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At least that’s what former NFL quarterback Boomer Esiason and radio talk show host Mike Francesa believe. Their critical comments of New York Mets second baseman Daniel Murphy, particularly those made by Esiason, recently created a storm of controversy that extended beyond just the sports world. Murphy missed the first two games of the 2014 […]
Although the economy is slowly on the mend, it’s still noticeable that many employees near or past traditional retirement age have opted to stay working longer. Often, this is to bolster a nest egg that took a hit during the recession. Sometimes, it’s because they don’t feel the desire to leave the workforce just yet, […]
Business Shutdowns and Furloughs It should be no surprise that many employers have sought creative work arrangements in order to weather bleak times without resorting to morale-killing layoffs. Furloughs, temporary shutdowns, and reduced-hour schedules are common workplace solutions. However, the intricacies of the FLSA make these solutions tricky. The salary basis test is not satisfied […]
Generally, payment on a salaried basis means that employees receive a predetermined amount of pay that can’t be reduced due to variations in the quality or quantity of their work. Employees must be paid their full salary for any week in which they: bzc cb Perform any work, regardless of the number of hours or […]
Thanks in large part to a record-breaking Kickstarter campaign, legions of “Marshmallows” and I recently got to enjoy new adventures of Veronica Mars on the big screen. Although Veronica left the small screen back in 2007, that did not stop my favorite private detective from diving right back into action (and danger) in the film version. The premise of the film […]
Vesting of Commissions One particularly difficult sticking point with commission agreements is failing to define what is supposed to happen if a sale is canceled or the terms need to be renegotiated. One solution that eliminates many problems is to state that a draw or advance becomes a vested commission only after all conditions on […]
Sales compensation litigation is especially tricky because commissioned salespeople are particularly litigious. They are trained to read complicated agreements, and they will find the bad provisions. Furthermore, sales personnel are very persuasive speakers—that’s why you hired them—and they’re likely to be able to convince the court of their interpretation of the commission agreement. Kato, who […]
What Is a Chronic Condition? What is a “Chronic Condition” for purposes of leaves, accommodations, and performance management? Eyres says that it is a disease or disorder: Of slow progression and long duration; That causes continuous or episodic periods of incapacity; Lasting at least one year but usually a lifetime; and That often involves episodic […]
The temporary or contingent workforce is the fastest growing segment of the national workforce, with almost 75 percent of employers in all industries using them, according to a survey by CyberShift. It’s important to sort out the status of your relationship with each type of contingent worker before issues arise. For insights, we turned to […]
Discrimination Laws The Equal Employment Opportunity Commission (EEOC) Enforcement Guidance 915.002 concerning contingent workers clarifies that staffing firms and employers using contingent workers may not discriminate on the basis of race, color, religion, sex, national origin, age, or disability, nor can they ask the medical questions forbidden by the Americans with Disabilities Act (ADA). Immigration […]