Tag: DOL

Is a COBRA Notice ‘Postcard’ Too Far From the Edge of Compliance?

Postcards are designed to provide a brief message, but it will be interesting to learn if such brevity is sufficient to adequately notify an individual of COBRA continuation coverage rights — particularly when the law identifies at least 14 content requirements for COBRA election notices. In a recent court case, an employer/plan administrator faced with […]

DOL Rule Would Authorize More Wage-and-Hour Scrutiny on HHAs

An industry that’s no stranger to government scrutiny and suspicion has the promise of more oversight … and costs. DOL’s Wage and Hour Division (WHD) recently proposed expanding the reach of its minimum-wage and overtime requirements to cover more home health care and other home care workers – the folks who work with the elderly […]

Compensation Daily Advisor Year in Review

‘I Can’t Live on What You’re Paying Me’ Conversations In a previous Advisor, we covered the basics of dealing with tough compensation questions. Today, more tough questions from a recent BLR webinar featuring Teresa Murphy and David Wudyka. Wage and Hour Mythbusters Wage and hour should be the easiest job in comp, but there are […]

Watch Out for Exemption Misclassifications in California

It’s important to be sure you properly classify jobs as exempt if you’re asserting an exemption to the overtime pay requirements of the federal Fair Labor Standards Act (FLSA). That message was reinforced by a recent decision of the Ninth Circuit Court of Appeals (which includes California) in which the court concluded that state social […]

Look but Don’t Touch: Take a Sneak Peek at the 2011 Form 5500

Advance copies of the 2011 Form 5500 annual return/report and related instructions are now available for  your viewing pleasure — the issuing federal agencies note the forms are for “informational purposes” only, so don’t use them to get a head start on your filing responsibilities. The advance copies were jointly issued by the U.S. Department […]

First Circuit Serves Up Employer-Friendly Ruling; FLSA Admin. Exemption Does Not Cater to Banquet Employees

Banquet sales managers do qualify for the administrative exemption under the Fair Labor Standards Act — meaning no overtime is on the menu. So says the 1st U.S. Circuit Court of Appeals in Hines v. State Room, Inc. Plaintiffs in the case are former employees of banquet facilities that “host high-end wedding receptions and other […]

Administration Proposes FLSA Coverage for Home Health Aides

By Liza Casabona In a long anticipated move, the Department of Labor today proposed extending coverage under the Fair Labor Standards Act to 1.79 million workers providing in-home care services to the elderly and infirm. Workers categorized as “companions” are currently exempt from the minimum wage and overtime protections of the Fair Labor Standards Act. […]

DOL Survey to Analyze COBRA Premium Subsidy Up-take

To fill in the knowledge gaps on how many individuals enrolled in the COBRA premium subsidy program — data that will be helpful in determining the program’s cost-effectiveness, who best benefited from the subsidy and how to target similar programs — the U.S. Department of Labor (DOL) plans to sponsor a study sometime in 2012. […]

Feds Consider Requiring Contractors to Meet 7% Hiring Goal for Workers With Disabilities

Federal contractors will have to meet a 7 percent hiring goal for individuals with disabilities under a U.S. Department of Labor proposal announced December 8.  DOL’s Office of Federal Contract Compliance Programs published a Notice of Proposed Rulemaking (41 C.F.R. 77056) which included, among other things, a mandate that employers aim to have individuals with […]

Put the Performance Review Out of Its Misery

Culbert, a professor of management at UCLA, goes on to say that the performance review is "a pretentious, bogus practice that produces absolutely nothing that any thinking executive should call a corporate plus." In Culbert’s book, Get Rid of the Performance Review!, he advocates instead the performance preview, which he says will actually accomplish what […]