Archive for the ‘Employment Law’ Category
Unemployment Claims (Part II) Figuring Out A Sometimes Mysterious System
By Jonathan K. Driggs, Attorney at Law
Last month we discussed some fundamentals about how the unemployment claim process works. Let’s face it, we’ve all been stunned by losing claims we thought we should have won. However, once we figure out how the system really works, the rules applied by the Utah Department of Workforce Services [...]
Employment Posters
By Mark Ward
Hi Clients and Friends! I hope you are enjoying and also benefiting from our PayrollMatters Newsletter. I want to thank Carol Nibley and Jonathan Driggs for their amazing contributions. They are leaders in HR and Employment Law and are a tremendous resource. Your business will benefit by using their services.
As an employer, I’m [...]
Unemployment Claims: Figuring Out A Sometimes Mysterious System
By: Johnathan K. Driggs, Attorney at Law
We all have stories about losing unemployment claims that we thought we should have won. Losing such claims can leave us scratching our heads and feeling like the system can be pretty arbitrary. However, once we figure out some of the ground rules used by the Utah Department of [...]
Getting Straight on Overtime’s Regular Rate
By Jonathan K. Driggs, Attorney at Law
True story. A U.S. Department of Labor (DOL) Investigator met with a company’s HR manager to interview him regarding a complaint an employee had filed under the Family & Medical Leave Act (FMLA). In the middle of the interview—and completely out of the blue—the Investigator turned to the HR [...]
Why I Don’t Like “Non-Exempt Salaried” Arrangements
By Jonathan K. Driggs, Attorney at Law
Ok, I tried to find a nice way of saying it, but ultimately I thought it best that I get right to the point: I don’t like it when my clients pay non-exempt employees on a salary basis—it makes me nervous (and you don’t want to be around me [...]
Some Thoughts on Employee Handbooks for Small Employers (Part II)
By: Jonathan Driggs, Attorney at Law
Last month I discussed when and why a small employer would want to create an employee handbook. Let’s now take a look at how to get started creating a handbook and some important tips employers should follow when creating them.
First of all, where does an employer get the material or [...]
Employee Gifts and How they Affect Payroll Taxes
By: Mark Ward
‘Tis the Season where many employers give gifts to their employees. The Internal Revenue Service (IRS) has very specific code about gifts that employers give to their employees. As you evaluate the gifts your business may be giving I thought it would be helpful in this article to review the IRS Code associated [...]
Legal Basics for Every Employer
By: Carol Nibley
Let’s focus our attention this month on some legal basics every employer should know and understand.
Issue: Retaliation is now the most frequently cited form of discrimination, edging out race discrimination.
Solution: Make sure you and your managers do not take adverse action against an employee or applicant because he/she filed a charge of discrimination, [...]
Some Thoughts on Employee Handbooks for Small Employers (Part I)
By: Jonathan Driggs
Small employers often struggle to know when it’s time to put an employee handbook in place. Very small employers (and even those that are a little larger) often feel that their operations are not complex enough to require a handbook—and the more casual “family feel” of a smaller organization could be impacted by [...]
Managing Unacceptable Performance Issues
By: Carol Nibley
Ideally, employers hire employees who can and will do the jobs for which they are hired. Occasionally, an employer may find that the candidate really doesn’t have the requisite skills for the position. In ideal circumstances, a training solution can help close the performance gap. If training doesn’t provide the needed improvement, a [...]