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Compensation & Benefits

Are payments taxable if an individual isn’t yet an employee?

06/01/2013
Q: When does the employer/employee relationship begin? My boss believes that relocation expenses don’t need to be reported on a W-2 form because they’re paid before an employee begins working.

Construction firm nailed for worker misclassification

05/31/2013
Freeman & Associates Contracting, a Raleigh construction firm, has agreed to pay four workers $20,000 in back wages after U.S. Department of Labor investigators determined the workers were improperly classified as independent contractors.

Employee filed incorrect pay complaint? It’s still protected

05/31/2013
Here’s a new twist on protected activity and retaliation: Apparently an employee can complain about wage-and-hour issues to the wrong agency—even one that has nothing to do with enforcing labor laws—and still gain protection from retaliation.

Farmer to pay back wages to migrant workers

05/31/2013
J. Roland Wood Farms, a Benson tobacco and sweet potato grower, has paid nearly $21,000 in back pay and penalties to 138 migrant workers following a DOL investigation into violations of the Migrant and Seasonal Agricultural Worker Protection Act.

NLRB back-pay ruling boomerangs into payroll

05/31/2013
In late 2012, the NLRB ruled in an unfair labor practice case that when lump-sum back pay awards span more than one year, the employer must report the awards to the Social Security Administration and reimburse employees for the excess federal and state income taxes that are attributable to those awards.

Health care reform: Prepare now for employer mandate in 2014

05/30/2013
Although the Affordable Care Act’s employer mandate takes effect in 2014, implementation of several requirements will depend on circumstances that unfold this year. Employers should plan ahead to avoid unexpected negative consequences. Immediate actions may be necessary.

If exempt employee fields calls or emails on a sick day, is it still a sick day?

05/28/2013
Q. If a salaried manager is contacted via phone or email while out on a sick day and she responds, would that constitute work performed? Would that still be considered a sick day?

Should we track exempts’ sick time?

05/28/2013
Q. Our company gives eight hours of sick leave per month to nonexempt employees. We’ve been told that, under the FLSA, exempt employees are to be paid whenever they are sick. So our exempt employees have virtually an unlimited sick-leave balance. Is this a correct way to interpret the FLSA? Should we have some type of sick-leave accrual and tracking for our exempts?

When using temps, make sure temp agency retains control of employment relationship

05/28/2013
Using temporary workers can be an effective way to stretch your labor budget without making a long-term staffing commitment. But if a temp sues over alleged discrimination, you may not have saved much money. To prevent surprises, make sure you treat the temp as a guest—leave the employment details to the agency that supplies the temp.

Walmart pay saga continues with appeal to Pa. Supreme Court

05/28/2013

Retail giant Walmart has appealed to the Pennsylvania Supreme Court, asking it to overturn a $187.6 million class-action verdict issued two years ago. That decision followed a 32-day trial in 2006 that sent shock waves through the Pennsylvania employer community.