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A successor employer could not escape paying a $500,000 damages award for the previous owner’s Fair Labor Standards Act violations. The case, Teed et al. v. Thomas & Betts Power Solutions LLC, Nos. 12-2440, 12-3029 (7th Cir. March 26, 2013), involved a tricky analysis of whether the purchaser of a business could be held responsible […]
Yesterday’s Advisor reviewed how to calculate the “regular rate” of pay. Today, can you waive overtime rights, plus an introduction to BLR’s unique 10-minutes-at-a-time training system. Here are some little-known facts about overtime. Actually, it’s not so much that they are little known as oft ignored. Agreements to Waive Overtime Barred Employees may neither waive […]
Most managers think overtime calculation is simple—1½ times the hourly rate. That’s one of the most common wage and hour misconceptions—and violations. Overtime is 1½ times the “regular rate,” which is often not the same as the hourly rate. The regular rate must include the reasonable cost of meals, lodging, and other facilities provided to […]
As the federal minimum wage debate heats up, the real challenge for employers could be at the state level, if a dozen pending measures to increase state minimum wages gain traction. The proposals share DNA with federal measures being pushed by President Obama and congressional Democrats — to raise the minimum wages and in many […]
You have to lower incentive payments to poor performers to liberate funds to give bigger rewards to your top performers, says DiMisa. Rewarding performance is the first of his incentive design challenges for 2013. DiMisa, who is senior vice president, Sales Force Effectiveness at Sibson Consulting, outlined eight design challenges during a recent webinar sponsored […]
For 2013, it’s likely that the risks of noncompliance with employment-related laws are just going to get higher, BLR editors agreed. First of all, DOL and other agencies are focusing on enforcement. They have more attorneys; they have additional statisticians, inspectors, and investigators; and they have the budget for more staffing. Although the number of […]
To prevent the consequences from imprecise employee handbook language, employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]
It’s all part of NLRB’s new expansive view of its role. For insights about the overly aggressive NLRB and the recent court decision concerning the legitimacy of President Obama’s recess appointments, we spoke with Patricia Trainor, BLR’s senior managing editor, HR. “There’s a very interesting situation at the NLRB now: A court has ruled that […]
Your organization may be at risk of losing top talent and may face future recruiting challenges as employees weigh their employment options more carefully in a recovering economy, says Daniels, who is senior consultant at Keating Advisors, LLC. Hiring Is Heating Up Recent BLS data, says Daniels, show that there is an increase in hiring. […]
For companies that have cut back on pay for a few years (who hasn’t?), it’s time to take a look at your status, says Daniels, who is senior consultant at Keating Advisors, LLC. You may well have fallen behind or your structure may no longer align with your strategies. Review Your Current Base Pay Structure […]