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Compensation & Benefits

When computing employee pay, are we allowed to round off employee working hours?

06/20/2012
Q. My company uses a time clock to track the hours of nonexempt employees. When we determine the wages to be paid to employees, can we round up or down to the nearest five-minute increment?

Overtime violations cost Downey nursing firm $654,082

06/20/2012
A lawsuit prompted by a DOL investigation has resulted in a court order requiring Extended Health Care Inc. of Downey to pay $654,082 to 108 nurses who alleged they missed out on overtime pay in violation of the Fair Labor Standards Act.

OK if retirement plan favors surviving spouses

06/20/2012
Courts have spent considerable time sorting out the impact of Title VII on defined-benefit pension programs. Does an employer have to equalize the total amount male and female retirees receive? The answer is no.

Limiting same-sex perks, DOMA ‘unconstitutional’

06/20/2012
A federal district court has ruled that the federal Defense of Marriage Act (DOMA) violates the equal protection clause of the Constitution by prohibiting California same-sex couples from signing up for long-term care insurance through the California Public Employees’ Retirement System.

Recession, high costs made fewer seek care

06/20/2012
Money worries and the steadily rising cost of health care led fewer Americans to seek medical treatment in 2010, according to a new, detailed analysis by the nonprofit Health Care Cost Institute.

Supreme Court ‘pharma sales’ ruling could have broad FLSA implications

06/19/2012
The U.S. Supreme Court has ruled that pharmaceutical sales representatives are indeed outside salespeople under the terms of the Fair Labor Standards Act. It’s a decision that could have far-reaching effects on other wage-and-hour issues. And it’s a big win for employers, regardless of the industries in which they work.

Who’s responsible for withholding mistakes?

06/19/2012

Q: If an employer underwithheld income taxes by not using an employee’s W-4 form properly, and the employee is assessed interest and penalties when he files his 1040, can he hold the employer responsible for the interest and penalties, or even the underwithholding?

Walmart sees light, settles overtime pay lawsuit

06/18/2012
Walmart has agreed to pay $4.8 million to settle U.S. Department of Labor charges that it misclassified employees working at vision centers in the retail giant’s stores.

Minnesota backs away from edge of retirement ‘cliff’

06/18/2012
The Minnesota state government has settled the last age discrimination claims resulting from early retirement packages offered to state employees.

Tragic personal history doesn’t excuse misbehavior

06/18/2012
If you have a no-violence rule, you don’t have to alter the punishment based on the employee’s personal history, no matter how tragic.