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Medical and Recreational Marijuana Use and the Workplace
Across the nation, the attitude towards marijuana use, both medical and recreational, has changed greatly over the last decade. In 2016, The Pew Research Center reported that 57% of those polled supported the legalization of marijuana while 37% wanted it to remain illegal. Those numbers were reversed just 10 years ago, with just 32% of respondents supporting legalization and 60% opposed. As of January 8, 2018, 29 states legalized the use of medical marijuana and 8 states leg
Jan 26, 20183 min read


Working 9-5...and Then Some
Overtime rules can get complicated. The FLSA (Federal Labor Standards Act) requires employers to pay nonexempt employees one and a half times their standard hourly wage if they work over 40 hours per week. This is pretty straight forward if your employee is performing one job at your company. But what if you own two separate companies and one employee performs work for both and exceeds 40 hours per week. Are you as an employer responsible for paying overtime? The short answer
Jan 19, 20182 min read


Tax Implications of Holiday Bonuses
It’s the holiday season, which means employees in many companies may be receiving a holiday bonus! So, what are the tax implications? Per Internal Revenue Service (IRS) guidelines, all bonuses issued via check/direct deposit or in the form of gift card (cash equivalent) are considered supplemental taxable wages. Additionally, holiday bonuses are considered discretionary, and therefore do not need to be included in overtime pay calculations for non-exempt employees. For bo
Dec 16, 20162 min read


Federal Overtime Preliminary Injunction Appealed
As we are aware, the Fair Labor Standards Act (FLSA) salary threshold for exemption from overtime was being raised to $47,476 annually, as December 1, 2016. Then, on November 22nd, only one week prior to the deadline, a federal district court granted a preliminary (temporary) injunction that blocked (postponed) the ruling, preserving the status quo of $23,660 annually - the argument being that the Department of Labor (DOL) exceeded its authority by doubling the threshold and
Dec 2, 20162 min read


Honest Belief Rule
Likely the most common question we hear is, “can I terminate an (at-will) employee for cause, even if he/she is a member of a protected class?” The quick answer is yes: any at-will employee can be terminated at any time, with or without cause, so long as the reason for termination is not discriminatory or retaliatory (i.e.: refusing to perform an illegal act) in nature. Beyond that, an employee cannot be terminated for taking approved leave to which he/she is entitled (i.e
Nov 4, 20162 min read


FLSA Regs
Because we are getting closer to the FLSA changes that December brings, I have attached a PDF that you may find helpful. I encourage everyone who has not already familiarized themselves with the FLSA changes to read the attached in its entirety, though below is a summary for your quick review – the below is just an abbreviated outline/summary and therefore does not address specifics such as, for example, outside sales, educators, lawyers, and medical professionals. Three te
Oct 28, 20162 min read
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