Tag: FLSA

Great Incentive Plan + Poor Communication = Poor Incentive Plan

Communicating the Sales Incentive Plan Sometimes Pasteris sees the situation in which there was a great sales plan design but it failed because it was not well understood and appreciated by the salespeople. To avoid that situation, make sure that you: Send an announcement letter, particularly with the new plan that spells out its features. […]

Incentives to Keep Sales Pros Focused Where You Want Them Focused

Sales Organization Sales compensation plans often fail because they are not rooted in careful analysis beforehand. Your plan has to be defined by the market you are in and who your customers and competitors are. For example, if your customers are all young, you may do your sales work over the Internet; if you sell […]

Early Settlement May Prevent Collective Actions?

Collective wage/hour suits can turn relatively small and inexpensive problems into very large and very expensive ones, but there may be a technique that makes the collective action moot, says Attorney Deanna Brinkerhoff. In Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court ruled that, at least in this case, action by the employer to […]

Supreme Court: Time Steelworkers Spent Donning and Doffing Protective Gear Is Not Compensable

On Jan. 27, the U.S. Supreme Court ruled that time U.S. Steel Corp. employees spend donning and doffing protective gear is not compensable under the Fair Labor Standards Act. The ruling affirmed a 7th U.S. Circuit Court of Appeals decision in Sandifer et al v. U.S. Steel Corp. (No. 12-417). Sandifer dealt with whether time steel workers spent […]

Compensation Litigation: Low-Hanging Fruit for Plaintiffs’ Attorneys

Wage/hour litigation is heating up, partly because attorneys have figured out that even for small cases, in which the client-employee may get $1,000, the attorney can collect $15,000 in attorneys’ fees, says Attorney Deanna Brinkerhoff. Fair Labor Standards Act (FLSA) litigation is heating up, and partly for that reason—it’s low-hanging fruit for plaintiffs’ attorneys. Brinkerhoff, […]

HRIS Records Checklist: How Do You Stand?

HRIS Personnel Records Checklist The more questions to which you answer “yes,” the better your computer system is able to handle personnel records. Records maintained Do you have a computer system for the following personnel records:   Yes No Beneficiaries of benefits plan? ❒ ❒ Cost of benefits plan? ❒ ❒ Date employees admitted into […]

Can an Early Settlement Avert Collective Actions? (Maybe)

In Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court ruled that, at least in this case, action by the employer to offer a settlement “mooted” the collection action, says Brinkerhoff. (A case is “moot” when the issue has been resolved, and the case is no longer “live.”) Brinkerhoff, who is an associate in the […]

Compensation Litigation: Plaintiffs’ Attorneys Are Figuring It Out

FLSA litigation is heating up, and partly for that reason, it’s low-hanging fruit for plaintiffs’ attorneys. Brinkerhoff, who is an associate in the law firm Holland & Hart LLP in Las Vegas, offered tips on wage/hour compliance at the Advanced Employment Issues Symposium, held recently in Las Vegas. To add insult to injury, about 50 […]

Your Rep’s ‘Perceived Symbols of Wealth’ Derail Mediations

Marcus offered her tips on succeeding with mediation at a recent meeting of the Employers’ Counsel Network (ECN) in Springfield, Massachusetts. The Employers’ Counsel Network includes the attorneys from each state who write BLR’s state employment law newsletters. Marcus is one of the EEOC mediators based in the Boston office of the EEOC. Sometimes it’s […]