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Compensation & Benefits

Ensure FLSA exemption is for actual job—Not theoretical one

05/06/2008
When it comes to the Fair Labor Standards Act, employers can’t afford to make classification mistakes. Only exempt employees lose out on overtime when they work more than 40 hours per week. The U.S. Department of Labor—and courts—strictly interpret what constitutes exempt work and what does not …

DOL files back-Wage suit against Aggregate Industries

05/06/2008
The U.S. Department of Labor has filed a lawsuit seeking more than $1 million in back wages for 302 Denver-area employees of Aggregate Industries in Golden. The lawsuit claims the company paid truck drivers on a per-load basis without regard to the number of hours they worked, resulting in unpaid overtime …

Hourly computer programmers and overtime pay

05/06/2008
Q. We employ computer programmers who write sophisticated custom software programs for clients. We bill their services by the hour and pay them by the hour, based on their experience and the work involved. The hourly rates we pay range from $30 to $80 per hour. Sometimes, there is a rush on a project and the programmers have to work overtime. Do we have to pay time and a half the hourly rate if the programmers work over 40 hours per week? ….

Do we need an attorney to represent us during unemployment comp hearings?

05/05/2008
Q. Should a Texas employer hire an attorney to represent it in an unemployment compensation proceeding where the claimant is represented by counsel?

Texas court to rehear ruling on whether premises owner can avoid tort liability

05/05/2008
The Texas Supreme Court in April granted a petition to rehear its decision that a premises owner was protected from tort liability under the state’s workers’ compensation law because it was also a general contractor …

Even small differences can justify different treatment

05/05/2008
An employee sometimes will look for any reason to file a lawsuit—especially if she thinks she has been treated unfairly but doesn’t have any direct evidence. That’s one good reason for justifying all employment-related decisions …

Texas water company to pay $597,000 for FLSA violations

05/05/2008
A Texas company that provides water transfer services for the natural gas industry has agreed to pay $597,530 for violating the Fair Labor Standards Act. An investigation by the U.S. Department of Labor found that the Western Company of Texas, Inc., based in Justin, owed back wages to 237 employees. The company had failed to pay them overtime …

HR handles all transfers? Beware ERISA violation risk

05/02/2008
HR is usually the first to know when an employee files an ERISA complaint or lawsuit. Since HR also typically handles transfer, hiring and promotion paperwork, that can put the company at risk for a retaliation lawsuit …

Add HIV/AIDS education and counseling to EAP offerings

05/02/2008
The workplace might be the best place for employees to learn how to prevent HIV and AIDS, says a new Conference Board report. Two-fifths of U.S. employers distribute information to workers about the risks of becoming infected with HIV—the human immunodeficiency virus, which causes AIDS. Nearly 90% of corporations worldwide conduct HIV and AIDS education …

10 tips to ease the pain when tightening the benefits belt

05/02/2008
A slowing economy and tight cash flow might make it tempting to trim benefits and bonuses. But drastic cuts could be penny-wise and pound-foolish. Here are 10 ways you can help soften the blow of reduced benefits and incentives …