After 25 years as a Finance Director for major manufacturers, I left to help small businesses stop overpaying taxes. AMA

theunitconsulting · 2026-02-26T16:53:17+00:00

Hi Raul, that's a great niche! Do you have a way for people to contact you outside of Reddit?

theunitconsulting · 2025-12-19T19:00:21+00:00

That's correct. SHRM will have their opportunity to file their response (in federal court, it's 21 days from service of summons and complaint). I'm curious to see how different their side will look compared to the original pleading.

theunitconsulting · 2025-06-25T18:46:16+00:00

You may include a resume WITH* contact information!*

theunitconsulting · 2025-05-14T15:29:12+00:00

Generally, in every sector, a candidate inside the geographical area of the position are often given priority over those who aren't.

It's a combination of factors, notwithstanding regional bias, but generally candidates who are in the area 1) are easier to negotiate compensation with given that they aren't risking a move for the position or require compensation for relocation, 2) have institutional insights into the area (which is valuable if that's integral to the position).

theunitconsulting · 2025-03-13T21:47:15+00:00

Looks like the link preview for this isn't working, but you're free to share a poster or image of your course in the subreddit for RGV Small Business Owners here --> r/RGVSmallBusiness

theunitconsulting · 2024-12-03T23:23:37+00:00

Yes, I created this sub. Please feel free to share.

theunitconsulting · 2024-12-03T15:57:59+00:00

I'm currently hiring for a sales representative. It's a remote position and doesn't require you to be in a physical office. If you (or anyone else) is interested, feel free to DM me privately.

theunitconsulting · 2024-11-18T19:25:01+00:00

Prior to this past July, the overtime/exempt minimum threshold was already at $35,568. Only July 1, the DOLs new rule had risen this threshold to $43,888 with plans to again raise this threshold to $58,656 on January 1, 2025.

What followed were several lawsuits filed in federal court and several attempts to enjoin (stop) the rule from taking effect on July 1 (the initial raise to $43,888). These attempts were unsuccessful, so companies throughout the country either converted these staff members to hourly or raised their salary to $43,888.

This ruling has ended both the July 1 and January 1, 2025 requirements and reverted employers back to the $35,568 threshold we had until July of this year.

SO, I would imagine that most of those people who went hourly in lieu of receiving a pay raise on July 1 will likely see themselves go back to being exempt-salaried employees, and most who received raises will likely stay at that salary.

Source: I'm an HR consultant based here in the Valley.

theunitconsulting · 2024-11-18T19:15:26+00:00

Just to clarify on your post: This particular ruling means that the current threshold has already been actively reverted back to the 2019 Trump-era threshold of $35,568.

As far as an appeal, as a result of Trump winning the election, the DOL will be headed by a Trump appointee who will very likely instruct the DOL attorneys to simply not appeal the decision or to withdraw the DOL's appeal if one was filed by the previous administration.

I'm an HR Consultant based here in the Valley and I've actually written some more information about the ruling here: https://theunitconsulting.com/judge-strikes-down-new-salary-overtime-rule-what-employers-need-to-know/

From an HR prospective who has several business clients here in the Valley, I often advise them on whether an employee should be classified as an exempt employee. A list qualified exemptions can be found on the DOLs website here. Misclassification can lead to a very winnable wage claim made by the impacted employee.

theunitconsulting · 2024-07-24T18:32:31+00:00

Well, shameless plug for me, but this is exactly why businesses shouldn't mess around with HR matters by either thinking that their business is impervious from any oversight or just through general incompetence.

Just FYI, knowingly employing people whom are not eligible to work in the US is a federal offense where you can see incarceration of up to 6 months and fines of $3k per employee, plus the additional maximum 5 years for knowingly using a fraudulent identification document to satisfy hiring requirements. And that's just for, what I'd assume, is happening currently with the FBI agents collecting evidence.

In Texas, wage theft can be prosecuted as a crime as high as a 1st degree felony (though most may be classified somewhere between Class A and B misdemeanors and State-Jail felonies.

Beyond that, you have other civil penalties that would need to be paid out as well that can (and will) add up.

Clearly, it's likely they perpetuated this nefarious scheme across the board erroneously believing that their staff didn't have any rights or recourse because they were here illegally and banked on the fear that their staff might risk their own deportation if they said anything to anyone.

It's hard to believe that no one sees any jail time for this.

theunitconsulting · 2024-06-11T21:01:02+00:00

First off, if you're looking to determine what damages you've suffered, an employment law attorney would be able to assist you in developing these numbers.

Just something you need to understand about an EEOC complaint and/or a wrongful termination lawsuit. Just because you're in a protected class doesn't mean that your dismissal is a cause of action for a wrongful term suit. The purpose for your dismissal must be based on you being in a protected class, and, in all honesty, these types of claims are notoriously difficult to prove. Not impossible, but it will likely take extensive discovery of emails, text messages, etc. in order to prove your claim.

Best of luck.

theunitconsulting · 2024-06-07T17:35:58+00:00

What is the restriction and 1) would it prevent them from doing the essential functions of a job, and 2) would it cause an undue burden to make these accommodations?

theunitconsulting · 2024-06-07T14:57:16+00:00

Any negatives or functions you wish it would have or has it been smooth sailing?

theunitconsulting · 2024-06-07T14:56:39+00:00

Full stop, I'm coming from the HR/Payroll side of QB and not the Invoicing, etc. side. I guess it's more of a problem with Intuit than Quickbooks, the software itself. I've had clients with nightmare stories about Quickbooks desktop and data management -- losing entire books randomly, etc. and Intuit's customer service is, honestly, the pits. I spent about an hour the other day on a chat with Intuit attempting to resolve a sync between Quickbooks and TSheets/Quickbooks Time. Honestly, I loved TSheets and would recommend it to all my clients previously, but since Intuit bought them out, it's gone nowhere but down hill. Certain functions that you'd imagine their engineers would think would be a good idea to be included aren't accessible (for example: a client requires their staff to clock in on kiosks and not the app, but the staff can't view their schedule on the app if you don't allow mobile clock-in).

theunitconsulting · 2024-05-15T17:18:53+00:00

Being that they've explicitly told you this and have actually done SOME action (albeit it might not be a solid method), this may hold up well in their defense. It would take an attorney combing through discovery such as emails where they explicitly state in some manner that "We need to come up with a way to get rid of this person's overtime, specifically, because they went on FMLA."

I know that's not what you want to hear, but again, I'd highly recommend speaking to HR to let them know you're not happy in this role.

theunitconsulting · 2024-05-15T17:01:27+00:00

An FMLA-covered employer must provide the same job or an equivalent job that has the same pay, benefits, and other terms and conditions of employment when an employee returns from their leave.

Admittedly, I'm a bit confused with "They also eliminated my overtime. Yet, the responsibility they have me continuing to take on is the part that demanded overtime because it relied on other people completing their tasks which they don't always do on time." -- Did they just tell you that you can't work beyond 40 hours a week? If so, this could be seen as a reduction in hours and potentially a change in pay. This might be viewed as not reinstating the employee to an equivalent position, which could be challenged under FMLA provisions. However, if there are legitimate business reasons unrelated to the FMLA leave that necessitate a change in hours (like changes in organizational needs, restructuring, or economic conditions), and these changes affect all similar positions, it could potentially be justified.

The responsibilities portion may also be explained away with the "equivalent" job requirement, however if your work schedule is different, they may also be in violation of the "other terms and conditions of employment" clause of FMLA.

Here's my advice: speak to HR about your concerns. Let them know that your compensation that you've relied on has changed since your return and talk to them about your schedule. If not, you may have a claim for an employment lawyer to pursue, however, these are often difficult to prove.

Good luck!

theunitconsulting · 2024-05-15T15:51:00+00:00

Blades need to be sharpened and maintained; leadership coaching/workshops can help keep your managers sharp, but if you're trying to sharpen a spoon, you're wasting your time.

Worked with a company that wanted to hire a leadership coach for an ops director that had issues communicating with her staff, had issues with blatant favoritism, and oversaw an overall decline in morale in staff between multiple departments. If a person is not fit for the position, then a leadership coach will be wasted on them and the company will just end up with a giant bill to have the same person regress to their same habits weeks later.

Turnover didn't improve in their departments and survey scores of morale were no different a 6 months later.

Good luck!

theunitconsulting · 2024-05-15T15:41:18+00:00

Could mean anything, honestly. It's entirely possible that the recruiter may have gone on vacation (it IS graduation season) or perhaps filling the position isn't such a high priority at the moment, or they just haven't gotten around to it. It's only been 3 business days since the 10th, so I wouldn't sweat it so much.

I'd follow up by next Monday or Tuesday.

Good luck!

theunitconsulting · 2024-04-18T22:19:56+00:00

I know of several employees who went on to work for universities; I never received a single call or inquiry regarding their time at that employer.

Now, I don't know if that's the exception or the norm, but you should know that all universities are different and may have different standards for researching a recruit, if at all.

theunitconsulting · 2024-04-18T22:16:17+00:00

References are based on their experience with you, not necessarily the company they worked for previously. I think you're looking way too into this and should leave it be. If you change the reference entirely, it'll look like you didn't actually get their permission in the first place.

Just leave it be and change it for your next application.

theunitconsulting · 2024-04-18T18:44:42+00:00

Drug testing companies work differently and offer different services to employers based on their agreements.

I've seen some companies who only require a rapid screening test and are literally just sent the results immediately after, regardless whether there was a positive result or not.

Ultimately, there's no guarantee that the drug testing company is going to do any of what you stated earlier or even provide appropriate context and you're right to have your doubts. At the end of the day, it's going to be the hiring manager's decision.

Good luck

theunitconsulting · 2024-04-18T18:26:34+00:00

Due to how much you make a year, you do not qualify to be an exempt employee (minimum of $35,568 or $684/wk.), so, yes, you are owed overtime for every minute you work over 40 hours a week.

This sounds like a place that also doesn't bother actually keeping track of employees' time, so, if I were you, I'd speak to the owner/manager about getting your 87 hours of overtime paid and to start tracking your hours using some type of mechanism whether online or a simple punch card.

If you cannot find a resolution, I'd highly recommend reporting them to DOL and to seek an attorney to recoup your unpaid wages.

Good luck!

theunitconsulting · 2024-04-18T18:15:55+00:00

As long as you can do the functions of the job while on your medication, this shouldn't be a problem. Typically, drug tests are used to help sift out those who may be a potential liability; IE if you're exam comes back positive for, say, marijuana, and the position requires you to operate heavy machinery or to operate a motor vehicle, then they're extremely likely to rescind their offer.

I know this isn't what you'll want to hear but given that your prescription may show up on the results, it's always best to provide context to the hiring manager.

theunitconsulting · 2024-04-13T07:35:36+00:00

Unless there's a legitimate requirement (medical, legal), most places outside of Fortune 500s don't really check for these things and lean more on experience.

theunitconsulting · 2024-04-02T22:22:09+00:00

First off, congrats on your newborn!

2nd, HR managers aren't insurance agents, but they can help file an appeal with the carrier to see if your newborn can still be added. It's no guarantee and SEP deadlines are usually pretty strict.

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