Allied Global Services » Hiring Resources

10 Useful Department of Labor Resources

AndyD — Thu, 01 Sep 2011 21:08:03 +0000

Nothing can be more crippling to an organization than ignorance of the law. With the ever-changing employment legislation at the state and federal level, staying informed is of the utmost importance to every hiring professional. The Department of Labor contains a wealth of information to inform, educate and explain many of the issues and policies affecting employers today. Here is a list of frequently requested resources on the DOL website.

Frequently Asked Questions

The frequently asked questions page is a great place to start when you’re looking for anything DOL related. The questions are grouped by topic for easy navigation, from Laws and Regulations to Workers’ Compensation to Health Plans & Benefit and Jobs & Training. This is a great place to start getting easy answers to tough questions.

DOL Forms Library

The forms library is the second most useful page on this site, behind FAQs. Who knew that even after paperwork reduction and e-government we’d still be required to turn in those pesky forms? Luckily, the DOL has compiled an exhaustive list of required forms for all things labor. This database is searchable by keyword or categorized by title, number or agency: Nifty, huh?

Consumer Price Index

The Consumer Price Index (CPI) is a handy little report the DOL publishes on a monthly basis. In these global times of lightning speed communication everyone is your customer from vendors and employees to people who purchase products and services. Stay abreast of the latest data in your industry in one convenient place: the Consumer Price Index.

COBRA Continuation Coverage

How did the American Recovery and Reinvestment Act change COBRA coverage in 2010? Do you need to change your policies? What will the changes cost? You’ve got questions? This DOL page will give you peace of mind. You can learn about premium reduction requirements, how to submit documents properly, as well as important tax information for you organization.

Unemployment Insurance

Unemployment Insurance can be a complex issue for employer and employee alike. The patchwork regulations and statutes across the states are enough to keep even the most astute employer constantly guessing. This section of the site delves deeply into every angle; you will be sure to benefit from visiting this site frequently.

Workplace Poster Requirements

For a table of required postings, visit the workplace poster requirements section of the DOL site. Here you can easily lookup your specific employment situation. This list even includes posters of special interest to federal contractors. Be sure to contact your state Department of Labor to obtain information about your state’s specific requirements.

OSHA Safety and Health Topics

The Occupational Safety & Health Administration (OSHA) provides specific guidelines for workplace hazards as well as individual industries. Keep your employees healthy, keep your employees! OSHA pages provide assistance for complying with standards in reducing occupational injuries and illnesses.

State Minimum Wage Laws

Besides the federal minimum wage, many states have enacted their own policies dictating employment wage. Staying within compliance of these laws will save your organization a headache or two, not to mention a chunk of change. This page can help answer questions and avoid pitfalls.

FMLA Compliance

Don’t be caught unawares of this one. The Family Medical Leave Act affects a large number of employers. Compliance information, facts sheets and FAQs for special cases abound. Make sure to visit regularly so you can always stay compliant and profitable.

FLSA Compliance

The Fair Labor Standards Act (FLSA) covers much more than minimum wage. FLSA includes overtime, time clock limits, employer recordkeeping and child labor. There is a bounty of tools here to help you stay compliant. You can even get interpretive guidance through published opinion letters, bulletins and handbooks. Of course the DOL website contains much more information; however, these links should help keep you informed on some of the top pressing employment issues and policies. If you have a question relating to employment, remember, you can always contact the Department of Labor.

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).