Payroll

The Obama years: 4 predictions for employment law circa 2012

01/21/2009

President Obama has put forth a significant employment and labor agenda. If he and the Democratic-controlled Congress succeed in passing proposed legislation, the next several years will see the creation of new protected classes, more family leave rights and the re-emergence of labor unions.

Remember to recalculate overtime after bonus

01/15/2009

If, like many employers, you rely on a bonus plan to help retain valued employees and motivate them to work hard, don’t get caught in this common trap: Employees who worked overtime during the bonus-earning period will be entitled to additional overtime pay after they get their bonuses.

Make sure ‘executive exemption’ fits, or you could be liable for huge FLSA damages

01/13/2009

Don’t make one of the most common mistakes HR managers do when classifying employees as exempt—by relying on the so-called “executive exemption” for employees you call managers and supervisors. Unless you can back up your claims with solid proof, your organization could be on the hook for an expensive jury award.

Control, payroll big factors in who pays for injury

01/09/2009

Sometimes, employees of one company may end up temporarily doing work for another company. If they are injured during the course of that work, who picks up the tab? Generally, the employer that carries the employee on the payroll and that controls the way the work is done.

Do year-end bonuses affect pay status?

01/05/2009

Q. What effect do end-of-year bonus payments have on a nonexempt recipient’s hourly rate of pay?

Worker’s hour count is off—Now what?

12/31/2008

Q. We do not believe that one of our employees is keeping accurate time records of her work. Can we pay her what we believe she worked instead of what her time records show?

No ERISA benefits if employees aren’t on the payroll

12/24/2008

Now is a good time to review the eligibility requirements for your health and welfare benefits plans. If you word them correctly, you can exclude people who work for the company under third-party contracts …

Employers slashing ’09 salary budgets

12/24/2008

Remember those surveys last summer forecasting steady 3.6% salary increases for 2009? Forget about it. U.S. workers, on average, are now projected to receive annual merit increases of between 2.3% and 3.0% …

Formal contract not necessary for employee to bring wage claim under IWPCA

12/11/2008

Under the Illinois Wage Payment and Collection Act, employees can sue their employers if they believe they are owed money, including promised commissions and the like. The law doesn’t require that the money owed be promised in a binding, written contract.

Florida staffing company owes NY workers $113,000

12/09/2008

Star One Staffing, based in Coral Gables, has agreed to pay $113,000 in back wages and damages to 70 Filipino workers to settle charges brought by New York Attorney General Andrew Cuomo.