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October 2008 News

October 15, 2008 | Recent reports show that women are loosing jobs at a faster rate than men.

The rise in the unemployment rate for women from July to August may indicate women are being affected more severely by the economy than they have been for seven years. Black women and single mothers are among those hardest hit.

A sharp monthly rise in unemployment for women could be a sign that the economic slowdown has begun to hit working women with a force not seen since the 2001 recession.

When the unemployment rate for women went from 4.6 percent in July to 5.3 percent in August, it was the largest one-month spike in the jobless rate for women in more than 33 years.

Black women were hit even harder, as their unemployment rate jumped 21 percent, from 7.5 percent in July to 9.1 percent in August.

Among single mothers and women with families, unemployment climbed to 9.6 percent in August — the highest level in 15 years.

This indicates the possibility of discriminatory practices during recent lay off’s. The EEOC is taking notice, they will investigate every claim and the ramifications can be steep.

Does this affect your company? YES.

An EEOC investigation can be time consuming and costly to an employer. It costs an employee absolutely nothing to file a complaint, valid or not, with the EEOC. When the EEOC receives a complaint of suspected discrimination they will ALWAYS investigate. What can you do to protect yourself?

DOCUMENT DOCUMENT DOCUMENT!!
Proper documentation can save you from a costly and embarrassing investigation. With the proper documentation a claim can be resolved quickly. Otherwise the EEOC can and will come to your worksite, audit all employee files, interview your employees, interrupt your normal business flow and disrupt morale.

Laying off valued employees is one of the hardest decisions you will make as an employer. There are tools that we can use to assure you are compliant with rules and regulations during that most stressful of times. Protect your company. Give us a call today.

October 15, 2008 | ADAAA/S.3406 Effective January 1, 2009

On September 25, 2008, President Bush signed into law the ADA Amendments Act (ADAAA/S. 3406). This law (Public law number 110-325), constitutes the first legislative change to our nation’s landmark disability statute, the Americans with Disabilities Act of 1990 (ADA). The law becomes effective on January 1, 2009.

The purpose of the ADA Amendments Act is to overturn several Supreme Court and lower court decisions over the past decade that limited the ADA’s coverage. However, the ADAAA also will leave intact the first prong of the disability definition language, so that a person will still need to show that he/she has a physical or mental impairment that “substantially limits” one or more of his/her major life activities in order to be protected under the ADA.

While the first prong of the disability definition will remain the same, the most significant changes to current law contained in the ADA Amendments Act are as follows:

Excludes Consideration of Mitigating Measures – The ADAAA will prohibit consideration of mitigating measures in determining whether an individual has a disability, with the exception of ordinary eyeglasses and contact lenses. In other words, employees will be evaluated without regard to the hearing aids, medication, prosthetic devices and other measures they use to manage their impairments.
Expands the Definition of “Regarded As” Prong – The ADAAA will provide that an individual is “regarded as” having a disability if the employee establishes that he/she has been discriminated against because of an actual or perceived physical or mental impairment. This new provision ensures that people who are fired or suffer other adverse employment actions because they are regarded as disabled can prevail if they prove that they were discriminated against. However, the “regarded as” prong would not apply to transitory and minor impairments where the impairment is expected to last less than six months. The legislation also makes clear that employers will not be required to provide a reasonable accommodation to individuals that are regarded as disabled.
Establishes New List of Major Life Activities – The ADAAA will introduce a new, non-exhaustive list of major life activities that will now include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. For the first time, major life activities will also include the operation of major bodily functions, including functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
Broadens construction – The ADAAA will establish a new rule of construction emphasizing the importance of the findings and purpose language in the bill by directing courts to interpret the definition of disability consistent with those provisions.
Authorizes regulations – The ADAAA explicitly authorizes the U.S. Equal Employment Opportunity Commission and the Departments of Justice and Transportation to issue new regulations.

October 15, 2008 | Recruiting the best in our current economic times

The unemployment rate is at a five year high. This is something that employers who are looking to upgrade their existing team or hire new people can use to their advantage. This means there are more talented people that are available, either unemployed already or are looking because of the uncertainty in their industry.

Attracting top talent in the manufacturing and service sectors is becoming easier, according to the Leading Indicators National Employment report. The recruiting difficulty index measures how difficult it is for employers to recruit A-level candidates to fill positions that are of greatest strategic value to employers.

The Leading Indicators National Employment (LINE) report for October 2008, released Oct. 3, is based on a monthly survey of HR executives at more than 500 manufacturing and 500 service-sector organizations. These two sectors together employ more than 90 percent of the nation’s private-sector workers.

Have you been thinking of filling an open position or replacing a c player? This is the time to get out there and start recruiting! We here at LAI have a full service recruiting offering and will be happy to assist you as much or as little as you would like with your recruiting efforts. Give us a call for a free consultation.

September 2008 News

September 5, 2008 | FLSA Compliance- Fastest Growing Employment Law Claim – Pitfalls to avoid.

Did you know that under federal law, an employer can be liable for two times the amount of back wages owed (as liquidated damages)? In addition state and federal law allow successful employees to recover attorney’s fees and court costs. This can add up to substantial amounts.

Pitfalls to avoid:

Exempt vs. Non-exempt
Many business owners get confused with this and salary vs. not salary. Exempt means a position is not overtime eligible. It does not matter if they are paid salary or not. Non-exempt means the position is over time eligible. Whether a position is Exempt or non-exempt is dependent on the job duties and responsibilities of the position.

Free and Clear lunch break
We all admire diligent workers, but be careful of those that work consistently during their lunch hour. Make sure your employees are taking their lunch break away from their desks, out of their office areas, or else you will have to make sure this is considered time worked. This time worked each day could add up to where it puts the employee into overtime status.

Not paying for overtime worked
This is not a legal practice. Employers make sure you have a policy that states all overtime must be approved in advance. Many businesses think this means they then do not have to pay for the overtime worked if not approved, wrong. YOU have to pay for actual hours worked. You should treat this as a disciplinary issue, not following policy and pursue the issue from that stand point. By not paying the overtime you are in violation and will be subjected to penalties and fines.

Review your workforce for child labor violations
Child Labor Penalties under section 12 and 13 were increased to $11,000 for each employee who as the subject of the violation. In addition GINA added a $50,000 penalty if there is a death or serious enjoy of an employer under the age of 18 who is employed in violation of the law. Part timers and interns are a great way to supplement a businesses work force need. With summer and part time help or internships, you have to make sure you are in compliant with the child labor laws for anyone you hire under the age of 18. The hours are restricted for those under 18 and even stricter for those under 16. Make sure you know the law if you are employing those below the ages of 18.

Early birds and night owls
Another area where businesses can get themselves into trouble is times before and after work. When an employee arrives early to start their day, you must pay them for the time worked. If the employee starts before their start time, the company has to pay them. It is best to make sure that if you have early birds or night owls that you are clear about the hours that you want them to start and stop. If they do arrive early, make sure they do not start on their work or else you will have to count this as time worked and pay them for all hours, including overtime if applicable. If they continue to do this, then you will have to make it a discipline issue versus not paying for the time.

Break periods
Under most state laws, including Georgia, employees are entitled to breaks after a certain number of hours. Companies should ensure that employees are taking these breaks.

Lowden and Associates can help you assure you are in compliance by conducting an FLSA audit. LAI is offering a 10% discount during the month of September 2008. Take advantage of this special offer. Protect your business today!

September 5, 2008 | The Employer Information Report EEO-1, otherwise known as the EEO-1 Report, is required to be filed with the U.S. Equal Employment Opportunity Commission's EEO-1 Joint Reporting Committee. The filing deadline for the 2008 EEO-1 Survey is September 30, 2008

Have you met the EEO-1 reporting requirements?
This year, the instructions provide that employers should allow their employees to self identity using the new EEO-1 categories, and then if necessary employers can determine the category from visual observations or existing business records. Last year, the EEOC issued implementation Questions and Answers that expressly advised that employers were not required to resurvey their workforces for the 2007 reports. That EEOC implementation guidance has been removed for 2008.

Who has to submit EEO-1 reports?
Two kinds of employers are required to submit EEO-1 reports: (1) those with federal government contracts of $50,000 or more and 50 or more employees and (2) employers without government contracts that have 100 or more employees. (Certain employers are excluded from filing EEO-1 reports, including state and local governments, primary and secondary school systems, higher education institutions, and local unions although they are required to file similar reports.)

If your organization meets one of the above requirements, you must act quickly to gather accurate, detailed information about your workforce.

For more information visit the official EEO site:
http://www.eeoc.gov/eeo1survey/

Still unsure? Give us a call we are happy to help 770-248-0401.

August 2008 News

August 20th, 2008 | Despite the Weak Economy and Rising Costs, Salary Increases Should Hold Steady in 2009, According to a New Survey of U.S. Employers

This year's survey indicates that the average planned merit increase for 2009 is 3.71%, slightly higher than the actual average merit increase of 3.67% given in 2008. The average budgeted general salary increase in 2009 is 3.47%, compared with 3.40% given in 2008. Employers award merit increases to recognize an employee's achievements and accomplishments, while general increases are typically based on cost of living increases.

Management and Construction Industries Projected to Receive Much Larger Increases.

Employees in the Management industry will see merit increases averaging 5.7% and general increases around 4.0%. Exempt workers in the Construction industry are projected to receive average merit increases of 4.7% and general increases of 3.9%.

View the full article

January 2008 News

January, 16 2008 | St. Joseph's Hospital Atlanta - Pays $26 Million to settle false claims act allegations brought forth by an employee. Could you be at risk?

January 14, 2008 | Lockheed Martin Settlement – Employers have Got To Wake Up! Read more about the 2.5 Million settlement against Lockheed.

HR News Now archive of older news

December 11, 2007 | 3 More Studies Forecast 2008 Pay Increases at 3.8%

Three surveys forecast 2008 planned salary increases at 3.8%, keeping in line with previous studies, including RSS’s own merit increase predictions.

Read the full report

November 6, 2007 | 2008 Cost-of-Living Increases to Benefit Program Limits Released

The Internal Revenue Service has issued the 2008 cost-of-living increases applicable to various dollar limits and thresholds for qualified retirement plans. In addition, the Social Security Administration has announced the adjustments to the Social Security taxable wage base for 2008.

Download the full report

August 24, 2007 | E-Verify Registration and More

E-verify is a service where you as an employees can verify the eligibility of your new employees. You are not required to participate, but why not take the guess work out of wondering if you new hires are truly eligible for employment in the US? It is easy to register and you can stop it at any time. This is also something that we offer as a service to our clients for a nominal charge. You can contact us today to learn more about our services in this area.

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