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Compensation & Benefits

Court rejects Continental worker’s claim of benefit miscalculation

02/01/2007

A federal judge in Texas recently dismissed a lawsuit brought by an employee who sued his former employer under the Employee Retirement Income Security Act (ERISA), alleging that the company had breached its fiduciary duties …

Retail bosses needn’t be present to win executive exemption

02/01/2007

In an important opinion letter issued recently, the U.S. Labor Department said store managers can retain their executive-exemption status (i.e., ineligible for overtime pay) even if they don’t physically supervise employees under their control on a regular basis

‘Balanced hours’ program helps recruit, retain lawyers

02/01/2007

Law firms often eschew scheduling flexibility because their income is based on billable hours. But the loss of a few hours isn’t as expensive as recruiting new lawyers. That’s why law firm Kirkpatrick & Lockhart Nicholson Graham introduced its Balanced Hours program, allowing its busy lawyers to telework and flex their schedules

How to comply with Georgia’s child-labor laws

02/01/2007

Georgia has special child-labor laws that can trip you up if you’re not careful. With federal child-labor laws to consider as well, Georgia employers must navigate a tangled web of regulations when employing young workers …

Delegating Wage-Setting Discretion to Branches Won’t Justify a Class-Action Lawsuit

02/01/2007

Recently, clever lawyers toyed with a new tactic, hoping to turn individual discrimination cases into nationwide class-action monsters. They’d find a single unhappy employee and sue on behalf of all similarly situated employees in a company’s subsidiaries

Watch for New Prevailing-Wage Rules for Building Services Workers

02/01/2007

The New Jersey Department of Labor & Workforce Development intends to enact new prevailing-wage rules for contractor employees or subcontractors who work on building services projects at properties owned or leased by the state …

You can pay lost wages, then fire reinstated employee

02/01/2007

In a unionized workplace, it can be tricky when an arbitrator—while interpreting a collective-bargaining agreement with the union—second-guesses the employer’s decisions …

Part-time, ‘as-needed’ employees can still sue for bias

02/01/2007

Employees can sue for discrimination if you illegally figure their race, sex, age, religion, disability or pregnancy status into their termination. That’s true even if an employee is a part-timer who works only a few hours on an as-needed basis …

Funeral home company sued over wages, bias, harassment

02/01/2007

One of the world’s largest funeral home companies faces a class-action lawsuit by up to 6,000 current and former employees for failure to pay back wages and overtime of between $40 and $70 million …

If you benefit from volunteer labor, prepare to pay for it

02/01/2007

Nonprofits and employers in highly competitive fields often use volunteers to ease labor budgets and try out employees “before they buy.” But unless you structure those situations just right, you’re likely to run afoul of the Fair Labor Standards Act and the New York Minimum Wage Act