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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. -
Ii Main Part
UBS: Wealth Management BACHELOR THESIS (CASE STUDY) UBS: THE WAY TO BECOMING A GLOBAL PLAYER IN WEALTH MANAGEMENT "On which critical foundational factors are UBS and its leadership in Wealth Management built and with which major event is the current UBS crisis to be explained?" AUTHOR: ALAIN NTJAM OLTEN, AUGUST 9, 2013 SUPERVISOR: DR. KONDOVA GALIA INTERNATIONAL MANAGEMENT Alain Ntjam August 2013 1 UBS: Wealth Management Abstract Purpose: The objective of this bachelor thesis is to analyze in a case study manner, how the big Swiss bank UBS evolved and became a global player in wealth management. The guiding research question is: ‘On which critical foundational factors is UBS and its leadership in wealth management built, and with through which major event can the current UBS crisis be explained? Methodology and approach: The first analytical tool of this paper is the PEST analysis that aims to find out which environmental condition in the 1990s facilitated the UBS merger and how it came to the merger. The motives for its direction of growth will be analyzed to understand the bank's strategic intent in regards to wealth management and the bank's growth path. The next chapter seeks to understand the corporate ‘one firm strategy’ of UBS, how it relates to its organizational chart and which role the North American wealth management market plays within the organization. Further a comparison to Credit Suisse is made. The last chapter within the main part of the thesis attempts to sort out the significant activities of the value chain which creates or adds wealth management value for clients. -
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. -
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. -
Litigating the Holocaust: a Consistent Theory in Tort for the Private Enforcement of Human Rights Violations
Pepperdine Law Review Volume 27 Issue 3 Article 4 4-15-2000 Litigating The Holocaust: A Consistent Theory in Tort For The Private Enforcement of Human Rights Violations Derek Brown Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the Human Rights Law Commons, Military, War, and Peace Commons, and the Torts Commons Recommended Citation Derek Brown Litigating The Holocaust: A Consistent Theory in Tort For The Private Enforcement of Human Rights Violations , 27 Pepp. L. Rev. Iss. 3 (2000) Available at: https://digitalcommons.pepperdine.edu/plr/vol27/iss3/4 This Comment is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. Litigating The Holocaust: A Consistent Theory in Tort For The Private Enforcement of Human Rights Violations I. INTRODUCTION Survivors of the Holocaust have repeatedly attempted, with little apparent success, to recover the assets their families deposited in Swiss banks prior to World War II. Considering the claimants' subsequent-yet understandable lack of documentation,- until now these survivors have had to rely solely on the banks' promises to expedite the return of these "dormant accounts" to their rightful owners.' Reliance on such promises, however, quickly evaporated with the public disclosure of one man's experience: Christoph Meili.4 A security guard for the Union Bank of Switzerland (UBS), Meili became an international figure early in 1997. -
Holocaust Restitution Timeline
Holocaust Restitution Timeline 1942 Buxbaum v. Assicurazioni Generali, the first Holo- caust-era lawsuit, was filed in the United States against a major Italian insurance company for policies purchased by a Holocaust victim. Relief granted. 1949 Bernstein v. N. V. Nederlandsche-Amerikaansche Stoomvaart-Maatschappij was filed by a Holocaust survivor seeking compensation for the forcible transfer of his business to a Nazi trustee. Relief granted. 1985 Handel v. Artukovic, the first Holocaust-era class action, was filed in the United States by Holocaust survivors from Yugoslavia against a former pro- Nazi Croatian official in violation of the Geneva and the Hague Conventions, war crimes, crimes against humanity, and violations of the Yugoslavian Criminal Code. Suit dismissed. April 23, 1996 U.S. Senate Banking Committee, headed by Senator Alfonse D’Amato, held hearings on the Swiss banks dealing with World War II dormant accounts. May 2, 1996 The Swiss Bankers Association created the Independent Committee of Eminent Persons (ICEP), chaired by Paul Volcker, to audit records of the Swiss banks on wartime dormant accounts. October 1996 The modern era of Holocaust asset litigation began with the filing of the first of three class action lawsuits against the Swiss banks in federal district court in Brooklyn, New York. January 1997 The third class action suit was filed against the Swiss banks by the World Council of Orthodox Jewish Communities. xiii xiv Holocaust Restitution Timeline January 8, 1997 Christoph Meili discovered the Union Bank of Switzerland attempting to shred pre–World War II financial documents. March 25, 1997 French Prime Minister Alain Juppe created the Prime Minister’s Office Study Mission into the Looting of Jewish Assets in France (“Mattéoli Commission”) to study various forms of theft of Jewish property during World War II and the postwar efforts to remedy such theft. -
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 .................................................................................................................................................... -
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. -
Negotiating Technology in Faculty Collective Bargaining Agreements.Pdf
A Dissertation entitled Negotiating Technology in Faculty Collective Bargaining Agreements by Andrew J. Shella Submitted to the Graduate Faculty as partial fulfillment of the requirements for the Doctor of Philosophy Degree in Higher Education Dr. Snejana Slantcheva-Durst, Committee Chair Dr. Gary Rhoades, Committee Member Dr. David Meabon, Committee Member Dr. Penny Poplin-Gosetti, Committee Member Dr. Amanda Bryant-Friedrich, Dean College of Graduate Studies The University of Toledo December 2017 Copyright 2017, Andrew J. Shella This document is copyrighted material. Under copyright law, no parts of this document may be produced without the expressed permission of the author. An Abstract of Negotiating Technology in Faculty Collective Bargaining Agreements By Andrew J. Shella Submitted to the Graduate Faculty as partial fulfillment of the requirements for the Doctor of Philosophy Degree in Higher Education The University of Toledo December 2017 This study analyzed the ways the implementation of instructional technology proscribes higher-education faculty work as coded in faculty collective bargaining agreements (CBAs). This study replicates and extends the work on the production politics of teaching and technology completed by Rhoades (1998). Collective bargaining agreements were collected from the higher education contract analysis system database, state employee relations websites, and union websites. A close reading and content analysis of the CBAs focused on to what extent instructional technology has deskilled or enskilled faculty work and/or extended managerial control over faculty work. This study found instructional technology provisions in faculty CBAs increased from 37% to 96% over last 20 years. The organizational and social context effected the frequency of negotiating instructional technology provisions. -
ABSENCES Employees Unable to Come to Work Must Contact Their Supervisor Or Designee Prior to the Start of Their Work Day As Determined by Their Department
ACTION TAKEN MANUAL SECTION RECOMMENDED HANDBOOK LANGUAGE CONSOLIDATED - ABSENCES Employees unable to come to work must contact their Supervisor or designee prior to the start of their work day as determined by their department. While it is recognized that there may be extenuating circumstances for unauthorized absence and due consideration will be given for each case, an employee who is absent from duty without approval for three (3) consecutive scheduled work days will be considered to have voluntarily terminated his or her position. Employees absent from work must account for their missed time through the use of vacation, sick leave, comp time, unpaid leave, or floating holidays. The provisions of this section apply to both Fair Labor Standards Act exempt and non-exempt employees and is in accordance with the County’s policy of ensuring public accountability of its employees. AS&P Employees unable to come to work must contact their supervisor or designee prior to the start of their work day as determined by their department. While it is recognized that there may be extenuating circumstances for unauthorized absence and due consideration will be given for each case, an employee who is absent from duty without approval for three (3) consecutive scheduled work days will be considered to have voluntarily terminated his/her position. Employees absent from work must account for their missed time through the use of vacation, sick leave, comp time or floating holidays. An employee whose absence which is not appropriately charged to such paid time off may apply for unpaid Voluntary Special Leave. The provisions of this section apply to both FLSA exempt and non-exempt employees and is in accordance with the County’s policy of ensuring public accountability of its employees.