If your company is classified as a joint employer with one or more other companies, you may be liable for overtime pay even if you carefully avoid workweeks that exceed 40 hours of work. Why? Because the Department of Labor's Wage and Hour Division (WHD) states that you and your fellow joint employers share responsibility for compliance with the Fair Labor Standards Act (FLSA).
￼The WHD fleshed out the details in a recent opinion letter (Administrator's Interpretation, No. 2016-1). According to this letter, a contract such as an agreement between you and a staffing company doesn't necessarily determine who the employer actually is. You can contractually delegate a lot of responsibility to a staffing company, including supervision, and still be considered joint employers. That determination, says the WHD, is based on "the economic realities of the working relationship."
A fundamental requirement of the National Labor Relations Act (NLRA) is that employers must not "interfere with, restrain or coerce employees in the exercise of their rights" to organize into labor unions, collectively bargain and engage in similar "concerted activities," according to § 8(a)(1) of the law.
In general, "concerted activities" occur when at least two employees take actions intended to improve their wages or working conditions. It can also mean action taken by one employee, such as communication with a supervisor. What that actually means in practical terms is spelled out on a case-by-case basis.
The U.S. Court of Appeals for the District of Columbia Circuit recently did just that in the case of Hyundai America Shipping Agency, Inc. v. National Labor Relations Board (No. 11-1351). The litigation began when a terminated employee, Sandra McCullough, complained to the National Labor Relations Board (NLRB) that she'd been fired for engaging in "protected concerted activities."
Question: Our business has determined that we're an applicable large employer (ALE) subject to employer shared responsibility under Internal Revenue Code Section 4980H. As an ALE with a fully insured health plan, what forms do we need to complete to report on health coverage? When do we need to file them with the IRS?
Back in 2010, police officers working for the Chicago Police Department's (CPD) Bureau of Organized Crime sued their employer, eventually earning class-action status for the case (Allen v. City of Chicago). The officers maintain that, while off duty, the CPD required them to access work-related emails, messages and phone calls on their BlackBerry devices. This, they claimed, was a violation of the Fair Labor Standards Act (FLSA).
Our webinar will address the common HR challenges that businesses leaders face. You will gain insight into a streamlined HR process and learn more about the elements of HR that are commonly outsourced. Monday
If an employee lodges what you consider an unwarranted complaint about a supervisor at your company — possibly about you yourself — it's natural to feel some resentment. But matters can quickly go from bad to worse if, after filing the grievance, that employee believes he or she is being retaliated against.
Employers and other organizations got some good news from the IRS for the start of the new year. The tax agency announced that it's extending the due dates for filing 2015 Affordable Care Act (ACA) information returns. This gives employers extra time to complete two tasks:
- Provide the forms to the recipients and
- File the forms with the IRS.