Category: Benefits and Compensation

This topic provides guidance on how to handle compensation issues in a way that attracts and retains the best talent and advances the strategic goals of your business. You get news and tips on what’s going on nationally and in the states, and updates on changes in regulations, possible governmental action, and emerging compensation trends.

Massachusetts

Commission Structure Doesn’t Justify Failure to Pay Wages Due at Termination

Commission payments often make up a significant portion of the compensation paid to employees who work in sales. The structure of commission payments varies from industry to industry and from region to region, but commissions serve the same basic purpose: financially motivating employees to increase their sales with the promise of receiving higher income.

compensation

Ask the Expert: Are Cash Payments in Lieu of Benefits Part of Base Wage?

Question: We provide employees the option to take a lump sum cash payment ($1,000/yr) in lieu of accepting benefits, payable in increments over each pay period. The U.S. Court of Appeals for the 9th Circuit has indicated those payments should be included in the base wage for purposes of calculating overtime (see Flores v. City […]

The Heart-Healthy Guide to Approaching Employee Wellness

February brings with it a number of holidays and observances, from Groundhog Day and President’s Day in the U.S. to Valentine’s Day throughout the world. But as we celebrate love, Washington’s birthday, and everyone’s favorite groundhog, Punxsutawney Phil, a national health observance goes unnoticed by most.

New York

Pay Me: New York Real Estate Company Uses Its Handbook as A Shield Against Liability

Employee handbooks are recommended for several reasons, including that they set forth key company policies. Well-written handbook policies state how compensation will be addressed and who has the power to bind the company. In a recent case, the Appellate Division, 1st Department, held that a company’s handbook was enough to defeat an employee’s claim to compensation based on oral promises.

California

California Cracks Down on Workers’ Compensation Provider Fraud

California’s Department of Industrial Relations (DIR) has made multiple attempts to reduce workers’ compensation costs to employers and to improve compensation paid to workers. One persistent obstacle to cost containment is fraud, and the DIR has poured considerable resources into combating fraudulent worker claims, premium fraud, and most recently, provider fraud. In January, the DIR […]

retirement

DOL Files to Delay Start of Fiduciary Rule

The U.S. Department of Labor (DOL) on February 9 filed a notice delaying the April 10 applicability date of its rule broadening the definition of a fiduciary. The move was expected after President Donald Trump on February 3 signed a memorandum requesting the agency to postpone and re-examine the rule on investment advice.