Tag: Vercruysse Murray & Calzone

When an Employee Wants to Resign but Continue Working

by Susan Hartmus Hiser Q: We have an employee who has been having performance problems. He has offered to resign in lieu of being placed on a performance improvement plan, but he wants to continue working for another couple of months because he feels he has a better chance of getting a new job if […]

Potential Immigration Changes Under the Obama Administration

by Debbie Clephane There are three areas of immigration policy that will most certainly be at the forefront of President Barack Obama’s immigration agenda: (1) enhanced border security, (2) a refocus on employer responsibility, and (3) passage of comprehensive immigration reform. This article provides a glimpse of what we can expect from the new administration. […]

Obama, DHS 2010 Budgets Hint at Immigration Priorities

by Jesse Goldstein The White House and the U.S. Department of Homeland Security (DHS) recently released their proposed budgets for fiscal year (FY) 2010. Both budgets contain discussions of immigration-related priorities, offering a glimpse of what the new administration may choose to pursue this year. Even though he is obviously facing several domestic economic challenges, […]

Sexual Orientation Discrimination and the Employment Non-Discrimination Act

by Gary Fealk There has been a push in recent years to provide homosexual, bisexual, and transsexual individuals with protection against discrimination, including discrimination in the workplace. There is even proposed federal legislation, the Employment Non-Discrimination Act (ENDA), on the horizon that may pass in the next session of Congress. Certain states have enacted discrimination […]

Incentive Packages Must Comply with OWBPA

by Susan Hartmus Hiser Q: Our company is downsizing its operations, and we would like to offer an incentive package to certain employees as an inducement to leave voluntarily. If we do, can we obtain a release of all claims from the employees who accept the incentive package? HR Guide to Employment Law: A practical […]

Downsizing: Plan Ahead to Avoid Trouble

by Gary Fealk Downsizing can be an effective strategy for building a more efficient organization going forward. But it can also lead to legal liability and may not accomplish the desired cost savings unless an employer implements a carefully considered plan. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including […]

Payroll Deductions That Don’t Affect Employees’ Exempt Status

by Gary Fealk Workers who qualify as executive, administrative, or professional employees may be exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) if they are paid on a salaried basis or not less than $455 per week. However, if an employee’s basis of compensation isn’t “salaried,” the exemption will be lost. […]

EEO-1 Reporting: What Employers Need to Know

The Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC) require certain employers to report their workforce demographics each year. The report, commonly referred to as an EEO-1 report, must typically be filed between August 1 and September 30. This article provides an overview of the reporting requirements and updates […]