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Compensation & Benefits

New N.Y. ‘wage theft’ law imposes stiff penalties on employers

01/07/2011
The Wage Theft Prevention Act, a law designed to end what workers’ rights advocates term “wage theft,” takes effect April 12, but the time to plan is now. The new law has teeth. It expands the New York Department of Labor’s enforcement powers, and as much as quadruples penalties on employers that violate the law.

After worker complains of bias, beware even small job changes–such as less overtime

01/07/2011
Employees who complain about discrimination are protected from retaliation. Anything that would cause a reasonable employee to rethink the original complaint is fair game for a retaliation lawsuit, including such seemingly minor consequences like losing a few hours of overtime pay.

Get workers back fast from FMLA leave: Run FMLA concurrently with other leave

01/07/2011
You can and should use the FMLA rules to encourage employees to return from FMLA leave as soon as possible. One of the most effective ways is to run their unpaid FMLA leave time concurrently with any paid leave they may have coming. That way, they can’t use up that paid time first and get another 12 unpaid weeks.

‘Wage theft’ law goes into effect April 12

01/07/2011
Employers will have to keep more records and regularly explain wage and pay details to their employees under a new law signed by Gov. David Paterson in December.

Do small employers have to comply with COBRA?

01/07/2011
Q. We are a small company with only 12 employees. We are under the impression that our employees do not have rights under the Consolidated Omnibus Budget Reconciliation Act (COBRA) since it applies to larger employers. Are we correct?

FLSA doesn’t cover claims for distress, punitive damages

01/07/2011

Employees who win Fair Labor Standards Act lawsuits over wage-and-hour violations can only collect damages based on concrete and real losses. They can’t collect emotional or punitive damages on top of other damages.

IT employees get time to give back locally

01/06/2011

At IT organization WorkSmart in Durham, N.C., employees work on work/life balance by running in charity races and pitching in at local schools. The firm has partnered with nonprofits to raise money and offer pro bono IT services. Employees get one paid day off per year to volunteer.

Exemptions change: Review duties each year

01/05/2011
As employees’ duties change, make sure you regularly update their job descriptions to reflect realities on the ground. Then use those job descriptions to see if they are still properly classified under the FLSA. Don’t rely on an analysis that’s even a couple of years old. As this case shows, even an analysis provided by the DOL isn’t safe.

11 for ’11: The top trends in HR, pay & perks

01/04/2011

Employers are emerging from the Great Recession with a different view of compensation and benefits. And, in most cases, that’s a good thing. Lessons learned in the lean years are being adapted and modified to make organizations stronger in this post-recession landscape. Look for these 11 trends to take a firm hold in 2011:

IRS: Slight increase in mileage rates for 2011

12/27/2010
The IRS last month published the optional mileage rates used to calculate the deductible costs of operating a vehicle for business. Starting on Jan. 1, the standard mileage rate for the use of a car, van or pickup will be 51 cents per mile for business miles driven, up from 50 cents in 2010.