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Compensation & Benefits

2014 raises to set post-recession bar, biggest since ’08

08/30/2013
Pay-raise budgets at U.S. employers have picked up from all-time lows four years ago, going from a mean of 2.2% in 2009 to 2.9% in 2013, according to the “WorldatWork 2013-2014 Salary Budget Survey.” While employers plan to loosen the purse strings next year, spending on pay raises will be far from lavish.

Jury’s discrimination award is subject to withholding

08/29/2013
A federal appeals court has ruled that a former employee’s Title VII jury award was taxable back pay and front pay. The employer, therefore, didn’t need to seek the trial court’s approval to withhold taxes, even though the award didn’t explicitly allow the employer to withhold.

September 2013: Employer’s business tax calendar

08/29/2013
NOTE: Saturdays, Sundays and legal holidays as observed in the District of Columbia are taken into account to determine due dates. Under the federal deposit rules, you’re allowed a deposit shortfall of the greater of $100 or 2% of your tax liability.

YUM! Brands faces yucky wage-and-hour lawsuit

08/28/2013
The parent corporation for such fast food icons as Taco Bell, KFC and Pizza Hut faces a class-action lawsuit alleging numerous wage-and-hour violations in California.

Is that manager really exempt? Much depends on how she spends most days

08/28/2013
The best approach to classification is to regularly review exactly what employees actually do, day in and day out. Then measure that by what the FLSA regulations say indicates exempt status.

Social Security eligibility won’t automatically qualify worker for company disability plan

08/28/2013
An employee who files for Social Security disability benefits based on the inability to work doesn’t automatically qualify for her company’s ERISA disability benefit plan when her federal benefits come through.

What’s the right way to complete Form I-9?

08/27/2013
Question: How can the company fulfill the I-9 requirement to physically review new hires’ documents when employees work remotely? Can we have a notary review the documents, notarize a copy of them and send that copy to our main office?

Decision could open door for out-of-court FLSA settlements

08/26/2013

Most federal district courts routinely hold that out-of-court settlement agreements, to the extent that they purport to waive FLSA claims, are unenforceable. That has made it difficult and expensive for employers to resolve pay issues, even when they realize they made a mistake and want to compensate the employee fairly. Last year, the 5th Circuit Court of Appeals took a more pragmatic ap­­proach in Martin v. Spring Break ’83 Productions.

Balance the pluses and minuses of switching to PTO banks

08/26/2013
Some employers have retooled the traditional method of setting paid time off in separate categories by folding vacation, personal or sick leave entitlements into one “bank.”  So-called paid time off (PTO) programs offer benefits for employers and employees alike, but there are some potential pitfalls if you are not careful.

Trying a creative approach to pay? Have your attorney run the numbers to ensure legality

08/26/2013
Before you approve a creative approach to paying hourly employees, be sure to get expert help. That’s essential if your em­­ployees may have to put in more than 40 hours of work per week, because you will have to calculate their regular rate of pay to calculate overtime compensation. And that’s something the DOL wants done right.