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Fight Continues Against Tax on Private Flights

Employers that operate private airplanes for the use of their executives may want to stay tuned to some controversy over a recent IRS legal memorandum outlining the tax collector’s stance on aircraft management fees. The IRS shared its views on federal excise tax in Chief Counsel Advice Memorandum 201210026, which concludes that the tax applies […]

Goal Setting with the “SMART” Model

Dorf, who is managing director of Compensation Resources, Inc. in Upper Saddle River, NJ., recommends following the SMART approach in developing goals: Specificity Measurement Attainability Results-oriented Timing Remember, says Dorf, sometimes the pay-for-performance goal is a milestone, not the full completion of a project. For example, he says, he worked with a client that was […]

California Noncompete Agreements: What Is Allowed?

California noncompete agreements are basically void. California’s legislature routinely passes its own version of federal laws, often with crucial differences that can trip up multistate employers. Noncompete agreements are one such topic. While most states do not give employees protection (or only do so by limiting the scope of these agreements), they’re generally not allowed […]

Recouping FMLA Premiums—Legal, But Not Necessarily Easy

When an employee fails to return from FMLA leave, for at least 30 calendar days, the employer may demand payment of its share of the health premiums paid during the leave. However, that may not be easy, and it may not be sensible. Most state wage and hour laws do not permit an employer to […]

Nonexempt vs. Exempt Classification: Are Salaried Employees Automatically Exempt?

When considering whether your workers are nonexempt vs. exempt, it’s tempting to classify all salaried employees as exempt employees by default. However, doing so would be a mistake because, while having a salary basis is an essential component of some of the most commonly-applied exemption categories, this is not the sole determining factor. In a […]

If David Wallace is Back, Can Michael Scott Be Far Behind?

Well, of course not. Steve Carell is much too much of a star now to make the move back to TV. (Quick: Can you name the actor who portrays David Wallace? Neither could I. His name is Andy Buckley.) Nevertheless, and as much as I love Ed Helms as Andy Bernard, it’s fun to think […]

Don’t Be An %#*hole!

By Stephen D. Bruce, PHR Editor, HR Daily Advisor A colleague recently suggested I read the book, The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t ., says business and leadership blogger Dan Oswald. Maybe I should have asked what his motives were in suggesting that I read this particular book. […]

House to Vote on Bill to Repeal OTC Rules

Legislation that would repeal health reform rules limiting the reimbursement of over-the-counter medications is inching closer to passage. On June 5, the Restoring Access to Medication Act (H.R. 5842) was placed on the House calendar, so the full House will soon vote on the measure. The Ways and Means Committee on May 31 ordered the […]

Pregnancy and Discrimination: Are Your Practices Compliant?

Pregnancy and Discrimination: Are Your Practices Compliant? Most employers know that pregnancy and discrimination do not mix. But unfortunately it still occurs too often, though not always intentionally. According the Bureau of Labor Statistics, nearly half of the U.S. workforce is comprised of women, and out of that group, roughly 80 percent are or will […]

Full 9th Circuit Refuses to Review California’s Same-sex Marriage Ban

Employers can expect continued uncertainty regarding whether they will need to adjust their plans, documents and policies to accommodate same-sex spouses. The 9th U.S. Circuit Court of Appeals on June 5 refused a petition that the full bench of the court rehear Perry v. Brown, Nos. 10-16696, 11-16577. That lets stand the ruling by a […]