Disasters: Payroll, Benefits, and Alternative Worksites
In the last issue of CED, we considered non-exempt compensation challenges during emergency closings. Today, we’ll look at exempts and some related hassles.
Archives
Texting While Driving—Expensive (Not to Mention Dangerous)
Special from Atlanta–SHRM Annual Conference and Exhibition Your employees are doing compensable work on their handhelds after hours, says attorney Joseph Beachboard, and many of then are doing while they are driving. Beachboard, who is a shareholder in the Los Angeles and Torrence, California offices of national employment law firm Ogletree, Deakins, Nash, Smoak & […]
High-profile Supporters to Push SEC for Higher Fiduciary Standards in Sept. 11 Meeting
Twelve well-known U.S. financial services industry figures will meet Sept. 11 with the chairman of the Securities and Exchange Commission to discuss their “Fiduciary Declaration,” which will urge Congress and the agency to heighten protection for those receiving investment advice. The declaration, to be signed by Paul Volcker, John C. “Jack” Bogle, Sheila Bair and […]
New Tennessee unemployment law makes changes helpful to employers
By Kara E. Shea Tennessee’s Unemployment Insurance Accountability Act, which takes effect September 1, amends the state’s unemployment statute in ways helpful to employers. For instance, the new law defines what constitutes “making a reasonable effort to secure work” for the purposes of unemployment insurance eligibility. It specifies that “making a reasonable effort to secure […]
“Buzz Off!” Train Outdoor Workers to Battle Mosquitoes
Give workers these safety recommendations from the Centers for Disease Control and Prevention (CDC) on using safety repellents: Always follow the instructions on the product label. Apply repellents only to exposed skin and/or clothing (as directed on the product label.) Do not use repellents under clothing. Never use repellents over cuts, wounds, or irritated skin. […]
Seizing opportunities
Recently, I wrote about the importance of consistent, dedicated effort on a daily basis, quoting Woody Allen, “90 percent of success is showing up.” Some might ask, as they have, “Doesn’t it take more than having your butt in a chair?” Of course it does. Consider a student with perfect attendance. She’s at school each […]
Police Chief Still an Executive Under FLSA Even While Walking the Beat, Says VT Superior Court
A former police chief in Vermont was correctly classified as exempt under the Fair Labor Standards Act’s executive exemption — despite the fact that he frequently had to perform patrol work — because the bulk of his duties were still considered managerial, the Vermont Supreme Court ruled Aug. 10. In spite of his status as […]
When do employees have a duty to mitigate termination claim?
by Keri Bennett It has been a fundamental principle of employment law that terminated employees generally have an obligation to seek alternate employment to minimize or mitigate their resulting losses. Their right to get from the terminating employer the pay they would have received during a period of reasonable notice is usually net of any […]
USI Advisors to Pay $1.3 Million to 13 DB Plans Over Mutual Fund Fee Disclosure
A Connecticut-based fiduciary investment adviser agreed in a settlement to pay about $1.3 million to 13 pension plans to resolve alleged ERISA violations related to mutual fund fees the firm received. USI Advisors Inc. made investments in mutual funds on behalf of ERISA-covered defined benefit plan clients and received 12b-1 fees from those funds, according […]
Fears of Increased ‘Leakage’ Drive Efforts to Insure, Toughen Retirement Plan Borrowing
Concerns are mounting in the United States about the increase in retirement plan “leakage” — hardship early withdrawals and loans being taken against such plans during tough economic times. As more Americans deplete their retirement savings to meet emergency expenses resulting from long-term unemployment, tightened credit or high medical expenses, policy makers are seeking ways […]