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EMPLOYMENT LAW UPDATE

Who’s an independent contractor? DOL explains

By Mike O’Brien bio DOL tries to clarify independent contractor definition The US Department of Labor (DOL) has proposed what it believes is a simplified definition of independent contractor (IC) for purposes of applying wage provisions of the Fair Labor Standards Act (FLSA), which applies only to employees. The new DOL proposal still focuses on the factors of economic reality, but tries to clarify how to apply them. DOL says employers first should focus on two core factors: (1) the nature and degree of the worker’s control over the work and (2) the worker’s opportunity for profit or loss based on initiative and/or investment. If both factors point to either employee status or IC status, that probably is the right classification. If not, DOL says three additional factors must be… . . . read more.

Five reasons you need an employee handbook

By Julie Ellison bio For many employers, the idea of creating an Employee Handbook is overwhelming.  But the importance of having one should outweigh that hesitancy given the peace of mind it can provide you while you are busy running your law firm or business. An Employee Handbook is your roadmap for what your employees can expect from you and what you expect from your employees.  It should be simple, straightforward and relevant.  Not having one in place can create huge headaches that are completely avoidable. Here are five good reasons to have an employee handbook: 1. Handbooks Set Employee Expectations Handbooks allow you to clearly set forth everything from job responsibilities to disciplinary procedures, thus keeping employee expectations consistent with the employer. Experience teaches us that employees are willing to… . . . read more.

Employment Law Update

New overtime rule now in effect

By Mike O’Brien bio Jan. 1, 2020 was the deadline to comply with new FLSA overtime rule. At the end of September the Department of Labor issued its long-awaited final rule updating the salary level test for white-collar overtime exemptions under the Fair Labor Standards Act. Under the new rule, the minimum salary level for exemption is raised from $455 a week to $684 a week, or $35,568 annually. The change marks the first increase in the minimum salary level to take effect in more than 15 years. It is expected to bring overtime eligibility to over a million employees who are ineligible under the current threshold. Although the DOL released a final rule raising the salary level in 2016, the rule was blocked by a federal district court and… . . . read more.

COMPLIANCE

Hiring and firing risk factor: careless words

Today’s administrators need to be aware of the casual – albeit well meant – words that are bringing on claims of discrimination. Legal risks of both hiring and firing include careless words, says employment law attorney Donald W. Benson, a partner with Hall Booth Smith in Atlanta. The friendly hiring remark The dangers start with the interview, where a wrong comment can generate a claim no employer ever expects, says Benson. Everybody knows not to ask the obvious questions of “are you married?” or “do you have children?” or “are you planning to have a family in the future?” Yet many an interviewer brings up a discriminatory topic obliquely and unwittingly in an effort to build rapport with a candidate, never thinking about the danger. Remarks such as “we have a… . . . read more.

BLOG

3-point retention strategy

By Julie Ellison  bio
Great medical offices are built with great people. In today’s competitive employment market, it’s hard enough…


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HIRING

Should you notify applicants they didn’t get the job?

Open positions, especially those advertised, often generate many applications. If your practice is located in a major metropolitan area or…


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COMPLIANCE

5 tested ways to make your billing and coding more profitable

The health of your medical practice depends on good quality coding and billing work. One of the most important roles in the medical office that…


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INCREASING PROFITS

21 easy ways to boost practice profitability fast

Simple changes to billing procedures, hiring policies, purchasing, patient relations, and other daily activities can have a positive impact on…


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RISK MANAGEMENT

Trap to avoid: Asking employees about their latex allergies

“Are you allergic to latex?”
It seems like a perfectly legitimate thing to ask, especially to an employee who’s expected to…


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COMPLIANCE

The duty to accommodate the religious beliefs of employees & job applicants

Federal and state laws ban employers from discriminating against employees on the basis of religion. Mere tolerance of religious differences in the workplace…


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