• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Compensation & Benefits

It’s time to figure out who will replace the boomers

09/01/2007

Despite what you’ve heard about would-be retirees clinging to their jobs long into their golden years, the average retirement age is 62. That means the boomers are going to start racing into retirement. How many employees is your organization going to lose? Chances are, you don’t know. Most organizations don’t know how old their employees are or when those in their 60s plan to retire. Supervisors may know on a case-by-case basis, but what the organization needs is an overall profile so a mad dash out the door doesn’t catch anyone by surprise …

Law boosts pension portability as cash-Balance plans take off

09/01/2007

Dow Chemical Co., based in Midland, has announced it will adopt a cash-balance plan for new employees, making it the largest employer to do so since Congress passed legislation last year protecting new plans from age-discrimination lawsuits …

Retirees can sue employers who mismanage retirement investments

09/01/2007

The 3rd Circuit Court of Appeals has expanded the class in a class-action suit brought by former workers and retirees against their employer. The case centers on Conexant Systems Inc., which offered its own stock among the investment options employees could choose from when structuring their 401(k) plans. The stock fell from $7.42 per share to $1.70 in seven months during 2004 …

Paying exempt employees extra? Be sure to clarify status

09/01/2007

Do you pay exempt employees extra for working extra hours? If you do, make sure you clearly indicate that you still consider the employees as exempt. That way, should you stop making the payments, you haven’t created unreasonable expectations …

Lights out means it’s lunch time in Seattle

09/01/2007

Lights out signals lunch time at the NRG::Seattle insurance company. Every day at 11:30 am, the lights go off and all employees must stop working. This one-hour break gives employees the chance to eat together and take a breather before the second half of the workday …

Instruct supervisors: No work before official hire date

09/01/2007

Make sure all supervisors who have direct contact with job applicants understand this simple rule: No new employee performs any work until HR approves the hiring and provides a start date. Otherwise the applicant’s time spent “working” may become the basis for a Fair Labor Standards Act (FLSA) claim. Then, it will be your word against the applicant’s as to how many hours he or she actually worked …

A&P Faces Huge Back-Pay Class-Action Suit

09/01/2007

Thousands of cashiers, clerks, bakers and other hourly employees received the go-ahead for a class-action suit against the Great Atlantic and Pacific Tea Company, the Food Emporium and Waldbaum’s, all part of parent company A&P, for unpaid overtime dating back to 1998 …

Are your employees headed for overtime? Maybe not

09/01/2007

A Federal Court of Appeals recently ruled that auto mechanics paid on a flat-rate system are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The court found that the flat-rate system used in the auto repair industry is akin to a commission system for FLSA purposes. The case opens the door for some employers to restructure their pay system to avoid costly overtime …

Make sure independent contractor honors pay obligations

09/01/2007

If your business is seasonal, you may rely on an independent contractor to provide extra workers during crunch times. Whether it’s harvesting a crop, having the office cleaned or counting inventory, you must take steps to ensure your contractor pays his or her employees minimum wage and overtime …

Pharmaceutical reps hit Abbott with unpaid overtime suit

09/01/2007

A class of pharmaceutical sales representatives has filed suit against North Chicago-based Abbott Laboratories for unpaid overtime. The lawsuit claims that Abbott, like other drug makers, unlawfully classified pharmaceutical reps as salespeople. Salespeople are exempt from the overtime provisions of the Fair Labor Standards Act …