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Managing Wage and Hour Risks in a Digitally Connected World
A Matter of Time: Managing Wage and Hour Risks in a Digitally Connected World Prepared by Jeffrey Brecher Jackson Lewis P.C. (631) 247-4652 | [email protected] Eric Magnus Jackson Lewis P.C. (404) 586-1820 | [email protected] This paper is meant to provide information of a general and educational nature and does not constitute legal advice or create an attorney-client relationship. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. The views expressed in this paper are solely those of the authors and do not necessarily represent the views of their firm or its principals or clients. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis. ©2017 Jackson Lewis P.C. This paper is scheduled to be published in the June 2017 edition of the Journal of Internet Law, produced by Aspen Publishing. The authors would like to thank Jackson Lewis Associate, Roberto Concepcion, for his assistance with the preparation of this paper. 1 I. Introduction Many people are addicted to their phones. They check them constantly throughout the day (sometimes every few minutes) to determine whether a new e-mail or text message has been sent or a new item posted on Facebook, Instagram, Snapchat, and the myriad other social media applications that exist. To ensure immediate notification of incoming mail, users can also set their phone to provide an audio notification when a new e-mail, voicemail, or text message has arrived, and select from hundreds of tones to announce the message—whether a “chime,“ “ding,” or “swoosh.” But some of those addicts checking their phones are employees, and they are checking their phones for work related e-mail and messages. -
Recordkeeping Requirements Under the Fair Labor Standards Act (FLSA)
U.S. Department of Labor Wage and Hour Division (Revised July 2008) Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA) This fact sheet provides a summary of the FLSA's recordkeeping regulations, 29 CFR Part 516. Records To Be Kept By Employers Highlights: The FLSA sets minimum wage, overtime pay, recordkeeping, and youth employment standards for employment subject to its provisions. Unless exempt, covered employees must be paid at least the minimum wage and not less than one and one-half times their regular rates of pay for overtime hours worked. Posting: Employers must display an official poster outlining the provisions of the Act, available at no cost from local offices of the Wage and Hour Division and toll-free, by calling 1-866-4USWage (1-866-487-9243). This poster is also available electronically for downloading and printing at http://www.dol.gov/osbp/sbrefa/poster/main.htm. What Records Are Required: Every covered employer must keep certain records for each non-exempt worker. The Act requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the wages earned. The law requires this information to be accurate. The following is a listing of the basic records that an employer must maintain: 1. Employee's full name and social security number. 2. Address, including zip code. 3. Birth date, if younger than 19. 4. Sex and occupation. 5. Time and day of week when employee's workweek begins. 6. -
Changing Workplaces Review Final Report May 23, 2017
Changing Workplaces Review Final Report May 23, 2017 Dear Clients and Friends, Today, the Government of Ontario released the Changing Workplaces Review final report and recommendations, labeling it an “An Agenda for Workplace Rights”. Touted as the first independent review of the Employment Standards Act and Labour Relations Act in more than a generation, the review was commenced in February, 2015. For every Ontario employer, the recommended changes to the Employment Standards Act and Labour Relations Act are far reaching and will have significant impact. The government has undertaken to announce its formal response to the report in the coming days, and may be aiming to table draft legislation modeled on all, or part, of the recommendations prior to the Legislature rising for summer recess (June 1, 2017). If that occurs we could see legislation make its way into force by late Fall or early next year. Sherrard Kuzz LLP will review the report and government response and distribute a comprehensive briefing note, as we did following the release of the Interim Report (see Sherrard Kuzz LLP homepage). In the interim, to review the report click here, and the summary report click here. Sherrard Kuzz LLP is one of Canada’s leading employment and labour law firms, representing management. Firm members can be reached at 416.603.0700 (Main), 416.420.0738 (24 Hour) or by visiting www.sherrardkuzz.com. MAY 2017 THE CHANGING WORKPLACES REVIEW AN AGENDA FOR WORKPLACE RIGHTS Summary Report SPECIAL ADVISORS C. MICHAEL MITCHELL JOHN C. MURRAY TABLE OF CONTENTS THE CHANGING WORKPLACES RECOMMENDATIONS ON Related and Joint Employer ..............................50 REVIEW: AN AGENDA FOR LABOUR RELATIONS ...................................... -
Temporary Employment in Stanford and Silicon Valley
Temporary Employment in Stanford and Silicon Valley Working Partnerships USA Service Employees International Union Local 715 June 2003 Table of Contents Executive Summary……………………………………………………………………………….1 Introduction………………………………………………………………………………………..5 Temporary Employment in Silicon Valley: Costs and Benefits…………………………………..8 Profile of the Silicon Valley Temporary Industry.………………………………………..8 Benefits of Temporary Employment…………………………………………………….10 Costs of Temporary Employment………………………………………………………..11 The Future of Temporary Workers in Silicon Valley …………………………………...16 Findings of Stanford Temporary Worker Survey ……………………………………………….17 Survey Methodology……………………………………………………………………..17 Survey Results…………………………………………………………………………...18 Survey Analysis: Implications for Stanford and Silicon Valley…………………………………25 Who are the Temporary Workers?……………………………………………………….25 Is Temp Work Really Temporary?………………………………………………………26 How Children and Families are Affected………………………………………………..27 The Cost to the Public Sector…………………………………………………………….29 Solutions and Best Practices for Ending Abuse…………………………………………………32 Conclusion and Recommendations………………………………………………………………38 Appendix A: Statement of Principles List of Figures and Tables Table 1.1: Largest Temporary Placement Agencies in Silicon Valley (2001)………………….8 Table 1.2: Growth of Temporary Employment in Santa Clara County, 1984-2000……………9 Table 1.3: Top 20 Occupations Within the Personnel Supply Services Industry, Santa Clara County, 1999……………………………………………………………………………………10 Table 1.4: Median Usual Weekly Earnings -
ETC – Employee Time Clock
9/25/2017 ETC – Employee` Time Clock Hourly Employees without Bus Responsibilities September 18, 2017 1 Employee Time Clock(ETC) Training 2 Effective Monday, October 2, 2017, all hourly employees will use the Employee Time Clock system to record their time. Note: Employees should continue to use paper timesheets as a backup while they become accustomed to the new system. Employee Time Clock(ETC) Training 3 Employee Time Clock uses the same concepts that are used to record time on a paper timesheet. Employees will: - clock in to start the work day - clock out/in for lunch break, if required - clock out to end the work day 1 9/25/2017 Employee Time Clock(ETC) Training 4 There are three simple steps for clocking in or out: 1. Log In 2. “Punch” Time 3. Log out Employee Time Clock(ETC) Training 5 Log In Procedures Employee Time Clock(ETC) Training 6 Employees can use any computer at the school or school district location to log time. There are two ways to access Employee Time Clock. 2 9/25/2017 Employee Time Clock(ETC) Training 7 Log In Option 1 1. Using Chrome, enter the following in the address bar: https://aiken.attendanceondemand.com/ess/ 2. Enter employee ID number on the first line 3. Enter PIN (last four of SSN) on the second line Employee Time Clock(ETC) Training 8 Log In Option 2 1. Using Chrome, enter www.acpsd.net in the address bar 2. Click the Digital Resources/Portals Icon 3. Scroll down and click Employee Time Clock 4. -
The Changing Workplace and the New Self-Employed Economy
GIG? SHARING? THE CHANGING WORKPLACE AND THE NEW SELF-EMPLOYED ECONOMY by Adrian Moore May 2018 Reason Foundation’s mission is to advance a free society by developing, applying and promoting libertarian principles, including individual liberty, free markets and the rule of law. We use journalism and public policy research to influence the frameworks and actions of policymakers, journalists and opinion leaders. Reason Foundation’s nonpartisan public policy research promotes choice, competition and a dynamic market economy as the foundation for human dignity and progress. Reason produces rigorous, peer- reviewed research and directly engages the policy process, seeking strategies that emphasize cooperation, flexibility, local knowledge and results. Through practical and innovative approaches to complex problems, Reason seeks to change the way people think about issues, and promote policies that allow and encourage individuals and voluntary institutions to flourish. Reason Foundation is a tax-exempt research and education organization as defined under IRS code 501(c)(3). Reason Foundation is supported by voluntary contributions from individuals, foundations and corporations. The views are those of the author, not necessarily those of Reason Foundation or its trustees. GIG? SHARING? THE CHANGING WORKPLACE AND THE NEW SELF-EMPLOYED ECONOMY i EXECUTIVE SUMMARY Is America evolving away from the traditional workplace? As technology dramatically changes the job market, many workers embrace more-flexible job opportunities, and look for alternative sources for health care, retirement, and other traditional workplace benefits. Others look to government to bring back factory-style work, in which a highly regulated employer/employee relationship typically features: 1. Long-term (usually decades of) secure employment at the same firm, with fixed, full- time hours; 2. -
Workplace Flexibility Supervisor Study
March 2010 University of Kentucky Workplace Flexibility Supervisor Study Institute for Workplace Innovation • 139 W. Short St. Ste. 200 • Lexington, KY 40507 • www.iwin.uky.edu 1 UK Workplace Flexibility Supervisor Study Introduction The ability to recruit, retain and develop a highly qualified staff and faculty is of primary importance to the University of Kentucky in order to effectively fulfill its mission. One effort to address this workforce management issue has been the implementation of workplace flexibility policies. University of Kentucky’s Office of Work-Life defines workplace flexibility as the provision of a variety of flexible work options that enable greater customization over when, where and how employees get their work done. These policies are used as a management tool to both assist employees to effectively manage their various responsibilities on and off the job, and to support the University in meeting its strategic goals. The University’s workplace flexibility policies were developed with the input of various departments across campus and endorsed by President Todd in April 2008. Workplace flexibility policies at the University include six types of flexible work arrangements: Flextime: a full-time schedule with the ability to vary the start and stop times from the standard workday Compressed work schedule: a full-time job in fewer days than a customary work week Telecommuting: the ability to work from a different location such as a satellite office or from home Job sharing: a type of part-time work where the hours of one full-time job are divided between two employees Reduced hours or part-time: a reduced number of regular hours worked to less than a full-time position Phased retirement: employment options that allow an employee who is approaching retirement to continue working, usually with reduced workload, as a transition from full-time work to full-time retirement. -
Guidance Document for Social Accountability 8000 (Sa8000®:2014)
GUIDANCE DOCUMENT FOR SOCIAL ACCOUNTABILITY 8000 (SA8000®:2014) RELEASE DATE: MAY 2016 SOCIAL ACCOUNTABILITY INTERNATIONAL 15 WEST 44TH STREET, 6TH FLOOR NEW YORK, NY 10036 WEBSITE: WWW.SA-INTL.ORG EMAIL: [email protected] CONTENTS CONTENTS ............................................................................................................................................................. 1 INTRODUCTION TO THE SA8000:2014 GUIDANCE DOCUMENT .............................................................................. 3 HOW TO READ THIS DOCUMENT ....................................................................................................................................... 3 1. CHILD LABOUR ................................................................................................................................................... 5 RELEVANT SA8000 DEFINITIONS ...................................................................................................................................... 5 SA8000 REQUIREMENTS................................................................................................................................................. 5 BACKGROUND AND INTENT .............................................................................................................................................. 5 IMPLEMENTATION GUIDANCE ........................................................................................................................................... 8 AUDITOR GUIDANCE .................................................................................................................................................... -
Temporary H Ou Rly Employees at Th E C Ity of P Alo a Lto Policy Brief O Ctober 2004
Temporary H ou rly Employees at th e C ity of P alo A lto Policy Brief O ctober 2004 In 1994, follow ing a comprehensive on temps each year, w hile red!cing permanent organizational review commissioned by the C ity positions$ any of today#s ho!rlies have been of Palo Alto, the C ity anager fo!nd one of the w or2ing for the C ity since before the 1994 st!dy ma"or problems in the C ity#s organization to be came o!t 3 ten, fifteen, even tw enty years as a the over!se and mis!se of temporary ho!rly %temporary) w or2er, doing the same w or2 as employees$ %A n!mber of &temporary ho!rly' permanent employees b!t w ith no health positions have contin!ed on a year-to-year benefits, no time off and no "ob sec!rity$ And basis, and need to be made permanent for the ,ebr!ary -..4 C ity A!ditor#s 4eport once reasons of efficiency and e(!ity,) she concl!ded$ again recommends that %* !man 4eso!rces %* o!rly positions w hich are performing the sho!ld clarify C ity policies regarding the same d!ties as reg!lar positions and remain in appropriate !ses of ho!rly employees, and the b!dget year after year, can not be view ed as establish standard definitions and practices for +temporary# and therefore are recommended for hiring and monitoring temporary employees$) conversion$) A decade later, the C ity has made little if any progress in fi5ing its system of temporary ,ast-forw ard to -..4$ /he C ity employs over employment$ 01. -
Steps to Successful Implementation of Worker-To
INTRODUCTION This handbook is provided to help UAW local unions plan and implement a Member to Member program. While we strongly recommend that those responsible for the success of their local union Member to Member program attend an in-person training, this handbook is designed to allow a local union to start their own program with confidence. The UAW’s Member to Member program has been a big part of our internal organizing strategy for many years. Its goal is to strengthen our union through strong member relationships and communication supported by a dedicated local union activist network system. When Member to Member is done right, we get more members engaged to help us succeed in our representational, political, and community work. This not only benefits us; it also benefits our family and friends, and supports our bigger goal of building power to win social, economic, and political justice for all. We know one-on-one conversations inspire unorganized workers to organize through sharing stories and understanding that worker solidarity solves work problems better than struggling alone. That tested organizing technique works well with current members too. Along with personal interactions, Member to Member uses social media to help us “walk the talk” that our members “are the union.” HOW DOES THE MEMBER TO MEMBER PROGRAM WORK? The Member to Member program uses Worksite Coordinators, Organizers and Communicators to create, build and sustain a communication and relationship-building network in each local union- represented worksite. A specific training is available for each union member playing a role in this program. -
Temp Work at an All Time High
National Employment Law Project National Employment Law Project For Immediate Release: September 2, 2014 Contact: Emma Stieglitz, [email protected], (646) 200-5307 Temp Work At An All Time High Rise of Temp Work, Staffing Agencies Ushers in Lower Wages, Dangerous Conditions for Workers, Report Says There are a record high 2.8 million temporary help jobs in today’s economy, making up 2 percent of total employment, according to a report released Tuesday by the National Employment Law Project. The report, Temped Out: How The Domestic Outsourcing of Blue-Collar Jobs Harms America’s Workers, examines the employment services industry, which includes temporary help agencies (also called staffing agencies), professional employer organizations and employment placement agencies. It finds that as a whole, the industry represents 2.5 percent of all jobs, up from 1.4 percent in 1990. More than 12 million people flowed into and out of a staffing agency in 2013 alone. America’s staffing industry has also shifted its reach to new sectors like manufacturing and warehousing. The use of third-party staffing agencies creates a layered employment structure that empowers the client-employers at the top and puts downward pressure on staffing agencies in the middle competing for contracts. Many of those agencies in turn keep costs low by cutting corners on pay and safety for workers. In fact, staffing workers' median hourly wages are 22 percent lower than wages of all private-sector workers. “The shift towards temp work is creating an economy in which working people who move and produce products for some of our nation’s largest and most profitable corporations are treated like any other input, to be acquired at the cheapest cost,” said Rebecca Smith, who co-authored the report. -
Time Clock Policy & Procedures
Time Clock Policy & Procedures For All Hourly Employees Effective 5.1.19 Policy: The law requires that all non-exempt personnel record daily hours worked. These hours are recorded in AcroTime (an Internet-accessible hosted workforce management system) and employees are responsible for its accuracy. Employees may not clock in or out for another person. Falsification of timesheets is strictly prohibited and will result in disciplinary action up to and including termination. Purpose: To establish guidelines for hourly employees to have a record of hours worked using Acrotime, our web-based timekeeping system. Procedures The following regulations will apply: 1. Employees are required to clock in prior to their assigned start time, and must clock out when they go off duty. 2. Employees are required to clock out any time they leave the work site for any reason other than assigned work duties. 3. Unless permission to do otherwise by the employee's supervisor, no employee may clock in more than 5 minutes prior to, or 5 minutes after, the start of their shift. Employees may not clock out more than 5 minutes prior to, or 5 minutes following the end of their work time. 4. Clocking in within the time-frame specified in item three, will be calculated as an on-time report for duty. 5. Employees will be paid from time sheets verified by actual recorded times in Acrotime. Any adjustments to the recorded time must be approved by the employee's supervisor. Employees will be accountable to their CD for any manual changes submitted. 6. Employees must clock out for their designated lunch time.