Tag: FLSA

Here Comes EEOC 2013—Charges, Investigations, and Claims

Review of Charge Activity, Backlog, and Benefits Provided On November 19, 2012, the EEOC announced the publication of the FY 2012 Performance and Accountability Report. During FY 2012, the Commission again received nearly 100,000 charges, with the past 3 years involving a record number of charges in the Commission’s 47-year history. Since FY 2006, there […]

Littler’s EEOC Activity Report—No Relief for Employers

Why Pay Is an Easy-to-Litigate Issue Harassment (“He made me uncomfortable”) is vague and often tough to prove, and discrimination (“You didn’t hire me because I am a member of a protected class”) is also hard to prove. But with pay issues —it’s there in dollars and cents for the agency rep or a jury […]

Can You Transfer Employees on FMLA? Yes … Sometimes

Alexis, Of Counsel at the Kinaga Law Firm in Los Angeles, offered his FMLA tips at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas. Transferring Employees on Intermittent Leave or Reduced-Schedule Leave There are only two situations in which employers may transfer employees to another job that better accommodates their new intermittent schedule, […]

Intermittent/Reduced FMLA Calculations for Dummies

Alexis, Of Counsel at the Kinaga Law Firm in Los Angeles, offered his FMLA tips at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas. Two Keys to Leave Calculations Alexis says that there are just two questions to answer in order to calculate intermittent or reduced-schedule FMLA leave. What is the employee’s regular […]

Court Questions Horton Decision in Light of D.C. Circuit Ruling

Properly executed arbitration agreements can prohibit employees from bringing Fair Labor Standards Act collective actions in some federal courts. This is despite a National Labor Relations Board decision holding that mandatory arbitration for employment disputes violates the National Labor Relations Act, a federal district court has ruled. In doing so, the court joined other courts […]

Is 3% Merit the ‘New Normal’?

Salary Increase Budget Surveys Most employers are working with 3 percent for merit, as shown by this chart taken from a recent WorldatWork survey, says Pasteris. (Pasteris, president of TLMP Consulting Group, offered her suggestions during a recent webinar sponsored by HRHero/BLR.) Actual 2010 Mean Median   2.5% 2.7%       Actual 2011 Mean […]

The Face of Compensation for 2013

Where We’ve Been First of all, let’s look at where we’ve been, says Pasteris, who is president of TLMP Consulting Group. She offered her suggestions during a recent webinar sponsored by HRHero/BLR. In the past few years, she says, we’ve seen: Hiring freezes Promotion/relocation freezes Reduced or postponed bonuses Salary freezes Salary cuts Layoffs Survivor […]

ACA Challenges–What’s ‘Affordable’ and What’s ‘Minimum’ Coverage?

Under what circumstances will an employer owe an Employer Shared Responsibility payment? In 2014, says Simon, senior legal editor at BLR®,  if an employer meets the 50 full-time employee threshold, the employer generally will be liable for an Employer Shared Responsibility payment only if either: The company doesn’t provide coverage to substantially all (95% or […]

ACA: Expect Flex, Delay, and Some Hassle in 2013

In fact, the delays have already started, says Simon, senior legal editor at BLR. The health insurance exchange notice distribution requirement has been delayed. Specifically, the U.S. Department of Labor (DOL) has stated that the March 1, 2013, deadline for employers to distribute notices about the availability of health insurance exchanges has been delayed until […]

OSHA Rules Flesh out Health Reform’s Whistleblower Provisions

Employers that retaliate against employees for reporting violations of certain health reform requirements could be subject to government investigations and hearings, as well as damages that include back pay awards and compensatory damages, under interim final rules issued Feb. 22 by the U.S. Department of Labor’s Occupational Safety and Health Administration. The rules flesh out […]