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Compensation & Benefits

Paying off vacation at termination

08/05/2008

Q. We have a policy that vacation pay is not paid at termination unless the employee attends an exit interview at which he signs a release of any claims he may have. Is this permitted? …

Review duties before assuming outside sales reps are exempt

08/05/2008
Some kinds of employees are exempt from the overtime provisions of the FLSA. They include so-called “outside” salespeople who are “actively engaged in activities directed toward the consummation of his own sales, at least to the extent of obtaining a commitment to buy from the person to whom he is selling.” It’s a tough test …

Courts hesitate to intervene in church leaders’ employment disputes

08/05/2008
While many employees who work for religious organizations are covered by state and federal discrimination and contract laws, some are not. Those positions that involve execution of religious doctrines probably aren’t covered …

ADA retaliation settlement gives officer promotion, pay

08/05/2008
Lance Lazoff, an officer with the Colorado Springs Police Department, will be promoted to sergeant with back pay and benefits to settle his retaliation lawsuit against the city. Lazoff alleged that, despite an exemplary service record, he was denied promotion to the rank of sergeant because of his vocal support for his wife’s claim under the ADA …

Paying exempt employees on an hourly basis

08/05/2008
Q. We have several positions that satisfy the duties tests for the so-called “white collar” exemptions (executive, administrative and professional). We want to pay these people hourly, rather than on a salary basis, because sometimes they perform work that would be considered nonexempt. Can we do this? …

New bill gives unemployed Texans 13 more weeks of benefits

08/04/2008
The Texas Workforce Commission recently announced that federally funded unemployment insurance (UI) benefits will be extended for 13 weeks. On June 30, President Bush signed legislation authorizing Emergency Extended Unemployment Compensation …

Bryan-Based MIWU sued for mismanagement of health fund

08/04/2008
The U.S. Department of Labor has sued an employer association, a health fund trustee and the fund’s consultant over allegedly imprudent management of the Manufacturing and Industrial Workers Union (MIWU) Benefit Fund of Bryan, Texas …

The Genetic Information Nondiscrimination Act finally becomes law

08/04/2008
President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees …

Is time off for voting required? Paid?

08/04/2008
Q. Must an employer give employees time off to vote? If so, must we pay employees for the time they spend voting? …

Federal court clarifies ‘Protected activity’ under the FLSA

08/04/2008
The 5th Circuit Court of Appeals has issued an important ruling in a Fair Labor Standards Act (FLSA) case. It marks the first time the court has defined exactly what the FLSA means when it refers to filing a wage-and-hour “complaint.” The court’s decision is important because it means employers that punish employees who file complaints may be liable for retaliation …