Tag: Wage Hour

Public-sector Employers Face Additional FLSA Classification Risks

Local governments and municipalities face many of the same wage and hour challenges as other employers, but they must deal with unique issues that could subject them to litigation if they aren’t fully up-to-speed on their compliance obligations. One tricky issue involves the proper classification of all workers — whether they fall under one of […]

Littler’s EEOC Activity Report—No Relief for Employers

Why Pay Is an Easy-to-Litigate Issue Harassment (“He made me uncomfortable”) is vague and often tough to prove, and discrimination (“You didn’t hire me because I am a member of a protected class”) is also hard to prove. But with pay issues —it’s there in dollars and cents for the agency rep or a jury […]

Can You Transfer Employees on FMLA? Yes … Sometimes

Alexis, Of Counsel at the Kinaga Law Firm in Los Angeles, offered his FMLA tips at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas. Transferring Employees on Intermittent Leave or Reduced-Schedule Leave There are only two situations in which employers may transfer employees to another job that better accommodates their new intermittent schedule, […]

Intermittent/Reduced FMLA Calculations for Dummies

Alexis, Of Counsel at the Kinaga Law Firm in Los Angeles, offered his FMLA tips at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas. Two Keys to Leave Calculations Alexis says that there are just two questions to answer in order to calculate intermittent or reduced-schedule FMLA leave. What is the employee’s regular […]

Court Questions Horton Decision in Light of D.C. Circuit Ruling

Properly executed arbitration agreements can prohibit employees from bringing Fair Labor Standards Act collective actions in some federal courts. This is despite a National Labor Relations Board decision holding that mandatory arbitration for employment disputes violates the National Labor Relations Act, a federal district court has ruled. In doing so, the court joined other courts […]

ACA Challenges–What’s ‘Affordable’ and What’s ‘Minimum’ Coverage?

Under what circumstances will an employer owe an Employer Shared Responsibility payment? In 2014, says Simon, senior legal editor at BLR®,  if an employer meets the 50 full-time employee threshold, the employer generally will be liable for an Employer Shared Responsibility payment only if either: The company doesn’t provide coverage to substantially all (95% or […]

ACA: Expect Flex, Delay, and Some Hassle in 2013

In fact, the delays have already started, says Simon, senior legal editor at BLR. The health insurance exchange notice distribution requirement has been delayed. Specifically, the U.S. Department of Labor (DOL) has stated that the March 1, 2013, deadline for employers to distribute notices about the availability of health insurance exchanges has been delayed until […]

18 Questions for Comp Managers in 2013

Here are the questions Neelman asks clients to help them complete their planning for 2013. Neelman is a principal and senior consultant with Compensation Resources, Inc. in Upper Saddle River, New Jersey. Who are your best employees? Which employees truly impact your success? What employees can you least afford to lose? What are your strategies […]

FLSA Lawsuits Show Steep Learning Curve for Employers Offering Unpaid Internships

Employers using unpaid interns need to be wary as lawsuits challenging the structure of these unpaid jobs continue to crop up. In recent years, several high-profile lawsuits — primarily in the publishing and entertainment industries — have highlighted the exposure employers can face. Plaintiffs generally allege they were doing the work of employees and were […]

7 Most Common Misconceptions Around Exemptions

Exemption mistakes mean enormous liability for employers, yet many put surprisingly little effort into their classification decisions. Even when they are sincerely trying to comply with the law, many employers misunderstand or misapply exemptions. To identify the most common exemption myths, we turned to BLR’s Wage & Hour Compliance—Practical Solutions for HR. It offers the […]