 7:30 am – 1:30 pm

Location: University of Central Missouri Summit Center, 850 Chipman Road, Lee’s Summit, MO 64063

Please join Allied Global Services on May 12th by registering online at http://bit.ly/beKyHb or contacting Mark Dickey at mdickey@lschamber.com

Fair Labor Standards Act (FLSA): (29 USC 201)

admin — Tue, 01 Dec 2009 18:30:56 +0000

This law is also known as “Wage/Hour” law, as the Wage & Hour Division of the U.S. Department of Labor (DOL) enforces it. The FLSA has four main components: minimum wage requirements, overtime requirements, child labor regulations, and equal pay provisions.
The minimum wage rules apply to any employee of any company who produces goods for interstate commerce or engages in duties affecting interstate commerce during any workweek. In general, the law applies to most employees for work done for most employers, although there are certain exceptions for certain industries and locations.
Overtime rules require pay at 1.5 times the hourly rate of the employee for all hours worked over 40 in any workweek, unless the employee performs work that is considered “exempt” from overtime. Generally, to be exempt, the work must be of a “professional” character (e.g., work performed by a “knowledge worker,” such as a lawyer, doctor, accountant, teacher, or other person in a profession which is predominantly intellectual in nature); or the person must be performing work primarily as a manager or supervisor (working foremen often are not exempt); or the person must be performing work of a high-level executive or administrative nature (e.g., work as a negotiator or agent, with substantial discretion and authority); or the person must be an outside sales representative.
Because a number of industries have managed to lobby for exceptions to minimum wage and/or overtime requirements, it may be useful to call your local Wage/Hour office to determine if any exceptions apply to your industry or to obtain the full text of the DOL regulations to check for such coverage’s.
Generally, the child labor provisions restrict the employment of youths below the age of 18 to no more than 20 hours per week when school is in session, and further limit their ability to work around dangerous equipment and machinery. Some special provisions exist for children working for parents/relatives on family farms. Often, work certificates may be required to employ youths during the school year, so it is advisable to contact Wage/Hour early to obtain guidance, as fines can be imposed and bad publicity can result from failure to comply with the law.
Employees who are not paid in compliance with the law may complain to DOL or can file their own actions in federal court. They can recover the sums which they should have been paid (going back 2 years from the date of suit, or 3 years if the violation is found to have been willful), and also can recover an equal amount in liquidated damages unless the company can establish substantial justification for failure to comply with the law. They also may recover attorney fees.
Of course, as is common in federal employment laws, any employee who makes a complaint to DOL or assists in such a complaint or attempts to enforce his/her rights is generally protected from retaliation (and may seek damages for emotional distress, as well as punitive damages, if retaliation is shown). In addition, the FLSA provides for criminal penalties (including fine and imprisonment), which are most often used for repeat offenders.
The DOL has extensive regulations concerning the FLSA, and also has several publications which may be useful to employers which are available from the DOL website. In addition, the DOL requires that a workplace poster be displayed which explains FLSA rights to employees. The provisions of the Equal Pay Act are discussed below, so this part of the FLSA will not be discussed here.

Title VII (Discrimination): (42 USC 2000e)

admin — Tue, 01 Dec 2009 13:52:23 +0000

Covers all companies with 15 or more employees (Note: in some cases, part-time or temporary workers, as well as leased employees or employees of affiliates, may be included to achieve coverage).
Title VII prohibits discrimination due to race, color, religion, sex (gender), and national origin in hiring, employment (all terms, conditions and benefits), and termination. Prohibits discrimination due to pregnancy and requires that pregnancy be treated the same as any other non-work-related disability. Also bars retaliation against the person who made a complaint or assisted the complaining party.
One of the key provisions is prohibition of sexual or racial/religious/ethnic harassment by supervisors, coworkers or even by third parties. Companies usually are strictly liable for discrimination by supervisors that results in tangible loss of job benefits. Otherwise, companies normally are liable only when the company failed to make reasonable efforts to stop the harassment (at least where the company had alerted employees to their right to complain and provided a reasonable avenue to receive complaints).
Another key provision is prohibition of unintentional discrimination by use of requirements which have an adverse effect (disparate impact) on protected groups, such as use of educational requirements, tests or lifting restrictions which exclude disproportionate numbers of certain protected groups, unless the employer can prove that the requirements are job-related and that the use of these standards is required by business necessity.
Enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and by state agencies in states that have comparable civil rights laws.
Charges usually have to be filed within 180-300 days after act of discrimination, and EEOC has 180 days thereafter to process charge, after which employee can file suit. Employee also can sue within 90 days after receipt of notice of termination of proceedings by EEOC.
Damages recoverable include back pay, reinstatement (or front-pay, if degree of hostility prevents reinstatement), damages for emotional distress and punitive damages for intentional bias (the combined totals for punitive and compensatory are capped, and range from $50,000 for companies with under 101 employees to $300,000 for employers with more than 500 employees).
EEOC has issued extensive regulations which interpret this statute and also requires that display of a poster explaining rights under the act (a copy is available from the EEOC site).