Practical HR Tips, News & Advice. Updated Daily.
The broad scope of the Fair Labor Standards Act provides seemingly endless opportunities for debate. The fact that the Supreme Court agreed to hear Christopher v. SmithKline Beecham Corp. later this year (a case out of the U.S. Court of Appeals for the 9th Circuit involving worker classification) on the heels of its ruling in […]
By Khristine Scholtz The U.S. Labor Department, continuing its push for a narrow definition of outside salesmen, argued in a friend of the court brief that the outside-sales exemption is limited to employees who make their own sales. At issue is whether pharmaceutical sales representatives must be paid for working overtime hours, or are exempt […]
California is the most recent state to enter into a pact with the U.S. Labor Department aimed at cracking down the improper classification of employees as independent contractors. Nancy J. Leppink, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, and California Labor Commissioner Julie A. Su announced their recently signed memorandum […]
The Obama Administration’s proposed 2013 budget includes funding to hire 92 additional Wage and Hour Division investigators. The budget would allocate $6.4 million to hire investigators to enforce the Fair Labor Standards Act and the Family and Medical Leave Act, said Nancy Leppink, acting WHD administrator during a webchat on Monday. The funding would allow […]
Many commuters may not know it, but the Transportation Security Agency (TSA) purview extends to passenger trains, even the light rail cars you may take to work. Next time the conductor looks at you funny, it might be that he or she is collecting “threat” data to transmit to the TSA. The TSA, that ubiquitous […]
Eligibility for medical services at an Indian Health Service (IHS) facility does not disqualify an individual from being able to establish a health savings account (HSA) — but actually receiving such services can. That is what the IRS said in Notice 2012-14, which it issued on Feb. 1. The IRS said that individuals who are […]
By Liza Casabona Thinking that an unpaid intern might provide an answer to payroll your budget woes? Think again. Several recent, high profile lawsuits filed by interns underscore the risks faced by companies sponsoring unpaid internships. The Hearst Corp. is among the latest companies to be accused by interns of wage and hour violations. The […]
The Making Work Pay Tax Credit won’t be available this tax season as the government limits tax deductions, write-offs and credits for 2011 and 2012. Also this tax season, the tax penalty for non-qualified distributions from HSAs and Archer MSAs is increasing. Employers should be aware of these and other changes, many of which are listed […]
The New Jersey drug manufacturer Novartis Pharmaceuticals Corporation has reached a $99 million settlement with its drug sales representatives. The agreement, announced jointly by management and plaintiff representatives Jan. 26, resolves overtime pay disputes pending since 2006. “We believe this settlement is in the best interest of our employees and the company,” said Novartis President […]
People think using contingent workers is a down and dirty way to save money, says attorney Nancy M. Cooper, but there are expensive pitfalls that could erase that savings many fold. In today’s Advisor, Cooper demystifies part-timers and temps. Cooper chairs the labor and employment practice group at law firm Garvey Schubert Barer in Portland, […]