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Compensation & Benefits

Review severance packages to limit liability for age bias

07/25/2012
When employers offer severance packages, they often ask employees to waive their rights to sue the employer. That’s a smart strategy, but small discrepancies in the agreement’s wording can make the difference between a successful severance package and a call from the EEOC.

Bolster benefits to retain best and brightest

07/25/2012
The job market is opening up, increasing opportunities for employees to change jobs if they want to. The bad news for employers: The workers most likely to look for new jobs are those that organizations would most like to keep. The secret weapon for retaining valued, high-performing employees with wandering eyes: better benefits.

Do tips count as pay for the purpose of calculating an employee’s overtime rate of pay?

07/24/2012
Q. Some of our employees receive tips from cus­­tomers. Do we need to include those tips when we calculate these employees’ rate of pay for purposes of paying them overtime?

Can former part-timers collect unemployment?

07/24/2012

Q. Our company received a claim for unemployment compensation from one of our former part-time employees. Are part-time employees eligible to receive unemployment benefits?

Analysis: Supreme Court’s landmark health care reform decision

07/24/2012
On June 28, the U.S. Supreme Court upheld the Afford­­able Care Act. But the decision does not mean that the validity of the ACA is settled once and for all. Future legal challenges, and, of course, the November elections, may determine the law’s ultimate fate, but for now, prudence is the wisest course of action. Employers should proceed as if the law is constitutional.

Reconsider if complaint that led to firing is recanted

07/24/2012
If you’re ready to fire an employee because of a co-worker’s or customer’s complaint, think twice if the complaint is recanted. Otherwise, the fired employee may sue, claiming that your stated discharge reason was false and merely an excuse to terminate.

No pay? No doubt you will face a lawsuit!

07/24/2012
Never skip a payday. That’s just asking to be sued, as the following case shows.

Weigh employee’s good-faith intentions before contesting unemployment benefits

07/24/2012

Employees don’t qualify for un­­employment benefits if they’re fired for misconduct. After all, it’s their own fault they were fired. Mis­­conduct generally includes actions that violate a so-called “reasonable employer” rule. However, employees who violate an employer’s reasonable rule because of a good-faith error in judgment can still collect benefits.

Hey, we just wanted the lease, not the legal bills!

07/24/2012
Sunset Car Wash had no idea it was about to be cleaned out when it took over the lease from Auto Spa Express. A court has ruled Sunset must pay back wages and penalties owed to Auto Spa’s former em­­ployees.

Study: Health costs continue slower growth in 2013

07/23/2012
Health care costs are expected to grow at about 7.5% next year, reflecting the sluggish economy and employer efforts to hold down expenses, says a new study by Pricewaterhouse-Coopers.