Author: HR Daily Advisor Staff

Catch Me If You Can Compensation? DOL Says ‘I Caught You’

“There is a dramatic increase in wage and hour lawsuits,” says Contacos-Sawyer (and the recent Wal-Mart decision probably means an even greater increase). At her presentation at the recent World at Work Total Rewards Conference in San Diego, Contacos-Sawyer, president of HR Consultants, Inc., was joined by colleagues Polly Wright and Judith Mickey.  What About […]

When Do You Owe Mandatory Split-Shift Pay?

Under California law, employees who work a “split shift” are entitled to one hour’s pay at minimum wage in addition to at least the minimum wage for that workday. But what, exactly, is a split shift? Guest columnist Cathleen Yonahara of San Francisco-based Freeland Cooper & Foreman, LLP explains.

Houston, We Have an FMLA problem …

Basic FMLA is hassle enough, but employees keep finding new ways to make FMLA compliance just a little bit harder. Today, answers to tricky “during leave” FMLA issues. What if I find out that an employee is working another job or has been interviewing or inquiring about other jobs while on leave? There is no […]

How I Sold Flex to Management

DeVry’s CEO was skeptical, says Nancy Johnson, Sr. Director Talent Management, but most managers were supportive, and ultimately she did sell management on flex.  Johnson shared her flex tips at World at Work’s Total Rewards conference held recently in San Diego.  How Johnson Sold Flex as a Business Strategy  First of all, flexibility had been […]

Discipline and Termination—Near Guarantees of a Lawsuit

In yesterday’s Advisor, we covered “almost smoking gun” mistakes; today, more mistakes your managers make, plus an introduction to a unique, checklist-based audit system. Today’s mistakes are again courtesy of the Rhode Island Employment Law Letter written by attorneys at the law firm of Little, Medeiros, Kinder, Bulman & Whitney, P.C. As with evaluations, discipline […]

Beware the Undead: ERISA Equitable Relief Ruling Brings Cases Back from the Grave

A landmark Supreme Court ruling on relief available under ERISA in employee benefit cases is bringing cases back to life that we thought were dead and gone. In CIGNA v. Amara, the U.S. Supreme Court on May 16 ruled that ERISA’s enforcement provision allowing for “appropriate equitable relief” — ERISA Section 1132(a)(3) — aka Section […]

Flex—‘Nice-to-Have’ or Business Imperative?

At World at Work’s Total Rewards conference held recently in San Diego, sessions on flextime were eagerly attended. Burrus shared her tips for developing a flex program that supports the business while at the same time pleasing employees. Burrus is the Workplace Flexibility Practice Leader at Waltham, Mass.-based WFD Consulting. She offers six stages of […]

Not ‘Smoking Gun,’ But Almost as Bad

The worst-case scenario defending against discrimination claims is the “smoking gun.” (“Too old for this job” written on résumé .) In today’s Advisor, several of the somewhat lesser mistakes that can still shoot your defense to pieces. Fortunately smoking gun evidence is rare. What is common, however, is the type of evidence that, on its […]

Office of Special Counsel Aims at Fed Agencies with USERRA Project

A new project adds another layer of bureaucratic oversight about which federal employers should be aware when dealing with employees exercising their rights to job protection under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The U.S. Office of Special Counsel has begun a three-year demonstration project expanding its role in enforcing military servicemember […]