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Compensation & Benefits

Arbitrate FLSA claims? One court says yes

06/08/2009

Many employers place arbitration clauses in their employment applications or handbooks. The idea is that forcing employees to arbitrate workplace disputes will be quicker and easier than going to federal court. A recent federal court decision by a Florida-based judge has upheld the right to take even FLSA complaints over wage-and-hour law to arbitration.

Retain notes on salary negotiations to protect against pay discrimination claims

06/08/2009

We all understand that in a free-market system, it sometimes takes extra money to induce an applicant to leave one job for another. That’s all part of the hiring dance. But sometimes the end result is that an existing employee ends up earning less than a new employee who holds the same or a similar job and may sue for discrimination.

Labor Department seeks more funds to boost enforcement

06/08/2009

U.S. Secretary of Labor Hilda Solis’ budget request to Congress includes funds to hire nearly 1,000 new employees, 670 of whom will be investigators. The plan calls for 200 more wage-and-hour Labor investigators and 160 additional OSHA gumshoes.

You don’t need a Sherlock Holmes investigation to deny ERISA benefits

06/05/2009

A federal appeals court has made it harder for employees to challenge your decision to deny a benefit covered by the Employee Retirement Income Security Act (ERISA).

Small institution tackles big premium hikes

06/05/2009

When the Lake Forest Graduate School of Management got socked with back-to-back health premium increases of 21.9% and 19% in 2004 and 2005, respectively, its HR execs knew it was up to them to help the employees get healthy.

‘Circle of Growth’ keeps call center turnover low

06/05/2009

In an industry that suffers an 80%-plus turnover rate, The Beryl Companies’ Dallas-based call center loses just 17% of its employees each year. Founder and CEO Paul Spiegelman attributes the low turnover to what he calls his “Circle of Growth” philosophy.

Ohio ranks 10th on business tax index

06/05/2009

Ohio ranked among the nation’s most business-friendly states in the Small Business and Entrepreneurship Council’s (SBEC) Business Tax Index for 2009. The SBEC annually assesses the tax climates for business and entrepreneurs in the 50 states and the District of Columbia.

Who takes Chrysler’s workers’ comp problems?

06/05/2009

As Chrysler sought a buyer, Ohio Attorney General Richard Cordray wondered how much it would cost the state in workers’ compensation payouts. Chrysler self-insures its workers’ compensation, but Fiat may not want to assume that obligation. What happens to workers receiving benefits then?

Use TEAM approach to stay union-free in a union-friendly world

06/05/2009

By now, nearly everyone in HR has heard of the Employee Free Choice Act (EFCA), under which unions would have a much easier time becoming certified. Because unions have become more aggressive and more successful at unionization even without the EFCA, I recommend that employers adopt the TEAM approach to keeping their workplaces union-free.

Beware incentive plans that deduct pay from exempt employees

06/05/2009

The FLSA sets strict rules for who can be classified as an exempt employee not entitled to overtime pay. One of those is the so-called salary-basis test. Exempt employees must be paid the same salary regardless of the quality or quantity of their work in any given pay period. In other words, employers can’t make deductions from pay for poor work.