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Compensation & Benefits

Get expert help when classifying commercial drivers

01/31/2012
Here’s a bit of advice to any employer using commercial drivers in their enterprise: Before concluding those employees are exempt from overtime under the Fair Labor Standards Act because they’re covered by the Motor Carrier Act, call your attorney.

Social Security rate stays at 4.2%–likely through ’12

01/31/2012
In December, a last-minute congressional vote allowed the year-long 4.2% employee Social Security tax rate to remain at least through Feb. 29. But if congressional negotiations break down, be aware that the rate could jump back to 6.2%.

Start your engines! Mileage rate at 55.5 cents a mile

01/30/2012

The standard mileage rate, which employers may use to reimburse employees who drive their own cars on business, remains 55.5 cents a mile for 2012. You can also use the standard mileage rate to value employees’ personal use of moderately priced company cars.

President proposes new pay rules for home health workers

01/27/2012
In an attempt to right what he ­­per­­ceives to be a wrong-headed Supreme Court decision, Presi­dent Obama is asking the DOL to change Fair Labor Stand­­ards Act regulations covering home health care workers.

How to ward off some class-action pay-bias suits: Grant managers limited discretion to set pay

01/27/2012

Do your managers have limited discretion in setting pay? If so, you may have a built-in way to prevent large class-action lawsuits over equal pay. It’s all because of last summer’s big Supreme Court decision in Wal-Mart, Inc. v. Dukes.

Is it legal to lower salesperson’s pay?

01/25/2012
Q. We are planning to change a salesperson’s pay from straight salary to a lower salary plus commission. Can we do this without violating wage laws?

Can we dock exempts for snow-day absences?

01/25/2012
Q. Due to recent snowstorms, some exempt employees have not been able to get to work. Can we dock the pay or accrued leave of employees who do not come to work? Can we do so even if the office is closed?

President proposes new pay rules for home health workers

01/25/2012

In an attempt to right what he ­­per­­ceives to be a wrong-headed Supreme Court decision, Presi­dent Obama is asking the DOL to change FLSA regulations covering home health care workers. Those workers have been exempt from the law since 1974 when the DOL lumped the workers into a “companion” category along with baby sitters and nannies.

Employee worked through break? You must pay

01/25/2012
Many employers automatically deduct meal period breaks from time worked to simplify wage-and-hour calculations. That’s fine, but you must make sure there is an easy way for employees who work through their meal breaks to report the additional paid time.

IRS tells how to make bonuses tax deductible for employers

01/25/2012
The IRS has clarified that em­­ployers can take a current-year tax deduc­­tion for a fixed amount of bonuses that will be paid to employees during the following year, even though the amount that each employee will re­­ceive, and even the identity of employees, aren’t known until after the tax year ends.