Tag: FLSA

ERISA Does Not Free Self-Funded Plans from Paying Michigan’s Claim Tax

The Self-Insurance Institute of America has lost a round in its battle against a state-imposed tax on ERISA health plans. In a new ruling, the 6th U.S. Circuit Court of Appeals held that Michigan’s health care claims tax withstood SIIA’s preemption arguments, because the law doesn’t interfere with the parts of plan administration reserved exclusively […]

How Many of the 7 Deadly Sins Are Your Managers and Supervisors Committing—Right Now?

Sin 1. Lust Sexual harassment continues to be a problem in the workplace. And it’s often worse when it’s a manager and a subordinate. Perhaps the most difficult challenge in training managers and supervisors about harassment is getting across the idea that what matters is the attitude of the receiver of the harassment, not the […]

Court Says ‘Failure to Equally Train’ Is Actionable

The 6th Circuit Court of Appeals— which covers Kentucky, Michigan, Ohio, and Tennessee— recently reaffirmed that failure to train an employee can be an actionable form of discrimination. Click on the “yesterday’s Advisor” link in the first paragraph to read about the facts in this case. Courts’ decisions The trial court dismissed all of Charles […]

LinkedIn to Pay Almost $6M for Overtime Violations

LinkedIn Corp. will pay almost $6 million to 359 employees after a U.S. Department of Labor investigation revealed that the company had committed overtime and recordkeeping violations. According to DOL, LinkedIn failed to record and pay employees for all hours worked, in violation of the Fair Labor Standards Act. It will pay $3,346,195 in back […]

Variable Pay—What’s Working? What’s Not?

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: Who’s providing what incentive pay types for which employee groups? How effective is each type of variable pay at motivating employees? What are the three […]

NLRB’s GC Says McDonald’s on the Hook for Franchisee Violations as Joint Employer

McDonald’s parent company would be liable as a joint employer in any proceedings by the National Labor Relations Board on labor and wage violations at McDonald’s franchises, the NLRB’s general counsel said in a July 29 determination. The franchisees’ alleged violations of the National Labor Relations Act relate specifically to a spate of lawsuits filed […]

What Overtime Violations Are Lurking in Your Timekeeping System?

Compliance ROI—The Cost of Noncompliance Last year was a record year for federal court lawsuits, says McCutchen. We broke the 8,000 mark. Some notable suits you can use as ammo for convincing bosses to take action about wage/hour violations: Novartis, $99 Walmart, $85 million Staples, $80 million Wachovia, $50 million Merrill Lynch, $44 million JPMorgan, […]

Looking for Great Talent? Look for Potential

Fernández-Aráoz says that potential is the fourth era of talent spotting. Here are the previous three: Physical attributes. For thousands of years, people looked for the biggest, strongest, and healthiest people who could handle the physical aspects that most jobs required. Intelligence, experience, and past performance. For much of the 20th century, education and experience […]

No More HR Terrorism

How is HR a terrorist? HR tends to use the law as a hammer, Sackett says. “No, you can’t do it; it’s against the law.” A better approach is, “Yes, you can do it, but we put ourselves at risk for an expensive and prolonged lawsuit.”  You be the CEO’s risk advisor; he or she […]