Tag: Buyers Benefit

Termination Danger—4 More Sins

Boss: Documentation, schmockumentation; this guy’s a poor performer and I want him gone today. The trouble with this scenario—terminating with no backup evidence of poor performance—is that there is usually documentation that shows good performance. Typically, since the person hasn’t been terminated before, his or her performance reviews read “good” or “satisfactory.” Now, this is […]

Treat Temps Casually? Danger—Laws Still Apply

Defining Contingent Workers Contingent workers are generally those who are hired through staffing firms or leasing companies and whose jobs are structured to last only a certain length of time. If a company does not clearly define a “contingent worker,” who is an employee, and who is not an employee, managers may start using contingent […]

FWA Policy Makers Mostly Ignorant of Business Realities

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, […]

Bonuses Always Included in Overtime, Except …

The FLSA provides for several narrow exemptions from the requirement that bonuses be included in an employee’s regular rate of pay. The onus is on the employer to prove that a payment meets one of the exemption requirements. The exemptions include: Gifts, or payments in the nature of gifts, made at Christmas time or on […]