Tag: employees


Employee or Independent Contractor? Right to Control Is Key

The U.S. Court of Appeals for the 3rd Circuit (which covers Delaware, New Jersey, and Pennsylvania) recently concluded that the right to control, rather than actual control, is the key factor in differentiating employees from independent contractors under a state wage and hour law.


IRS Limits Excludability of Fixed Indemnity Payments

Payments that an employer makes to an employee under a fixed indemnity health plan must be included in the employee’s taxable income, the Internal Revenue Service (IRS) recently indicated, if the plan premiums were paid by the employer or by salary reduction under a cafeteria plan.


Millennials and Workplace Mentors: Why the Search is On

Millennials are very much looking to their workplace superiors for mentorship, but studies show they’re coming up short—and that’s detrimental on personal, company, and industry-wide levels. In order to become the best leaders of tomorrow, young professionals need guidance from the best leaders of today.

New York

2nd Circuit: No Trifecta for New York Employee’s Wage and Hour Claims

Violations of the Fair Labor Standards Act (FLSA) and New York state’s Labor Law subject employers to paying employees back pay plus “liquidated” damages of an equal amount (in addition to reasonable attorneys’ fees). Recently, a question arose on whether an employee can “stack” liquidated damages under the FLSA and the Labor Law so that he scores a triple recovery: back pay and liquidated damages under the FLSA plus liquidated damages under the Labor Law.


CEO Pay Ratio Disclosures: Start Preparing Now

As part of the Dodd-Frank Act, public companies will soon be subject to CEO pay ratio disclosure requirements. Starting with reporting for any fiscal year that begins on or after January 1, 2017, these organizations will have to disclose not only the CEO annual total compensation, but also the total annual compensation of the median […]



Most HR professionals (and a lot of laymen, too) are at least familiar with Consolidated Omnibus Budget Reconciliation Act (COBRA) in general terms. We know that it gives employees the chance to continue their former employer’s insurance coverage for a while after leaving a job. But what law is this part of? And how long […]


Meal and Rest Period Class Should Have Remained Certified

On November 21, 2016, the California Court of Appeal for the 2nd Appellate District determined that it was improper for a trial court to grant an employer’s motion for decertification of class claims that it failed to provide employees proper meal and rest periods and related wage statements.


9 Ways to Motivate High Performing Employees — According to Them

Creating a company culture that motivates and attracts high-performing employees is what everyone knows they need to do, but executing on that is where, many times, good intentions turn into questionable executions. The world’s greatest organizations get this and see true return on investment (ROI) by investing in their culture and people regularly. But, too often managers listen to other managers and executives in their quest to engage and build high-performing teams rather than going straight to the source—their employees.