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The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new fact sheet explaining how federal nondiscrimination laws apply to employer tests and other selection procedures—such as personality tests, medical exams, and credit checks—used to screen applicants for hire and employees for promotion. The fact sheet also spotlights “best practices” employers can follow to avoid […]
One of our employees isn’t working out. His sales have been consistently low, he has trouble meeting deadlines, and he doesn’t interact well with clients. We’ve decided to let him go. What should we cover when we meet with him? Thank you. — Maryanne P., Santa Monica Mishandling a termination meeting could lead to […]
While California law generally requires employers to pay overtime when employees work over eight hours in a day or 40 in a week, certain executive, administrative, and professional employees are exempt from this requirement if they meet three conditions: 1) the employee is paid on a salary basis; 2) the employee earns a certain minimum […]
Fortunately we haven’t been accused of discriminating against our employees or potential hires. But with all the lawsuits we’ve been reading about lately, we want to be proactive. Do you have any strategies or advice for preventing possible discrimination claims? —Kris R., HR Director, San Jose Discrimination is a big—and often costly—issue faced by […]
The Internal Revenue Service has increased the standard mileage rate commonly used to reimburse employees for business use of a car to 50.5 cents per mile, up from 48.5 cents in 2007. The new rate will apply to miles driven beginning Jan. 1, 2008. Employers who use the IRS standard mileage rate to reimburse employees […]
The California Supreme Court recently ruled that employers may lawfully use net-profit-based incentive plans to compensate their employees.1 Employers may base profit-based bonus or incentive plans on the traditional measure of company profits, regardless of whether the employee is exempt. Before the ruling, an employer would have had to add workers’ comp and other business-related […]
The first year of employer disclosures made under the new U.S. Securities Exchange Commission disclosure rules for executive compensation reveals an approximate threefold increase in the value of executive perks. Under the new rules, employers must disclose perks totaling $10,000 or more; previously, the disclosure threshold was $50,000. This causes concern for executives as many […]
The federal Fair Labor Standards Act (FLSA) and California law exempt certain administrative employees from overtime; the requirements for the administrative exemption under California law are stricter than the FLSA. To qualify for this exemption in California, an employee must: 1) earn a salary equal to at least twice the state minimum wage; 2) perform […]
Section 403(b) of the Internal Revenue Code is undergoing its most significant changes in decades. The IRS has issued final regulations for retirement plans governed by Section 403(b) and maintained by nonprofit and tax-exempt organizations and public schools for their employees’ benefit. The plans may be funded through annuity contracts issued by an insurance company, […]
Internal Revenue Code Section 409A regulates deferred compensation plans and other arrangements, including severance plans, annual bonus payments, long-term incentive arrangements, stay bonuses, and settlement agreements upon termination. Section 409A rules govern compensation that was deferred or became vested after Jan. 1, 2005. Because employers have faced many difficulties trying to comply with these rules, […]