Tag: FLSA

Courts Split over FLSA Damages for Emotional Distress

Employees claiming FLSA retaliation may also seek compensation for emotional suffering. Although courts are divided over whether such damages are available, four federal circuit courts have ruled that the FLSA does permit such damages, and more federal district courts are adopting this view. These developments make it more important than ever that employers both pay […]

Flights Aboard Company Jet Could Be ‘Taxable Transportation’

Employers that own corporate jets and pay a management company to fly them  were not pleased by a recent IRS memo on tax treatment of such arrangements, and two private aviation trade associations have been working with IRS on relief. Chief Counsel Advice Memorandum 20120026 , although not binding (see note at end of this […]

How to Handle Intermittent FMLA Leave for Exempt Employees

Managing intermittent FMLA leave has many challenges for employers, not the least of which is handling the issue of compensation for exempt employees taking such leave. Since FMLA leave is generally unpaid, yet salaried exempt employees are entitled to their salary regardless of hours worked, how should you proceed when an exempt employee takes intermittent […]

A Lumpsum Payment Beats a Merit Increase Every Time

Rubino, who is founder and president of Rubino Consulting Services in Pound Ridge, New York, offered his suggestions at the 64th SHRM Annual Conference and Exhibition, held recently in Atlanta, Georgia. Here are the rest of Rubino’s tips: [Go here for tips 1, 2, and 3.]                                   4. A Successful Plan Sets Total Compensation Integrated With […]

Hassles: Old—Harassment—and New—Technology

Segal, a partner in the Philadelphia office of Duane Morris LLP offered his tips at the SHRM Annual Conference and Exhibition, held recently in Atlanta. Harassment Remains a Problem Before 1986, sexual harassment was not recognized. Then came the 1986 Vinson case and the 1991-Hill-Thomas hearings. They raised public awareness on sexual harassment and there […]

Comp and HR In the Year 2525

Segal, a partner in the Philadelphia office of Duane Morris LLP offered his tips at the SHRM Annual Conference and Exhibition, held recently in Atlanta. Wage and Hour Prior to 1938 we had a manufacturing economy, Segal says. In 1938, the Fair Labor Standards Act (FLSA) was enacted. With the exception of minor interim adjustments, […]

Let’s Eliminate Base Pay Merit Increases

Rubino, who is founder and president of Rubino Consulting Services in Pound Ridge, New York, offered his suggestions at the 64th SHRM Annual Conference and Exhibition, held recently in Atlanta, Georgia. Rubino asked his audience of HR managers how many of them had merit increase base salary systems. Most hands went up. Then he asked, […]

Immediate Reform Implementation Is Revenue-reporting and Tax-related (apart from SBC)

With the Supreme Court’s June 28 ruling affirming health reform, its legal requirements on employer health plans are a green light. Plans therefore continue to face important requirements this calendar year. Fortunately, they’re the same ones employers have known about for some time. But if an employer has been holding off from comprehensive implementation, a […]

Who’s in Control: 3rd Circuit Looks at FLSA’s Joint Employer Test

When a worker is employed by two or more separate employers, this normally presents no special problems under the Fair Labor Standards Act. But even where the employee works for an entirely separate employer, there may still be a question of whether two employers are so entangled as to create a “joint employment” relationship where […]

Hope Dims for Transit Benefit Parity

Employers may not have to adjust their qualified transportation fringe benefit programs after all — at least not just yet. A legislative provision that would have affected QTFBs by boosting the mass transit exclusion to the same level as that for qualified parking — the so-called “mass transit parity” provision — did not make it […]