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High Salary + RIF = Age Discrimination Claim

By Robert P. Tinnin, Jr. Q As a result of the economic downturn, we must lay off approximately half of our workforce. In considering whom we should select, it occurs to me that we could save the most money by laying off higher-salaried, nonmanagement employees. However, our higher-salaried employees tend to have the most seniority […]

May 2011: Older Americans Month

In 1963, President John F. Kennedy designated May as Senior Citizens Month, encouraging the nation to pay tribute in some way to older people across the country. In 1980, a proclamation by President Jimmy Carter changed the name to Older Americans Month, a time to celebrate those 65 and older through ceremonies, events, and public […]

No Background Screening? Call Yourself ‘Defendant’

Every employer has a legal duty to exercise due diligence in hiring, says attorney Lester Rosen. What If you don’t do background screening? According to a recent California survey, Rosen says, employers lose 60 percent of negligent hiring cases with verdicts averaging about $3 million, and average settlements around $500,000 plus attorney fees. An employer […]

Paying Lip Service to Sexual Harassment

Having a sexual harassment policy won’t do your company any good if the procedures are never implemented. Take the case of an employee who became the victim of severe steady sexual harassment from one of her managers. When she complained about the incidents to management, they simply shrugged it off. Since he made a lot […]

Delaware Becomes Seventh State to Approve Same-Sex Civil Unions

by Lauren A. Moak and Adria B. Martinelli Beginning January 1, 2012, Delaware will allow same-sex civil unions and also will recognize similar unions performed in other states. Yesterday, the Delaware House of Representatives approved Senate Bill 30, a bill that establishes and recognizes same-sex civil unions while also requiring that the word “marriage” where […]

The Vicker(s) Cometh

Tonight truly marked the beginning of the end for Michael Scott, as a new Scranton branch manager made his first appearance. Deangelo Vickers, played by Will Ferrell, started out with a Michael-esque quality of lovable dope, but it soon became apparent Deangelo Vickers is no Michael Scott. It became apparent when he asked Erin to change the […]

Random Thoughts on FLSA Administrative Exemption

by Kara E. Shea I’ve been working with several clients lately on Fair Labor Standards Act (FLSA) compliance issues — specifically, on exemption classification audits. During an audit, I review all the jobs an employer has deemed exempt from overtime under the FLSA and try to decide whether the positions have been correctly classified. It’s […]

Most Prevalent Incentive Payments? Survey Says …

Approximately one-third of employers report that their organizations supplement wages and salaries with cash incentives in the form of individual or team awards, spot bonuses, and similar payments, according to a recent survey of Cash Compensation practices conducted by BLR. Long term incentive bonuses were most frequently reported to be paid to employees at the […]