Compliance-side HR – a strong stomach required


This article was originally published in The Daily Record April 5, 2016.

It’s a rough time to be on the compliance side of human resources, and the immediate future isn’t looking much brighter. Don’t get me wrong, short of selling t-shirts and drinks with interesting names on a tropical beach (alongside my wife, of course), there is nothing I would rather be doing. Let me explain… Continue reading

Delayed Enforcement Is Not A Free Pass On Compliance


Posted by Frank Cania, MSEmpL, SPHR – President of DRIVEN HR, LLC

[Author’s Note: Although the topic of this post is specific to the home health care and the companionship overtime exemption, the broader concept is applicable to all businesses. That said, please continue reading regardless of your industry.)

Earlier in 2014, the federal Department of Labor (“DOL”) announced a significant change to the definition of companionship servicesunder the Fair Labor Standards Act (“FLSA”). Ultimately, this change prohibits third-party employers, such as home care and home companionship agencies, from classifying employees as exempt from the overtime regulations under the companionship exemption. As was intended, beginning on January 1, 2015, a significant number of domestic service workers will become eligible for overtime for all time worked over 40 hours in a workweek. Continue reading