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Compensation & Benefits

Old pay cut may be basis for new pay-bias claim

03/31/2011

It’s important to regularly review your records of evidence of past discrimination. If an employee now earns less after missing out on past promotions, each new paycheck can support an equal-pay claim under the Lilly Ledbetter Fair Pay Act. Now a court has expanded that reasoning to include lower paychecks based on past discriminatory pay cuts.

Obama calls for hike in FUTA for employers

03/31/2011
With state unemployment funds drying up, the Obama administration’s budget proposal calls for increasing the wage base for the Federal Unemployment Tax Act (FUTA) tax paid by employers.

Who pays for uniform cleaning?

03/29/2011
Q. We require employees to wear uniforms. Can we deduct from their paychecks the money to pay for the uniform or clean it?

Are we allowed to offer housing stipends to just some employees?

03/29/2011
Q. Is it legal to offer some employees, but not others, stipends to help with rent or lodging?

Acquiring another company? Buyer beware on employee benefits

03/29/2011
If your company ever acquires another company that has multiemployer pension or health benefit plan obligations through a union, beware. You could wind up being responsible for any delinquent contributions or underfunded benefit liabilities of the seller.

Benefits administrator pleads guilty to ERISA embezzlement

03/29/2011
The owner of Ohio-based Irvin Administrative Solutions faces up to 10 years in prison plus fines and restitution for embezzling more than $1 million from 12 different retirement plans located in seven states. The company served as a third-party administrator for employee retirement plans covered under ERISA.

Employees can’t relitigate state case in federal court

03/29/2011
If an employee loses a case in state court and then doesn’t appeal, he can’t just march into federal court.

Electrical contractor to pay for fed labor law violations

03/29/2011
Fourteen employees of Quinco Electrical—a nationwide commercial electrical firm with a major office in Raleigh—will be getting something extra in their pay envelopes now that the company has settled a case alleging it violated federal contracting labor laws.

Comparing paychecks: Can we prohibit it?

03/25/2011
Q. You recently wrote that the National Labor Relations Act gives employees the legal right to discuss their pay with one another. Our office policy has always been that we do not allow this. Are we within our legal rights to prohibit it? We are a private medical practice with 88 employees and four offices.

How to discipline employees for working unauthorized OT

03/24/2011
Hourly employees know that if they work overtime, their employer must pay them for the extra hours. That’s true, but it doesn’t mean they can work OT whenever they feel like it. Here’s how to end unauthorized overtime: