Denken Solutions, Inc.’s Post

For anyone who may have missed the announcement in September from the EEOC and DOL - information HR Consultants and professionals have known for years was announced in an official MOU document. Red flags, potential fines, and monetary penalties not only impact your organization from the immediate compliance concern, but may also have future impact from other federal agencies through their collaborative agreement. If organizations are unsure whether their processes are compliant or what regulations actually apply to your HR functions, a comprehensive HR assessment can be a great first step in identifying your potential risks and addressing concerns proactively. #HRAssessment #Compliance #HRResolve

If you employ contractors or work as one yourself, this blog is for you. The National Labor Relations Board has recently made a number of changes that affect how worker status is determined. Learn more! ⬇️

The DOL has revised the way companies should determine which of their workers are considered employees of the business and which are deemed independent contractors. #employmentlaw #compliance #HR #recruiting

Are your contractors actually employees? No? ARE YOU SURE? The October 2023 NLRB FINAL rule for determining joint-employer status is now in force. The new rule significantly reduces the amount of control you need to have over your contractors for them to qualify as joint-employees--just one of a few unfavorable changes for employers. Time to audit those relationships and formalize any gray areas! https://lnkd.in/e42z2_Fk

Are you a CEO or business owner engaging in actions that might be against the law? 🌀 Did you know that ignoring compliance could lead to unintended consequences?⚖️ Let's talk employee wages and ensure we're on the right side of the law. Adjusting wages is a vital move, but doing it without considering labor laws can lead to some sticky situations. Let's avoid potential pitfalls and make strategic decisions that not only benefit your team but also keep your company on the right side of compliance. 🌐 As your HR consultant, I'm here to guide you through the process, ensuring we make decisions that are both fair and compliant. 🤝 Let's prioritize our team's well-being and legal standing. 👩💼👨💼 Book a call using this link https://www.rockregion.co/ to ensure your wage adjustments align with the law. Let's have a quick chat! #RockRegionConsulting #HR #HumanResources #HRServices #HROutsourcing #HRConsulting #HRExpert #SmallBusiness #SupportSmallBusiness #SmallBusinessOwner #RockRegion #Compliance #HRCompliance #EmployeesWage

👀 Keep a look out for the range of resources we're going to be releasing this month to help you correctly classify your contractors. Webinars, blog posts, white papers, we've got you covered. 👀 To get you started, here's our latest guide to the new Worker Classification Rule in the USA. If you're a global company employing staff in the USA, this guide is everything you need to ➕ Understand what's changing with the new Department of Labor rule. ➕ Check you're classifying your US contractors in line with the new criteria ➕ Stay aware of potential penalties and remain compliant every step of the way. #compliance #employmentlaw #hr https://lnkd.in/e34_cdGA

The government has published new statutory guidance which warns that 'fire and rehire' should only be used as "a last resort" and urges employers to first engage in thorough and open information and consultation processes. Have a read of our summary here… #fireandrehire #employmentlaw #HR #lewissilkin

Important Update: The Department of Labor has recently made pivotal changes in labor laws surrounding worker classification, emphasizing the heightened risks associated with misclassification. It's crucial for businesses to navigate these changes effectively to mitigate potential risks, especially if you hire GIG workers. One way to safeguard against these risks? Partnering with reputable staffing agencies. They not only streamline the hiring process but also provide a layer of protection for businesses, ensuring compliance with evolving regulations. I've shared an insightful article below detailing these significant changes and how leveraging staffing agencies could be a proactive step in safeguarding your business. Stay informed, stay compliant! #DepartmentOfLabor #LaborLaws #StaffingAgencies #Compliance #BusinessInsights

Contract Workers – The Myths vs The Facts Myth #1: The services of a contract worker can be terminated for any reason. The correct position is that all workers, be they on fixed-term contracts or on permanent contracts, are protected by identical legal rights. Particularly as this relates to the termination of the contract of employment as a result of disciplinary action. This means that an employer must treat with all workers in a fair and just manner and that where disciplinary action is contemplated it is implemented in a manner consistent with good industrial relations practices.  Myth #2: Contract workers do not have the same rights to statutory or employment benefits as permanent workers The terms and conditions of a contract worker will be normally expressed in a written contract of employment. Accordingly, these may differ from those applicable to permanent employees. However, where there exists a collective agreement in operation between the employer and a recognized majority union, and a contract worker is engaged in a position in the bargaining unit, then the applicable terms contained in the collective agreement are usually expressed in the fixed-term contract. Where these are not expressed, then the general terms in the collective agreement will apply.   Myth #3 Contract workers cannot enjoy job security It is correct to say that workers on genuine fixed-term contracts of employment do not enjoy the same degree of job security as those with permanent status. This is simple to understand as such employment arrangements are really intended to facilitate temporary project-type work as opposed to appointments to established positions in the organization structure. It is obvious, therefore, that upon completion of the project for which the employee was engaged, the contract would automatically terminate without liability to the employer. However, the case may be entirely different where, as is often the case, the worker was engaged to perform regular work in an established position within the employer. In this regard, the employer may find it difficult to simply rely on the contract having expired for refusing to offer the worker continuing employment. In such circumstances, the employer may be required to provide justification and show good reason why the worker’s contract was not renewed. Making the right decision with respect to the employment status of workers is an important consideration in the management of an employer’s workforce. It is a worker’s responsibility to inform his/herself as to the rights, benefits and protection available under our laws. Conversely all employers are obligated to apply our laws as they were intended and particularly as interpreted in our jurisprudence.

Every company that engages workers–especially those for whom such workers are key to operations (such as staffing agencies) – must take a proactive approach to shoring up their practices. #staffingagencies #compliance #workerclassification https://ow.ly/N0CE50R4Psq