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Bonuses Included in Overtime Calculations? Under the federal Fair Labor Standards Act (FLSA), bonus payments are divided into discretionary and nondiscretionary types. Nondiscretionary bonuses are included in an employee’s regular rate of pay for the purpose of determining overtime, while discretionary bonuses are not included in an employee’s regular rate of pay to determine overtime. […]
The Labor Department has extended the comment period for its proposed rule to provide minimum wage and overtime protections for in-home companions by nine days, the agency announced in a March 9 release. The division published a notice of proposed rulemaking in the Federal Register on Dec. 27, 2011, with a comment period originally set […]
Perhaps at the beginning of 2008, says Parikh, director of product marketing at compensation software development company Callidus (www.calliduscloud.com), you developed your strategy for increasing productivity. Maybe you decided to expand incentive compensation to employees other than sales staff and executives; after all, the trend is toward more incentive compensation, rather than less. You set […]
Two former interns recently sued the producer of the Oscar-winning film “Black Swan” for minimum wage and overtime law violations, hitting headlines nationwide. The case is a good illustration of some of the inherent dangers of taking on interns.
As the Department of Labor’s Wage and Hour Division steps up enforcement initiatives, the need for employers to monitor their wage and hour practices is growing. Speaking at the Society for Human Resource Management’s 2012 Employment Law and Legislative Conference March 5, Tammy McCutchen of Littler Mendelson in Washington, a former Bush appointee at DOL, […]
Desmond, who is a partner in the New Orleans office of national employment law firm Jackson Lewis, made her comments at BLR’s Advanced Employment Issues Symposium, held recently in Las Vegas. About Goals and Achievement Under OFCCP (Office of Federal Contract Compliance Programs) rules, where the company’s representation of protected class members is significantly lower […]
Remember, says Desmond, who is a partner in the New Orleans office of national employment law firm Jackson Lewis, OFCCP (Office of Federal Contract Compliance Programs) does not enforce a law but an executive order. So, if you don’t want to do business with the government, you don’t have to comply. Desmond’s comments came at […]
Never base a worker classification decision on uncertainty, according to attorney Christine Walters. Walters, a Maryland HR consultant presenting at the Society for Human Resource Management’s legislative conference in Washington, D.C., March 5, ticked off the many reasons employers might be inclined to classify a worker as an independent contractor. Among them: to avoid paying […]
Employers will now be able to calculate the depreciation of vehicles — passenger cars, trucks and vans that they provide to employee as a fringe benefit — that they first put into service in calendar year 2012, since the IRS has released the new depreciation deduction limits. Revenue Procedure (Rev. Proc.) 2012-23, released March 4, […]
It’s been two years since passage of a controversial federal law guaranteed break time and private space for nursing mothers to express milk at work. Women’s rights and business groups say many women who could benefit from the new right may not know about it. Regardless of whether or not employees are aware, the Department […]