Practical HR Tips, News & Advice. Updated Daily.
The Administrative Exemption: it’s where the greatest number of employers go wrong and no surprise, says attorney Susan G. Fentin—it’s the broadest and most ambiguous exemption of them all. In yesterday’s Advisor, Fentin helped us understand the huge dollar risks in mistaken exemption decisions. Today, how to determine if your employees meet the tricky administrative […]
According to a recent study, uneven enforcement of the Fair Labor Standards Act — lax in some places and more stringent in others — leaves employers confused about the extent of their liability for wage and hour violations. The study, released by the Nelson A. Rockefeller Institute of Government, calls for more enforcement consistency to […]
Strand, owner of consultancy HR Dynamics Inc., offered his comments on the three methods at a recent webinar hosted by BLR/HRhero. Ranking Method This is non-quantifiable and subjective, but is a basic simple approach, says Strand. You arrange all jobs in rank order of their relative duties, responsibilities, qualification requirements, that is, their “importance” to […]
“I’ve been reading Walter Isaacson’s biography of Steve Jobs,” notes business and leadership blogger Dan Oswald. “It’s an interesting read because Jobs was a fascinating character. Jobs was a polarizing figure, revered by many and hated by others. But regardless of how anyone might feel about him, there’s no denying the man was a creative […]
In exemption misclassification cases, damages can be huge, says attorney Susan G. Fentin, and lawyers are lining up to bring suits against your organization. Fentin, who is a partner in the Springfield, MA offices of labor and employment firm of Skoler, Abbot & Presser, P.C., is Associate Editor of the Massachusetts Employment Law Letter. She […]
Whether an employee is exempt from the FLSA has been a turbulent topic this year, as both DOL and Congress have been issuing proposals and bills regarding exempt jobs. DOL has been involved with the status of pharmaceutical representatives, in-home caregivers and children working on farms. Although no changes have yet been made to the […]
By Allen Kato, Fenwick & West LLP Why should you conduct an exemption audit in California? Employee claims alleging they are misclassified as exempt from overtime (brought as individual claims or class-action lawsuits) are the lawsuit of the day. For example, in March 2012, a California court approved a $35 million settlement by Oracle involving […]
Yesterday, we looked at a case involving a returning military service member who was terminated upon coming back to work. While that particular employee lost his case against his supervisor, the general rule is that you must reinstate returning service members. Today, we’ll look at some exceptions to this rule.
By Sean McGurran and Marisa Victor The recent decision in Drake v. Blach in the Ontario Superior Court provides a good example of how not to go about firing an employee. It provides a good lesson on how employment law in Canada will come to the rescue of a wronged employee. Background The case involves […]
Recently, we had an interesting discussion in our weekly executive meeting. At our company, we’re just wrapping up our annual performance evaluations. We were talking about how the process went this year and what we could do to improve it. One of our senior team members said our evaluation system can actually hurt morale. Here’s […]