The Wage and Hour Division of the U.S. Department of Labor (DOL) had issued guidance based on inquiries from businesses about wage and hour issues that arise in the workplace through the distribution of opinion letters for five decades. In 2010, the Obama Wage and Hour Division decided to cease issuance of these letters and alternatively, decided to publish “Administrator Interpretations” of the Fair Labor Standards Act (FLSA) topics in its place.

Last year, the Trump administration announced that it would resume issuing opinion letters and began following through on its promise earlier this year when the DOL reissued 17 opinion letters previously withdrawn by the Obama Administration. Those letters addressed a wide range of topics from discretionary bonuses and calculation of salary deductions to administrative exemption qualifications.

Opinion letters are meant to guide employers and employees with respect to both the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA) laws by providing a better understanding of what is entailed. As noted on the DOL website regarding Rulings and Interpretations, “As part of the administration of the FLSA and the FMLA, interested parties may seek and officials of the Wage and Hour Division may provide official written explanations of what the FLSA or the FMLA requires in fact-specific situations.”

If you have a question about wage and hour laws that you can’t find answers to, requesting an opinion letter might be the way to go. It is important to remember that opinion letters are not binding but are rather informal guidance provided by the Department of Labor. A positive response can help an employer defend a policy in court while a negative response can get an employer to quickly change bad policies.

While the DOL can’t answer all employer inquiries, any clarity they can provide to employers in areas that are frequently unclear or confusing can be helpful—the hope is that the DOL continues to distribute these letters going forward.

Question: Will the employer have to pay overtime to a nonexempt employee for time spent at a holiday party even if the party is voluntary?

Answer: In the event of an after-hours voluntary party, where there are no consequences for not attending, there is no requirement to compensate a nonexempt employee under wage and hour regulations. However, in the event that a party is held during any portion of an employee’s normally scheduled work hours and the employee is permitted to attend during those hours, even if voluntarily, the nonexempt employee is to be compensated. Therefore if the employee’s work day ends at 5 p.m., and the party goes from 3 – 7 p.m. the nonexempt employee would be paid for two hours (3 p.m. – 5 p.m.). If the party was mandatory or would have any consequences for those not in attendance, the nonexempt employee would be paid for the entirety of the party. If the nonexempt employee provided any work effort towards the set-up, during, or post event clean up, the employee would need to be compensated for all time worked at regular wages, including any eligible overtime.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

Nowadays, there is a plethora of social media platforms that allow both individuals and organizations to network, share, and promote—but are you truly living up to your nonprofit’s technological potential?

Whether you’re on Facebook, Twitter, LinkedIn or any other public forums, social media is an incredibly effective way to strengthen your n onprofit ’s voice. Ranging from sector news to teambuilding pictures to campaign promotions, social media is a fast, cost-effective method in broadening your audience and developing your brand.

Here are 7 quick tips that will help your organization strengthen its impact throughout the nonprofit sector via social media:

1. Avoid being a passive presence—Why limit yourself to merely posting information? Social media is meant to be interactive. Support other local organizations and your nonprofit peers to build a greater sense of community.
2. Use social media all year round—Don’t just post announcements and blogs when a specific event or promotion nears. Incorporate news and articles that are relevant to your targeted audience on a consistent basis throughout the year.
3. You’re a human, so act like one—People are more likely to empathize with you and support your nonprofit if the articles and posts they see appear to come from a relatable individual (rather than just an automated robot). When using social media, you must show your personality in order to grab people’s attention.
4. Share, share, share—Your nonprofit’s not the only organization promoting a noteworthy cause. Be sure to share other people’s ideas that you support or that would be of interest to your social media followers.
5. Create trust amongst your community— Whether you’re replying to comments on your blog or soliciting feedback for new content, your followers will be appreciative of your thoughtful communication efforts. Providing people with the information they actually want will make them view you as a one-stop shop for nonprofit news and tips.
6. Tell your nonprofit’s story—How did your nonprofit get its start? How have you grown over the years and who specifically have you impacted? It’s important to tell your audience not only what you do but why you do it in order to cultivate respect and support for your nonprofit.
7. Discuss real-life successes—In order for your audience to get a better sense of how your nonprofit impacts the community, share before and after stories of specific individuals your nonprofit has helped over the years. This way, people can readily put themselves in others’ shoes and determine if your nonprofit is a good fit for them as well.

While many nonprofits are limited by a smaller budget and staff size, social media is a great way to grow one’s network, attract potential donors and supporters, and cultivate a reputable voice that can influence people nationwide.

Sick employees are bad for business – plain and simple. They can wreak havoc on the workplace in many ways – spreading germs, putting additional stress on co-workers who have to pick up the slack or even creating tension amongst the team. While it might seem great to have such dedicated employees who are willing to work even when they are ill, what might be a mild case of the flu for one can land another in the hospital or worse, put multiple members of your team out for weeks.

You need an equitable sick leave policy in place that provides employees a reasonable amount of paid sick leave,  allowing them the time to recover when they’re not feeling well. Additionally, having a clearly written policy that specifies the organization’s standards and what is expected of the employee will help to minimize sick leave abuse. Paid sick leave is not typically required under federal law but may be required under state law – different states have different requirements so make sure to do your research to determine what, if any, state laws are applicable to you.

By implementing a few simple guidelines, you can create a solid yet thoughtful sick day policy that helps to maintain a healthier workplace and keep your nonprofit running smoothing when someone is out. First and foremost, you need managers to not only encourage people to stay home when they are ill but to also stay home themselves when ill – leading by example is the most powerful tool managers have at their discretion.

Secondly, have a back-up plan in place for when those instances do arise so key tasks don’t go unattended for days at a time. For example, cross-train your staff so that everyone has someone who can fill in where and when needed. While this may not be an ideal situation for some, ensuring everyone understands the benefits of such a plan and knows what to expect ahead of time, can go a long way in eliminating some of the stress when the need presents itself.

Also important to keep in mind, while it’s not practical to have someone out of the office for weeks due to a general cold, it is wise to require employees who have been out with the flu and/or a fever to remain home until they’ve been symptom-free for at least 24 hours. This will ensure they are no longer contagious and getting others sick upon returning to work.

If an employer doesn’t offer sick leave, they will only accelerate health issues and the spread of illness, thereby lowering productivity and office morale. Remember, when an employee comes to work sick, it puts you and the rest of your staff in a weak environment, which can affect a nonprofit as badly as the loss of a major contributor. Being sensitive to the health of all your staff should be priority number one.  To ensure you are doing everything you can is to genuinely take an interest in the health of the people working with you. Remember, a healthy workplace is a productive workplace.

Question: Are private employers required to give employees the day off for Veterans Day? And if employees work on Veterans Day, must they be paid at a holiday rate?

Answer: Private employers are not required to give employees the day off from work for Veterans Day. However, private employers may elect to do so for Veterans Day and/or any other holiday.

Veterans Day is a federally recognized holiday, and federal law does not:

• Require private employers to provide holidays to their employees on federally-recognized holidays.
• Require private employers to pay nonexempt employees (whether hourly or salaried) for holidays on which they are not required to work.

Specifically, the federal Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations or holidays (federal or otherwise). These benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative); thus employers may elect:

• Whether employees will be compensated for holidays.
• To not count holiday pay as hours worked for overtime calculations.

Employers must apply any workplace policy consistently and fairly to all employees.

Note: On a government contract to which the labor standards of the McNamara O’Hara Service Contract Act (SCA) apply, holiday and/or vacation fringe benefit requirements are stated in the SCA wage determinations in contracts that exceed $2,500. On a government contract to which the labor standards of the Davis-Bacon and Related Acts apply, holiday pay and/or vacation pay is required for specific classifications of workers only if the Davis-Bacon wage determination in the covered contract specifies such requirements for workers employed in those classifications.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

Question: While working, an employee assaulted his coworker in our California workplace. May the injured employee pursue a workers’ compensation claim?

Answer: Yes. An employee who is assaulted at work by a coworker may elect to file a workers’ compensation claim. However, he or she may also file an internal complaint, report the assault to the police, or pursue a civil lawsuit. Whether the workers’ compensation claim (or any other claim) will be successful depends upon the facts. For example, was the injured employee the initial physical aggressor? According to California Law, at Cal. Labor Code § 3600(a)(7), employers are not liable under the state’s workers’ compensation law for an injury that arises out of an altercation in which the injured employee is the initial physical aggressor.

Regardless, after an injury occurred in the workplace, California employers must:

• Provide a workers’ compensation claim form to the claimant within one working day after a work-related injury or illness is reported.
• Return a completed copy of the claim form to the claimant within one working day of receipt.
• Forward the claim form, along with the employer’s report of occupational injury or illness, to the claims administrator within one working day of receipt.
• Within one day of receiving the claim, authorize up to $10,000 in appropriate medical treatment.
• Provide transitional work (light duty) whenever appropriate.
• Give notice of workers’ compensation eligibility within one working day of the crime (assault) that happened at work.

It is not for the employer to determine whether the injury will be covered under its workers’ compensation insurance. Rather, the claims administrator will determine whether the injury is covered.

Another issue worth mentioning is that California employers are required to abide by a duty of care in the workplace. According to Cal. Labor Code § 6401, “[e]very employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe and healthful. Every employer shall do every other thing reasonably necessary to protect the life, safety, and health of employees.” Violations of this duty incur significant monetary damages.

Read more about workers’ compensation and the process on the State of California, Department of Industrial Relations’ website. Read more about workplace assaults and Cal/OSHA Guidelines for Workplace Security.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

Question: Which employers are required to maintain records of illnesses and injuries under the Occupational Safety and Health Administration’s (OSHA’s) recordkeeping and reporting regulations?

Answer: Employers that had more than ten employees at any time during the last calendar year are generally required to prepare and maintain records of serious occupational injuries and illnesses using the OSHA 300 Log. OSHA provides a partial exemption from the recordkeeping requirements for employers who had ten or fewer employees at all times during the previous calendar year and employers in certain low-hazard industries.

To determine if your company is required to prepare and maintain OSHA records, you will need to find your industry’s North American Industry Classification System (NAICS) code number using one of these methods:

• Use the search feature on the U.S. Census Bureau NAICS main web page.
• View the most recent complete NAICS tables on the U.S. Census Bureau NAICS main web page. Select the two-digit sector code and a six-digit industry code to read its definition.
• Use an old SIC code to find your NAICS code using the detailed conversion tables on the U.S. Census Bureau Concordances page.
• Contact the nearest OSHA office or state agency for help.

Once you have identified your industry’s NAICS code, you can use the Partially Exempt Industries Table to determine if your industry is exempt from the recordkeeping rule.

Important: States with OSHA-approved plans may require employers to keep records for the state, even if employers are within an industry that is exempted from doing so under OSHA regulations.

Unless your facility is municipal, state, or federally-owned, it is subject to OSHA regulations as long as it has employees. Having non-profit status or a small number of employees does not exempt a business from OSHA compliance

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.