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Compensation & Benefits

Common beef, even vulgarity, won’t rule out unemployment

10/09/2012
Employees who get into arguments may be violating workplace rules. But that doesn’t mean that firing them cuts off possible unemployment compensation benefits.

Haven’t been enforcing call-in policy? Start now

10/09/2012
If you haven’t been enforcing your rule requiring absent employees to call in every day, start now. Just make sure employees know you plan to enforce it going forward.

Ohio sushi chefs to slice up at least $100K in back pay

10/09/2012
Sushi Rock restaurants failed to ensure tipped employees made at least minimum wage, according to the DOL’s Wage and Hour Division. Now the chain must pay at least $100,000 in back pay, to be split among 54 employees.

State chart: withholding on supplemental pay

10/08/2012
STATE WITHHOLDING RATES: Here’s a chart summarizing how states handle income tax withholding on supplemental wages. Note: To get the full story on state tax rates, visit your state tax department’s website.

Timekeeping records: Know the rules for exempt & nonexempt staff

10/08/2012
Employers with casual timekeeping systems are much more likely to face lawsuits over unpaid wages than organizations with strict record-keeping rules. Some simple procedural guidance can help keep you out of court. Here’s how the record-keeping requirements for exempt employees differ from those for nonexempt workers.

IRS nixes reimbursement plans as wage recharacterizations

10/07/2012
It would be great if you could wave a magic wand and convert some of employees’ taxable wages into nontaxable business reimbursements. But you can’t. A new revenue ruling reiterates that employees’ expenses must have a business connection before you can reimburse them tax-free.

May we legally restrict when employees can take small amounts of vacation time?

10/05/2012
Q. We have recently needed to cut back on some of our employees’ shifts, meaning that some of our workers are now working fewer than 40 hours per week. In order to bring their hours up to 40, these workers have been filling their time sheets with varying amounts of their earned vacation. Are we permitted to restrict when our employees use their earned vacation?

How should we handle pay while our employee is serving jury duty?

10/05/2012
Q. One of our employees received a jury duty summons. What are our obligations towards the employee in terms of pay and leave?

Arlington firm owes $53K in overtime wages

10/05/2012
Arlington-based Espitia Cleaning Inc. agreed to pay $53,095 in back wages to 130 current and former janitors following a U.S. Department of Labor investigation.

Ledbetter law doesn’t apply to state pay claims

10/05/2012
Under the federal Lilly Ledbetter Fair Pay Act of 2009, employees who believe their paychecks reflect a discriminatory pay decision made years or even decades ago can still sue. But that principle doesn’t apply if an employee pursues a state pay discrimination claim under the Texas Commission on Human Rights Act.