Consultstu LLC provides
fractional HR support to small/mid businesses. We develop and deliver customized solutions to meet each companies' budget and needs. Our team will support your HR needs, keep you in compliance and share new trends and solutions. Stay up to date with the latest HR, risk management, safety, recruiting and benefit news.
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OT exemption not applicable to local dump trucks
GA Wage & Hour office recovers $79k in back wages for 45 workers
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WASHINGTON DC - 6/16/16 - Investigators with the U.S. Department of Labor's Wage and Hour Division, Atlanta District Office, completed an
investigation at Concrete Supply Co. and concluded that the company violated the overtime and recordkeeping provisions of the Fair Labor Standards Act. Specifically, the employer misapplied an overtime exemption meant for interstate truck drivers, driver's helpers, loaders or mechanics, and improperly categorized its local dump truck drivers as exempt. Concrete Supply hauls sand, stone, topsoil, construction and bulk materials within Georgia's state lines.
Click here to learn more about the Interstate Driver overtime exemption.
The precise amount of time devoted to interstate transport may not be the sole factor determining the applicability of the exemption. Rather, employers should also consider whether an employee performs work that affects the safety of transportation operations that reasonably can be expected to cross state lines.
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Surveillance video caught work comp fraudster
Faked injury caught because of closed circuit video surveillance
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Fort Lauderdale, Fla. - (Aug 5, 2016) The Department of Financial Services' Division of Investigative and Forensic Services (DIFS) has arrested Sheyla Veronica White following her attempt to fraudulently collect workers' compensation payments following an alleged on-the-job injury. White claimed that a sprinkler head fell from the ceiling, bounced off her desk, and struck her in the head. Her employer, Cinque Terre Energy Partners, LLC promptly filed a compensation claim related to the alleged injury. Video surveillance footage later proved a different series of events surrounding the alleged injury.
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| What is the Office of Compassionate Use in Florida?
New State department will oversee medical marijuana in FL
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The Compassionate Medical Cannabis Act of 2014 charged the Florida Department of Health with overseeing the regulatory infrastructure for medical cannabis in the state. After the Act was signed into law by Governor Scott, the department established the Office of Compassionate Use (OCU) to write and implement the department's rules for medical cannabis, oversee the statewide compassionate use registry, and license
six Florida businesses to cultivate, process, and dispense medical cannabis to qualified patients.
Click here to see if you doctor has taken the mandatory state training to prescribe medical marijuana.
For more information regarding Florida medical cannabis law, please find the full text of
section 381.986, Florida statutes.
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| Florida Insurance agency sued for revoked job offer
Brown & Brown sued by EEOC for pregnancy discrimination
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MIAMI - A Daytona Beach-based insurance brokerage firm is alleged to have violated federal law by rescinding a job offer to a woman because of her pregnancy,
according to a lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC). The applicant received an employment agreement for a "personal lines technical assistant" position, with a proposed start date. Upon receipt of the offer letter, the applicant emailed the department leader, affirming her interest and seeking to ask a few questions regarding the offer. Hours later, the applicant spoke with the department leader's assistant and inquired about maternity benefits because she was pregnant. Minutes after the department leader was informed about the pregnancy, the offer was rescinded via email because the agency had a "very urgent need to have somebody in the position long term" Read the
EEOC's Guidance on pregnancy.
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Contractors: EPA Lead Certification requirement
More about the EPA Renovation, Repair and Painting Program
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The EPA's Lead Renovation, Repair and Painting Rule (RRP Rule) requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities and pre-schools built before 1978 have their firm certified by the EPA (or an EPA authorized state), use certified renovators who are trained by EPA-approved training providers and follow lead-safe work practices. In Florida, the federal EPA monitors the program.
Property managers click here.
Becoming a lead-safe certified renovation firm,
click here for the steps.
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New DOL posters - FLSA and Polygraph Protection
Download the revised posters for FREE
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The U.S. Department of Labor (DOL) has updated its
Fair Labor Standards Act and
Employee Polygraph Protection Act posters. The new versions are now available for download for
free. The poster contains some language changes, but the federal minimum wage of $7.25 per hour is unchanged.
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EEOC publishes revised rules for EEO-1 forms
Data collection methods for pay data adjusted by DOL
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Washington DC - (July 14, 2016) The U.S. Equal Employment Opportunity Commission (EEOC) released revised proposed changes to the Employer Information Report (EEO-1). The changes generally concern how pay data will be reported. The latest proposed changes include:
- All EEO-1 respondents will be required to submit the 2017 EEO-1 report by March 31, 2018.
- W-2 Box 1 income will be the measure of pay for the EEO-1 report
- Hours worked data for non-exempt is straight forward, but exempt employees may be reported as 40 weekly, or actual hours worked.
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Appealing Healthcare Marketplace decision letters
Employers have 90 days to file written appeal - don't delay
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Florida employers are starting to receive letters from the Health Insurance Marketplace stating that they may be subject to the shared responsibility fees for specific employees who have received federal subsidies under the Affordable Care Act (ACA). Under the health care law, certain employers with 50 or more full-time employees (or equivalents) must offer health insurance coverage to their full-time employees (and their dependents) that meets certain minimum standards or pay a fee called the Employer Shared Responsibility Payment. Employers below 50 employees (based on the ACA rules and regulations) are not subject to shared responsibility payments.
More information on how.
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Thank you for reading our HR newsletter. We strive to provide you with trending information to assist with compliance, prevent costly HR mistakes, control HR cost and improve overall employee satisfaction with HR and safety.
Sincerely,
Stuart Charlson, JD
HR for Business - ConsultStu, LLC
Fractional HR Services for Growing Businesses
Advisor on "Unbundling" HR services
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Disclaimer/Reminder
This newsletter does not constitute legal advice or legal services, and is solely provided for informational purposes only.
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