Month: March 2008

Employee Benefits: U.S. Supreme Court Says Individuals Can Recover Damages for Mishandling of Retirement Accounts; Self-Protection Options for Employers

In an important new development, the U.S. Supreme Court has unanimously ruled that when fiduciary misconduct diminishes the value of an individual account in a defined contribution plan, such as a 401(k), the harmed employee can sue for damages. In the past, courts have taken the contrary position that the federal employee benefits law only […]

Survey Looks at Workplace Stress

A  new survey reveals that even though 48 percent of U.S. employers acknowledge that employee stress caused by working long hours affects business performance, just 5 percent of them are taking steps to address the stress problem. The survey, conducted by global consulting firm Watson Wyatt Worldwide, also found that although 29 percent of employers […]

FLSA Wage and Hour Audit Done, No problems … April Fools!

You have no FLSA problems of any kind? Then it’s surely April Fools’ Day! Almost everyone has problems complying with this law. So what do you do when an FLSA audit reveals them? Let’s answer that … and alert you to an excellent self-audit guide to help you fix what needs fixing before it really […]

Child Labor and Overtime Problems Wilt Employer

Organic grocer Sunflower Market has agreed to pay $125,310 in back overtime wages to 78 workers at its stores in New Mexico, Colorado, Nevada, and Arizona under an agreement with the U.S. Department of Labor (DOL) to resolve charges that the employer misapplied executive and administrative overtime exemptions. The DOL also fined Colorado-based Sunflower $10,670 […]

Food Distributor To Pay $1.5 Million In Back FLSA Overtime

The U.S. Department of Labor (DOL) has announced a settlement with McLane Co., Inc., under which the Texas-based food and grocery distributor will pay $1,559,316 in back wages to 570 employees. A DOL investigation found that the company misclassified employees as exempt and thus didn’t pay overtime wages. McLane erroneously regarded retail merchandising specialists as […]

Proposed Legislation Would Give Small Employers Scheduling Flexibility

Small employers and their employees would be given new flexibility in work scheduling under a new measure introduced in the California Assembly. A.B. 2127 would allow employers with 25 or fewer employees to approve an employee’s written request to work up to 10-hour days within a 40-hour workweek without paying daily overtime. Under current law, […]