Debbie Fledderjohann's Blog Posts Tagged 'Compliance' (16)

California's New Pay Requirements for Exempt Computer Professionals

The new year is bringing new pay requirements for exempt computer professionals in California.

State law allows certain computer software employees to be exempt from state overtime requirements if they receive a minimum hourly, monthly, or yearly pay rate.  The required rates are based on the California Consumer Price Index for Urban Wage Earners and Clerical workers and are evaluated on a yearly basis, according to the Society for Human Resource Management (SHRM).

The index…

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Added by Debbie Fledderjohann on December 18, 2012 at 8:30am — No Comments

6 Scary Risks of Running Your Own Contract Staffing Back-Office

Forget about ghosts and goblins. When it comes to running your own contract staffing back-office, there are very real risks that can keep any recruiter up at night.

Handling the back-office duties associated with contract placements becomes more complicated each year as employment regulations continue to increase. 

Here are just some of the scary details to fear:

  1. IRS audits — The IRS seems to be cracking down on…
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Added by Debbie Fledderjohann on October 23, 2012 at 3:57pm — No Comments

Update: How to Conduct Legal Background Checks - Notice Revised

As the Consumer Financial Protection Bureau (CFPB) takes over the enforcement of the Fair Credit Reporting Act (FCRA), employers will be required to use a new version of the FCRA Summary of Rights when conducting background checks, according to…

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Added by Debbie Fledderjohann on October 4, 2012 at 10:00am — 1 Comment

When Must a Contractor Be Paid Overtime?

The Sacramento Business Journal recently reported that lawsuits under the Federal Labor Standards Act (FLSA) have risen 33% over the past three years. With that in mind, it seems like a good time to discuss when contractors must be paid overtime.

First, let's…

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Added by Debbie Fledderjohann on August 2, 2012 at 1:43pm — No Comments

Could "Obamacare" Increase the Demand for Contractors?

Like it or not, it looks like the Patient Protection and Affordable Care Act (PPACA), otherwise known as "Obamacare," is here to stay. Even if the upcoming election is a Republican landslide, experts say it is unlikely that the healthcare reform will be completely repealed.

One of the upcoming provisions that is worrying employers the most is the employer mandate. Under this provision, employers with 50 or more full-time employees will be required to provide…

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Added by Debbie Fledderjohann on July 24, 2012 at 8:44am — 2 Comments

5 Things You MUST Do When Employing a New Contractor

If you are running your own back-office for contract placements, there are certain things you need to do when a contractor starts working to ensure you have accurate payroll records and that you are in compliance with any applicable employment laws.

For each new contractor, be sure to:

  1. Verify their name and Social Security Number. This is important for W-2 reporting. If you make a mistake, the contractor's earnings could be applied to the…
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Added by Debbie Fledderjohann on June 26, 2012 at 4:00pm — No Comments

What to do if a Client Doesn't Want to Pay Contractors Overtime

The
Fair Labor Standards Act (FLSA) requires that most of the contractors you place be paid at a rate of 1.5 times the regular pay rate for hours worked over 40 in a work week.  Many clients balk at paying extra for these hours. They may argue that overtime does not apply because the worker is in a
 …

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Added by Debbie Fledderjohann on May 22, 2012 at 4:32pm — No Comments

What Recruiters Can Expect in an IRS COBRA Audit

If you're running your own back-office and offering benefits to your contractors, it is critical that you are familiar and compliant with COBRA. COBRA, which stands for The Consolidated Omnibus Budget Reconciliation Act, was enacted in 1986. It requires employers with more than 20 employees to offer continuation of health care coverage when an employee loses coverage due to status changes, such as resigning, losing a job, or having hours…

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Added by Debbie Fledderjohann on April 19, 2012 at 4:49pm — No Comments

Credit Checks Limited in California. Federal law next?

California has passed a new law prohibiting employers from using credit checks in most cases, according to Workforce.  

Starting January 1, employers will only be able to only use consumer credit reports for:

  • Managers
  • Positions in the state Justice…
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Added by Debbie Fledderjohann on November 4, 2011 at 4:46pm — No Comments

California Passes Law Against Mandatory E-Verify

While many states are passing laws requiring E-Verify, California appears to be going the opposite direction.

The Empoyment Acceleration Act of 2011 forbids California, as well as any of its cities, counties, and special districts, from requiring E-Verify,…

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Added by Debbie Fledderjohann on November 1, 2011 at 10:19am — No Comments

President Obama Moves to Make "Unemployed Discrimination" Illegal

Over the past year or so, many people have gotten up in arms over job ads that specifically state that unemployed candidates will not be considered for open positions. Now the practice has caught President Obama's attention.

Included in the jobs bill that Obama has been pushing over the past couple of weeks is the Fair Employment Opportunity Act of 2011.  This act would effectively make "unemployed discrimination" illegal, according to the Society for…

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Added by Debbie Fledderjohann on October 5, 2011 at 2:52pm — 2 Comments

Don't Neglect Legal Interviewing Techniques for Contract Positions

One of the beauties of contract placements is that they happen FAST. Often interviews are conducted over the phone, and the contractor is at work within in a matter of days rather than the weeks or even months it can take with direct hires.

But don't let the quick nature of contract placements cause you or your clients to overlook legal interviewing techniques.  According to attorney Lisa Yankowitz, one staffing company learned this the hard way, settling a disability…

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Added by Debbie Fledderjohann on October 3, 2011 at 1:56pm — No Comments

Side-Stepping the Co-Employment Trap 3: Benefits

Contracting offers employers the flexibility they need in this economy to easily adjust their workforce to their business needs. But some employers are gun-shy about utilizing contractors out of fear of co-employment issues. In this series, we will examine the co-employment risk and how your client companies can reduce that risk when utilizing contractors.

Contractor benefits, or more specifically, the lack thereof, was the driving force behind one of the most famous co-employment…

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Added by Debbie Fledderjohann on September 9, 2011 at 11:54am — No Comments

Side-Stepping the Co-Employment Trap 2: Compensation and Taxes

Paycheck Contracting offers employers the flexibility they need in this economy to easily adjust their workforce to their business needs. But some employers are gun-shy about utilizing contractors out of fear of co-employment issues. In this series, we will examine the co-employment risk and how your client companies can reduce that risk when utilizing contractors.

Perhaps one of the most important aspects of the employer/employee relationship is how the worker is paid for…

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Added by Debbie Fledderjohann on September 9, 2011 at 11:52am — No Comments

Side-Stepping the Co-Employment Trap 1: What is Co-Employment?

Contracting offers employers the flexibility they need in this economy to easily adjust their workforce to their business needs. But some employers are gun-shy about utilizing contractors out of fear of co-employment issues. In this series, we will examine the co-employment risk and how your client companies can minimize that risk when utilizing contractors.

Co-employment exists when two or more legally separated employers share potential or actual employer…

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Added by Debbie Fledderjohann on September 9, 2011 at 11:51am — 1 Comment

2010 Record-Breaking Year for EEOC Claims

Discrimination charges investigated by the Equal Employment Opportunity Commission (EEOC) reached a record high in 2010, and 2011 is expected to outpace last year, according to a Bloomberg Businessweek article.

In fiscal year 2010, there were 99,922 charges of…

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Added by Debbie Fledderjohann on August 22, 2011 at 4:17pm — 1 Comment

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