Ken’s Corner

Just about everyone agrees that industry specific jargon distracts and confuses. Consequently, most people try their best to avoid that when addressing outside audiences. Sometimes, those efforts can lead to a little more confusion, like the latest rule change proposal recently announced by the Dept. of Labor discussing “overtime.”

Exemptions? From What? Minimum Wage? Overtime Regs? This is what the Overtime (OT) talk over the last few years has been about: some exemption regulations were re-written and proposed by the U.S. Dept. of Labor in the Obama administration but were presented publicly as “Overtime regulations”...

Any HR pro will tell you that in the 80 years of the Fair Labor Standards Act (FLSA) law, “overtime” (OT) cases have been making it to the Supreme Court (SCOTUS) with some regularity. I’ve mentioned it before, but by comparison, the 3rd amendment to the constitution has yet to have a case based on a Third Amendment argument make it to SCOTUS.
HR professionals can sit this one out because it’s their job to get nerdy about UI, unemployment insurance. This is for the supervisors, managers and owners. A simple HR question was posed in a Q&A forum in another publication:
“We will be terminating an employee who’s been with us only a month. How do I ensure they don’t get unemployment?”

Just a quick peek at the U.S. Dept. of Labor’s Wage and Hour Tweets for the last two weeks caused me to remember a proverb my parents often repeated with a sigh as we watched the news; “The more things change, the more they stay...

One interesting violation caught my eye in a recent news release from the U.S. Dept. of Labor Wage and Hour Division: an appliance retailer named Conn’s out of Houston was penalized more than  $500,000. This was because after having carefully structured its pay as qualifying...

Though technically not detritus, the influx of unscrupulous or inexperienced contractors that descend on communities after large natural disasters are as immediately present as the rest of the debris left behind. It is for this reason that the U.S. Dept. of Labor Wage and Hour...

Allergy sufferers may offer temporary relief from the payment of OT wages but employers run the risk of $erious $ide Effect$. Let’s face it, everybody loves a good bargain. If you can reduce your labor costs by some neat trick, voila! You’ll have a bargain, in...

The stated intent of this bulletin for Home Health Nursing and Caregiving industry is to help clarify the issue of employment versus contract labor for the DOL-Wage & Hour Division (WHD) field staff in their investigations. It is supposed to help them determine whether workers...