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  • Updated Child Labor Regulations: Is Your Organization Keeping Up with the Kids?
    On July 19, 2010, the Department of Labor's (DOL) Final Rule pertaining to child labor regulations became effective. The Final Rule, which is described by the DOL to include the most ambitious and far-reaching revisions to the child labor regulations in the last thirty years, is designed to protect working children from hazards in the workplace while also recognizing the value of safe work to children and their families.
  • Waiting to be Engaged or Engaged to Wait? The Fair Labor Standards Act Makes a Distinction ? Do You?
    To the uninitiated, compliance with the Fair Labor Standards Act (FLSA) appears to demand little more than the simple task of multiplying the number of hours worked by the appropriate wage. However, those charged with ensuring compliance with the federal law that establishes the minimum wage and that governs the payment of overtime compensation know all too well that application of the FLSA?s provisions is rarely simple.
  • Diversity Training and Investigation May Save Employer From Hostile Work Environment Claims Under Title VII
    Diversity in the workplace is a good thing. When men and women of different races, religions, ethnicities, and ages work together in an environment of tolerance and respect, the possibilities are limitless. Employers that encourage expression of the different beliefs, perspectives, and attitudes that necessarily flow from a diverse workforce generally reap significant returns. However, while employers may enjoy significant benefits from maintaining a diverse workforce, those same differences may also lead to conflict.
Top 10 Employment Law Violations
Ever wonder how someone running a business learns to comply with the staggering array of state and federal employment laws and regulations? It’s a major challenge that becomes even more daunting when you add the fact that employees win employment lawsuits 56% of the time and that the average verdict costs employers $200,000.

Here’s a list of the most common employment law violations:

1.Cobra (Consolidated Omnibus Budget Reconciliation Act)

Violation:    Notification Violations
Penalty:      $100/day that no notice is sent after deadline
        IRS can impose excise tax of $100/day/violation

2.HIPAA (Health Insurance Portability Accountability Act)

Violation:    Paperwork violations & knowingly committing offense
Penalty:     $100/day/violation up to $25,000/violation
Criminal penalties

3.I-9 Form (IRCA – Immigration Reform Control Act)

Violation:    Paperwork violations
Penalty:    Civil fines of $110 to $10,000 per violation for record-keeping and employment violations
        Back pay/front pay and attorney fees for discriminatory actions
        Criminal penalties may be imposed for repeated violations

4.FLSA (Fair Labor Standards Act)

Violation:    Non-exempt failure to pay OT
Penalty:    $1,000/transgression + damages for unpaid wages for past 2 -3 years/employee

5.Sarbanes/Oxley Act

Violation:    Whistleblower & 401(k) Blackout Provision
Penalty:    Fines & imprisonment
        Up to $100/day per employee or beneficiary

6.Sexual harassment

Violation:    Commit offense
Penalty:    Litigation and case-by-case lawsuit awards

7.FMLA (Family Medical Leave Act)

Violation:     Failure to comply with Federal Guidelines
Penalty:    Litigation & case-by-case lawsuit awards

8.ADA (American Disabilities Act)

Violation:    Failure to comply with Federal Guidelines
Penalty:    Litigation & case-by-case lawsuit awards

9.Title VII (Discrimination)

Violation:    Failure to comply with Federal Guidelines
Penalty:    Litigation & case by case lawsuit awards

10.ADEA (Age Discrimination in Employment Act)

Violation:    Discrimination of employees over age 40
Penalty:    Litigation & case by case lawsuit awards



Are you in compliance? Quiz coming soon.