DOL Mandatory Posters – HR’s Version of the Mona Lisa


The Mona Lisa certainly has more of a following than the DOL posters, but just as the Mona Lisa is a must-see, DOL posters are a must-have. On August 1, 2016, the DOL updated its mandatory posters for both the Federal Minimum Wage poster and the Employee Polygraph Protection Act poster. The wage poster has been revised to include a section on the rights of nursing mothers to receive reasonable break time to express breast milk, as well as new information on the consequences of incorrectly classifying workers as independent contractors. Civil monetary penalty limits have been removed from both posters, and the EPPA poster alters the toll-free phone number for employee reports of violations. To stay compliant, human resource personnel and business owners should be sure that the newest versions of these posters are immediately displayed in the workplace. To make your jobs a little easier, I have provided […]

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Tennessee Employers: Deadline to Amend Signs Prohibiting Firearms in Workplace


Tennessee law permits employers and business owners to prohibit employees and customers/clients from bringing firearms and weapons onto company premises, even when the individual has an otherwise valid carry permit. However, to effectuate this prohibition, employers and business owners must comply with the notice requirements of Tennessee statutory law, Tennessee Code Annotated section 39-17-1359(b), which was recently amended by Governor Haslam. Under Tennessee law, an employer or business owner is authorized to prohibit the possession of firearms or weapons on company premises, so long as certain requirements are met. These requirements are as follows: The employer/business owner must post a sign that includes the phrase “NO FIREARMS ALLOWED” in English. The sign must be at least one inch high and eight inches wide. The sign must include a visual representation – a circle with a diagonal line over a firearm. The diagonal line must be at a 45 degree angle from the upper left to the […]

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Maternity Leave and Paternity Leave: What to Expect When Your Employees are Expecting?


Once the daycare arrangements are made and a copy of “What to Expect When You’re Expecting” lands soundly on the nightstand, the next call is to HR – “What maternity/paternity leave am I entitled to?” I get many questions from business owners anxious to be sure that they are providing the appropriate amount of leave to their employees. Below, I tackle some of the most common questions on maternity/paternity leave posed to me: What maternity/paternity leave are employees entitled to? Well, unless you are Netflix (one year leave!) – the types of maternity/paternity leave an employer must offer depends on the size of the business and the laws of the particular state.  As it pertains to federal law, employers with 50 or more employees must afford their employees with medical leave as guaranteed by the Family and Medical Leave Act (“FMLA”).  Under the FMLA, an eligible employee is entitled to up to 12 weeks of […]

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Top 5 Questions on the FLSA Overtime Changes


(1) Am I even covered by the FLSA – my business is small? The FLSA does not provide an exemption from its minimum wage and overtime requirements for small businesses.  The FLSA applies to your business if the business has an annual gross volume of sales made or business done totaling $500,000 or more. Even if the $500,000 threshold is not met, individual employees of the business are covered by the FLSA if they engaged in interstate commerce or the production of goods for interstate commerce. Note: this can be as simple as consistently sending mail out of state. (2) How do non-discretionary bonuses and incentive payments apply to the Final Rule? Under the Final Rule, employers may use non-discretionary bonuses and incentive payments, including commissions, to satisfy up to 10% of the salary level ($913 per week, $47,476 annually).  For employers to apply these payments to the salary level, they […]

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DOL Overtime Rule Released – HR/Business Owners, Are You Ready?


It. is. here. You have read my blogs on this topic for almost one year and last night, the Department of Labor made good on its promise.  The “Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees” was released. Here is what you need to know: 1. The “Salary Level” Test Changed.  Prior to the Final Rule, an employee meeting the requisite duties tests for the White Collar Exemptions could be classified as exempt from the Fair Labor Standards Act, and thereby, not covered by the Act’s overtime and minimum wage requirements if the employee was paid $455 per week ($23,660 annually).  Under the Final Rule, to retain the exemption, such employees must be paid $913 per week or $47,476 annually.  This threshold is lower that the DOL’s proposed salary threshold of $50,440.  Importantly, the Salary Level test was also changed to allow employers […]

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