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Panelists included Susan Webman, Of Counsel with FortneyScott in Washington, DC; John Husband, senior partner with Holland & Hart in the firm’s Denver, Colorado office; Linda Walton, attorney with Perkins Coie LLP in Seattle; and panel moderator Charles Plumb, partner with McAfee & Taft in the firm’s Tulsa, Oklahoma office. Hot Topics: Equal Pay Act […]
In an unusual move, an appeals court decision earlier this month put the timekeeping burden for unpaid off-the-clock work on the employee, not the employer. The 6th U.S. Circuit Court of Appeals upheld a district court’s decertification of a class action lawsuit on Nov. 6. The 6th Circuit held that the plaintiff had not recorded […]
The penalties for noncompliance with state wage-and-hour laws can be more onerous than that under federal law, which coffee company Starbucks learned the hard way. The 1st U.S. Circuit Court of Appeals recently rejected the company’s appeal of a $14.1 million judgment, finding it had misclassified its shift supervisors under a Massachusetts law and upholding […]
Employees who want to help victims of Hurricane Sandy through leave donation may do so without being taxed on the monetary value of the vacation days, sick days and personal leave they donate, the IRS announced Nov. 6. In a leave donation program, employees forgo vacation, sick or personal leave and return it to their […]
Hurricane Sandy’s path of destruction has left many homeowners, municipalities and businesses in need of reconstruction and repairs — and when such weather-related disasters require massive reconstruction efforts, many landscapers and builders hire subcontractors to help. Increased joint employer liability, particularly in those industries that frequently use subcontractors, often goes hand-in-hand with worker misclassification. Employers […]
As the holiday season approaches, employers and employees are beginning to anticipate holiday bonuses. Whether they come in the form of material gifts, cash awards or other benefits, employers should be careful in providing them, because sometimes bonuses must be included in the employee’s pay rate. Although “improper bonus” cases are not common, they still […]
Lambert, who offers payroll training as “The Payroll Advisor,”says that you can’t give payroll auditing over to just anyone who’s free. There are three points that are critical for choosing the auditor. 1. Not the Person Who Does the Job First, says Lambert, you want someone other than the one who does the job to […]
Lambert, who offers payroll training as “The Payroll Advisor,” says that if you are doing an audit, might as well audit for fraud as you go. She’s found a lot of fraudulent behavior that way. Auditing for Fraud Payroll fraud is defined as “anything that uses payroll to take money from the company in a […]
Yesterday’s Advisor featured common—and egregious—wage/hour missteps; today, four more, plus an introduction to the simple-to-use, popular guide that answers all your FLSA questions. [Go here for failures 1 to 3] 4. Providing inaccurate or falsified payroll records to the government Obviously, providing falsified records is not a wise practice. However, many submitted records are merely […]
“Equal pay for equal work” is a key talking point for President Obama’s re-election platform, and last night’s presidential debate gave both candidates the chance to discuss the growing issue of pay disparity between male and female employees. While Gov. Mitt Romney’s “binders full of women” comment in response to a question on this issue […]