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Compensation & Benefits

Take heart! DOL doesn’t win every case

05/01/2013
A company that contracted to provide gate attendants for oil fields has won its battle with the DOL over whether the workers are em­­ployees or independent contractors. The decision represents a big loss for the DOL, which sought repayment of more than $6 million in back wages—and has engaged in a nationwide campaign to force more employers to recognize independent contractors as employees.

Beware misclassifying inside sales staff

05/01/2013
Do you have employees classified as inside sales employees? If so, you may be courting trouble unless you are absolutely sure they qualify for the exemption. That’s especially true if you also don’t track any extra hours they work.

State unemployment reforms to take effect July 1

04/30/2013
With North Carolina owing over $2.5 billion to the federal government, Gov. Pat McCrory signed a bill reforming the state’s unemployment insurance system shortly after he took office in January. The law applies to new unemployment claims filed on or after July 1, 2013.

Post-injury headaches may leave you on hook indefinitely

04/30/2013
If a worker who was hurt at work can find a doctor to testify that subsequent debilitating headaches were caused by the work injury, you can expect to continue making disability payments for a long time.

Garner landscaper illegally trimmed worker pay

04/30/2013
Garner-based KBE Landscaping will pay $14,651 in back pay to 33 em­­ployees after a Department of Labor investigation revealed the company failed to properly pay overtime to its hourly workers.

Teach the new, critical skill: Managing work/life demands

04/29/2013
There’s only so much an organization can do to help em­­ployees with their work/life balance. Some of it has to be up to them. Five simple steps:

Employees sent on weekend training time: Does that affect their overtime pay?

04/26/2013

Q. We sent a few employees to training over a weekend. They weren’t required to attend, but the course will help them do their jobs better. We paid the hourly ­workers for that time, but not overtime. Do we owe them overtime if they worked 40 hours before the training session?


From workers’ comp to part time: Can we reduce employee’s leave benefits?

04/25/2013
Q. We have an employee who was out on workers’ comp and has recently returned to work part time. (She is still collecting partial workers’ comp benefits.) Can we adjust her vacation and personal leave time to reflect the limited hours she’s working, or is she entitled to the full amount of days?

Supremes to hear U.S. Steel ‘changing clothes’ case

04/25/2013
The U.S. Supreme Court has agreed to hear a case involving Pittsburgh-based U.S. Steel. Workers at the company’s Gary, Ind., plant claim they should be compensated for the time it takes them to change clothes for work at the work site.

How to draw DOL scrutiny: Withhold pay, fudge time sheets

04/25/2013

The DOL’s Wage and Hour Division doesn’t want to see any funny business when it comes to accurately recording hours worked or paying employees on time. Don’t even think about manipulating payroll systems. Doing so will result in double damages going back three years.