{2:03 minutes to read} A key issue facing restaurant owners is avoiding wage and hour problems, especially when it comes to tips. A tip is defined as a voluntary payment from a customer in which he or she has the unrestricted right to determine the amount, and who receives payment. A tipped employee is one who is primarily engaged in the serving of food or beverages.
{2:24 minutes to read} With social media now an integral part of many people’s everyday life, employers are concerned about how their employees use social media and what they might be saying about the company.
{2:24 minutes to read} While a loyal employee can be a valuable asset to a company, a former employee, especially one who departs on unpleasant terms, can be a significant threat.
{3:53 minutes to read} With the subject of what to do with illegal immigrants being a hot topic of debate in the 2016 presidential campaign, it should be noted that there is no debate as to the state of the law; any business that hires a worker not legally authorized to work in the United States faces significant civil and, in some cases, criminal liability.
{1:55 minutes to read} A conflict of interest situation can arise when an employee takes an action or has an interest outside of their employment that may impede their ability to perform their work effectively, or in a manner inconsistent with their duty of loyalty to the company. A conflict of interest occurs when an employee engages in activities or holds other jobs that are in conflict with the interests of the employer:
{1:42 minutes to read} People who hire domestic help, whether a housekeeper, a caregiver or a nanny, are often unaware of the legal liabilities and requirements that they face. For example, in New York State, anyone who employs domestic help must:
{3:54 minutes to read} In my previous blog, I outlined the reasoning behind the scrutiny of independent contractor vs. employee. In this part, I will cover some additional strategies for addressing this situation.
{3:42 minutes to read} In July, the U.S. Department of Labor published a 15-page administrator’s interpretation of the employee vs. independent contractor standards. This document is not so much a change in the standards as it is a change in the manner in which the government is interpreting the employee vs. independent contractor test.
In effect, there is going to be a stricter interpretation of the structural relationship, which means there is a greater likelihood that a worker who a company intended to be an independent contractor is, in fact, going to be deemed an employee by the government. Federal and state authorities are increasingly committed to combating worker misclassification, and independent contractor designations are being challenged with closer scrutiny.