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.

Bad Commission Agreements—Lawsuit Magnet

Sales compensation litigation is especially tricky because commissioned salespeople are particularly litigious. They are trained to read complicated agreements, and they will find the bad provisions. Furthermore, sales personnel are very persuasive speakers—that’s why you hired them—and they’re likely to be able to convince the court of their interpretation of the commission agreement. Kato, who […]

5 Levels of Leadership—Where Do You Fall?

Here are the five levels of leadership as defined in this continuum: 1. Leading Yourself Included in the definition of self-leadership are character development and core values. In my book, that includes the types of choices you’re making in your personal and work life. Do you act with integrity? Do you put in an honest […]

Best Defense Against Leave Fraud? Continuous Performance

Continuous Performance Management Is Your Best Potential Defense Always start dealing with the productivity or performance issue, says Eyres. Let the employee bring up the disability. Eyres, who is managing partner of Eyres Law Group, LLP, offered her tips at a recent BLR-sponsored webinar. Consider the following, she says: Employees should not be genuinely surprised […]

ABB Excessive Fees Ruling Affirmed, Fidelity Cleared of Float Interest Charge by 8th Circuit

A series of new decisions in Tussey v. ABB Inc. handed down by the 8th U.S. Circuit Court of Appeals on March 19 brought good news about allegations of excessive fees for all parties—the suing retirement plan participants, the employer plan sponsor and especially the administrator, Fidelity. The ruling did not provide a clear judicial […]

IRS Gives 403(b) Plans More Time to Get Pre-approved, Expands Eligibility

After hearing concerns from the retirement plan industry, the IRS issued modifications on March 25 to its pre-approved program for 403(b) plans, in Revenue Procedure 2014-28. These welcome changes will provide another year — until April 30, 2015 — to apply for the program and will increase the number of entities that can take advantage […]

Accommodating Chronic Conditions—Frustrating and Annoying, But You Have No Choice

What Is a Chronic Condition? What is a “Chronic Condition” for purposes of leaves, accommodations, and performance management? Eyres says that it is a disease or disorder: Of slow progression and long duration; That causes continuous or episodic periods of incapacity; Lasting at least one year but usually a lifetime; and That often involves episodic […]

Contingent Workforce—Who’s a ‘Temp’?

The temporary or contingent workforce is the fastest growing segment of the national workforce, with almost 75 percent of employers in all industries using them, according to a survey by CyberShift. It’s important to sort out the status of your relationship with each type of contingent worker before issues arise. For insights, we turned to […]

Temp and Other Contingent Workers—Laws Still Apply

Discrimination Laws The Equal Employment Opportunity Commission (EEOC) Enforcement Guidance 915.002 concerning contingent workers clarifies that staffing firms and employers using contingent workers may not discriminate on the basis of race, color, religion, sex, national origin, age, or disability, nor can they ask the medical questions forbidden by the Americans with Disabilities Act (ADA). Immigration […]

Toobin’s Take on Hobby Lobby

Special from SHRM’s Employment Law and Legislative Conference Hobby Lobby is a large (3 billion plus) privately held organization with over 600 stores across the country. The company’s philosophy is imbued with the religious views of its founder David Green. For example, the number one operating principle listed on their website is “Honoring the Lord […]

Organization Strategy Must Underlie Health Reform Decisions

How a company complies with health care reform should be determined by what kind of employer it is, how exclusive its workforce is, and how important its benefit package is seen as an aid to recruitment and retention. Only after that analysis should an employer look at whether gains can be made by, say, reducing […]