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We are going to hire a number of computer workers. I’m writing job descriptions and have to establish whether these workers will be exempt or nonexempt. Can you help me with the “computer professional exemption”? — Roberto, HR Manager in Walnut Creek Paying Overtime: 10 Key Exemption Concepts Only one thing really matters in the […]
Under federal employee benefits law, fiduciaries of employee benefit plans must administer and manage their plans prudently and in the interest of the plan’s participants and beneficiaries. In carrying out these important duties, plan fiduciaries often rely heavily on pension consultants and other professionals for help. But sometimes these consultants fail to disclose potential conflicts […]
Just before the Memorial Day weekend, President Bush signed the Fair Minimum Wage Act of 2007 (H.R. 2206) to boost the federal minimum wage to $7.25 per hour in three steps over 26 months. The first increase to $5.85/hour will take effect on July 24, 2007. On July 24, 2008, the rate will increase to […]
A recent survey conducted by Harris Interactive on behalf of staffing firm Adecco USA has found that that 59 percent of working men between the ages of 35 and 44 said flexibility for working mothers causes some resentment among co-workers. What’s more, the survey found, some workers believe flexible schedules negatively affect team dynamics (36 […]
A new decision from a California Court of Appeals underscores how erroneously classifying workers as independent contractors rather than employees can have serious tax consequences. The case involved a group of courier companies—collectively called Sonic—that classified delivery drivers as independent contractors and reported their pay on 1099 forms. The California Employment Development Department, however, decided […]
Many employers cite employees for violations of “unwritten” company policies that are enforced but not clearly set out in an employee handbook or other well-publicized document. This can be a big mistake. Your supervisors may feel comfortable telling employees that “this is a long-standing unwritten rule” or “just the way things have always been done,” […]
The U.S. Department of Labor’s Wage and Hour Division has unveiled a free, new Web-based tool to help employers and employees calculate overtime pay under the federal Fair Labor Standards Act (FLSA). The tool provides examples of how FLSA overtime should be completed under some scenarios. The Overtime Calculator advisor computes overtime pay due in […]
The Treasury Department and the IRS have issued final rules regarding section 409A nonqualified deferred compensation plans and arrangements. The new regulations provide extensive information on how employers can identify nonqualified deferred compensation plans and arrangements subject to section 409A, along with rules to help employers and employees comply. Plans and arrangements affected by the […]
Our company is going to go through a prolonged period of significant downsizing. A recent seminar told us to expect a retaliatory wave of unfounded allegations, grievances, and lawsuits by disgruntled employees. Can you suggest steps we can take to protect ourselves against these attacks? Should we retain specialists? What do you recommend we do? […]
If a disabled employee needs an accommodation so he or she can continue to perform the job, you don’t have to provide any accommodation that would be an undue hardship for you. Generally, undue hardship means that providing the reasonable accommodation would result in significant difficulty or expense, based on your resources and the operation […]