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An exempt employee must actually be paid in order to retain that exempt status, the 6th U.S. Circuit Court of Appeals recently held. The case, Orton v. Johnny’s Lunch Franchise, involved a salaried employee who sued his employer for wages and overtime when, after beginning to experience cash flow problems, the employer stopped paying his […]
Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of the Federal Employment Law Insider. He made his remarks about FWAs at SHRM’s Employment Law and Legislative Conference, held recently in the nation’s capitol. Well-Meaning, But Dangerous As an example of the problems with FWAs, says Fortney, […]
West, principal of Employment Practices Specialists in Pacifica, CA, offered her tips at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Defamation In the HR world, defamation often rears itself in relation to references. What exactly is defamation? West says that it has the following characteristics: False statement of fact (opinions are […]
Bonuses are an integral part of many companies’ compensation packages because they: Are an expression of goodwill from employer to employee. Exemplify a personal touch and may evoke loyalty and dedication. Allow organizations to manage pay for performance Can be used as an incentive to retain top performers or to attract new employees Allow the […]
Segal, a partner with Duane Morris law firm in Philadelphia, offered his tips for dealing with the C-suite at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. 1. Stop Asking To Be At Table Asking only reinforces the perception of your subordinate role, Segal says. Instead, demonstrate why you should be at […]
Do you know the law when it comes to non-exempt vs. exempt workers? The Fair Labor Standards Act (FLSA) requires employers to pay employees overtimeif they work over 40 hours. However, the FLSA also contains exemptions. Employers may not have to pay overtime to certain personnel groups, including administrative, executive, professional, computer, outside sales, and […]
The letter of the law may only require employers to extend breaks and access to a lactation room to eligible employees on an as needed basis, but many companies are taking a proactive approach and looking to implement policies that will boost employee retention. According to Eileen Shue, vice president of corporate resources for the […]
Even non-exempt employees can cause confusion and employer liability under the FLSA. Often, employers run into trouble when attempting to classify their employees for purposes of pay exemptions. But equally tricky is how to pay non-exempt employees who have non-traditional forms of payment, such as tipped employees. The recent slew of major FLSA wage and […]
In a recent move to encourage employers to correct past misclassification of workers, the IRS has established a voluntary compliance program, called the Voluntary Classification Settlement Program, or VCSP. The program permits employers to voluntarily reclassify their workers as employees for future tax periods with minimal tax liability for past non-employee treatment. To participate, an […]
The U.S. Labor Department is seeking an additional $6.4 million in fiscal year 2013 for increased enforcement of the Fair Labor Standards Act and the Family Medical Leave Act, according to testimony by Labor Sec. Hilda Solis. “As we continue to recover from one of the worst economic crises in three generations, it is especially […]