Showing posts with label flsa. Show all posts
Showing posts with label flsa. Show all posts

Tuesday, March 2, 2010

How many lines on a labor law poster can your employees read?


In almost any kind of workplace, there are at least few "official" posters. There might be an industry-specific safety poster. Odds are there's a minimum wage poster. And most businesses will have a number of small posters or one combination labor law poster covering relevant federal laws, regulations and guidelines. State labor law posters and even local labor law information posters may be posted in some areas, too.

That means that the average employee is presented with at least 2, and as many as a dozen posters at work.

Now for the big question...how many of them have they read? How often do they notice when the posters change to reflect new rules and laws?

Odds are, the answer is none. And never.

When most employees are questioned, they say they either just know that something is on the wall (or in the poster display case) or they've never really noticed the posters at all!

So we need to do some training! Why? Training employees on the how and what of labor law posters could:
  • Prevent injuries to the employees, to co-workers or to customers
  • Reduce the likelihood of lawsuits for missed or misunderstood benefits like FMLA or ADA accommodation
  • Reduce the amount of time HR staff has to spend explaining protections and obligations covered in the posters


Some tips and suggestions for good labor law poster training

Focus on:

The reason the posters are there
The reason reading them is important to employees (they may miss a benefit until it's too late, etc)
The locations for the posters
An overview of the content

Do not:

Read the entire poster set to employees, unless reading skills are an issue. The focus should remain on the employee's obligation to see and read this material. Reading it may also set you up for a future lawsuit if an employee claims "that's not what so-and-so said when they read it to us!"

This little training could yield big results for your employees and for your company.

Monday, June 15, 2009

Unpaid training time puts employer in trouble

The U.S. Department of Labor (DOL) recovered $117,023 from America’s Car Mart in overtime back wages for 103 current and former management trainees, following an investigation that found the company violated the Fair Labor Standards Act (FLSA).

The DOL found that America’s Car Mart failed to pay its employees overtime compensation they were legally entitled to receive for the time they spent in training.

“This company failed to follow federal wage and hour regulations,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. “In this case, non-exempt trainees were not compensated at time and one-half their regular rate of pay for overtime hours while in training.” (DOL press release)


The company cooperated with the DOL investigation and agreed to future FLSA compliance.

Remember:

The FLSA requires that covered employees be paid at least the federal minimum wage of $6.55 for all hours worked, plus time and one-half their regular rates of pay for hours worked more than 40 per week, unless otherwise exempt. Employers must also maintain accurate time and payroll records. Effective July 24, 2009, the minimum wage will increase to $7.25 per hour.


To determine whether an employee is exempt or nonexempt, they must meet certain job responsibility and salary tests. Current information on FLSA exemptions can be found on the DOL’s site at www.dol.gov/fairpay.

Because FLSA violation lawsuits can critically damage your business, it’s important to understand all of the federal the state labor laws on employee time and pay requirements. Know how to navigate the confusing FLSA compliance waters now, and eliminate the risk of fines and penalties later.

Tuesday, May 5, 2009

Is the “dork factor” hampering your safety training?

When it comes to training seasoned employees on workplace safety, you’ll rarely find a situation where an employee thinks they’re “too cool” to take the proper safety precautions at work. But when you’re dealing with teenage employees, the “dork factor” can have a major impact on how well, or not, they’ll follow safety precautions.

I first saw the “dork factor” explained by Paul Caret at the MEMIC Safety Blog in a post about motorcycle safety and the need to wear bright colored gear. When a coworker and avid motorcyclist met up with a few of his biker friends in a new, full faced helmet, they greeted him by saying, “Dude, you look like a dork.”

It may be easy for an adult to brush off a comment insulting their “coolness” and put safety above appearance, but the same situation can be much more difficult when you’re a teenager.

Whether it’s the pressure to look cool in front of their friends by not wearing a “dorky” helmet or feelings that they’re immune to the consequences of dangerous decisions, teens tend to take significantly more safety risks than the average adult.

“Because of their biologic, social, and economic characteristics, young workers have unique and substantial risks for work-related injuries and illnesses. In 2007, 38 youth under 18 died from work-related injuries. In 2006, an estimated 52,600 work-related injuries and illnesses among youth 15 to 17 years of age were treated in hospital emergency departments.” (National Institute for Occupational Safety and Health)

Especially with the summer fast approaching and more teens entering the workforce, helping teens overcome the “dork factor” is more important to your safety efforts than ever. Consider these tips when training young workers on workplace safety:

  • Know the law, and make sure teens do, too. The Occupational Safety and Health (OSH) Act and child labor laws under the Fair Labor Standards Act outline specific employer responsibilities when it comes to keeping young workers safe. Ensure that you and your teen employees have a clear understanding of safety laws before they’re allowed to work.

  • Train, train, train. Develop a safety training course for teens to ensure they can recognize hazards and understand safe work practices. Topics should include, but are not limited to, how to prepare for fires, workplace accidents, violent situations and what to do if they are injured.

  • Supervise. Assign supervisors to groups of teen workers to help them recognize safety hazards and respond appropriately. Train supervisors to provide positive recognition to young employees who demonstrate safe working habits.

  • Make safety a priority. Stress workplace safety, especially among supervisors responsible for teens. First-line supervisors can have the greatest influence on teens’ and their work habits.

  • Encourage questions. Establish an open-door policy where young workers can feel comfortable asking about anything that is unclear or not understood, particularly when it comes to safety.

When teen workers know how to be safe at work and the reasons behind safety measures they’ll be better equipped to get over the “dork factor” and watch out for their own well-being, along with the safety of their coworkers. You have only a few weeks left before school lets out for summer, so get started on your teen worker safety program today.

Wednesday, April 29, 2009

Summer teen safety issues on the horizon

Memorial Day, the unofficial summer kick off, is only weeks away and has many businesses looking to hire some extra help from the pool of eager students wanting to turn their free time into cash.

As businesses welcome the added help and teens look forward to the extra money in their pockets, there are some serious issues for every organization to consider before hiring anyone under the age of 18.

An estimated 200,000 teenagers are injured on the job every year and nearly 70 die from work-related injuries, according to federal statistics. Teens have a significantly higher rate of workplace injuries than that of adults, despite child labor laws restricting young workers from hazardous jobs and the penalties employers face if found negligent.

Last year’s changes to the Fair Labor Standards Act (FLSA) that increased penalties for child labor violations have made teen safety more important than ever. Employers may be penalized up to $50,000 for the death or serious injury of an employee under the age of 18, with the possibility of up to $100,000 in penalties for repeated or willful violations.

With the summer job season right around the corner, businesses must be aware of the laws protecting teen workers and prepared to provide young workers with the most comprehensive on-the-job safety training.

Start getting your teen safety training program up to par with these online resources:

  • Youth Job Safety - Developed by the Occupational Safety and Health Administration (OSHA) and the U.S. Department of Labor (DOL), the Youth Job Safety campaign is a one-stop shop for employers, teen workers, educators and parents to find valuable information on keeping teens safe at work.

  • Youth@Work: Talking Safety - The National Institute for Occupational Safety and Health (NIOSH) put together the Youth@Work program to provide a foundation curriculum in on-the-job safety and health for young workers. The site lists customized state guides, addressing state-specific rules and regulations, that can be used to supplement any teen safety training program.

  • YouthRules! - The DOL’s online resource providing information on federal and state labor laws that apply to young workers, including the hours young employees can work, the jobs they can legally do, and tips to prevent teen workplace injuries.
(NIOSH) put together the Youth@Work program to provide a foundation curriculum in on-the-job safety and health for young workers. The site lists customized state guides, addressing state-specific rules and regulations, that can be used to supplement any teen safety training program.

Always prepare early for seasonal help and have a safety training program in place well before your organization hires teens for summer work. Ensure that your business stays protected by training teen workers on the importance of safety in the workplace from the first day they walk through your doors.

To help your business avoid costly child labor violation fines and provide a safe working environment for young workers, take a look at the ComplyRight Now E-Guide: Teen Safety in the Workplace. The downloadable guide provides concise, legally sound advice to help your business navigate and comply with the latest changes to federal child labor laws and regulations.

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