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.

Severance Agreements: Drafting Do’s and Don’ts for Avoiding EEOC Attention

Van Parys, who is with Carothers DiSante & Freudenberger LLP in Sacramento, offered his tips at the SHRM Annual Conference and Exposition held recently in Orlando. Recent EEOC Actions Two recently filed lawsuits, in which severance agreements were called  overly broad and unenforceable, may help employers fashion their own severance agreements, says Van Parys. EEOC […]

Managing the Severance Meeting—It’s a Business Transaction

Van Parys, who is with Carothers DiSante & Freudenberger LLP in Sacramento, offered his tips at the SHRM Annual Conference and Exposition held recently in Orlando. Challenges by EEOC and NLRB To avoid having your severance agreement challenged by the EEOC or NLRB, says Van Parys, include language to the effect that the former employee […]

Vacation, Leave, and Time Off—Who’s Offering What?

Please participate in our brief survey and see how what you are doing stacks up against what other successful companies are doing. We’ll get answers to these questions and more: What kind of paid leaves are offered? PTO or separate vacation and sick leave? How much time off for what length of service? Is donating […]

Still Babysitting? Go PTO and Get Out of the Babysitting Business

Yesterday’s Advisor featured Lott’s “Please Sue Me” presentation. Today, more of Lott’s tips as delivered at the SHRM Conference and Exposition held recently in Orlando. Behavior Make behavior 50 percent of anybody’s job, says Lott. Try this for a policy: Maintain a positive work atmosphere by acting and communicating in a manner so that you […]

Please Sue Me—2014 edition

Lott showcases several “Please Sue Me” actions, and then talks about how to avoid these expensive situations. ‘Distressed Babies’ Comment Draws Apology from AOL Chief AOL’s CEO defended a policy change (awarding 401(k) matches annually instead of monthly) that he said was needed to counterbalance healthcare expenses such as those caused by two pregnancies where […]

Soft Stuff (Like Rubber Chickens) Gets Results

Novak is the author of New York Times and Wall Street Journal best-selling book, TAKING PEOPLE WITH YOU: the Only Way to Make BIG Things Happen. He offered his thoughts on leadership at the SHRM Annual Conference and Exposition, held recently in Orlando. No Recognition for 47 Years Novak tells the story of a visit […]

Pros and Cons of Opt-Out Employee 401(k) Plans

Retirement saving rightfully gets a lot of press, since it affects all of us. One of the most widely talked about retirement vehicles is the 401(k) plan, in which employees can make tax-deferred contributions to plans administered through their employer. It’s become the default retirement savings scheme for most people, replacing pensions, and there are […]

Failure to Pay Correctly—#6 on the List of Lawsuit Magnets

[Go here for failures 1 to 5.] 6. Failure to Pay Correctly Yes, it’s the pay thing. Zandy’s danger zones are: Misclassification (exempt vs. nonexempt) Timesheets (in & out) Meetings (mandatory and unpaid?) Off-the-clock (off-duty helping on-duty) Travel Bonuses (discretionary vs. nondiscretionary) The good news is plaintiffs’ lawyers are unlikely to take a case if […]

EEOC Files First ADA Lawsuit Against Employee Wellness Program

The first direct federal challenge to an employee wellness program’s legality under the Americans with Disabilities Act was filed Aug. 20 by the U.S. Equal Employment Opportunity Commission. The employer’s program did not qualify as “voluntary” under the ADA because the one employee who refused to participate was forced to bear the entire cost of […]

The 10 Most Costly Management Mistakes—and How to Avoid Them

“It’s a case of perception vs. reality. The plaintiff perceives he (she) was disciplined, retaliated against, and harassed.  The reality is different. He (she) was terminated for a legitimate, non-discriminatory, non-retaliatory reason by a professional, well-trained manager with supportive documentation.” Jurors are never on the side of the employers, says Zandy, who is with the […]