Sexual Harassment: Rights of the Accused by My Employment Lawyer #employment,labor,law,legal,discharge,fired, #employee,employer,severance,job,wage, #pay, #non-competition,noncompete,labor,employee #law,at-will


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Sexual harassment and the Rights of the Accused

By Neil E. Klingshirn

Sexual harassment and the Rights of the Accused

Federal and state laws protect employees from harassment because of sex in the workplace. As a result, almost all employers today have policies that

  • prohibit sexual harassment
  • encourage employees to complain about sexual harassment;
  • provide for prompt investigations into sexual harassment complaints; and
  • require appropriate corrective action for violations of the sexual harassment policy.

In many cases, corrective action means immediate termination of the accused.

What happens if the accusation is false?

Employers can take no corrective action against the accused and can even discipline the complainant for a false complaint. However, the employer runs the risk that, if the accusation was true, the victim of the harassment can take it to court. Thus, employers often take no chances. They opt for firing the accused, who has limited rights under federal and state laws to challenge their termination.

Do the Wrongfully Accused have Any Rights?

Not directly. An employer is free to terminate an employee for no reason or even a bad reason, so long as it is not a reason prohibited by law. Discharging an employee based on a suspicion of improper behavior is not unlawful, even if the suspicion is not correct. Thus, the law does not prohibit an employer from taking the easy way out of a difficult situation by terminating the accused.

However, if the real reason for the discharge is unlawful, covering up the real reason with a false accusation of harassment can lead to employer liability.

When will an employer become liable for a false accusation of harassment?

A case in Wisconsin illustrates what can happen when an employer discharges a falsely accused employee for the wrong reasons. In the case of Mackenzie v. Miller Brewing Company:

  • A male manager told a female co-worker about a racy Seinfeld episode. In the story Jerry forgot the name of his date. Her named rhymed with a female body part. He eventually remembered that his date’s name was Dolores.
  • The female co-worker “didn’t get it,” so the male showed her the body part in an anatomically correct dictionary. She later complained to his supervisor that she was offended. He apologized. Company attorneys questioned him and the company fired him two hours later.
  • At trial, the jury (10 women, 2 men) did not believe that the female co-worker was actually offended by the Seinfeld discussion. Instead, the jury found that she had made similar and more graphic references at work; and
  • She had learned that she would soon report to him and did not want to do that. Moreover, the supervisor that she convinced to fire McKenzie had earlier intentionally interfered with McKenzie’s ability to obtain a promotion by telling upper management that he was not suitable for promotion, then lied to McKenzie about it.

The jury based its award on some unique features of Wisconsin law and the facts of this particular case. However, the resulting large verdict received significant media coverage. As a result, careful employers believe that they should respect the rights of the accused.

What should careful employers do to respect the rights of the accused?

First, someone accused of workplace misbehavior has the same rights as anyone else to be free from discrimination. An employer thus cannot punish the accused more harshly than someone outside of the accused’s protected class. In other words, if the accused is a 50-year-old manager and the owner has condoned the same or similar behavior by a younger member of management, the owner runs the risk of an age discrimination suit if it treat the 50-year-old manager more harshly.

Second, conduct a thorough investigation. An employer should not conduct a “Kangaroo Court” unless it wants a jury second guessing what the employer might have found if it had looked at all of the facts.

Third, an employer should act on a good-faith belief that the allegations are true before taking adverse employment action. If the employer does not believe that the accusation is true, a jury probably will not believe it either. Since a jury can base a finding of discrimination or retaliation on proof that an employer’s stated reason for termination is false, a false accusation can lead to discrimination or retaliation liability.

Fourth, an employer may not defame an employee. Although employers generally have a defense against defamation suits for disclosing an employee’s performance related information, the employer can lose that defense by maliciously publishing false information or by disclosing the false information to people who do not “need to know” the results of the investigation.

Fifth, an employer cannot conduct a criminal background check using an outside agency without an employee’s prior consent to the background check. Similarly, an employer cannot take action on a background check by by an outside agency before it notifies the employee of the result of the investigation. The right to consent to an investigation and to see the results of the investigation do not, however, apply to investigations conducted in-house by the employer or its attorney.

What should I do if I am wrongfully accused of harassment?

We suggest that you:

  1. Hire experienced employment counsel.
  2. Insist on a thorough, unbiased investigation.
  3. Object strenuously to witch hunts;
  4. Ask to see evidence or other support for a “good faith belief” that you engaged in sexual harassment or other inappropriate conduct;
  5. Obtain assurances that the investigation into the allegations are disclosed only on a “need to know” basis;
  6. Question whether the punishment, if any, is evenly applied.

What’s the bottom line? Will the laws protect me against a wrongful accusation?

Not always. At best, most safeguards against wrongful accusation are procedural or offer little actual protection.

However, if you are accused of sexual harassment, know your rights. Fortney Klingshirn has successfully represented hundreds of Cleveland, Akron and Northeast Ohio individuals and employers in sexual harassment and other employment matters. Contact us to see if we can help you.


Certified Nursing Assistant Salaries in Florida and by education, experience, Location and more #certified #nursing


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Florida Certified Nursing Assistant Salaries

  • What is the average Certified Nursing Assistant salary for Florida?

      How much does a Certified Nursing Assistant make in Florida. Florida Certified Nursing Assistant salaries vary greatly from town to town. See below for Certified Nursing Assistant salaries, bonus and benefits information for 26 cities in the Florida area.

      Performs various direct patient care activities under the supervision of a Registered Nurse. Assists patients in dressing or undressing, bathing, or eating. Collects non-invasive body fluid specimens or gathers vital signs but does not start or administer intravenous fluids. Aids physicians and nursing staff members with procedures if needed. Documents patient interactions as needed. Requires a high school diploma and certification from an accredited nursing assistant program. Familiar with standard concepts, practices, and procedures within a particular field. Relies on limited experience and judgment to plan and accomplish goals. Performs a variety of tasks. Works under general supervision. A certain degree of creativity and latitude is required. Typically reports to a registered nurse or manager.

      Alternate Job Titles: CNA, Certified Nursing Assistant
      Categories: Healthcare — Nursing


    Utah Tax Attorney #tax #problems, #irs,ogden #utah #and #salt #lake #city #utah #offer #in #compromise,


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    Paul Benson and Ammon Nelson are independent tax attorneys who help people resolve their tax issues. The IRS and the government have set up solutions to help people get back on the right track with their taxes. It is easy to get in trouble with the IRS since the tax code is so complex. We like read more

    Currently Not Collectible means that a taxpayer does not have the ability to pay his or her tax debts at this time. The IRS can declare a taxpayer currently not collectible, after the IRS is shown evidence that a taxpayer does not have the ability to pay. Such evidence is usually obtained from the taxpayer on IRS read more

    Contact A Tax Attorney Now

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    Thank You!

    As a Tax Attorney, I have helped taxpayers, both individuals and businesses, across the country negotiate a payment plan with the Internal Revenue Service. A payment plan, also called an Installment Agreement, is one of the quickest solutions that can be negotiated with the IRS. This is when you set up a payment plan that if you make your tax debt will be taken care of. In a payment plan you set up an agreed amount of payment that you make every read more

    Reasonable Cause is the most common IRS penalty relief program. The IRS Manual gives the following definition. “Reasonable cause relief is generally granted when the taxpayer exercises ordinary business care and prudence in determining their tax obligations but is unable to comply with those obligations.” This basically means something out of the control of the taxpayer has taken place that has prevented you from filing or paying your taxes on time. Also it must be shown that you took read more


    Project Manager – Construction Salaries by education, experience, location and more #project #manager, #construction #unemployment


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    Project Manager – Construction Salaries

    Alternate Job Titles: Project Manager – Construction, Construction Project Manager

    • What is the average annual salary for Project Manager – Construction?

        How much does a Project Manager – Construction make? The median annual Project Manager – Construction salary is $97,967. as of May 30, 2017, with a range usually between $85,391 – $110,396. however this can vary widely depending on a variety of factors. Our team of Certified Compensation Professionals has analyzed survey data collected from thousands of HR departments at companies of all sizes and industries to present this range of annual salaries for people with the job title Project Manager – Construction in the United States.

        This chart describes the expected percentage of people who perform the job of Project Manager – Construction in the United States that make less than that annual salary. For example the median expected annual pay for a typical Project Manager – Construction in the United States is $97,967, so 50% of the people who perform the job of Project Manager – Construction in the United States are expected to make less than $97,967.

        Source: HR Reported data as of May 30, 2017

        • About this chart

            This chart describes the expected percentage of people who perform the job of Project Manager – Construction that make less than that salary. For example 50% of the people who perform the job of Project Manager – Construction are expected to make less than the median.
            Source: HR Reported data as of June 2017

            Oversees and directs construction management. Communicates directly with contractors/designers concerning project cost, staffing, and scheduling. Prepares project status reports and works to ensure plans adhere to contract specifications. Requires a bachelor s degree in engineering with at least 7 years of experience in the field. Familiar with a variety of the field s concepts, practices, and procedures. Relies on extensive experience and judgment to plan and accomplish goals. Performs a variety of tasks. Leads and directs the work of others. A wide degree of creativity and latitude is expected. Typically reports to top management. View full job description


        Peter E # #louisiana, #new #orleans, #law #firm, #litigation, #construction #litigation, #construction #projects, #intellectual #property,


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        EDUCATION
        Tulane Law School, New Orleans, Louisiana, 1986, J.D.

        Vanderbilt University, Nashville, Tennessee, 1981, B.A.

        BAR COURT ADMISSIONS
        Louisiana

        PROFESSIONAL ASSOCIATIONS MEMBERSHIPS
        Louisiana State Bar Association
        American Bar Association
        New Orleans Bar Association
        Defense Research Institute
        New Orleans Medical Jurisprudence Committee
        International Association of Defense Counsel

        AWARDS & HONORS:
        Fellow, American College of Trial Lawyers

        The Best Lawyers in America-Medical Malpractice Law

        The Best Lawyers in America – ‘2013 Lawyer of the Year’ – Medical Malpractice/Defendants

        Louisiana Super Lawyer

        Leadership in Law Award-Top 50 Lawyers in New Orleans, 2007 & 2013

        COMMUNITY ACTIVITIES:
        Jewish Community Center
        – Board of Directors, 2004 – Present
        – Executive Committee, 2006 – Present
        – Secretary, 2010

        Southern Eyebank
        – Board of Directors, 2006 – Present
        – Vice President, 2009
        – President, 2010

        Anti-Defamation League
        – Board of Directors, 2007 – Present

        Ochsner Clinic Board of Pediatric Councilors, 2008-Present

        Jewish Family Services
        – Board of Directors, 2008-Present

        HeartGift New Orleans
        – Board of Directors, 2010
        – Vice Chairman

        Peter Sperling is a founding member of Frilot L.L.C. He leads the Medical Malpractice & Healthcare section at Frilot. For over 20 years, he has represented physicians in virtually every specialty, hospitals, medical schools, nurses, long-term care facilities, dentists and other healthcare providers in New Orleans and throughout Louisiana.

        Mr. Sperling understands the complexity of medicine and the ever-changing, highly-regulated healthcare industry. He is extremely familiar with the New Orleans and Louisiana court systems and has handled some of the most significant cases brought against medical professionals in the area. With a unique combination of medical knowledge and accomplished trial skills, Mr. Sperling has gained a strong reputation as a leading advisor in the New Orleans healthcare community.

        Mr. Sperling has shared his legal knowledge, experience and expertise with others through seminars, classes and articles. He routinely gives seminars and presentations to area hospital staffs and medical groups on topics such as proper charting and effective communication between healthcare practitioners and patients. Examples of publications and presentation topics include:

        Nursing Home Litigation in Louisiana: Defense Perspective

        Legal Aspects of Documenting in Medical Records

        Ethical Issues, Legal Liability in Your Practice

        Twenty Views Examining Louisiana Malpractice Law

        Medical Malpractice Handbook (Contributor), New Orleans Bar Association

        The Ten Never Evers of a Malpractice Case. Peter E. Sperling, J.D. and Neil Baum, M.D.

        Mr. Sperling has extensive trial and appellate experience. In recognition of his trial expertise, he is a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America.


        Wal-Mart, Target have raised the minimum wage #skechers #retailers


        #retail wages

        #

        Wal-Mart, Target have raised their minimum wage. Why not fast-food chains?

        The private sector minimum wage parade keeps marching on.

        Last week, Target announced that it would increase pay for all its workers to at least $9 per hour starting in April. That announcement comes on the heels of one made by Wal-Mart last month and after similar moves by TJX —parent company of T.J. Maxx, Marshalls, and Home Goods—Gap Inc. and Ikea.

        While retailers should be commended for paying workers more, the pile-on has brought attention to a key group of low-wage employers that have been noticeably absent from the discussion. Traditional fast-food restaurants haven’t made a peep.

        That’s not to say fast-food employers have been free of pressure from their workers and the public to bump up wages. The so-called Fight for 15 campaign has repeatedly hounded fast-food chains—most notably, McDonald’s—for their low pay, erratic hours, and most recently poor workplace safety .

        While worker advocates will tell you there s no excuse for the fast-food giants wage policies, a few facts help explain why retailers have been able to move faster on the issue.

        Hourly jobs in both the retail and food service sectors are certainly on the low end of the wage scale—retail sales workers make a median hourly pay of $10.29 ; food prep workers earn $9.28 —but when you take into account how many individuals in each industry earn the federal minimum wage, food service workers have it worse. According to a report released in March 2014 by the Bureau of Labor Statistic s, 4.3% of the hourly workers in the retail trade earned the federal minimum wage of $7.25 per hour or less (there are exceptions that allow employers to pay below the federal rate). Compare that to the leisure and hospitality sector, which includes employees who work in food and accommodation services. There, 19% of hourly workers are paid $7.25 an hour or less.

        Put a different way, there are 477,000 workers in sales and related occupations whose pay is at or below the minimum wage, according to the BLS; in food preparation and serving-related occupations, there are 1,540,000 such people, even though the sales sector has 700,000 more hourly workers. When Wal-Mart made its wage hike announcement, this trend was put on display. The retail giant disclosed that 6,000—or less than 1%—of its 1.3 million domestic employees received the federal minimum wage .

        In theory, retail stores also have an easier time raising wages because their labor costs—when compared to overall sales—are lower than at fast-food restaurants. In retail, labor costs represent 9% of total sales. In the more labor-intensive accommodation and food services sector, payroll costs account for 28% of sales .

        “Generally speaking, if Target or Wal-Mart raises [wages] to $9 or $10, the labor cost increase that it entails is smaller than if McDonald’s or Burger King did the same,” says Arindrajit Dube, an associate professor of economics at University of Massachusetts Amherst. Those labor costs figures also mean that retailers can more easily pass wage increases along to customers if they wish, since worker pay represents a smaller portion of all goods sold.

        Despite these factors, Dube expects the retailers recent wage increases to put pressure on fast-food chains to follow suit, the same way Wal-Mart s pay increase prompted Target to make a change (even after Target Chief Financial Officer John Mulligan said in February that rivals wage raises wouldn t sway the company to make similar changes .) They re all competing for the same workers, Dube says. There s lots of crossover between employees in the bottom end of retail and restaurants.

        The private sector minimum wage parade keeps marching on.

        Last week, Target announced that it would increase pay for all its workers to at least $9 per hour starting in April. That announcement comes on the heels of one made by Wal-Mart last month and after similar moves by TJX —parent company of T.J. Maxx, Marshalls, and Home Goods—Gap Inc. and Ikea.

        While retailers should be commended for paying workers more, the pile-on has brought attention to a key group of low-wage employers that have been noticeably absent from the discussion. Traditional fast-food restaurants haven’t made a peep.

        That’s not to say fast-food employers have been free of pressure from their workers and the public to bump up wages. The so-called Fight for 15 campaign has repeatedly hounded fast-food chains—most notably, McDonald’s—for their low pay, erratic hours, and most recently poor workplace safety .

        While worker advocates will tell you there s no excuse for the fast-food giants wage policies, a few facts help explain why retailers have been able to move faster on the issue.

        Hourly jobs in both the retail and food service sectors are certainly on the low end of the wage scale—retail sales workers make a median hourly pay of $10.29 ; food prep workers earn $9.28 —but when you take into account how many individuals in each industry earn the federal minimum wage, food service workers have it worse. According to a report released in March 2014 by the Bureau of Labor Statistic s, 4.3% of the hourly workers in the retail trade earned the federal minimum wage of $7.25 per hour or less (there are exceptions that allow employers to pay below the federal rate). Compare that to the leisure and hospitality sector, which includes employees who work in food and accommodation services. There, 19% of hourly workers are paid $7.25 an hour or less.

        Put a different way, there are 477,000 workers in sales and related occupations whose pay is at or below the minimum wage, according to the BLS; in food preparation and serving-related occupations, there are 1,540,000 such people, even though the sales sector has 700,000 more hourly workers. When Wal-Mart made its wage hike announcement, this trend was put on display. The retail giant disclosed that 6,000—or less than 1%—of its 1.3 million domestic employees received the federal minimum wage .

        In theory, retail stores also have an easier time raising wages because their labor costs—when compared to overall sales—are lower than at fast-food restaurants. In retail, labor costs represent 9% of total sales. In the more labor-intensive accommodation and food services sector, payroll costs account for 28% of sales .

        “Generally speaking, if Target or Wal-Mart raises [wages] to $9 or $10, the labor cost increase that it entails is smaller than if McDonald’s or Burger King did the same,” says Arindrajit Dube, an associate professor of economics at University of Massachusetts Amherst. Those labor costs figures also mean that retailers can more easily pass wage increases along to customers if they wish, since worker pay represents a smaller portion of all goods sold.

        Despite these factors, Dube expects the retailers recent wage increases to put pressure on fast-food chains to follow suit, the same way Wal-Mart s pay increase prompted Target to make a change (even after Target Chief Financial Officer John Mulligan said in February that rivals wage raises wouldn t sway the company to make similar changes .) They re all competing for the same workers, Dube says. There s lots of crossover between employees in the bottom end of retail and restaurants.


        Labour on review of minimum wage for Wholesale and Retail Sector #stores #with #sales


        #retail wages

        #

        Labour on review of minimum wage for Wholesale and Retail Sector

        Department of Labour engages Wholesale and Retail Sector to review minimum wage and conditions of employment

        With the Wholesale and Retail Sector multi-year Sectoral Determination coming to an end next January the Department of Labour is to begin a national consultative process to engage the industry on the modalities of setting a new multi-year minimum wage adjustment structure and discuss conditions of employment in the sector.

        The current Sectoral Determination comes to an end on 31 January 2016, and the new three-year Sectoral Determination is expected to kick-in on 1 February 2016. The national public hearings are targeted at all affected directly and indirectly including employers, employer organisations, employees, and trade unions to air their inputs.

        The Wholesale and Retail Sector Sectoral Determination review is in line with the Basic Conditions of Employment Act (BCEA), which empowers Labour Minister Mildred Oliphant to consult with stakeholders in the sector with the aim to source information in relation to the wage adjustment and conditions of employment. Issues that will be discussed during national public hearings include: discussing the structure of the new Sectoral Determination, allowances, leave structure and other issues.

        The Wholesale and Retail Sector Sectoral Determination affects various categories of workers which includes: cashiers, clerks, assistant managers, displayers, forklift operators, security guards, merchandisers, managers, sales assistants, sales persons, shop assistant supervisors and trainee managers.
        For the current Wholesale and Retail Sector Secotoral Determination which took effect from 1 February 2015 the minimum wage increased at rates between 6,1% to 8,1% in various job categories.

        The national Wholesale and Retail Sector roadshows are set to begin on 6 May 2015 simultaneously at the department’s East London Labour Centre Board Hill Street; and in George at the Council Chambers Eden District Municipality 54 York Street in the Western Cape. All the public hearings will be preceded a day before by a site visit to premises of organisations/companies operating in the sector(s).

        Both public hearings and site visits will start at 10am. The Wholesale and Retail Sector public hearings are set to end on 5 June 2015 in KwaZulu-Natal.


        Wal-Mart, Target have raised the minimum wage #retail #clothes


        #retail wages

        #

        Wal-Mart, Target have raised their minimum wage. Why not fast-food chains?

        The private sector minimum wage parade keeps marching on.

        Last week, Target announced that it would increase pay for all its workers to at least $9 per hour starting in April. That announcement comes on the heels of one made by Wal-Mart last month and after similar moves by TJX —parent company of T.J. Maxx, Marshalls, and Home Goods—Gap Inc. and Ikea.

        While retailers should be commended for paying workers more, the pile-on has brought attention to a key group of low-wage employers that have been noticeably absent from the discussion. Traditional fast-food restaurants haven’t made a peep.

        That’s not to say fast-food employers have been free of pressure from their workers and the public to bump up wages. The so-called Fight for 15 campaign has repeatedly hounded fast-food chains—most notably, McDonald’s—for their low pay, erratic hours, and most recently poor workplace safety .

        While worker advocates will tell you there s no excuse for the fast-food giants wage policies, a few facts help explain why retailers have been able to move faster on the issue.

        Hourly jobs in both the retail and food service sectors are certainly on the low end of the wage scale—retail sales workers make a median hourly pay of $10.29 ; food prep workers earn $9.28 —but when you take into account how many individuals in each industry earn the federal minimum wage, food service workers have it worse. According to a report released in March 2014 by the Bureau of Labor Statistic s, 4.3% of the hourly workers in the retail trade earned the federal minimum wage of $7.25 per hour or less (there are exceptions that allow employers to pay below the federal rate). Compare that to the leisure and hospitality sector, which includes employees who work in food and accommodation services. There, 19% of hourly workers are paid $7.25 an hour or less.

        Put a different way, there are 477,000 workers in sales and related occupations whose pay is at or below the minimum wage, according to the BLS; in food preparation and serving-related occupations, there are 1,540,000 such people, even though the sales sector has 700,000 more hourly workers. When Wal-Mart made its wage hike announcement, this trend was put on display. The retail giant disclosed that 6,000—or less than 1%—of its 1.3 million domestic employees received the federal minimum wage .

        In theory, retail stores also have an easier time raising wages because their labor costs—when compared to overall sales—are lower than at fast-food restaurants. In retail, labor costs represent 9% of total sales. In the more labor-intensive accommodation and food services sector, payroll costs account for 28% of sales .

        “Generally speaking, if Target or Wal-Mart raises [wages] to $9 or $10, the labor cost increase that it entails is smaller than if McDonald’s or Burger King did the same,” says Arindrajit Dube, an associate professor of economics at University of Massachusetts Amherst. Those labor costs figures also mean that retailers can more easily pass wage increases along to customers if they wish, since worker pay represents a smaller portion of all goods sold.

        Despite these factors, Dube expects the retailers recent wage increases to put pressure on fast-food chains to follow suit, the same way Wal-Mart s pay increase prompted Target to make a change (even after Target Chief Financial Officer John Mulligan said in February that rivals wage raises wouldn t sway the company to make similar changes .) They re all competing for the same workers, Dube says. There s lots of crossover between employees in the bottom end of retail and restaurants.

        The private sector minimum wage parade keeps marching on.

        Last week, Target announced that it would increase pay for all its workers to at least $9 per hour starting in April. That announcement comes on the heels of one made by Wal-Mart last month and after similar moves by TJX —parent company of T.J. Maxx, Marshalls, and Home Goods—Gap Inc. and Ikea.

        While retailers should be commended for paying workers more, the pile-on has brought attention to a key group of low-wage employers that have been noticeably absent from the discussion. Traditional fast-food restaurants haven’t made a peep.

        That’s not to say fast-food employers have been free of pressure from their workers and the public to bump up wages. The so-called Fight for 15 campaign has repeatedly hounded fast-food chains—most notably, McDonald’s—for their low pay, erratic hours, and most recently poor workplace safety .

        While worker advocates will tell you there s no excuse for the fast-food giants wage policies, a few facts help explain why retailers have been able to move faster on the issue.

        Hourly jobs in both the retail and food service sectors are certainly on the low end of the wage scale—retail sales workers make a median hourly pay of $10.29 ; food prep workers earn $9.28 —but when you take into account how many individuals in each industry earn the federal minimum wage, food service workers have it worse. According to a report released in March 2014 by the Bureau of Labor Statistic s, 4.3% of the hourly workers in the retail trade earned the federal minimum wage of $7.25 per hour or less (there are exceptions that allow employers to pay below the federal rate). Compare that to the leisure and hospitality sector, which includes employees who work in food and accommodation services. There, 19% of hourly workers are paid $7.25 an hour or less.

        Put a different way, there are 477,000 workers in sales and related occupations whose pay is at or below the minimum wage, according to the BLS; in food preparation and serving-related occupations, there are 1,540,000 such people, even though the sales sector has 700,000 more hourly workers. When Wal-Mart made its wage hike announcement, this trend was put on display. The retail giant disclosed that 6,000—or less than 1%—of its 1.3 million domestic employees received the federal minimum wage .

        In theory, retail stores also have an easier time raising wages because their labor costs—when compared to overall sales—are lower than at fast-food restaurants. In retail, labor costs represent 9% of total sales. In the more labor-intensive accommodation and food services sector, payroll costs account for 28% of sales .

        “Generally speaking, if Target or Wal-Mart raises [wages] to $9 or $10, the labor cost increase that it entails is smaller than if McDonald’s or Burger King did the same,” says Arindrajit Dube, an associate professor of economics at University of Massachusetts Amherst. Those labor costs figures also mean that retailers can more easily pass wage increases along to customers if they wish, since worker pay represents a smaller portion of all goods sold.

        Despite these factors, Dube expects the retailers recent wage increases to put pressure on fast-food chains to follow suit, the same way Wal-Mart s pay increase prompted Target to make a change (even after Target Chief Financial Officer John Mulligan said in February that rivals wage raises wouldn t sway the company to make similar changes .) They re all competing for the same workers, Dube says. There s lots of crossover between employees in the bottom end of retail and restaurants.


        Labour on review of minimum wage for Wholesale and Retail Sector #toy #retailers


        #retail wages

        #

        Labour on review of minimum wage for Wholesale and Retail Sector

        Department of Labour engages Wholesale and Retail Sector to review minimum wage and conditions of employment

        With the Wholesale and Retail Sector multi-year Sectoral Determination coming to an end next January the Department of Labour is to begin a national consultative process to engage the industry on the modalities of setting a new multi-year minimum wage adjustment structure and discuss conditions of employment in the sector.

        The current Sectoral Determination comes to an end on 31 January 2016, and the new three-year Sectoral Determination is expected to kick-in on 1 February 2016. The national public hearings are targeted at all affected directly and indirectly including employers, employer organisations, employees, and trade unions to air their inputs.

        The Wholesale and Retail Sector Sectoral Determination review is in line with the Basic Conditions of Employment Act (BCEA), which empowers Labour Minister Mildred Oliphant to consult with stakeholders in the sector with the aim to source information in relation to the wage adjustment and conditions of employment. Issues that will be discussed during national public hearings include: discussing the structure of the new Sectoral Determination, allowances, leave structure and other issues.

        The Wholesale and Retail Sector Sectoral Determination affects various categories of workers which includes: cashiers, clerks, assistant managers, displayers, forklift operators, security guards, merchandisers, managers, sales assistants, sales persons, shop assistant supervisors and trainee managers.
        For the current Wholesale and Retail Sector Secotoral Determination which took effect from 1 February 2015 the minimum wage increased at rates between 6,1% to 8,1% in various job categories.

        The national Wholesale and Retail Sector roadshows are set to begin on 6 May 2015 simultaneously at the department’s East London Labour Centre Board Hill Street; and in George at the Council Chambers Eden District Municipality 54 York Street in the Western Cape. All the public hearings will be preceded a day before by a site visit to premises of organisations/companies operating in the sector(s).

        Both public hearings and site visits will start at 10am. The Wholesale and Retail Sector public hearings are set to end on 5 June 2015 in KwaZulu-Natal.