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Connecticut has become the first state in the nation to mandate paid sick leave exclusively for service workers such as waiters, cashiers, and hairstylists.
Sued for Tip, Overtime, and Spread of Hours Violations
Servers at Le Bernardin, Zagat’s top-rated New York seafood restaurant for 2011, have sued the restaurant for tip, overtime, and spread of hours violations. The Complaint, filed in United States District Court in Manhattan by attorneys for a former captain and server at the restaurant, alleges that the waitstaff was required to pool their tips with managers who exercised significant managerial control over the waitstaff at Le Bernardin.

The servers were also required to share tips with other non-service/managerial individuals, including Le Bernardin’s wine director and another individual who worked in the kitchen and prepared coffee. The Complaint also alleges that Le Bernardin charged mandatory gratuities at private events but instead of distributing these gratuities in their entirety to the waitstaff, the restaurant retained a significant percentage of the gratuities and/or used it to pay the event coordinator.
In addition, attorneys for the waiters, claim that the waitstaff’s workdays often lasted longer than ten hours but that the restaurant did not pay New York’s “spread of hours” premium to its employees. The “spread of hours” premium under New York law is equal to one hour’s pay at the minimum wage for each such workday.
The Social Security Administration (SSA) has resumed sending employers a letter called "Decentralized Correspondence" ("DECOR" notice). The notice informs employers that it could not process a Form W-2 because it does not have an employee’s Social Security number (SSN) or name, or the SSN or name submitted does not match information in SSA earnings records [SSA Program Operations Manual System, Employer Reports - Wage Reports, Id No. RM01105 TN 06, 4/6/11].
There are a number of reasons why reported earnings information may not agree with SSA records. These include typographical errors, unreported name changes, inaccurate or incomplete employer records, or misuse of an SSN. In these cases, the SSA places the earnings information in the Earnings Suspense File (ESF) instead of posting the earnings to a worker’s record. The SSA attempts to resolve items placed in the ESF by sending DECOR notices to employees, employers, and self-employed workers to inform them that a reported name or SSN does not match the SSA’s records.
With the number of forecasts potentially floating around your company, it may be difficult to keep track of them, let alone differentiate between them. The workforce management forecast is separate from the finance forecast, and yes – you should ideally have both. Why? The multiple drivers in most workforce management forecasts demand more specificity than the ones, or even one, in most finance forecasts.
While a finance forecast might have sales as a sole driver, workforce management forecasts can have many. Drivers for this type of forecast might include customers, transactions, items, and cartons, to name a few examples. Besides the greater number of drivers, Continue Reading…
It’s clear that workforce management solutions like biometrics and Web-based time collection can increase a company’s return on investment (ROI). How can you use workforce performance technology to be sure that your employees are performing well?
Ratings Distribution Management, or RDM, allows a company to calibrate ratings across the organization. This ensures the consistency of performance scores between divisions. Historically, managers have used a five-point system to award direct employees higher bonuses that aren’t necessarily deserved. Through RDM, employees are rated at regular intervals through the same fair measures throughout the company. This in turn affords more opportunities for rewards and incentives to be applied fairly. With appropriate RDM, managers must Continue Reading…
Giving an employee the keys to a vehicle entails risk — the risk that he or she won’t operate the vehicle in a safe manner, take proper care of it, or follow policy and procedure. Managing these risks begins before the driver is hired, and is an ongoing process that can provide substantial savings and cost avoidance.
Assessing driver safety risks begins with MVR reports.
In a recent article from National Alliance of Insurance Education & Research, Steve C. Holland states: Continue Reading…
Major earthquakes can cause unprecedented catastrophes. With earthquakes as an inevitable part of our future, parking garage owners and managers will need to be prepared and take actions to ensure that disasters do not become catastrophes. With the safety and lives and employees and patrons at stake,
What we do now, will determine what our lives will be like afterwards.
With this in mind, the Earthquake Country Alliance (www.earthquakecountry.org) created the ShakeOut, an earthquake drill and preparedness activity in which everyone can participate. In particular, businesses of all sizes and types can use the drill to get their employees, business partners, and even their customers, involved and prepared for a big earthquake. Furthermore, the level of your staffs’ own personal and family preparedness will be key to their availability to support your company’s response and recovery efforts after a disaster.
Although they were created for the Great California ShakeOut (www.shakeout.org), the instructions to follow are Continue Reading…
The Staffing Industry Analysts published an article reporting that in 2008, 40% of companies had their own internal workforce. By 2011, the number of companies using MSPs is projected to rise to 64%. Outsourcing to Managed Service Providers (MSP) has been a steadily rising workforce management trend for years, but is it always the best option?
Pros of Internal Management
Establishing a management office within the company is probably going to be less expensive than the initial cost of starting an outsourced office. There is less likelihood of cultural and educational difficulty, and more communication between clients and suppliers.
Cons of Internal Management
Self-managing a company’s workforce can cause poor branch communication and a variety of non-standardized processes. This can lead to unnecessary spending and company finances that fall between the cracks. Companies attempting to manage their workforce internally must have the proper expertise, budget, and time to deal with workplace issues and stay on top of new technology trends.
Pros of Outsourcing
Using an MSP can cut down on the number of employees working fulltime. It can also make contacting people in charge of program management a much more streamlined process. MSP providers have greater staffing industry experience, since they have a greater variety of clients. They are often involved with the latest workforce manage best practices and technology trends, keeping programs valuable and fresh. Additionally, outsourcing doesn’t need to be an all-or-nothing proposition – it can be applied to select facets of an organization. The amount of support an MSP provides can be increased or decreased as the organization employing it deems fit.
Cons of Outsourcing
If it doesn’t make sense to outsource considering company strategy, then using an MSP will probably cause cultural alignment difficulties. Small companies or those with a limited focus might waste more money outsourcing than staying local.
Conclusion
For small businesses with limited resources, outsourcing might not be the best option. Businesses with larger aims, however, might do well to investigate whether the cost of setting up an MSP will save them time and money in the end.
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