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Michelle Montoya

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Preventing Remote Employee Burnout

Apr 27, 2020 9:15:00 AM / by Michelle Montoya posted in work from home, burnout, shelter in place, manage workload hours, work life balance, address employee concerns

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If you’re anything like me,  when Governor Newsom announced the stay-in-place restrictions, you found it disconcerting, but looked at how your company would continue forward with optimism.  “This will just be a couple weeks.  We can do it.  My team is strong. Working from home will be a new adventure!” But now that we are looking at six weeks with no set return date in sight, and you see first-hand the financial devastation this pandemic is bringing, it’s taking a real effort to keep that optimism in place.  And an even bigger effort to ensure your employees stay productive and avoid burnout.

We have done lots of things at Filice to keep our employees engaged…many thoughtful and some silly…but all with a goal of doing our best to help our team navigate this difficult time, so that they can help our clients do the same. 

And me?  When I am overwhelmed I write.  So check out my newest 

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article on helping your employees avoid burnout.  And let me know your thoughts and suggestions.  We all need good ideas.  Please share them if you have them.

Download the PDF or read the full blog below.

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Preventing Remote Employee Burnout

The shift to telecommuting and the use of some amazing technology has made it possible for employees to work at home while staying safe and preventing the spread of COVID-19, but after five weeks, it has also created more than a few challenges.  Employees at all levels are showing signs of increased stress and burnout is becoming a real concern.

 

What is burnout?

Burnout is a state of emotional, physical, and mental exhaustion caused by excessive and prolonged stress. It occurs when people feel overwhelmed, emotionally drained, and unable to meet constant demands.

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California SDI and PFL Benefits Increase in January 2018

Aug 24, 2017 3:00:00 PM / by Michelle Montoya posted in hr compliance, California, California Employees, California Employers

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The DOL Weighs In On Independent Contractor Classifications

Jul 16, 2015 12:33:58 PM / by Michelle Montoya posted in hr compliance, Independent Contractor, independent contractor classification, U.S. Department of Labor, classification process, "economic realities" test, Employee, Employee or Independent Contractor, Fair Labor Standards Act, independent contractor classifications, Michelle Montoya

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Employers have long grappled with the delicate balancing act of employee and independent contractor classifications, and recent high-profile court cases served to renew focus on the matter.  On Wednesday, July 15, the U.S. Department of Labor (DOL) joined the discussion with the issuance of what it calls a "litmus test" for employers to use in the classification process.

The guidelines seek to clarify, not change, existing law under the Fair Labor Standards Act, and specifically expand upon the "economic realities" test employers are to use when classifying a worker as an independent contractor.  Under this test, factors such as the employer's degree of control over the worker and work product, the permanence of the work relationship, and the level of skill required of the worker are to be considered as a whole.

While greater clarity has long been desired by employers who struggle with classification questions, the guidelines may not be welcome relief.  The guidelines place greater weight on employee classification and make the bona fide classification of an independent contractor more unlikely.  This expansion of the definition of an employee is not surprising given the DOL's aggressive approach that employee misclassification deprives workers of important benefits such as overtime pay and workers' compensation.  The new guidelines all but guarantee the critical oversight will continue, particularly in industries that rely heavily on independent contractor relationships.

Independent contractors can continue to be a worthwhile solution for many businesses. However, in light of the guidelines, employers will be wise to revisit independent contractor classifications and confirm that the relationships pass muster under the refined "economic realities" test.

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DOL Releases Proposed Changes to FLSA Overtime Regulations

Jun 29, 2015 3:16:38 PM / by Michelle Montoya posted in Federal Register, hr compliance, overtime pay, U.S. Department of Labor, extend overtime protections, Fair Labor Standards Act, Michelle Montoya, overtime regulations, Wage and Hour Division of the U.S. Department of L

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On June 30, 2015, the Wage and Hour Division of the U.S. Department of Labor (DOL) released a proposed rule to update overtime regulations under the Fair Labor Standards Act (FLSA). Specifically, the proposal will update the definition that determines which white collar workers are eligible to receive overtime pay.

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The Silliness of Pay-or-Play Calculators

Jun 7, 2013 8:41:04 AM / by Michelle Montoya posted in ACA, Affordable Care Act, Michelle Montoya, pay-or-play, rewards, risks

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As the resident health care reform geek, I get questions from our clients every day regarding various articles they read or emails they received about the Affordable Care Act (ACA.)  Most are very good questions (it’s a complex law), but all too often the question is coming from an email that was designed to scare them so the sender can sell them something.  The one I find most absurd is the concept of Pay-or-Play.  “You need to meet with us because we have a calculator that tells you if you need to Pay-or-Play!”

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Can We Make FMLA Easier?

Feb 15, 2013 7:59:08 AM / by Michelle Montoya posted in hr compliance, FMLA, FMLA leave, HR Professionals, Michelle Montoya

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There is no law that strikes more fear in the hearts of HR Professionals than FMLA. While most of us agree with the concept of giving time off to employees to care for themselves and their family members, the plethora of forms, constantly evolving regulations and general employee confusion make it almost impossible to manage employee leaves in a smooth and consistent basis. On top of that, California has its own version…which, of course, has to work just a little bit differently.

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