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Are Your Contractors/Temps REALLY Employees?

by Dr. Di Ann Sanchez | Apr 7, 2014 | HR Compliance, Human Resources

There has been recent focus on the whole questions of whether CONTRACTORS and/or TEMPORARIES are really EMPLOYEES and it is currently being audited by Department of Labor (DOL), U.S. Equal Employment Opportunity Commission as well as the Internal Revenue Service...

Are Informal Complaints Protected Activity Under the FLSA Retaliation Provision?

by Dr. Di Ann Sanchez | Mar 31, 2014 | HR Legislative Updates, Human Resources

Yes! The US Supreme Court found workers who complain to their employers about wage violations ARE protected from retaliation whether the complaints are oral or written. An oral complaint of a Fair Labor Standard Act (FLSA) violation is protected conduct under the...

What is Retaliation and How Do You Protect Your Company?

by Dr. Di Ann Sanchez | Mar 24, 2014 | Human Resources, Talent Management

To protect themselves against retaliation claims, companies should have documentation that the true reason for the adverse employment action was a legitimate and a non-discriminatory reason. The employee must prove three prongs: They engaged in a protected activity...

Shift Differentials Must Be Included in the Employee’s Regular Rate of Pay!

by Dr. Di Ann Sanchez | Mar 10, 2014 | Human Resources, Talent Management

Employers must include shift differential pay when determining an employee’s regular rate of pay. Here’s an example: A personal care assistant at an assisted living facility is paid $8 an hour and overtime on the basis of the 40 hour workweek standard. She works three...

Top 10 Sins Managers Commit!

by Dr. Di Ann Sanchez | Feb 24, 2014 | Human Resources, Talent Management, Training

Sin #1. Making Unlawful Pre-employment Inquiries That’s an interesting accent you have. Where were you born? Do you have any children? If so, will you have any daycare problems? Action: Watch inappropriate questions during interviews and other pre-employment...

Employers Beware of English Only Rules at Work!

by Dr. Di Ann Sanchez | Feb 10, 2014 | HR Compliance, Talent Management

Anti-discrimination laws apply when workers are treated differently because of ethnicity, culture, accent or English proficiency. English-only polices in the workplace must be carefully scrutinized in light of their tendency to create hostile work environments....

Human Resources Interview with Dr. Di Ann Sanchez, SPHR

by Dr. Di Ann Sanchez | Feb 8, 2014 | DAS HR Consulting Company News, In The News

Dr. Di Ann Sanchez, SPHR discusses important Human Resources issues for businesses with interviewer Eddie Reyes and attorney Rebecca Hicks.

Do You Have a Valentine at Work? Sex at Work (Literally) is Growing! Get a “Love Contract”!!!

by Dr. Di Ann Sanchez | Feb 3, 2014 | Human Resources

Love is happening in the workplace more than ever according to Vault.com’s 2013 Office Romance Survey and most people are okay with it too! According to the survey, 56% have had office romances—to varying degrees, 21% had casual coworkers-with-benefits...

Bipolar Disorder: What Employers Need to Know about Work Accommodations

by Dr. Di Ann Sanchez | Jan 20, 2014 | HR Compliance, Talent Management

The Americans with Disabilities Act as Amended (ADAAA) comes into play since bipolar disorder is listed among the conditions that are presumed to be a disability under the law. Under the law, someone who would be substantially limited in a major life activity when...

New State Minimum Wage Increases

by Dr. Di Ann Sanchez | Jan 13, 2014 | HR Compliance, HR Legislative Updates, Human Resources

Employers get ready! Minimum wage increases will affect numerous states across the country in January 2014. Under the Fair Labor Standards Act (FLSA), the current federal minimum wage is $7.25 per hour. But the FLSA does not supersede any state or local laws that are...