Tag: overtime

Employee Class Actions May Become More Common in Canada

By Brian P. Smeenk Class actions in Canada for unpaid overtime or other employment claims have met with mixed results in the past. Now the rules of the class action game – at least in the employment context – may be a little clearer. On June 26 the Ontario Court of Appeal issued its decisions […]

Disasters: Payroll, Benefits, and Alternative Worksites

Exempt Employees and Disasters Exempt employees are generally paid their normal amount if the workday is shortened. Docking, or reducing pay of exempt employees who are scheduled to work, but who do not because of an emergency, may affect the employees’ status of being exempt from overtime, because, by docking, you are treating them like […]

Hurricanes, Tornados, and Wildfires: Who Gets Paid When You Close?

If a company opens two hours late because of a snowstorm, should an employer pay employees who show up earlier because they didn’t hear the announcement? What time does the workday end when employees are given the option to go home because an incident such as a gas leak forces evacuation of the building? What […]

What’s the Appropriate Sales Level for Commission to Kick In?

Schum, a Senior Consultant at Compensation Resources, Inc. in Upper Saddle River, NJ offered his tips for sales compensation design at a recent webinar sponsored by BLR/HRhero. Sales Compensation Model Schum offers an example of the true cost of a salesperson and then charts out how that might translate into a bonus program. Cost of […]

Sales Comp: All About How You Split the W-2 Pie

Schum, a Senior Consultant at Compensation Resources, Inc. in Upper Saddle River, NJ offered his tips for sales compensation design at a recent webinar sponsored by BLR/HRhero. For example, Schum says, here’s how one organization might split the sales compensation W-2 pie: Sample Sales Compensation Mix Tier     Scope of Accountability Base Salary (Fixed) Bonus (Variable)  […]

Can You Explore Employees’ Personal Devices at Work?

Legality of Accessing Personal Devices Your company can manage the risks associated with BYOD by adopting policies and agreements that fit your risk tolerance, trust assessment, and regulatory context, says Chapman, who is an associate with DiMuroGinsberg in Alexandria, Virginia and a contributor to Virginia Employment Law Letter. However, she adds, the only way to […]

Bonuses? Great, But Legal Pitfalls Abound

Bonuses are an integral part of many companies’ compensation packages because they: Are an expression of goodwill from employer to employee. Exemplify a personal touch and may evoke loyalty and dedication. Allow organizations to manage pay for performance Can be used as an incentive to retain top performers or to attract new employees Allow the […]

Comp/HR Managers: Stop Asking for a ‘Seat at the Table’

Segal, a partner with Duane Morris law firm in Philadelphia, offered his tips for dealing with the C-suite at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. 1. Stop Asking To Be At Table Asking only reinforces the perception of your subordinate role, Segal says. Instead, demonstrate why you should be at […]

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 […]

Bonuses and Overtime—One of the Most Frequent Failures in Comp

Bonuses Included in Overtime Calculations? Under the federal Fair Labor Standards Act (FLSA), bonus payments are divided into discretionary and nondiscretionary types. Nondiscretionary bonuses are included in an employee’s regular rate of pay for the purpose of determining overtime, while discretionary bonuses are not included in an employee’s regular rate of pay to determine overtime. […]