HR & Safety News, Insights and Updates | |
Consultstu LLC delivers fractional human resources services to small/mid businesses.
Our monthly newsletter keeps clients and friends up to date on important
law updates, business news and employment trends.
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Federal Contractors - EO 11246 Is Over, after President Trump's EO |
HR Compliance. Section 3 of President Trump’s Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” addresses the federal contracting process and revokes Executive Order, EO 11246, a long-standing order that imposed affirmative action requirements on federal contractors and recipients of federal grants. This post covers the impact of EO 11246’s revocation.
President Trump’s Executive Order revokes EO 11246 and thereby removes any affirmative action obligations imposed on federal contractors, subcontractors, and grantees. The Executive Order prohibits federal contractors and subcontractors from considering “discriminatory and illegal preferences, mandates, policies, programs, regulations, enforcement actions, and requirements,” and as part of this, requires that the OFCCP “immediately cease (1) promoting ‘diversity’; (2) holding Federal contractors and subcontractors responsible for taking ‘affirmative action’; and (3) allowing or encouraging Federal contractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.” Read more analysis and guidance.
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I9 Audit Services - Independent Audits for Publix Suppliers and other situations | Immigration. For the past 5 years, Consultstu LLC has successfully performed third-party auditing for Publix Suppliers and Waste Management contractors. Our services involve reviewing immigration- related documents (I9, E-verify records, supporting docs), creating an audit report and advising on recommended corrections. At the end of the audit, we provide our client with a certificate of compliance. Contact the Consultstu team if you need I9 audit services. We are currently completing several Publix supplier audits for construction companies and service firms. | |
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DOL Provides Further FLSA Guidance Regarding Manager and Supervisor Participation in Tip Pools |
Pay and Benefits. On January 14, 2025, the U.S. Department of Labor (DOL) issued another opinion letter (FLSA2025-1) reiterating its position that managers and supervisors are prohibited from participating in a tip pool under any circumstance.
Tip pooling—when employees combine tips earned during a shift and divide the shared pool amongst themselves at some point thereafter—is a practice that is generally allowed under the Fair Labor Standards Act (FLSA). An important exception is that employers are prohibited from “keep[ing] tips received by their employees for any purpose, including allowing managers or supervisors to keep any portion of employees’ tips.” Read more - and Trump's DOL may revisit this opinion.
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Skills based Hiring - A Guide for Employers | Recruiting. When hiring new talent, many employers are turning away from traditional hiring methods that prioritize degrees and previous job titles and are instead moving towards skills-based hiring. As the name suggests, this approach focuses on each candidate’s specific skill sets and competencies. By prioritizing skills, today’s employers can tap into a wider talent pool and increase their chances of hiring the most capable individual for the job. Adopting a competency-based hiring approach also helps employers make more informed hiring decisions. This approach prioritizes a candidate’s abilities that are directly relevant to the job. Read more. | |
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Kane’s Furniture to Pay Nearly $1.5 Million in EEOC Sex Discrimination Lawsuit | Discrimination. Kane’s Furniture, LLC, a Florida-based furniture retail company, will pay $1,482,748.00 in monetary relief and provide significant equitable relief to settle a federal class sex discrimination lawsuit. EEOC alleged that Kane’s Furniture implemented a discriminatory policy of not hiring female applicants for driver and warehouse positions at their distribution center or any of their eighteen retail locations across Florida. The lawsuit charged that recruiters expressly screened women out of the hiring process. Kane's will enter a three-year consent decree and implement new hiring practices and EEO policies; hire an independent expert to oversee training, investigate and review complaints of sex discrimination, and ensure compliance with the terms of the consent decree. Read more. | |
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JazzHR Offers Complete ATS system for any small/mid business
Recruitment. Many small business owners have recognized the value of investing in recruitment software that makes their hiring process smoother and faster. But it has to be affordable and effective. Automating your recruitment process is one of the most effective ways to reduce repetitive hiring tasks and streamline hiring costs in your company. It also empowers your hiring managers to focus on high-quality, strategic hires by spending more time nurturing candidates.
JazzHR offers small business recruiting software that empowers your growing company to find and hire talent fast, at a cost you can afford. Automate repetitive, manual tasks, centralize candidate information and data and better compete for top candidates. Consultstu can provide you with an introduction and get a demo scheduled. Accelerate your hiring with an ATS system.
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Are Employers required to pay for employee training? | |
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Answer: Mostly yes, but not always. In general, time spent in job-related training is counted as time worked and must be paid. However, not every lecture, class, training program, or similar activity qualifies. The Dept of Labor uses the following 4 criteria, and if they are all met, employers don’t need to pay the employee for the training:
- The training occurs outside of the employee’s normal work hours
- The training is completely voluntary (there will be no company-initiated consequences if the employee does not attend)
- The training is not specifically job-related (it may be tangentially related to their job, like most continuing education, without being specific to how they do their job on a day-to-day basis or intended to train them for new job duties)
- No work for the employer is performed during the training (e.g., reading or replying to emails).
What to read more? Review the DOL Fact Sheet.
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