Under the Fair Labor Standards Act (FLSA), a 'tipped employee' is someone in an occupation in which he or she customarily and regularly receives more than $30 per month in tips. An employer of a tipped employee is only required to pay $2.13 per hour in direct wages if that amount, combined with the tips received, equals the federal minimum wage. Many states, however, require higher direct wage amounts for tipped employees. Find out more about your state's minimum wage law. Tip Credits Employers in some states can take what is...
Attention all manufactures and retailers - do not advertise your products as "Made in the USA." if, in fact, they are not made in the United States. If half your product is made in the U.S while the other half is manufactured in China, you cannot claim it is "American-made." While it may seem appealing to stretch the meaning of "American-made," the Federal Trade Commission holds the power to enforce laws against businesses that make false or misleading claims about a product's U.S origin. To protect consumers...
The Department of Labor (DOL) is making it easier for employers to understand and comply with U.S. labor and employment laws. The agency's newly updated Employment Law Guide addresses the new changes in labor policy, including: Increase in the federal minimum wage Expansion of the Family and Medical Leave Act for qualified relatives of injured active duty veterans Child labor regulations in the agriculture industry The Defense Base Act, which provides workers' compensation benefits to civilian employees working outside the...
As an employer, you have a responsibility to maintain a safe work environment, but accidents can happen even in the safest of workplaces. If one of your employees becomes injured on the job, do you have a plan? For employers, an ounce of prevention is worth a pound of cure The Occupational Health and Safety Act (OSHA) ensures that every working man and woman in the nation has safe and healthful working conditions. Observe both federal and state safety regulations. Many states have laws that go beyond the federal standards...
The Federal Trade Commission (FTC) announced this week that it has approved new advertising guidance on endorsements and testimonials. The new rules affect product endorsements in blog posts, chat rooms and other social media web sites, and comment/message sites. Several changes to the existing Use of Endorsements and Testimonials in Advertising include: Freebies, Comps, and Paid Endorsements - Any payments or free products given to endorsers by an advertiser must be disclosed. The new rules specify that a blogger or social media user...
Whether you find yourself grappling with an employment issue, sparring with a business partner, or just need some guidance on filing the proper paperwork, you may need to turn to a small business lawyer. It's pretty easy to search for lawyers online or in the phone book, but that can be a frustrating and fruitless process. There are many factors to consider when hiring a good small business lawyer, but here are a few tips to get you started: Research, Research, Research Imagine if you had a serious medical condition and needed...
An essential aspect of running a business is verifying that your vendors and suppliers are up to par, since their standing can affect your operations and reputation. In Part One of the Researching a Company series, we provided a basic overview of options for researching another company. Here in part two, w;ve summed up additional resources you can use to find out more informationabout a business. Research a Busines-s Consumer Protection Claims Consumer protection agencies are valuable resources enacted to protect consumer rights against...
Most private employers have rights when it comes to testing for illegal substances in the workplace. Although employee drug testing is generally not required by law, if you choose to exercise your testing rights, you must comply with federal and state regulations that outline your responsibilities. The first step to establishing a drug-free workplace is understanding what's considered an acceptable and reasonable drug-testing policy. Employer Rights The Drug-Free Workplace Act of 1988 does not require employers to create a...
For almost every risk your business faces, there is an insurance policy that will cover it. But what's required and what isn't? When it comes to business insurance, it's important to cover all you bases. Your business must comply with all employer insurance requirements but that doesn't mean policies that aren't required are any less important. Check out this quick guide for a better understanding of business insurance requirements. What's Required? Workers' Compensation Insurance covers the medical costs,...
What is the ADEA? Job applicants and employees who are over the age of 40 are protected from age-based employment discrimination under the Age Discrimination in Employment Act (ADEA). The ADEA makes it unlawful for an employer to discriminate against a worker because of their age in typical conditions of employment, like interviewing, hiring, compensating, disciplining, terminating, or promoting. While the ADEA intends to prevent employers from discriminating against older workers in favor of those under 40, it also prohibits...
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