Press "Enter" to skip to content

Posts published in “Time & Attendance”

Biometric Technology and Data Privacy Laws

0

There has been an increase in biometric privacy class action lawsuits, which should bring concerns to employers. First and foremost, what is biometric data? Biometric data refers to any data that identifies or is related to an individual’s physical, physiological or behavioral characteristics, such as fingerprints, iris scans, facial recognition, hand recognition, voice recognition, DNA or any other unique biological information. With the rise of biometric technologies, concerns over the privacy and security of biometric data have become increasingly important. Securing an employee’s biometric data should be held in the same regard, if not higher, as other data, such as…

Calculating Overtime Properly

0

Overtime. It is a subject that you may think you know well, but do you? It is not always a simple matter of paying the employee “time and a half” for any hours worked in excess of 40 hours in a workweek. There is much more to take into consideration, and while this article is not intended to cover every scenario out there, we will touch a number of bases. What we will not cover, this time around, is who may be exempt from overtime. Let’s start with the federal law, where the overtime provisions are contained in the Fair…

Restaurants and Businesses with Tipped Employees – New Minimum Wage Rule Takes Effect

0

On October 28, 2021, the U.S. Department of Labor (DOL) issued a Final Rule, which takes effect on December 28, 2021; it is extremely important for businesses that pay the lower “tipped minimum wage” to take notice. In this final rule, the DOL finalizes its proposal to withdraw one portion of the Tip Regulations Under the Fair Labor Standards Act (FLSA 2020 Tip Final Rule) and finalize its proposed revisions related to the determination of when a tipped employee is employed in dual jobs under the Fair Labor Standards Act of 1938. Specifically, the Department of Labor is amending its…

The Gift of Donated Paid Time Off

1

I have not been asked about this topic in my previous 25 years, yet in the past few months, I have received at least half a dozen inquiries. I am not sure of the reason this has become a hot topic lately; maybe it is COVID-19, but here are the details and considerations: Paid time off, whether it is Vacation, Sick, PTO, or whatever a company may call it, is a great benefit to its employees. It is there in the event that the employee cannot, or maybe just does not want to go to work, yet receives their pay…

Information Regarding Your Employees’ Rights for Time Off to Vote

0

Do you know the laws on providing time off for your employees to vote? As we approach a major national election, you should review your policy to make sure you are in compliance with the law, as there can be civil and criminal penalties for violations. There is not a federal law on the books, so any time-off policy falls in the hands of the state in which the employee votes. Some states designate an amount of time while others will require paid time off, and just about all prevent you from firing or disciplining an employee for taking time…

Compensable and Non-compensable Travel Time. Do You Know?

1

There are many times when an employee may need to travel for business-related purposes. The latter span can include something brief, like a trip to the bank, or a cross-country flight for a business conference and depending upon the circumstances, it can be compensable time. I think the best way to tackle this is to take a look at examples as to what is and what is not: What is NOT compensable Home to work/Work to home (aka commuting) – An employee who travels from home before the regular workday and returns to his/her home at the end of the…

BYOD; Business Use of an Employee’s Personal Device Requires Compensation

0

If you have an employee who drives their personal vehicle for a work related matter, it is the norm to reimburse the employee for the business-related use.  It is a straight forward calculation by taking into consideration how many miles the person drove and multiplying it by a rate.   The IRS even publishes a standard mileage rate of .58 cents per mile (2019).  But what if that employee uses their mobile personal device (aka cell phone) in a Bring Your Own Device (BYOD) workplace? As employers implement paperless, streamlined, and automated solutions to their work environment, we are finding that…

State Minimum Wage Increases 2019

0

While the Federal minimum wage remains at $7.25 per hour, 22 states and many cities/locals have set increases effective January 1st, 2018 with a few announcing a July 1st, 2019 increase, and New York with a December 31st, 2018 increase.  A list of each state/local, along with the new hourly rate is listed below; All rates are effective January 1st, 2019 unless otherwise noted. Alaska: $9.89 an hour Arizona: $11.00 Flagstaff: $12.00 Arkasnsas: $9.25 California: $12.00 for businesses with 26 or more employees; $11.00 for businesses with 25 or fewer employees Alameda: $13.50 Belmont: $13.50 Cupertino: $15.00 El Cerrito: $15.00 Los Altos: $15.00 Los Angeles: (7/1/2019) $14.25 for businesses with 26 or more employees;…

Biometric Timeclock Considerations

0

A biometric recognition timeclock is a great way to assure that the employee who is ‘on the clock’ is actually the one on-site and performing work, as it utilizes a part of the person’s body as their verification.  In mainstream practice, I find two main types of biometric clocks; hand recognition and fingerprint recognition.  In this article, I will discuss a few pros and cons, and how reliable they are in making a positive id. First up is hand recognition.  The device is the HandPunch clock which reads the unique geometry of each person’s hand.  Contrary to popular belief, it…