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Compensation & Benefits

Use tip credit for some pay? Beware requiring ‘substantial’ work that doesn’t generate tips

05/11/2011
Employers must be careful not to give tipped employees too many additional duties to complete before, during or after their tip-generating activities. If more than about 20% of their time is spent on such activities, you may have to pay them the full minimum wage for those hours, regardless of how much they earn in tips during the shift.

Lower employee stress to raise performance

05/11/2011

Studies show that workplace stress has increased over the past several years and that productivity can drop if employers don’t address the problem. Here are just some of the issues likely stressing your staff—along with suggestions on how HR can help.

IRS ramps up HIRE correspondence audits

05/11/2011
You knew it was going to happen. With so much revenue at stake, the IRS has begun correspondence audits of employers that claimed the 6.2% Social Secur­ity credit against wages paid to new hires under the 2010 Hiring Incentives to Restore Employment (HIRE) Act.

2011 state laws governing direct deposit and pay cards

05/10/2011
Most states prohibit employers from mandating that employees receive their pay electronically—whether through direct deposit or pay cards. Many states also forbid employers and banks from charging a fee if employees decide to cash out all their pay with one transaction. Here’s a brief summary of state laws affecting direct deposit and pay cards.

When does 50 not equal 50? FMLA coverage versus FMLA eligibility

05/06/2011

Most people think of 50 as the magic number for the FMLA. “Oh, we have 50 employees, so now we have to comply with the FMLA,” is a popular refrain among HR departments. It is not that simple. The FMLA has two different rules that must be met before you have to offer FMLA leave to an employee—coverage and eligibility, which both have the magic number 50 as a key component.

DOL dogs animal hospital to make good on OT violations

05/06/2011
Pleasant Run-based Hamilton Avenue Animal Hospital faces a wage-and-hour lawsuit after a U.S. Department of Labor investigation found the owners forced employees to pay back overtime they had received.

Employee just walks out? No unemployment for him!

05/06/2011
In most cases, if an employee packs up his things, storms out of the workplace and then doesn’t show up the next day, he won’t collect unemployment compensation.

Disciplining? Consider employee’s FMLA status

05/06/2011
Employees who take FMLA leave may have a retaliation case if their employers discipline them differently than other employees and can’t explain why. That’s why you must be able to explain every discipline decision and differentiate between seemingly similar conduct.

Check your FMLA policy: Does it comply with new leave expansions?

05/04/2011
Congressional actions often grab the headlines, but recent executive branch moves have subtly expanded those who qualify for leave under the Family and Medical Leave Act. Make it a point to regularly review your FMLA policy to ensure it is up-to-date and complies with the latest laws, court decisions and Department of Labor regulations and interpretations.

N.Y. offers tools for Wage Theft Prevention Act compliance

05/04/2011
The New York State Department of Labor has issued notification templates New York employers can use to comply with the state’s new Wage Theft Prevention Act. The law, which went into effect April 9, requires employers to provide every employee with a statement detailing the following information: