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Compensation & Benefits

Constructive discharge a tough sell after you ask to be fired

11/06/2008

Mary Barone had worked for United Airlines since 1995. In 2005, she was promoted to manager of business process administration in Denver. Eventually, Barone sued for discrimination and retaliation, alleging constructive discharge—essentially that she had no choice but to resign.

Is paying a daily wage risky?

11/06/2008

Q. In our industry, there is a historical practice to pay field workers a daily wage, which compensates them for all hours worked. Now we understand that class actions are being used in the wage-and-hour area to fight such practices. Is this practice a good idea in light of class-action suits?

Feds offer relief for benefits plans affected by Ike

11/04/2008

In response to damage caused by Hurricane Ike, the IRS, the U.S. Department of Labor’s Employee Benefits Security Administration and the Pension Benefit Guaranty Corporation have issued a federal notice allowing leeway for compliance with employee benefits plan requirements.

Unemployment claims rise in wake of Gulf hurricanes

11/04/2008

The number of new unemployment benefits claims filed nationwide increased by 32,000 in late September, a spike at least partially attributable to layoffs that followed hurricanes Gustav and Ike. That brought total late September unemployment claims to 493,000.

Can we require workers to pay for their uniforms?

11/04/2008

We’d like our retail staff to wear uniforms. Can we charge them for the uniforms? …

Employee or independent contractor? It matters for FLSA

11/04/2008

True independent contractors aren’t covered by the Fair Labor Standards Act (FLSA). Employees are. But sometimes it’s hard to tell who is a true independent contractor and who isn’t.

When USERRA conflicts with changing organizational needs

10/30/2008

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) grants service members re-employment rights when they notify their employers of their intent to return to work after being released from active duty. But what happens when an employer finds that its business needs have changed while the employee was on active duty? …

How to handle overtime for nonexempt employees on salary

10/30/2008

Q. We pay our nonexempt employees weekly on a salary basis, no matter how many hours they work during the week. These employees have not worked overtime hours in the past. However, the company’s operations have changed, and we expect to require some overtime work in the near future. Will we have to pay the employees time-and-a-half for those overtime hours? …

When cutting costs, hands off the doughnuts

10/28/2008

Faced with rising costs, Quality Environmental Professionals Inc. scrambled to find ways to cut costs without laying off staff. But when the CEO tried to cut into the doughnut budget, employees balked. Employees offered to work an extra hour or two each week to ensure the continued flow of doughnuts …

What are the liability risks for health plan administrators?

10/28/2008

Q. I was recently approached by one of our company’s board members and asked to act as the plan administrator for our health benefits plan. I am nervous about assuming formal responsibility for plan administration. Am I subject to personal liability for administering our company’s plan?