Human Resources

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DOL Reissues Previously Rescinded Opinion Letters : Jan 18th - Under the Obama administration, the Department of Labor (“DOL”) announced that it would no longer issue opinion letters. It also rescinded 17 opinion letters that had been issued under the Bush administration. Opinion letters historically served as a mechanism for the DOL to respond to fact-specific employer inquiries about wage and hour issues. While the opinion letters are not binding law, they remain a helpful resource for employers attempting to navigate the more ambiguous areas of the Fair Labor Standards Act (“FLSA”). A recent development suggests that the DOL may, once again, begin issuing opinion letters. On January 5, 2018, the DOL reissued the 17 opinion letters that were rescinded under the Obama administration. These letters offer significant guidance on numerous wage and hour issues, including the exempt status of many specific positions. Of broader relevance, the reissued opinion letters include the following: > FLSA 2018-14 - Salary deductions may be made when an employee is absent from work for one or more full days for personal reasons, other than sickness or disability. Deductions may be made for absences of one or more full days for sickness or disability, if the deductions are made pursuant to “a bona fide plan, policy or practice of providing compensation for loss of salary occasioned by such sickness or disability.” Deductions from an employee’s guaranteed salary may only be taken if the employee misses one or more full days of work. The regulations do not permit salary deductions for partial day absences. > FLSA 2018-11 - In calculating the regular rate of pay for purposes of overtime, job bonuses that are conditioned only on performing the required work associated with the job must be included. > FLSA 2018-7 - Employers may calculate salary deductions for a full-day’s absence on the number of hours actually missed. Therefore, where an employee is scheduled to work nine hours during the workday, the employer may make the deduction for the full nine hours from the employee’s salary (i.e., the amount of time actually missed). The 17 reissued letters, along with older DOL opinion letters, can be found here (https://www.dol.gov/whd/opinion/flsa.htm). Although not every letter is pertinent to all employers, they remain a valuable source of information and worthy of employer review. If you have any questions on this topic, please contact a member of our Labor & Employment Practice Group. Eric Baisden | ebaisden@beneschlaw.com | 216.363.4676 Pete Kirsanow | pkirsanow@beneschlaw.com | 216.363.4481 Karly Johnson | kjohnson@beneschlaw.com | 216.363.6265
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DOL Abandons Six-Factor Intern Test : Jan 9th - On January 5, 2018, the Department of Labor (“DOL”) adopted a more lenient standard for assessing whether interns qualify as employees under the Fair Labor Standards Act (“FLSA”). Previously, in 2010, the DOL promulgated a more onerous six-factor test. Under that test, an intern was considered an employee unless each of six factors were met. Employers were forced to consider, for example, whether interns displaced any regular employees or whether they derived any “immediate advantage” from the interns’ work. Now the DOL, in reducing the burden on employers, has aligned itself with several appellate courts and implemented the “primary beneficiary” test. This seven-factor test is derived out of a 2015 ruling by the Second Circuit Court of Appeals in Glatt v. Fox Searchlight Pictures, Inc. The test comprehensively analyzes the “economic realities” of an intern’s relationship with his or her employer to determine the “primary beneficiary” of the relationship and is more in line with the current test for determining independent contractor status. The seven factors of the newly-implemented test are designed for flexibility and the DOL advises that in administering the test, the unique circumstances of each case should be considered. The factors primarily focus on the expectations of the parties, the educational benefits, and the correlations with formal courses of study. The DOL has stated that it will update its enforcement policies and provide Wage and Hour Division investigators increased flexibility to holistically analyze internships on an ad hoc basis. This development is expected to benefit employers and ease employer concerns that interns will be inadvertently misclassified as employees. If you have any questions on this topic please contact a member of our Labor & Employment Practice Group. Eric Baisden (Chair) at ebaisden@beneschlaw.com or 216.363.4676. Karly B. Johnson at kjohnson@beneschlaw.com or 216.363.6265.
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Unified Carrier Registration Fee Final Rule : Jan 8th - On January 5, 2018, the Federal Motor Carrier Safety Administration (“FMCSA”) published a Final Rule setting the fees for the Unified Carrier Registration Plan and Agreement (“UCR”). The January 5, 2018 Final Rule (the “Final Rule”) reduces annual registration fees to be collected from motor carriers (for-hire and private), brokers, freight forwarders, and leasing companies for the 2018, 2019, and subsequent years. All interstate motor carriers, brokers, freight forwarders, and leasing companies should endeavor to complete their UCR registration as soon as possible. Though states’ enforcement of the payment of UCR fees generally begins on January 1 of the registration year, the UCR’s Board of Directors (“UCR Board”) has requested that states delay enforcement for 90 days (April 5, 2018) following the publish date of the Final Rule setting fees due to the delay in setting the fee schedule. The State of Indiana’s Department of Revenue, which operates and maintains the national online UCR registration system, had announced it would begin accepting registrations on January 5, 2018. Those interstate motor carriers, brokers, freight forwarders, and leasing companies based in states that maintain their own UCR systems may require more time for the state department to be prepared to accept registrations. The fee schedule, as determined by the Final Rule is as follows: http://www.beneschlaw.com/Setting-the-Course- ... (please click on link for chart) This Final Rule was anticipated in early 2017, as federal law requires that the UCR may only collect up to a statutory maximum, and on March 14, 2017 the UCR Board voted to recommend a reduction of registration fees collected in 2018, 2019, and subsequent years. The adjustment in fees and the Final Rule were required because the fees collected for the 2016 registration year exceeded the total revenue entitlements for the first time in UCR history. Please contact Kelly Mulrane at kmulrane@beneschlaw.com or 614-223-9318 with any questions or if you need assistance with any UCR-related issues.
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SCRUM : Jan 5th - Looking for a plastic company that has initiated the SCRUM philosophy into their organization. I would like to hear how you prepared for the change, how you communicated the change, how you actually initiated it and the bumps and bruises along the way (if there were any). Brian J
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Indistry standard scrap % of sales? : Dec 29th - I am looking for a benchmark on industry standard scrap/rejects as a percent of sales. does anyone know of a report or have an idea of what the standard is? Christopher Everett
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Group List

Andrews, Denna - Human Resouces Manager
Andrews, Charles - VP, Human Resources
Arthur, Natalie - Human Resources Manager
Askelson, Micha - Quality Manager
Atkinson, Darla - Human Resources Assistant
Bangtson, Beth - Sr. HR Business Partner
Bartlett, Linda - Training Coordinator/Human Resources Manager
Bell, Joe - Human Resources Manager
Betz, Elva - Director of Human Resources
Biastock, Abby - Human Resources & Customer Service
Bishop, Brett - Plastics Manager
Blair, Tricia - Human Resources Manager
Boeke, Phil - VP Human Resources
Brannon, Stephanie - Human Resources Manager
Brasuell, Lisa - Human Resources Director
Brockhohn, Jillian - HR Generalist
Brown, Sandy - Human Resources
Bruno, Shelly - HR Manager
Bryant, Brian - Training Contact
Bultman, Michelle - Human Resource Mgr
Carter, Shelly - Human Resource Manager
Carter, Kiera - HR Assistant
Carter, Shelly - HR Director
Cartwright, Carolyn - Human Resources Manager
Chappel, Ed - HR Manager
Christiansen, John - Admin Svc Manager
Church, Linda - Administrative Assistant/HR
Clem, Cynamyn - HR Manager
Clothier, Rob - HR Manager
Colliau, Heather - HR Specialist
Conrad, Kim - Human Resources Manager
Conyers, Cheri - Director of Human Resources
Cook, Deb - HR Manager
Cox, Terri - Administrator
Crane, Lynn - Human Resources and Finance Manager
Cranstson, Anna - Human Resources Manager
Cutter, Rhonda - Human Resources
D'Antonio , Adrianne - HR Manager
Dahlin, Debra - Human Resources Supervisor
Davis, Janice - HR Coordinator
Desimone, Alice - Human Resources Manager
Dewing, Theresa - Human Resources
Diaz, Mariana - HR Associate
Dowker, Michael - Human Resources Manager
Duty, Jennifer - Human Resources Manager
Edge, Tanner - Safety Specialist
Elli, Kathy - Human Resources
Ellis, Sarah - Director Human Resources
Enochs, Tarra - Human Resources
Epstein, Amira - Human Resources
Erickson, Cindy - Human Resource Manager
Ermeti, Frank - VP HR
Esteves, Cynthia - HR Manager
Evans, Stacey - Human Resources Manager
Falkner, Sue - HR Manager
Fearnow, Tim - Human Resouces Manager
Fetterman, Michael - Manager Employment/Training Manager
Finch, Lorrie - Human Resources Manager
Fisher, Lori - Human Resource Manager
Flinn, Jason - Human Resources Director
Francik, Elizabeth - Human Resources Manager
Fry, Brendon - Safety, Environmental, TPS Coordinator
Gayton, Laura - Human Resource Manager
Gierke, Gwen - Talenet Development Manager
Goldman, Kathy - HR Mgr
Gonzalez, Patricia - Human Resources Manager
Green, Doug - VP of HR
Guldedava, Natia - Human Resources Director
Hahn, Lynne - Executive Vice President Human Resources
Hamilton, Leah - HR Manager
Hanes, Kristen - Director of Human Resources
Harbin, Tom - Training Contact
Hayden, Jennifer - HR Manager
Henn, Angela - Human Resources Manager
Higgs, Danny - Training Contact
Hildreth, Kimberly - HR Associate
Hill, Justin - EHS Manager
Hill, Ginger - HR Director
Hlavin, Erin - Human Capital Manager
Holm, Jay - Finance/Human Resource Manager
Horvath, Melissa - HR Mgr
Huse, Leah - HR Coordinator
Hyde, Laura - Human Resources
Jackson, Tracy - EHS Manager, Human Resources
Jay , Wendi - HR Manager
Johansson, Rita - Office Manager
Jordan, Rhonda - Human Resources Manager
Jurju, Tammy - Human Resources Manager
Kennedy, Joan - HR Manager
Kiefer, Mandy - Human Resources Manager
Kimbel, Audra - Human Resource Manager
Kinser, Rhonda - Human Resources Manager
Kontos, Emily - Sr. Talent Associate
Krady, Jude - Chief People Officer
Lambert, Tina - HR Specialist
Lamone, Brad - VP of Human Resources
LaRue, Sarah - Human Resources Mgr
Lee, Marcia - Human Resources Manager
Loar, Matt - Training Coordinator
Loban, Danielle - HR/CS Manager
Lockman, Jen - Manager of Human Resources
Mabe, Dollie - Human Resources Manager
Mabry, Shane - HR Generalist
McDonald, Doug - HR Dir.
Merritt, Rebekah - Human Resources
Metcalfe, Desirae - Human Resources Manager
Metz, Susan - HR Director
Meyer, Teale - Training Coordinator
Milks, Johnathan - Human Resources
Miller, Lydia - H.R. Manager
Mohanty, Reetika - Talent Management Specialist
Morehouse, Randy - Customer Service Rep
Mowery, Catherine - EHS Manager
Myshkoff, Debra - Human Resources Manager
Napier, Ben - Human Resource Manager
Neff, Evelyn - Human Resouces
Nix, Anna - Human Resources Specialist
Olewinski, Cindy - HR Manager
Pankonin, Cristina - HR Business Partner
Parshall, Michael - Human Resources/Safety Manager
Paules, Cindy - HR
Piazza, Lisa - Member Development Coordinator
Pichotta, Lisa - HR Manager
Poe, Deb - HR Manager
Porter, Mary - Corporate HR Manager
Quebedeaux, Dena - Office Manager
Ramsey, Nina - HR Manager
Randolph, Kristen - HR Manager
Redes, Jenny - HR Manager
Rennich, Susan - HR Manager
Rheude, Cathy - Owner, Human Resources Director
Rikansrud, Scott - Safety/IT
Rivera, Nancy - Administrative Supervisor
Robinson, Karen - Human Resources
Ryan, Jessica - Director of Human Resources
Schilling, Chris - Human Resources Generalist
Schmidt, Renee - Human Resources
Shaw, George - Account Executive
Sholtis, Mary - Training Director
Smith, John - Human Resources Manager
Sparks, Erica - HR Manager
Spencer, Winnie - Human Resource Manager
Storms, Jeannette - Human Resources
Strube, Jim - Human Resources
Sundberg, Wendy - HR Manager
Swinford, Stacie - HR
Talaski, Tamera - Human Resources Manager
Taton, Heather - Human Resources Manager
Thomas , Suzie - Hr manager
Turrell, Ashley - Operational Specialist
Turula, Theresa - Human Resources Manager
VanRosendale, Janet - HR Manager
Vanyo, Jeanne - Senior Human Resources Manager
Vargo, Joe - GSPC Contact
Vick, LaTasha - HR Manager
Villicana, Lupe - Human Resource Administrator
Wagner, Kurt - Human Resources Manager
Wagnon, Brett - TPS/Safety/Environmental Coordinator
Ward, Cathy - Human Resources and Quality Manager
Wasko, Nancy - Human Resources Manager
Weiner, Heidi - Human Resouces Manager
Wilkins, Linda - Manager of Human Resources
Williams, Melanie - Accounting and Admisitrative Assistant
Williams, Christy - Corp Director HR
Wilson, Virginia - Human Resources
Zeman, Mark - COO
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