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Compensation & Benefits

You don’t have to pay all managers equally unless jobs are substantially similar

08/08/2008
Competing demands for talent mean some professional positions warrant higher paychecks than others. As the following case shows, the Equal Pay Act (EPA) doesn’t require all positions on the same line of the organizational chart to be paid the same …

Déjà Vu owners should have seen dancers’ FLSA claim coming

08/08/2008
A group of exotic dancers who worked at nine Déjà Vu nightclubs over the past three years are suing Lansing-based Déjà Vu Consulting and Durand-based Cin-Lan Inc. for back wages. The lawsuit claims Déjà Vu misclassifies its dancers as independent contractors, resulting in wages below the minimum wage …

Stray comments alone won’t prove religious discrimination

08/06/2008
Employees, aided by new EEOC guidance on religious accommodations, are feeling freer to ask for time off to participate in religious worship. The EEOC guidance makes it clear that employees must make the first move to work toward an accommodation since Title VII bars employers from asking about an applicant/employee’s religion …

You’re justified in firing employee you reasonably believe committed ‘Leave fraud’

08/06/2008
Here’s a surprisingly common situation that presents what looks like a no-win situation for employers: A worker with a high-pressure job and a heavy workload asks for FMLA and short-term disability leave for various minor health problems. The company approves the leave, expecting the employee back after 12 weeks …

‘Forgot’ to pay overtime? Ignorance of the law is no excuse

08/06/2008
Want to end up paying double or more the overtime you owe? Then ignore the Fair Labor Standards Act (FLSA) and New York labor laws. If you don’t pay what you owe in overtime—on time and accurately—you may end up paying double under the FLSA, going back three years; and 25% more than you owe, going back six years …

Bronx construction workers receive $1.23 million in back pay

08/06/2008
J. Siebold Construction will pay 284 workers in the Bronx $1.07 million in back wages, plus $160,000 in interest and penalties to settle unpaid overtime charges brought by New York’s attorney general and the state Labor Department …

Court addresses workers’ comp physician conflict of interest

08/05/2008
In a case that could have complicated workers’ compensation cases in Colorado, the Court of Appeals of Colorado has decided to allow physicians to do limited work for insurance carriers while still performing independent medical examinations on employees whose employers are insured by the same carrier …

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 …