Benefits and Compensation

Top 10: Compensation Daily Advisor Year in Review

Never Put These in a Job Description

Essential job elements … exposure to physical hazards … pay grade … the list of what should be in a job description is long. But what should you keep OUT of job descriptions?

Misclassification: DOL and IRS Declare War

Misclassification—calling individuals “independent contractors” or “volunteers” who properly should be employees—is a burgeoning legal battleground for employers. A recent 30-million-dollar suit on behalf of newspaper carriers is a good example of the stakes involved, says attorney Christine V. Walters.

Unauthorized Overtime–Must Be Paid Even if Forbidden

Many employers have written policies prohibiting unauthorized overtime. Such policies are fine—but you still have to pay employees for all hours they work, even if they have repeatedly violated your policy by working the extra hours.

Unannounced WHD Inspector on the Way to Your Office?

If you’ve got hourly workers, eventually you’ll hear the dreaded “There’s someone at reception from DOL’s Wage/Hour division (WHD). Something about all our payroll records.” Here’s what happens and what to do to be prepared.

Invalid Releases Mean Employees Keep Money and Still Sue

Releases of claims under the Age Discrimination in Employment Act (ADEA) are typically part of ERIPs, but they have to be carefully drafted and managed say attorneys Chris Anderson and Sarah C. Maxwell. If they are not, employees probably can keep the money and still sue you.

Non-Exempt Employees? You’re Probably in Violation

When workers complain, and especially when low-level workers complain, many experience retaliation. Eventually those complaints are going to boil over or an alert attorney is going to sign the employees up. It’s always better to deal with these potential violations before the attorneys and the agencies do.

‘Fire the Slugs’–That’s the Best Turnover

“Fire the slugs,” says management expert Jeff Cortes. That’s good turnover and also it’s good for retention—all of your other employees have been wondering when you would act.

The 5 Grand Myths of Essential Functions

Chances are, the boss isn’t screaming, “Where are those job descriptions?” But come court time, come EEOC investigation time, come ADA lawsuit, it’s going to be, “What, you didn’t update the job descriptions?

PTO Plans vs. Traditional: Plusses and Pitfalls

PTO plans, which eliminate distinctions between types of leave, do relieve HR of an administrative burden and the dreaded role of “absence police,” but there are some drawbacks, says attorney John Hagan.

Responding to Employees’ Online Comp Data

Today’s Internet-savvy employees are likely to approach you with reams of data gleaned from various on-line sources, all showing that they should be paid more. How should you respond?

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