When Do Interns Have to Be Paid? Revised FLSA Test May Create New Unpaid Internship Opportunities

Did you know that the Department of Labor recently changed the test used to determine whether interns are employees under the Fair Labor Standards Act (FLSA)? Though mostly overlooked, this development may significantly affect the manner in which employers provide internship opportunities. It may also encourage other employers to start their own internship programs.

In January 2018, the Department of Labor clarified that going forward, a "primary beneficiary" test will be used to determine whether interns are employees of "for profit" employers under the FLSA. Why is this a big deal? The FLSA's minimum wage and overtime pay requirements generally apply to employees, not interns.

Educators and employers alike agree that individuals can benefit greatly from properly designed unpaid internship programs. Unfortunately, since interns are not entitled to compensation under the FLSA, they may be exploited by employers who use their free labor without providing with an appreciable benefit in education or experience. The DOL began issuing informal guidance to prevent this kind of abuse in the late 1960s.

In 2010, the DOL published a 6-factor test to distinguish between interns that don't need to be paid under the FLSA and employees that do. One factor in particular proved to be a nearly insurmountable obstacle. "The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded."Since all six factors had to apply, many believed this test was too rigid, including some federal appellate courts. These courts instead opted to apply a "primary beneficiary" test that:   

focuses on what interns receive in exchange for their work;   

gives courts the flexibility to examine the economic reality of the intern/employer relationship; and   

acknowledges the uniqueness of internships in that interns agree to perform work in exchange for educational or vocational benefits.

In January 2018, the DOL essentially adopted this "primary beneficiary" test to eliminate unnecessary confusion and provide increased flexibility to holistically analyze internships on a case-by-case basis. This test includes seven factors to consider when determining whether an intern is actually an employee under the FLSA.   

Expectation of Compensation. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee-and vice versa.   

Training. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including clinical and other hands-on training provided by educational institutions.   

Education. The extent to which the internship is tied to the intern's formal education program by integrated coursework or the receipt of academic credit.   

Academics. The extent to which the internship accommodates the intern's academic commitments by corresponding to the academic calendar.   

Duration. The extent to which the internship's duration is limited to the period in which the internship provides the intern with beneficial learning.   

Displacement. The extent to which the intern's work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.    Promise of Employment. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.Unlike the rigid six-factor test, the primary beneficiary test is intended to be flexible. No single factor is determinative and additional factors may also be considered on a case-by-case basis when appropriate.

The FLSA's "internship exclusion" was quite narrow under the old six-factor test. Whether this changes under the new primary beneficiary test remains to be seen. Nevertheless, employers should proceed cautiously when evaluating and determining whether someone can be treated as intern under the FLSA, rather than an employee.The risk of employment-related claims goes up whenever laws and regulations change. Employment Practices Liability Insurance, which may include limited wage and hour coverage, can protect employers in the event of an inadvertent violation

Preventing Sexual Harassment in California

Sleep with me if you want to keep your job."Does it sound good to you? What if you have been offered as such from your superiors?

In this modern times, it's hard to believe that sexual harassment in the workplace still exists. Sadly, it is still happening. Whether you are in a small or big organization, there's always the tendency of being assaulted at work without even noticing it. Some would even use their power in the office to get what they want in exchange for a job security. But what is Sexual Harassment? How can you tell if it is Sexual Harassment?

According to Wikipedia, sexual harassment is bullying or coercion of a sexual nature or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In the state of California, Preventing Sexual Harassment in California harassment cases tends to increase yearly. Based on statistics from California Coalition Against Sexual Assault (CCASA), California's rape crisis centers served 31,790 survivors of sexual violence in the state during the fiscal year 2011-2012. In the fiscal year 2011-2012, 134,322 people received community education about sexual assault in the fiscal year 2011-2012. It is estimated that there are 8.6 million survivors of sexual violence other than rape in California. There are an estimated 2 million female victims of rape in California, 5.6 million women in the state have been victims of sexual violence other than rape. It is estimated that there are 3 million male survivors of sexual violence other than rape in California. Studies suggest anywhere between 40-70% of women and 10-20% of men have experienced sexual harassment in the workplace.

With the increasing cases of sexual assault in California most especially from Supervisors, the California Sexual Harassment Training as required by law is vital to superiors. Also known as California State Law AB 1825 which is part of the Fair Employment and Housing Act, first became effective August 17, 2007. The legislation mandates statewide sexual harassment training for any employee who performs supervisory functions within a company of 50 employees or more. Under AB 1825, supervisors must be trained within six months of hire and undergo retraining every two years. The new training, which goes into effect January 1, 2018, stipulates that training must include specific examples of such harassment on the basis of gender identity or expression or sexual orientation and that at least a portion of the training must be presented by trainers with knowledge and expertise in these areas. To make it easy for everyone, web-based training has been established in a form of webinar and E-learning. These training solutions are consistent, compliant and don't take away from any employee's valuable time. Online California harassment training courses are also easily tailored to meet your organization's unique needs in compliance with AB1825. Failure to comply will result in lawsuits amounting to thousands of violations and fines.

To the victims who failed to stand up for their rights, there is still HOPE! Sexual harassment law offers strong protection in California. There are numerous consulting firms that offer free consultations on workplace harassment.Just speak out and don't be afraid of sexual harassment is never pretty!

How Do Employment Practices Apply to Volunteers

Many nonprofits rely on volunteers in addition to paid employees to achieve their goals. Few of these organizations, however, fully grasp the legal distinctions between these two types of workers. At its core, employees are paid and volunteers are not, but several factors affect the legal definitions.

Volunteer vs Employee: Who Qualifies?

The Department of Labor uses a variety of factors to determine whether a worker is an employee or a volunteer. These include:   

Does the volunteer's work/services benefit a nonprofit?   

Does the individual volunteer fewer hours than a full-time job would demand?   

Is the individual volunteering of their own free will (i.e. no coercion or persuasion)?   

Is the individual performing typical volunteer work?   

Is the volunteer replacing a regular employee?   

Does the individual receive or expect to receive some kind of benefit from the nonprofit for their time?

While no individual factor is indicative of volunteerism, the Department of Labor (DOL) will usually regard volunteer work as ordinary if nonprofits can answer yes to the first four questions and no to the last two.Understanding Legal Volunteer Status

Reimbursements and Stipends

Many nonprofits want to compensate their volunteers in some way. After all, volunteers are often vital to achieving a nonprofit's mission. However, compensating volunteers can result in a loss of volunteer status as well as the associated legal protection for volunteers. To retain protections, the Volunteer Protection Act requires the individual to perform services for a nonprofit or government organization without receiving compensation.

However, nonprofits can reimburse volunteers for their expenses as well as provide stipends. The rule of thumb is not to exceed $500 in either annual compensation or benefits. While a nonprofit may think a $50 per month stipend does not sound like much, it can remove volunteer status from their unpaid workers. This means the volunteer would no longer be protected from liability claims.

Nominal Compensation

Complicating the issue is the DOL's Fair Labor Standards Act (FLSA), which describes nominal compensation allowances. The DOL's Wage and Hour Division considers fees paid to a volunteer nominal so long as it does not surpass 20% of what an equivalent paid position would command. Purdham v. Fairfax County School Board exemplifies this situation. A paid school safety and security assistant also volunteered as the school golf coach. The coach received a stipend of $2114 per year. The 4th Circuit Court of Appeals upheld this stipend as nominal because the individual's volunteer role was separate and different from his paid job. In addition, a paid part-time coach position existed, but the individual preferred to volunteer his time.

Nonprofits that wish to compensate their volunteers in some manner should take caution. While the DOL allows reasonable reimbursement and nominal compensation, it's alarmingly easy to lose volunteer status and protections. However, losing status is not the only risk nonprofits assume regarding their volunteers.

Where the Differences Between Volunteers and Employees End

While nonprofits need to understand the difference between employees and volunteers for status and protection reasons, they also need to understand their similarities. For example, employment practices liability is not unique to paid employees. Even if a nonprofit manages to operate 100% with volunteers, they need employment practices liability insurance (EPLI). EPLI protects nonprofits from a variety of allegations including:    Discrimination   

Unfair hiring practices   

Hostile work environment   

Sexual harassment   

Wrongful termination

While some of the above seem to apply only to paid workers (i.e. wrongful termination, hostile work environment), that's not the case.

For example, assume a volunteer sends an inappropriate joke via email to another volunteer only to discover they CC'd the entire staff by mistake. If the nonprofit later relieves a different volunteer of his or her position, that individual can sue the nonprofit for allowing a hostile work environment due to the crude email. While this situation may seem unlikely, numerous court cases of this nature provide evidence to the contrary.

Wrongful termination lawsuits lodged against nonprofits by former volunteers crop up with surprising regularity as well. Many of these arise as a result of improper documentation. For example, assume an under-performing volunteer submits a complaint of sexual harassment. The nonprofit does due diligence and investigates the claim but determines no wrongdoing occurred. The nonprofit then goes on to relieve the volunteer because of his or her poor performance. However, if the nonprofit did not document the meager performance, this situation looks very bad on paper. The terminated volunteer can sue for wrongful termination, alleging the nonprofit fired him or her due to the harassment claim.

Most nonprofits believe they have a good grasp on liability issues: avoid harassment, discrimination, and other severe workplace issues. Yet EPL claims occur at a staggering rate, creating a significant source of risk and liability for any nonprofit organization. Consult an expert to learn more.

Guide to New Employment Laws for California in 2018

All employers with five (5) or more employees are prohibited from including on any employment application a question that seeks disclosure of the applicant's criminal history. The employer cannot "inquire" or "consider" an applicant's conviction history until after a conditional offer of employment has been made.This also means employers cannot use background checks that reveal criminal conviction history until after an offer is made.If an employer intends to deny employment to an application because of an applicant's conviction history, whether in whole or in part, it must make an individualized assessment of whether the applicant's conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position. The employer shall consider: (1) the nature and gravity of the offense or conduct; (2) the time that has passed since the offense or conduct and completion of the sentence; and (3) the nature of the job held or sought. This assessment may or may not memorialized in writing.If the employer makes a preliminary decision that the applicant's conviction history disqualifies the applicant from employment, the employer shall notify the applicant of this preliminary decision in writing. The notification shall contain: (1) notice of the disqualifying conviction or convictions that are the basis for the preliminary decision to rescind the offer; (2) a copy of the conviction history report, if any; and (3) an explanation of the applicant's right to respond to the notice of the employer's preliminary decision before that decision becomes final and the deadline by which to respond. The explanation shall inform the applicant that the response may include submission of evidence challenging the accuracy of the conviction history report that is the basis for rescinding the offer, evidence of rehabilitation or mitigating circumstances, or both.The applicant has at least five (5) business days to respond to the notice provided to the applicant before the employer may make a final decision. The applicant's response may dispute the accuracy of the conviction history report that was the basis for the preliminary decision to rescind the offer. If the applicant states he/she is taking specific steps to obtain evidence supporting his/her dispute, then the applicant has five (5) additional business days to respond with the evidence.If an employer makes a final decision to deny an application solely or in part because of the applicant's conviction history, the employer shall notify the applicant in writing. The notice must include: (1) the final denial or disqualification; (2) any existing procedure the employer has for the applicant to challenge the decision or request reconsideration; and (3) the right to file a complaint with the Department of Fair Employment and Housing.

Do Not Ask about Salary History (Labor Code § 432.3)An employer may not seek salary history information about an applicant for employment. "Salary history information" including compensation and benefits.The new law does not prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer. If an applicant voluntarily and without prompting discloses salary history information to a prospective employer, the employer may consider or rely on that information in determining the salary for that applicant.If an applicant asks the pay scale for a position, the employer must provide it.Job-Protected Parental Leave Law (Govt. Code § 12945.6)Employers with 20 or more employees must provide eligible employees up to 12 weeks of unpaid leave for new parents to bond with a new child within one (1) year of the child's birth, adoption, or foster care placement. Unlike the federal Family and Medical Leave Act and the California Family Rights Act, this new law is limited to parental leave; it does not allow for leave due to the employee's or the employees' family member's "serious health condition."A covered employer has between 20 and 49 employees with 75 miles of each other.A covered employee has more than 12 months of service with the employer, and at least 1,250 hours of service with the employer during the previous 12-month period.While the leave is unpaid, the employee is entitled to use any accrued vacation pay, paid sick time, or other accrued paid time off. In addition, the employer must maintain group health coverage during the leave at the same level and under the same conditions that would have been provided had the employee continued to work.Immigration: Cooperation with Federal Authorities (Govt. Code §§ 7285.1, 7285.2, 7285.3, and Labor Code § 90.2)Under current federal immigration law, when federal immigration authorities visit a worksite to perform enforcement activity, the employer may allow authorities to access nonpublic portions of the worksite voluntarily or requiring a warrant. California's new law removes the employer's ability to voluntarily allow access to nonpublic portions of the worksite.The Labor Commissioner or Attorney General have exclusive authority to enforce this new law. Thus, there is no private right of action under the California Labor Code's Private Attorneys General Act. Civil penalties range from $2,000-5,000 for the first violation and $5,000-10,000 for each subsequent violation.The new law also prevents employers from voluntarily providing immigration enforcement agents to access employee records without a subpoena or judicial warrant. This section does not apply to I-9 forms for which a Notice of Inspection has been provided to the employer.If an employer receives of any Notices of inspections of I-9 Employment Eligibility Verification forms or other employment records from an immigration agency, it must provide employees notice of the inspection within 72 hours of receiving notice. The notice must be hand-delivered at the worksite if possible, or by mail or email if hand delivery is not possible.Retaliation: Labor Commissioner Now Authorized to Obtain a Preliminary Injunction (Labor Code § 98.7)An employee or the Labor Commissioner may obtain a preliminary injunction order compelling the employer to reinstate an employee pending the resolution of the employee's retaliation lawsuit. Meaning, an employer may be required to re-hire an employee during the time it takes to litigate the employee's claim that he/she was subject to unlawful retaliation, which usually takes no less a year or more.Moreover, the new law drastically reduces the burden of proof for injunctive relief in retaliation cases. The general standard for a temporary restraining order or permanent injunction requires the party to prove (1) irreparable harm if the injunction is not granted, (2) likelihood of the success on the merits of the claim, and (3) these interests outweigh whatever harm the defendant will suffer if an injunction is granted. Now, injunctive relief shall be granted if the individual makes a mere showing that "reasonable cause" exists to believe the employee was unlawfully terminated or subjected to an adverse action.

In addition to handing employees a much lower burden of proof than other forms of injunctive relief, the court must consider "the chilling effect on other employees asserting their rights under those laws in determining if temporary injunctive relief is just and proper." Thus, the court must consider an entirely new factor that only favors the employees.

Postings and Notices

Benefits

The Employment Development Department made changes to DE 2320 For Your Benefit and the Paid Family Leave pamphlets. DE 2320 must be distributed to an employee upon termination or lay off, or on a leave of absence.

Paid Family Leave no longer has a seven-day waiting period.

Victim's Rights Pamphlet

All employers must provide new employees with written notice about the rights of victims of domestic violence, sexual assault and stalking to take protected time off for medical treatment or legal proceedings. The Victims of Domestic Abuse pamphlet can be found on the California Department of Industrial Relations Website

Transgender Rights Poster

The Department of Fair Employment and Housing developed a new transgender rights poster. All employers with five (5) or more employees must post this information. If you order the federal and state law employment poster updated annually and published by the California Chamber of Commerce, the information is contained therein. Otherwise, the poster can be found on the Department of Fair Employment and Housing website.

Also, employers should familiarize themselves with California's new identification documentation. California identification cards, birth certificates and driver's licenses can include one (1) of three (3) gender options: female, male or nonbinary. They will be phased in beginning September 1, 2018, for birth certificates, and January 1, 2019, for driver's licenses.

Minimum Wage Increase

For employers with 26 or more employees, the state minimum wage increased to $11/hour. For employers with 25 or fewer employees, the state minimum wage increased to $10.50/hour.

The minimum salary threshold for executive, administrative and professional exemptions increased for 2018. The threshold is based on the state minimum wage, not any local minimum wage. The minimum monthly salary exemption for employers with 26 or more employees is $3,813.33/month ($45,760/year).

For employers with 25 or fewer employees, the minimum monthly salary exemption is $3,640/month ($43,680/year).

New I-9 Form (07/17/17 N)

The latest form can be found on the US Citizenship and Immigration Services Website.

IRS Standard Mileage Rate Increases

The 2018 IRS Mileage Rate increased to 54.5 cents/mile for business travel.

Reminders of Local Ordinances

Minimum Wage

The minimum wage for employees working in Los Angeles City increased on July 1, 2016, to $10.50/hour for companies with 26 or more employees. For employers with 25 or fewer employees, minimum wage increased to $10.50 on July 1, 2017. The increases will continue as follows:

Employers with 26 or more employers7/1/16 $10.507/1/17 $12.007/1/18 $13.257/1/19 $14.257/1/20 $15.00Employers with 25 or fewer employees7/1/17 $10.507/1/18 $12.007/1/19 $13.257/1/20 $14.257/1/21 $15.00

Paid Sick LeaveL.

A. City enacted an ordinance requiring 48 hours of paid sick leave per year, doubling California's sick pay law. Unlike the state law which contains exceptions for certain occupations such as construction workers, certain home health workers, flight crews and workers covered by union agreements, the L.A. ordinance contains no exceptions. Employers with 26 or more employees were required to comply by July 1, 2016. Employers with 25 or less employees were required to comply by July 1, 2017.Paid sick leave accrues on the first day of employment and may be used beginning on the 90th day. Employers may either grant a lump sum ("front-load") of paid sick leave or have it accrue at the rate of one

(1) hour of sick leave for every 30 hours worked. However, the state law has additional accrual options not allowed by the L.A. ordinance. Further, under the front-load approach, state law provides that there is no carry over of unused sick time. The L.A. ordinance holds that up to 72 hours must carry over year to year but it does not state whether this carry over requirement applies to front-load plans.Like state law, unused sick leave need not be paid out upon separation. If an employee separates and is rehired within one

(does1) year, any unused sick time must be reinstated. Unlike, state law, the L.A. ordinance  not have an exception to reinstatement if paid sick leave was paid out upon separation, i.e., under a PTO policy.

Your Agenda While Moving House

In this way, you've dealt with everything for your new house. All the printed material is finished, boxes are being pressed and you have your moving date set. Be that as it may, you continue feeling like you've overlooked something. You can't exactly put your finger on it however you can't shake the inclination that you're missing something extremely vital. Fortunately, you can discover an agenda appropriate here for all that you have to recall before moving house, all as per Employment Solicitors.

Make sure to ask the vendors

Before moving into a house, you ought to orchestrate one last visit to the property to discover some imperative things about the house. These incorporate:-

• Locations of the gas and power meters.

• Days of receptacle gathering.

• Location of the indoor regulator and how to function it.

• Main stopcock to kill the water on and.

• Any other vital things to think about the house.

Soliciting all of this will guarantee that you don't need to circled attempting to make sense of how the house functions while unloading and doing everything else that accompanies moving house. It will make life simpler for you, we guarantee!Keep in mind your post!

While moving house, many individuals overlook that not every person realizes that they're moving. This implies you have to divert your mail. The Illustrious have a postal redirection benefit which will help you hugely. You can likewise call distinctive individuals and organizations who send you standard mail and let them know your difference in address yet this will take a ton of time, so it's best to take a gander at what different alternatives you have.

Spotless, perfect, clean!

Contingent upon your moving circumstance you may wind up in a position where you have a couple of days when the house you should move into is unfilled. In the event that you do discover this, you might need to exploit these additional days to clean your new house. In spite of the fact that the old proprietors ought to have tidied up after them, there is no ensuring this. Set aside some opportunity to clean the house extremely a long time before you move the majority of your stuff in and you'll express gratitude to us for it later.Get some answers concerning evacuation costsClearly, in the event that you have a significant little measure of things, for example, individuals moving from their folks' house, or the individuals who are moving into an effectively outfitted place then you won't require much. You could most likely manage with a few autos and some diligent work. In any case, in case you're moving a ton of stuff then you should need to contract a van. On the off chance that you have a companion with a van then you may have the capacity to escape with that, however, more stuff may warrant an expulsion organization. Especially in the event that you don't extravagant dragging around substantial boxes and furniture without anyone else. Employment Solicitors prescribe looking at the expenses of various expulsion organizations, you might be astounded by the amount you can spare. It's an extraordinary method to keep the cost of moving down.On the daySo the enormous day has arrived and everything is pressed and prepared to go. In any case, there will dependably be something that turns out badly so guarantee that you are set up to move into your new home. Employment Solicitors prescribe that you find a way to influence your moving day to go as easily as could reasonably be expected.• Label each container with the room that they should go in and also with what's inside. This will enable you to ensure that all the containers go where they have to.• When dismantling furniture, put every one of the screws and fixings into plastic packs and tape it to the significant household item.• Move furniture before boxes, else you will wind up moving boxes to prepare for the furniture.• Before moving anything in, ensure each room has lights in it. There's nothing more regrettable than seeing part of the way through moving or far and away more terrible after night has fallen and you've wound up oblivious.

Was That Sexual Harassment?

The year was 1991. I was 24 years old and four months pregnant, but I wasn't showing. I was three years into an abusive marriage, not physical, but mental abuse. I had been laid off from my previous job, and I needed this job. It was my first real job as a Paralegal. It was a time when you could smoke in the office, right at your desk. He was 33, was a lawyer, the head of the Legal department, and a vice president of the company.

I was at this job for ONE WEEK, and I had to work late. I was sitting at my desk, alone in my office and without a word, he walked in, grabbed my face, and started to kiss me. I was so shocked, paralyzed and unsure what to do; I just waited for it to be over.

It was over almost as soon as it started and he walked out of my office, and I wondered if I had imagined it all. I packed up my stuff for the day, left the office without a word, drove to my prenatal appointment, where my husband was waiting for me in the parking lot. Remember, our marriage was already on life support, but as soon as I saw him the first thing I did was kiss him. I didn't know what to do, I didn't know how to tell him, I was afraid to tell him, and I was shaking like a leaf.

He demanded I tell him what was going on, which shouldn't be the first response when your wife kisses you, but it was in that relationship, so I told him. His reaction was anger. But the anger wasn't initially directed at my boss, it was directed at me. How could you let something like this happen? What were you doing to encourage him to kiss you? After about what seemed like a lifetime of being yelled at, he finally said, I'm going to talk to him. I begged him not to say anything, we needed the job badly, I would take care of it, and we were going to be late for the doctor's appointment.

The next morning after a half hour argument with my husband informing me I had BETTER take care of the situation, I drove to work wondering how in the world I was going to do just that. I nervously sat at my desk, alone in my office when he came in first thing. He started to say he was sorry and I just blurted out "I'm pregnant." I was a paralegal, so I knew he couldn't fire me and I was sure he wouldn't do anything to a pregnant woman.

But he was slick, he had done this before, and he saw me as prey. I was vulnerable. I was starved for attention, compliments, and assurance that I was smart. He told me every day I was pretty and because I was really good at my job, he kept giving me bigger and bigger assignments. One thing led to another, and before I knew it, we were on the company's private jet flying to a hearing that in reality, I had no business going to. That meeting ended up in a hotel room, and that was the beginning of a four-year affair.

I don't remember who ended the affair really because it was a shit show in the end. I was getting ready to leave my husband, he was accused of embezzling money from the company, and I was under a cloud of suspicion, because "she was sleeping with him, how could she NOT know anything," but I didn't. His wife left him, he lost his license to practice law, he lost his house, but he managed to stay out of jail. I was left picking up the pieces of my life.

It took me years, and I do mean years, to find my self-worth. Through those years of I would hear about women who were victims of sexual harassment, but I never considered myself as one of those women. I wrestled with the fact that it turned into a long-term affair so how could it be sexual harassment and it was the story on CNN that made me pause and wonder. A story so similar to mine it brought up too many memories before I finished my morning coffee.

I'm still not willing to say I was a victim of sexual harassment, but I am willing to say this; NO woman should be sitting at her desk and have to worry about some random guy coming in and kissing her. NO woman should be made to feel worthless. NO woman should have to be afraid to report anything to her superiors, in fear of losing her job. NO woman should be afraid of telling her husband of the harassment because he would be angry with her.

Gender Pay Gap

Since the equal pay act of 1963, the gender pay gap has been improving at an extremely slow pace. Women in 1963 were paid approximately 60 cents on the dollar compared to men. In 2015, we have not made a great deal of progress. Women are only making 78 cents on the dollar as men. That means we have only increased by 18 cents over 50 years! Economist, Evelyn Murphy, who is president of the federal wage project, has estimated that over a lifetime of working (47 years), women have lost a total of the following in wages; High school graduates lost $700,000, college graduates lost $1.2 million, and professional school graduates lost $2 million.

The wage gap not only has an effect on women's present financial situations and ability to save for retirement, but also shows that the lower wages result in lower contributions to their social security benefits. This results in decreased social security benefits for women due to the fact that benefits are determined by the amount of lifetime contributions. In 2012, a 65-year-old woman's average social security benefit was $12,520 annually, as compared to that of 65-year-old male at $16,396. Coupled with the fact that women have lower savings then men due to the lower pay rates, and women's longevity compared to men in general, we are seeing double the amount of women over 65 who live below the poverty line. If the pay gap were closed, in addition of women earning more, saving more and receiving higher Social Security benefits, women would also be contributing a lot more to social security which would be beneficial for everyone.

The gender pay gap is not only a national problem. We see this gender pay gap as well on an international level. CNN reports that the United States ranks 65th out of 142 countries in the world regarding the gender pay gap. The top countries were Burundi at 83 percent, Singapore and Norway at 80 percent. Italian women only made 48 percent of the male salary, and Israel just 47 percent. The lowest percentages are seen in Syria, Pakistan, and Jordan. This is clearly an international issue for women all over the world. Action needs to be taken to change not only our nation, but also the entire world.

There are several steps we can take as women to help bridge this gap. Public awareness of this issue is essential. In addition, many experts agree women must learn to better negotiate their salaries with potential employers. However, negotiation skills are tricky for women because sometimes self-promotion, which works for males, may backfire on them. Some tactics that have shown to be effective for women are knowing what your skills are worth, exhibiting a positive attitude and discussing common goals and what they personally would bring to the table. There are workshops that can help to educate women on how to become successful negotiators. Another way we can improve the gap is to encourage our corporations to be fair to all employees. Companies can use audits to monitor and address gender pay differences. Companies should know that paying fairly is the ethical and legal thing to enforce. It would also improve productivity and overall morale for their female employees. In addition to the equal pay act of 1963, President Obama signed Lilly Ledbetter Fair Pay Act in 2009, which offers more protection against unfair pay. This act allows women to file a claim against the company for 180 days after the discrimination of pay occurs. The AAUW website offers information and support to help women fight for their right to equal pay.

Most economists agree that we have not seen a significant improvement of the gender pay gap in the last 50 years. Closing the gender pay gap would help not only the women of our country, but our entire economy as well as our social security program. We must all take steps to educate ourselves on this issue by reading the many government reports that are available online to raise our awareness. Women, as a whole, must be able to better negotiate our salaries, and hold employers accountable for discrimination. The media continues to discuss this issue, and economists continue to conduct reports and analyze this 78 percent national pay gap. We must continue as individuals to work on closing this gap by some of the methods discussed as well as coming up with new ways to help. Women deserve equal pay for equal work.

An Overview of the ILO Constitution on Fundamental Principles and Rights at Work

The International Labour Organisation adopted the Declaration on Fundamental Principles and Rights at Work in 1998. Although this process started in 1995 at the Copenhagen World Summit for Social Development, it was finally adopted in 1998 and since then it has been gaining pace. The features of the Declaration serve as its identification of the core standards; they are applicable to all the Member States irrespective of the fact whether they have ratified the Conventions.

Notably, the Declaration conferred upon the international community equal importance for human rights, liberalization of international trade, improved labour standards at the national level, and a decentralized system of labour standards implementation making the standards more readily palatable to employers. However, due to the problematic nature of the international enforcement mechanisms, some scholars have criticized these labour standards as impractical. In this regard, the main criticism states that issues pertaining to trade and labour must be kept separate as bringing labour issues into the World Trade Organisation would mean imposing trade sanctions to issues such as child labour.

The preamble of the ILO provides for universal support and acknowledgement in promoting fundamental rights at work and also for their universal application. The principle of 'freedom of association' has been expressly stated in the Constitution, but the principle of 'equal work for equal pay' is only interpretative in nature. There isn't any express mentioned about equal work for equal pay in the Constitution. In a nutshell, the Constitution speaks for social justice, issues relating to the regulation of the hours of work, regulation of labour supply, prevention of unemployment, protection of workers against sickness or injury, living wages, protection of children and women, provision for old age, protection of workers interests in countries other than their own and other measures. In contrast to this, the 1998 Declaration relatively promised less number of commitments. It did not provide for workplace safety, limits on work hours, freedom from workplace abuse, neither minimum, nor fair or living wage.

Although the labour organization's monitoring and supervising standards have gained international acknowledgement, countries such as U.K. and U.S. have criticized the system for lacking proper follow-up mechanism. In this regard the Organization claimed that follow-up being not mandatory is more of a strictly promotional nature providing a global picture of the state of implementation of each category of fundamental principles and rights. Such a defence cannot be easily accepted. Hence creating a proper follow-up mechanism remains a target to be achieved in the near future as that would mean a positive contribution towards the expansion of future international labour rights regime.

Getting the Compensation for Unpaid Earnings

They can also help to set the standards high so other employers won't be tempted to take advantage of their employees in the future. Don't be nervous to speak up because they can't fire you for filing such a claim. There is a very good chance many other people working there also need to talk to the unpaid overtime lawyer about their own situation. If they are doing it to one person, they are likely doing it to many.

Supply Information

It is important to document as much as you can when it comes to this type of case. The unpaid overtime lawyer is going to have to prove you worked those hours and you weren't paid. This tends to be easier to do than other cases because there should be a clock in/clock out system at the job. In other scenarios, logins and logoffs from computers can give that information too.

Any agreement about your work pay and other stipulations should be on file in the human resources office. Your unpaid overtime lawyer can ask those documents at any time. This is important information for them to read through. It can verify if you are an hourly employee or on salary. If you are on salary, you can't file a claim against them for unpaid overtime hours.

With a salary, you agree you will get a set amount of pay for the work you do. It isn't contingent upon the hours you work. The way in which your work agreement is written can influence the laws and how they apply.

Settlement Request

Once the information has been evaluated by the unpaid overtime lawyer, and they feel there is a basis to file a claim, they will do so. They can come up with a dollar amount of money they feel is owed to you that was earned but not paid. This will be part of the settlement ask. If the company agrees to pay it, then the case can move forward quickly and be completed.

They should also agree to make changes to the way they pay for overtime in the future. This will prevent the problem from occurring again. If it seems they were negligent and not fraudulent, they may be able to avoid all legal consequences of the outcome too other than repaying you.

If they refuse to pay the settlement, be ready to go to court against them. If the company has been intentionally not paying the overtime, they may face legal ramifications including a fine and an audit.

Consultation

The initial consultation with a unpaid overtime lawyer is usually going to be completed at no charge. If they agree you have a good case to pursue, they can discuss the specifics with you. They may be willing to do the work with no money up front. The stipulation with this will be once there is a settlement made, they will keep a percentage of that money.

This is a great way for you to get the legal representation you need without worrying about where the money to pay them is going to come from. With this type of agreement, if you don't win the case, you still don't owe anything to the attorney. They are going to fight to get you a winning outcome to see justice done and so they can get paid!

Legal Issues For Medical Staffing Agencies

Medical staffing agencies basic premise is to find qualified staff and link them to hospitals. Dealing with what hospitals need and want often places staffing company's in a position that can lead to having issues with human resource and legal issues. Be aware of the laws that exist and how those laws affect your particular State and how those laws are administered by local and state regulatory bodies within your specific niche. You must adhere to such things as what benefits are being given, how you classify your staff and what taxes must be paid.

Classify Your Staff Correctly

It is a common practice in the field of staffing to classify employees as independent contractors. One main reason for this is due to the many requirements set forth by different states, those requirements often places staffing agencies at a financial disadvantage having to pay workers more and having to be responsible for taxes owed to States based on how your employees are classified. The Government is also aware that this classification is a "Red Flag" for them, especially being that self-employed staff according to the Government are less likely to report.

Follow the lawIt may be tempting to classify your staff as exempt therefore not having to pay them overtime. This may be a direct violation of the Fair Labor Standards Act. Therefore, correctly classifying your staff and paying them for the overtime they work is a critical part of following the labor laws.

Do Not Discriminate

You agency is not exempt from having to follow the different regulations and laws that deal directly with who you hire and how you hire them, It is no different than any other business. Just like any other business, you cannot discriminate based on gender, age or race. Other regulations you must comply with are the Americans with Disability Act (ADA). Further, looking at other possible regulatory bodies to look at is OSHA standards related to the job. Your agency and the staff you hire can be eligible for unemployment compensation and you must comply with these laws as a staffing agency.

Your agency really must look at all aspects of what is being offered, what documents are being signed, how to deal with disciplining staff and how to fire staff. You need to make sure your contracts are analyzed and protect you and your business in the event you are sued. Do not ignore the need to cover your basis when starting or growing your business. You may already have a business, but the legal aspects of running an agency cannot be ignored and must be dealt with and updated continually.

Violation of employment laws can be daunting if not correctly dealt with agreements, hours worked and proper payment. Your staff is the lifeblood of your organization, treating them equally and equitable is the right thing to do, but also protecting your business from legal issues is your responsibility. Always consult an attorney for any legal issues related to employment law.

Don't Let Unforeseen Issues Ruin Your Business

They can help you to find any loopholes or problems you may not think about. It can be hard to guess what may unfold with one of your employees, customers, or even a venture you work with. Perhaps there are issues on the horizon with a business partner. You need to be on your toes and a business law attorney can help you to be ready for anything.

They should look through all of your documents to make sure they are legitimate and there aren't any concerns. They may ask you to make additions to certain documents before you and the other parties involved sign them. This is all to offer you an added layer of protection. They have been around long enough to know when something slips through the cracks it means trouble!

Evaluate your Needs

It is important to forge a solid relationship with a business law attorney. They can be in your corner from the time you start until your business ends. They can make sure you have the right insurance coverage and other elements in place. They are experts in these areas and they can find anything that is shifting and changing so your information isn't outdated.

You can count on them when you have a legal question or any type of issue arises. You will feel confident you can trust your business law attorney to help you decide on the best possible solution to get a desired outcome. Such issues can be complex and they can take plenty of time to resolve. You can't put your entire business on hold to look into them so get available help.

You need to be able to continue moving your business forward. Yet behind the scenes your business law attorney can help you to check choices and make the best possible decisions. If you aren't working with one yet, you need to get busy finding an outstanding one you can trust. Otherwise, you may be in for a shock when a legal issue does arise. It can be expensive too!

You may be very vulnerable both personally and from a business point of view. The last thing you want is to lose your business, your home, and all you have worked so hard for because you didn't have the right elements in place to offer plenty of protection. Now is the time to get it all in place if you don't already.

Make the Connection

The business law attorney you work with needs to be able to help you with everything you need. They should be an expert in all areas of business law and they should be able to explain information and how it applies to your specific business. They should make time to answer your questions and help guide you with new information so you make excellent choices.

They should check the coverage you have in place and make sure your personal assets are separated from your business liabilities. Take your time to find a great provider with wonderful things being said about them. You want a seasoned professional who is passionate, who continues to learn and takes the time for their clients to make sure they get the help they need.

Getting Legal Representation When You Aren't Getting Paid for Your Work

They can go over the situation with you and let you know if you have a case. If you do, they can share with you the options available. They are going to review the state and federal overtime laws that pertain to your situation. That is what they will use as a basis to get you the money that is owed. It can take time to get results, but you do need someone with plenty of experience.

Keep your Job

Some people worry if they speak up and get an unpaid overtime lawyer they will lose your job. The laws will protect you though and you can't be fired for whistleblowers on an issue that they are illegally taking part in. Your employer may be willing to accept the information the lawyer sends to them and pay you the money that is owed.

If they refuse to do so, then the case will need to be filled in a court of law. This is considered to be a civil case by many. However, if your unpaid overtime lawyer can prove laws are being broken then it may be a criminal case as well. They will invest time to find out what amount you should be compensated and how to bet handle it to get a desired outcome.

Gathering Information

Keep as much documentation hey will also use that information to verify it was an ongoing issue and not just one time.as you possibly can about the hours you have worked and not been compensated for. This is going to aid your unpaid overtime lawyer with getting the case ready to go. They will need to give plenty of evidence and have a monetary figure ready to give. TIf you have had meetings with your boss, human resources, and other areas of the business to discuss this compensation, share those details too. Document who you spoke to, when you talked to them, and the outcome. Such information further helps your case as it shows the company was aware of the laws being broken but they chose to ignore it.

Multiple Employee Cases

You may not be the only one looking for an unpaid overtime lawyer. There could be several people that work at the same company you do going through the situation. There is strength in numbers. You may be able to create a claim that includes several employees at once versus them instead of just you taking them on.

Find a qualified unpaid overtime lawyer willing to dig deep and to take on any business for their unfair treatment of you and other employees. They should be patient, compassionate, and working hard to get you results. Many of them won't charge you for the representation unless they get money for you. When that is the agreement, they will keep a percentage of what you get.

This is a great opportunity for you to get the best legal help when you don't have money up front to pay for it out of pocket. At the same time, it will encourage them to give the case plenty of attention. They realize they will only make money if they get results for you!

Federal Public Service Commission

The Federal Public Services Commission (FPSC) is an agency of Government of Pakistan which is responsible for recruiting civil servants along with bureaucrats in the Government of Pakistan. The agency was set up for the first time in British colonial rule in 1926. The commission was established in Pakistan after independence in 1947 under the provision of Government of Pakistan Act.

Presently, the commission is functioning under the article 242 of the constitution of the Islamic Republic of Pakistan. The commission has been given both administrative and financial anatomy so as to perform its functions independently.

1. COMPOSITION AND CONDITION OF SERVICE

According to Regulations, 1978, the president ought to make the following regulations in accordance to powers conferred by sub section (2) of section 3 of the FPSC Ordinance, 1977 (XLV of 1977).

a) Preliminary

Short title: - The regulation may be called the Federal Public Service Commission.

Definitions: - here, 'Commission' refers to the FPSC. 'Member' refers to any partaker of the commission.

b) Members

The commission is composed of a chairman and not more than eleven members. Any increase of member is solely done by the president. All members of the commission are paid as an admissible government servant. Keep in mind that serving government servant is promoted to a higher grade after his appointment. After retirement, he or she is awarded a retirement program. The members are awarded allowances such as senior post allowance, entertainment allowance, local compensatory allowance, conveyance allowance among others. In addition, the workers are allowed leaves in accordance with the act of government servants of the corresponding grade. It is worth noting that no member is attached any pension.

2. OVERVIEW

The term of the office of the members is as follows: -A member of the commission is allowed to hold office for a fixed term from the date which enters to the time fixed and shall not be eligible for re-appointment

A member may resign his office by writing. It ought to be addressed to the president.

3. PROTECTION OF SERVICE OF THE COMMISSION

The Commission may work without the interference of the Government or any other pressure, as Member of the Commission cannot be removed from his office without the advice of the Supreme Judicial Council of Pakistan, which consists of;

i) Chief Justice of Pakistan

ii) Two next most senior Judges of the Supreme Court of Pakistan

iii) Two senior most Chief Justice of High court, (Section 6 of FPSC Ordinance, 1977 & article 209 of the Constitution).

Social Media In Pre-Employment Screening: When Did Personal Judgemental Prejudices Replace Validity?

It is clearly evident that social media is woven into our everyday lives and technology enables immediacy in terms of sharing personal information on line. Our everyday social activities are in the public arena, warts and all, and consequently open to scrutiny. However, how pervasive is this scrutiny in organisational recruitment? Legislation is in place to guard against discriminatory practices, however, it is perhaps inevitable that recruiters would be tempted to examine the digital lives being led by potential recruits to their organisations. It is an easy opportunity to attempt to get an insight into the character of the individual who has applied for a post; an attempt at enhancing cultural fit decision-making. However, this approach can be highly problematic. From a Business Psychology perspective it can be argued that recruitment is about 'accounting for performance,' that is when we measure potential performance, either via interview, psychometrics or live observational centres we are accounting for how any given individual will perform in a role. We may account for 17% at interview through to 65% with assessment centres. Whatever strategy is used there is always the possibility that the baby will be thrown out with the bath water. If we have hiring errors of judgement that is based on valid decision-making strategies, what do organisations hope to achieve by trawling through an individuals personal on-line space as a last bastion of feed into appointment? This divisive, prejudicial practice is not only ill thought out at best, it is irrelevant in terms of performance predictive validity. It makes hiring organisations the custodians of everyday life comment and behaviour, with the almost Orwellian self appointed authority to make value judgements on what is right and what is wrong.

First, lets examine the psychology of posting on-line. Research suggests that personality is an important factor to consider when investigating the causes and consequences of people's engagement with social media. Further, the images we present in the virtual world may not necessarily reflect who we are in real life. Do you take selfies? Dr Terri Apter, psychology lecturer at Cambridge University, says taking selfies is all about people trying to figure out who they are and project this to other people. "It's a kind of self-definition," says Dr Apter. "We all like the idea of being sort of in control of our image and getting attention, being noticed, being part of the culture."People want to control the image projected and this image will vary with context, just as in real life. We all have distinct friend, family and work personas. If we examine older adults, their profiles will often feature their wives and children. The profiles of university students feature what they believe is the most interesting part of their lives, and this will vary enormously. Pictures of drinking and partying are interesting to certain peer groups. They can provide cues on what to wear, where to go, and how to act, young adults look to their peers to see what are the best parties and activities, which are illustrated on Facebook/MySpace. I personally don't have a single picture posted of myself in the library. Other postings may also serve to communicate the importance of particular relationships because these bonds may provide security regarding an individuals self worth.

Social media lends all users a "public" persona, and when users try to present themselves in a way that matches how they want to be seen, this creates potential problems. Part of the problem is that the norms of one community aren't the norms of another. So when we produce an 'out of work persona' that aligns to the cultural nuances of any given external group, and this represents a difference in terms of how we behave in the workplace, this can lead to clashes on social media, that is then interpreted by others.

It is likely that the most common Facebook regrets revolve around sensitive topics like alcohol, sex, politics, religion or "emotional content." Often, the sources of these regrets are unintended consequences or unintended audiences. And, such postings are the ones most likely to be utilised when assessing an individual's suitability for a job post. Uninhibited behaviour on-line is a gift for certain personalities in organisations. Nevertheless, it is one thing wanting to know a little more about the views, motivations and lifestyles of job seekers; it is another thing to take a prejudicial leap of faith regarding that individual's cultural fit and performance potential. This is further compounded when delegated to a third party to undertake such activity, where there is high potential for identity mistakes to be made. And, even wider judgemental bias can occur through delegated authority.

As a Principal Business Psychologist I often evaluate the validity of recruitment measures in order to determine the extent to which selection tools can predict job performance. Measures have different types of validity that capture different qualities. There are three major types of validity: content validity, construct validity, and criterion validity.

Content validity refers to how comprehensively the measure assesses the underlying construct that it claims to assess. Construct validity refers to whether the measure accurately assesses the underlying construct that it claims to assess. Criterion validity examines how well the construct correlates with one's behaviour in the real world across multiple situations and manifestations. For instance, does the measure adequately capture the construct (e.g., innovation) as it presents in real life (e.g., time management, planning and organising, leadership, etc.)?

The reliability of a measure refers to whether the measure gets repeatable results. Will the recruitment and selection processes that a company uses work every time they need to hire someone, or just once? If their processes get good results every time, those measures can be said to be reliable.

On the basis of the above, I have to ask about the validity and reliability of social media screening. What construct does it purport to investigate, how well does it measure that construct, how well do any conclusions drawn correlate with required behaviour, and finally how consistent are the results?

The fact remains that screening must be done with caution, so that recruiting managers do not inadvertently act in manner that could be considered discriminatory, or unfair in other ways.

In common with other paperwork associated with the recruitment process, any personal data gathered during the recruitment/screening process should be handled and retained in accordance with any policy guidance on record keeping.Organisations need to guarantee that:   

the same restrictions apply to online checks as they do to all other aspects of the recruitment process;   

personal data should only be accessed if it is relevant to suitability for the role;   

only the absolutely necessary personal information that is relevant to the job should be collected;   

social media searches should not be used as a personal fishing exercise;   

reasonable steps should be taken to ensure the accuracy of any personal details accessed online;   

a distinction should be drawn between the use of social media for mainly private purposes and for mainly professional purposes, i.e. viewing LinkedIn is acceptable, viewing Facebook is not;   

information that is in the public domain regarding someone's professional profile can be used;   

before online searches are conducted, applicants should be advised that information about them might be gathered in this way;   

applicants should be given an opportunity to respond to any adverse findings from online searches, where they may be considered in the decision-making process.

Only then can job applicants be reassured that it is their skill, motivational and personality drivers that are being evaluated, not their life choices. The latter has no place in legitimate, fair and open hiring decisions.

Our portfolio of assessment and development business simulation events are based on behaviours not competencies. We believe in focusing on the 'observable outputs' of performance.

Our behavioural strategy moves away from static definitions of performance to concentrate on performance that is tangible, observable and sustainable.

Our driving force is to build on behaviours that are flexible and adaptive, ensuring that talent management is inclusive and responsive to rapid change and uncertainty.

When using our portfolio of business simulation events you can directly observe, record, classify and evaluate behaviour. These performance metrics will enable your managers to have pragmatic dialogue around performance, improving both team fit and cultural alignment.

By using our events portfolio you can create a common currency and language for talent. This fosters the integration of your people strategy, creating a developmental legacy you can own.

All events and exercises are self-contained, i.e. they contain all of the administrative and scoring materials you need to manage an assessment/development business simulation without the need for external consultancy.

Our materials are powerful, accessible and easy to use.

More importantly, if they don't fit your business culture or corporate standards 'exactly' you can edit them!

Public Pension Plans Struggle to Meet Funding Obligations

Low interest rates are one of several factors contributing to higher levels of unfunded pension liabilities at state and county pension plans across the country.

The California Public Employees' Retirement System (CalPERS), the largest U.S. public pension plan with 1.8 million total members covered by 3,000 employers, reported a 0.6 percent net return on investments for the 12-month period that ended June 30, 2016.

The California State Teachers Retirement system (CalSTRS), which manages retirement funds for California's 896,000 public school educators from 1,700 school districts, reported a 1.4 percent net return for the 2015-16 fiscal year ending on June 30, 2016.

Both California funds have a target annual return of 7.5 percent. CalPERS and CalSTRS had $62 billion and $74 billion in unfunded liabilities, respectively, as of the 2013 fiscal year, according to the Public Policy Institute of California. CalSTRS now states that it is on track to achieve full funding by the year 2046.

The New York State and Local Retirement System reported an average rate of return of 0.2 percent for the fiscal year on March 31, 2016, compared to its stated goal of 7 percent.

The Oregon Public Employee Retirement System (PERS) reported a 2 percent investment return in 2015, compared to its goal of 7.75 percent, resulting in an increased liability of $3 billion.

A 7.7 percent average rate of return is now the target set by most state and county pension funds across the country, according to a 2015 report by the National Association of State Retirement Administrators. The Center for Retirement Research at Boston College estimates that every 1 percent decrease in investment returns results in a 12 percent increase in liabilities.

The inability of state and municipal pension plans to properly fund current liabilities at the same time that rates of return are falling is causing significant underfunding. The situation is putting pressure on public pension managers and elected officials across the country.

New public pension accounting standards are also bringing more attention to underfunded municipal liabilities. The Government Accounting Standards Board issued GASB Statement No. 67, Financial Reporting for Pension Plans, and No. 68, Accounting and Financial Reporting for Pensions in recent years. The new reporting standards for government-administered pension plans took effect for reporting periods after June 15, 2013 under Statement No. 67, while new employer reporting standards followed one year later under Statement No. 68.

The Pew Charitable Trust reports that as of 2013, states owed almost $1 trillion in unfunded pension benefits as well as $587 billion in unfunded retiree health care liabilities. Looked at another way, Wilshire Consulting estimates that state pension obligations are only 75 percent funded as of 2013, despite that fact that most states strive to maintain an 80 percent funding level.

The State of Illinois alone has $101 billion in unfunded pension liabilities and $56.4 billion in unfunded retiree health care benefits, according to The Pew Charitable Trust. Illinois is listed by the Trust as having the third highest level of debt and unfunded retirement costs as a share of state personal income (after Alaska and Hawaii) as of 2013. In June 2016 Moody's Investors Service downgraded the credit rating of some of the state's general obligation bonds to Baa2, down from Baa1, which is two units away from junk bond status.

The City of Chicago is struggling with its own pension challenges. The City's Municipal Employees' Annuity and Benefit Fund, which covers 70,000 workers, reported that unfunded pension liabilities more than doubled to $18.6 billion at the end of 2015 from $7.1 billion a year earlier. Moody's reduced the city's credit rating to junk bond status in 2015.

Municipalities are responding with a wide range of measures to increase pension funding, reduce benefits, and cut expenses. Representative actions include the following.   

Chicago implemented a property tax hike in 2015 to better fund the police and fire retirement funds. The mayor also seeks an increase in water and sewer levies as a means to support municipal retirement benefits.   

Pennsylvania officials are evaluating a range of pension plan changes, including the possible adoption of less expensive 401(k)-style plans.   

Connecticut now devotes 10% of its budget toward unfunded pension liabilities, which doubled in the past decade.   

Oregon plans to increase pension funding rates, which is likely to translate into expense reductions such as teacher lay-offs, larger class sizes, and public safety cuts.   

Detroit's municipal bankruptcy was settled, in part, with pension cuts of 4.5 percent approved by certain retirees. Benefit reductions were also seen in the areas of cost-of-living adjustments and health care costs.

Pension Funding Litigation a Certainty

As states and municipalities struggle to fund pension obligations in a low interest rate environment, court battles in New Jersey, Illinois, California and Michigan may serve as precedent for similar challenges likely to unfold across the country.

Raising a Grievance: Six Steps to Raise a Grievance at Work

It is unfortunate, but events may happen during the course of your employment that you are not happy about. Some of these events will be minor and, while irritating, are not something worth making a fuss over. Others, however, may be more serious and it is important to know what to do in these situations.

In some situations, all that will be necessary will be an informal chat with your supervisor or boss. But in others more formal action may be required, such as raising a grievance.

Definition: A grievance is a concern, problem or complaint that an employee will raise with their employer.

All procedures relating to grievance situations should be:   

Fair and transparent   

Set down in writing, in specific and clear language.   

Rules and procedures should be explained;

This article will explore the six steps in raising a grievance at work.   

Let your employer know   

Raise a formal grievance   

Your employer will investigate your grievance   

Grievance meeting should   

Employer's decision   

Appeal

Each company will have its own Grievance Procedure. You can find it in the Office Manual or the Terms of Business or your contract. If you cannot locate the procedure, then you should ask your HR department, or your supervisor or the office administrator, as they should be able to guide you to it.

In light of each company having its own procedure the information below is generalized.

Step One: Letting your Employer Know

It will not be possible to resolve a situation if you do not tell your employer about it. You will need to make them aware. It is advisable to do this informally at first, as it gives you and your employer the opportunity to resolve the issue quickly.

Step Two: Raise a Formal Grievance

If step one cannot be done, or has failed for any reason then you should raise a formal grievance. This should be done without unreasonable delay and in writing. Your written grievance should set out, what has happened, how/why it has upset you, and what you feel should be done to resolve the issue.

Step Three: Investigation

Your employer then has the opportunity to investigate your grievance. A formal investigation can involve meetings with staff and witnesses and/or the accumulation of documentary evidence. Your employer must fully investigate your grievance in order to make an informed decision about the matter.

Step Four: Grievance Meeting

A meeting should then be held with you (you are allowed, by law, to be accompanied if you wish) and your employer, to discuss your grievance and the evidence and/or statements your employer has gathered. This meeting should be held promptly, without unreasonable delay.

You should use this meeting as an opportunity to explain the grievance in as much detail as possible and how you think the situation can be resolved.

Step Five: Your Employers Decision

Once the meeting has concluded your employer will take the time to decide what action can or should be taken, if any. Keep in mind it is entirely feasible that your employer may uphold your grievance but state that there is nothing which can be done to resolve the situation. This decision will be confirmed to you in writing, this letter should also contain details about appealing the decision, including the time limits you must act within.

Step Six: Appeal

If you are not happy with the decision you may have the right to Appeal.

You can only Appeal the decision if you feel certain evidence was not looked at properly or misunderstood. You cannot Appeal just because you are not happy with the decision, you must have a solid reason for thinking your employer made the wrong decision.

In conclusion, if a situation arises at work it is always best to attempt to resolve the issue informally first. But, if this is not possible or unsuccessful then you should raise a formal grievance. Your employer will then formally investigate your grievance. After the investigation is complete a meeting will be held to discuss your grievance and a decision will be made as to whether or not your grievance is upheld and what action can result from the decision. If you believe that the wrong decision was made because the evidence was not properly evaluated at you can Appeal the decision.

The Top Five Questions About Overtime

Chances are if you're working you will have been asked by your employer to work overtime. A lot of us can do overtime without knowing the laws behind it, but we may still have questions. This article will address five of the most common questions about working overtime in the UK.

1. What is overtime?

2. Is overtime legal?

3. Does it always have to be paid?

4. What is unpaid overtime?

5. Can you be made to do overtime?

What is overtime?

Overtime is the time you work over and above your contracted hours. For example, if you are contracted to work 9am to 5pm Monday to Friday (40 hours) and you stay late to cover for someone who hasn't arrived for their shift or to get a project finished, this extra time working is classed as overtime.

Is overtime legal?

Yes, overtime is legal and a lot of us do it.

However, there are rules regarding how much overtime you can do. Legally, you should not work more than 48 hours in a week. If your overtime means you are working more than 48 hours a week then it could be illegal. There is a way around this, a written agreement signed by both the employer and employee; if you and your employer sign an agreement saying you are happy to work over 48 hours a week then this is legal.

Does it always have to be paid?

Maybe.

Each employer has their own policy regarding pay for overtime; you should check your contract or your employer's terms of business to find out yours.

What is unpaid overtime?

Unpaid overtime is the overtime that you work but do not get paid for. You are effectively working for free when you do unpaid overtime.

Unpaid overtime is perfectly legal as long as your average pay for the total hours you work does not fall below the national minimum wage (£7.20 in the UK). If you end up doing so many hours that your average wage drops below £7.20per hour then the amount of overtime you are doing becomes illegal.

Example: If you work 40 hours a week and earn £328.00 each week your hourly rate works out at £8.20 per hour.


This means you can work 45.5 hours per week legally and 5.5 of those can be unpaid overtime.

If you worked 46 or more hours per week and still only made £328.00 per week then you would be doing an illegal amount of overtime as you would be earning £7.13 per hour, or less depending on the amount of overtime you worked.

Can you be made to do overtime?

You can be asked to do overtime, paid or unpaid.

You should refer to your contract if you are unsure what your employer can or cannot 'make' you do. Each employer has different policies and you may have already agreed, by signing the contract, to do overtime if asked. In that situation, refusing to do so could be seen as a breach of contract or misconduct.

However, if your contract is silent on overtime and you are asked to do some and refuse, you should not be sacked, especially if what is being asked is unreasonable. However, you can be noted as being uncooperative by your employer, which could work against you if a redundancy situation arises.

It is important to find the right balance of being a good, helpful employee and not having your employer take advantage of you.

In conclusion, you should now have a clearer understanding of what overtime is and what is legal and illegal regarding the amount you can work.

ERISA Plan Sponsors Are Advised of Increased Penalties

Employers who sponsor pension and benefit plans governed by the Employee Retirement Income Security Act (ERISA) will soon be subject to an increase in penalty fees for certain reporting violations.

The Department of Labor (DOL) in late June issued an interim final rule that identifies inflation-adjusted penalties for a range of reporting and filing violations. This article focuses on penalties enforced by the Employee Benefits Security Administration (EBSA), an agency within the Department of Labor that administers the fiduciary, reporting and disclosure provisions of Title I of the Employee Retirement Income Security Act of 1974 (ERISA).

ERISA Violations Subject to Penalty

Listed below are a few of the reporting failures identified that will trigger increased penalty provisions, as included in the interim rules.   

Failure to furnish reports, including pension benefit statements, to certain former participants and beneficiaries. The current penalty of $11 per employee will increase to $28 per employee.   

Failure or refusal to file Form 5500 annual report. The current penalty of up to $1,100 per day will increase to a maximum of $2,063 per day.   

Failure to notify participants under ERISA §101(j) of certain benefit restrictions and/or limitations arising under Internal Revenue Code § 436. The current penalty of up to $1,000 per day will increase to a maximum of $1,632 per day.

Monetary Penalties for Multiemployer Plans

Several of the increased penalty levels will apply specifically to multiemployer plans, with several examples indicated below.   

Failure of a multiemployer plan to certify endangered or critical status. The current penalty of up to $1,100 per day will increase to a maximum of $2,063 per day.   

Failure to furnish certain multiemployer plan financial and actuarial reports upon request. The current penalty of up to $1,000 per day will increase to a maximum of $1,632 per day.   

Failure by a plan sponsor of a multiemployer plan in endangered status to adopt a funding improvement plan or a multiemployer plan in critical status to adopt a rehabilitation plan. The current penalty of up to $1,100 per day will increase to a maximum of $1,296 per day.

As we have written about in the past, there are approximately 1,400 active multiemployer benefit pension plans in the country. Collectively bargained and maintained by more than one employer in a related industry and a labor union, these multiemployer plans cover about 10 million participants. Employees in these plans traditionally work in industries such as building and construction; film, television and theater; retail food; garment manufacturing; mining; trucking; and maritime.

Background on the DOL Increases in Civil Monetary Penalties

The increased monetary penalties take effect in August. The new penalty schedule will apply to violations that occurred after November 2 of last year and were assessed after the beginning of August of this year.

Additional future increases are expected. The DOL will increase monetary penalties by mid-January on an annual basis, beginning in 2017. Future increases will not require advance notice or further rulemaking.

The DOL actions are in response to 2015 amendments to the Federal Civil Monetary Penalties Inflation Adjustment Act, which required federal agencies to issue an interim rule by July of this year.

The Employee Benefits Security Administration, which oversees ERISA, is only one of several Department of Labor divisions affected by this interim ruling. Other DOL agencies include:   

Employment and Training Administration   

Mine Safety and Health Administration   

Occupational Safety and Health Administration   

Wage and Hour Division   

Workers Compensation Programs OfficeFull details about the changes in civil monetary penalties are available at the website for the DOL and the EBSA.

Proof of Employment Discrimination

Proof of General Bad Conduct is Not Enough

Employment law seeks to define how people at work relate to one another. While there are laws of economics, and yes, even some economic laws, such as securities laws and antitrust laws, generally, the work of law is not micro but macro. Employment law focuses on what society has decided is most important, the macro-issues. It leaves untouched the micro-issues of how the business is run. But when an employer crosses the line by discriminating or harassing, the right to run a business anyway you want ends.

The macro-issues of employment law are discrimination, whistleblower protection, safe working conditions, workers' compensation, and pay protections. About everything else an employer may do is mostly up to the employer. Whether you agree politically or not, the California Labor Code defines as the staring point of employment to be the right of either party to end the employment at will. Courts have historically defined this "at will" right to be one of arbitrary prerogative to quit or to fire. But that "hands off" judicial policy is limited to the micro-issues. When it comes to discrimination, whistleblower retaliation, failure to pay wages when and as due, failure to provide safe working conditions, or other listed statutory protections, the courts say basically: "at will" rule has no application.

Proof of Motive - Tough But Possible

The "why" of the employer's decision to terminate an employee is like a gun that is never seen in the firing, only in the smell of smoke afterwards. Like all cases where the suspect is questioned, motive becomes central. The employer always, I repeat, always, has an alibi. The employee either a) just didn't measure up; or b) was a terrible employee; or c) was a good employee, but we had to let her go as part of a lay-off.

There are two kinds of evidence to prove an employee was unfit for the job: objective and subjective. The objective evidence is more reliable generally, for example, dismal sales. But subjective factors can be persuasive if the testimony is overwhelming and credible that no one could stand the employee. Almost as surely as the alibi, an employer will round up a herd of fearful current employees to repeat the party line: I found it very difficult to work with the Plaintiff.

Does this mean that only nice people should win lawsuits? Sometimes a difficult employee is also a pregnant woman fired because she will be needing time off for her pregnancy. Sometimes a negative employee with an attitude is an African-American fired because she is African-American. Sometimes the employee who entered the wrong data on a bid proposal is 62 year-old employee is fired because a young boss perceives him as too old for the job. The point is that human motivation is a cocktail of emotions. How does a jury separate out bad management from illegal management?

The situation is reminiscent of the 2016 presidential election. It seems, according to political pundits, that the public viewed both candidates in an unfavorable light. But what if a voter saw the two candidates with equal disfavor, but decided candidate Clinton was less qualified because a woman? There are two considerations here:

a) the voter is likely unwilling to see, admit or accept his gender bias, and

b) the unconscious bias actually made a difference. That is, the voter's bias was a "substantial motivating factor" in why he cast his vote for Trump. If there were 12 Trump supporters on the jury to decide the case for gender bias, they would, if following the law, have to find in favor of Clinton.

There are no perfect employers. There are no perfect employees. A jury deciding a case of discrimination or whistleblower retaliation, or perhaps a case of defamation or harassment will find more gray hats than white or black hats."Substantial Motivating Factor" -- A Term of Art Simplified

What then is the Plaintiff's burden of proof in a discrimination case? You'll be surprised to hear that a) motive is a critical element of proof and that b) smoke will suffice. No one expects to see the gun fired. They may not even see the gun. But they are entitled to smell the gunpowder on the manager's sleeve, even as he comes up with numerous alibis.

In Employment Law, the Plaintiff's task is to prove that the "substantial motivating factor" of the decision to fire an employee was the illegal reason. That means there may be multiple concurrent reasons. But the fuel additive placed in the manager's tank was an illegal purpose. That mixed fuel make the termination engine run.

Follow this formula [because it is the law]:   

The Plaintiff is in a "protected category," for example over 40, or disabled, or a minority'   

The Plaintiff was qualified for the job, and as skilled for the work as those surviving.   

The Plaintiff was doing a reasonably good job, surely not perfect, but good enough;   

There was work to be done;   

The Plaintiff was fired.    Someone not in the same "protected category" takes over the job, replacing the Plaintiff, or being the benefactor of some or all her re-assigned duties;

According to employment law, if the Plaintiff stops here in the proof, and the Defendant has fallen asleep during the trial, the Plaintiff wins. But the Defendant doesn't fall asleep. The Defendant has alibis, and wants you to hear them. Stated differently, the Defendant wants to put the Plaintiff to the ultimate burden of proving that discrimination was the cause of the termination.

So now the documents and witnesses are paraded before the jury to show the Plaintiff was a) a scoundrel;
b) an incompetent bum;
c) a nice guy with few skills or no motivation; or
d) a great guy who had to be laid off anyway. Remember, no employee is perfect. There will be documents and witnesses. Know too, a lay-off is an excellent smoke screen for hiding an illegal discrimination. We all know the stories of how older workers disproportionately bear the brunt of a downsizing.

At this point the burden of proof shifts back to the employee. It goes something like this: those reasons just given by the employer for my termination are not the true reasons. Here is evidence of a) how skewed and distorted the reasons are, and b) how others not in my "protected category" did no better than I, but are still working there. In the parlance of law, this is called proof of pretext, and if it is successful, the burden shifts back to the employer to reinforce the "dirt" on the employee. So it goes, back and forth, until the jury is instructed to reach a verdict. Notice that no where in this shifting burden of proof is the Plaintiff required to present direct evidence of an illegal motive. Smoke will suffice if the employee succeeds in proving the employer's stated reasons for termination are not credible. Think of this pretext proof like this: yes, the employer had these other reasons, but these reasons were like fuel that wouldn't ignite a decision. The catalyst was that the Plaintiff too old.

Proof of Discrimination: Conclusions

Bias is unconscious and illegal. Give that a moment of thought. We are tagging an employer with liability for an unconscious mental or emotional process. Give this secondary conclusion still another moment of thought. We're placing a burden of proof on the employee to show that this unconscious process motivated a decision to terminate his or her employment. But it can be done if the jury understands that the burden of proof is not absolute assurance. A jury must be instructed by the court to understand that a juror can have less than full certainty. The jury is instructed to find only that the most probable explanation for the firing was illegal bias. We know real people in real work situations don't go about bragging about bias. We will never hear that kind of testimony in court. The best an employee can present is indirect evidence, and the burden of proof is only to show that it is more probable than not [51% likely] that illegal bias caused the termination.

Personnel File Inspection

Why You May Want to Inspect Your Personnel File.

You may want to inspect your personnel file for multiple reasons. An employee wants to know that important records are included. Perhaps inaccurate information needs to be tagged, removed, or make subject to rebuttal. California has enacted Labor Code Section 1198.5 as a set of protections and procedures for personnel file inspection. This article lists the key parts of the law in simplified terms. Managers will sometimes place career damaging "poison pills" in a personnel file without giving any indication of dissatisfaction with employee performance. Your personnel file will be the basis for future decisions regarding pay, promotions, reassignments and transfer, and possibly layoff or termination. You may want to inspect your file in preparation for an upcoming meeting with management or to assess the fairness and truth of a performance evaluation.

Personnel File Checklist of Rights   

California employees have two personnel file rights: to request inspection and to receive a copy of records.   

A personnel record is a record that relates to performance and to an employee grievance. Personnel records by definition of the law do not include:

(a) Records relating to the investigation of a possible criminal offense;

(b) Letters of reference;

(c) Ratings, reports, or records that were obtained prior to the employee's employment or by identifiable examination committee members

(f) Obtained in connection with a promotional examination.    Inspection is to be at reasonable intervals and times.   

Inspection is to be no later than 30 calendar days from date employer receives a WRITTEN request.   

The employer and employee can extend the compliance date, but only by WRITTEN agreement and for no longer than 35 calendar days from the date of employer's actual receipt of the written request for inspection.    If there is a written request for copies, the employer is to provide copies of the personnel records to the employee [or his representative].   

The employer may charge the employee the actual costs of reproduction of the records.   

The employer and employee [or his representative] may agree, as in the inspection time limit, to extend the time for reproduction and delivery of records to a date not to exceed 35 days from the date the employer receives the request for copies.   

If the employee is currently employed, the employer is not required to make the records available during the employee's performance of duties. [ My firms argues "performance of duties" does not mean uncompensated time. An inspection of personnel records is also for the benefit of the employer because all employers have an interest in true, accurate and complete records. Further, the employee is still controlled by the employer while conducting the inspection.]   

The request for records is to be writing, and may be on a form provided by the employer. The form may be verbally requested from the employee's supervisor or other person known to the employee to be designated to receive the verbal "form" request.   

If the employee or his representative makes a verbal request for the written personnel file form, the employer must provide the "request form" at that time.   

Alternatively, if the employee or his representative elects, he or she can simply write out the employee's request for the personnel file without the use of the employer-provided form.   

The employer must maintain a copy of each employee's personnel records for a period of not less than three years after termination of employment.   

As to current employees, the employer must make a current employee's personnel records available for inspection, and, if requested by the employee or his or her representative, provide a copy of the records at the place where the employee reports to work, or at another location agreeable to the employer and the requester. If the employee is required to inspect or receive a copy at a location other than the place where he or she reports to work, no loss of compensation to the employee is permitted. As to former employees, the employer must make a former employee's personnel records available for inspection at the location where the employer stores the records, unless the parties mutually agree in writing to a different location.   

As to former employees, in addition to inspection, the employer must provide a copy of the records at the time and place of the inspection.   

Alternatively, a former employee may receive a copy by mail if he or she reimburses the employer for actual postal expenses.   

If the employee was fired for harassment or workplace violence, the employer can produce the file by alternative methods:

a) permit the inspection at a location other than the workplace that is within a reasonable driving distance of the former employee's residence or

b) provide a copy of the personnel records by mail.   

An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her personnel records.   

A person who is a representative of the employee for purposes of requesting inspection or copies is a person designated in writing by the employee to "inspect or receive a copy" of those records.   

The employer may take reasonable steps to verify the identity of a current or former employee or his or her authorized representative.   

An employer may designate the person to whom a request for inspection and/or copying is made.   

Prior to making records available for inspection or providing of the personnel file, the employer may redact [delete or black out] the name of any nonsupervisory employee contained in the file.   

Records specifically excluded from the documents an employer must make available are:

(a) Records relating to the investigation of a possible criminal offense;

(b) Letters of reference;

(c) Ratings, reports, or records that were:

(A) obtained prior to the employee's employment or

(B) prepared by identifiable examination committee members or

(C) obtained in connection with a promotional examination.   

The right to inspect a personnel file is controlled by other laws for certain categories of employees:

(A) Some Public Safety Officers

(B) Some government agency employees.   

If the employer delays or fails to produce the file, the current or former employee or the Labor Commissioner may recover a penalty of seven hundred fifty dollars ($750) from the employer.   

A current or former employee may also bring for a court order [injunction] to compel the employer to produce the file as required by law.   

If the employee obtains the order compelling production, he or she may recover costs and reasonable attorney's fees in such an action.   

If a current or former employee files a lawsuit that "relates to a personnel matter," then the rights to inspect the file are pre-empted and replaced by the subpoena procedure available through the lawsuit.   

An employer is not required to comply with more than 50 requests to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month.   

If the employee is a union member, and if the collective bargaining agreement provides for a specific means to obtain employee records, then the union agreement will trump the general statutory procedures, but only if the union agreement includes provisions that relate to:   

(a) wages, hours of work, and working conditions of employees.   

(b) A procedure for the inspection and copying of personnel records.   

(c) Premium wage rates for all overtime hours worked.   

(d) A regular rate of pay of not less than 30 percent more than the state minimum wage rate.

Personnel File Inspection Action Steps

Here is a checklist of actions you can take both during after the inspection:   

List what's missing. Are there documents you know should be in the file? Did you expect to see a positive performance evaluation or mid-year review, or perhaps a recognition for reaching a performance milestone?   

List what's surprising. Has an important document been removed or altered? Is what you've been told about your performance or opportunity contradicted by what is in the file?   

Identify what is inaccurate or untrue.   

Look for hard data that you would expect to be central to your performance evaluation. For example, sales completed, projects on schedule, new customers signed. If the data is not in the file, ask that it be added. Why is this data part of a "personnel file?" This firm argues that the data directly relates to your work performance as a key measure. By the way, a "file" in the 21st century is digital and cloud based. There is no necessary storage limit or location for a file. A "personnel file" is defined by its content, not its labeling.   

Inspect you file regularly, just as you might get an annual checkup. You'll find the record or summary you keep invaluable as the years go by, as documents can be changed or removed with time, especially if there is a campaign to get rid of you. Also, employers will cite a history of alleged poor performance to hide an illegal motive to layoff or fire. You can rebut those events much more easily as they occur instead of covering everything in the final days of your employment.   

Request to add key documents to the file. These can be missing evaluations, needed corrections, and your written rebuttal to negative evaluations. [Our firm argues that inasmuch as your rebuttal concerns the terms and conditions of employment, it is a defined "personnel record" that must be included in the file.]   

Take steps to address take the issues you discover after inspection. Go up the chain of command. Follow any company policy covering personnel record. Keep a record of your efforts by date, with whom you communicated, and the outcome. Later, this approach will support your case that a disciplinary action is unwarranted.   

Ask that positive statements about performance be included in the records. A "letter of recommendation may be excluded by statute, but our firm argues that many positive communications, often internal, are not "recommendations," but evaluations.   

Time clock records and pay records are part of your personnel file, where ever they may be kept. Ask to see them if you believe your time or pay is not according to law.   

Ask to see any file materials not labeled as "personnel files" but kept as so-called "private" files by human resource employees or managers. Our firm argues that content and use of the record determines whether it is part of the "personnel file."   

Insist on receiving copies of all your signed employment documents. These will include:

a) arbitration agreements;

b) trade secret and confidentiality agreements;

c) completion of training documents;

d) notifications and acknowledgements of receipt of handbooks or electronically stored policies;

e) enrollment in insurance, dental, and vision plans;

f) enrollment in long term or short term disability plans;

f) participation in 401K or other retirement plan;

g) any signed evaluations or warnings.   

Do a basic index of the documents in the file. You may later want to check what you receive as copies against your index. As you are allowed to receive copies, it follows you are also allowed to keep copies. That means you can maintain the digital or paper copies at your home or other off-site location. You should do so.

Conclusions About Personnel Files

In large companies decision makers are often well up stream from your position. They may have little direct interaction with you. They will depend largely on what they find in your personnel file to decide your economic future. Inspecting your personnel file should be viewed as you might view copies of your credit report or medical records. Keeping these records as your copies may prove very useful during your employment to address an unfair evaluation, denial of bonus or pay increase, or denial of promotion. Likewise, if you are fired for an illegal reason, the records you keep can be used to rebut the "official" reason of poor performance or misconduct. Current employees can inspect their personnel files at regular reasonable intervals, and prior employees can request their personnel file once each year. They should do so.