Author: Stephen Bruce, PhD, PHR

WHD: The Six Most Common Wage/Hour Violations

What are the most common violations found by DOLs Wage and Hour Division (WHD)? Time clocks, rounding, training time, and break time are among the top six. By law, employees must be paid for all “hours worked.” In general, “hours worked” includes all time an employee must be on duty, on the employer premises, or […]

Social Media: NLRB Eyeing Employer Policies

Employer workplace policies on social media are being scrutinized in more than 129 cases before the National Labor Relations Board (NLRB), says a study from the U.S. Chamber of Commerce. This data wasn’t just handed to the Chamber. Rather, the group submitted a Freedom of Information Act request to the NLRB “seeking copies of all […]

Sales Comp challenge — Taming the End-of-Period Push

[Go here for sticky wickets #1-#3.] The problem: Sales peak at the end of each period. Sales Comp Impact: Sales personnel wait for period end push Order management and fulfillment are unduly taxed Margins evaporate Customers may be lost Source of the Problem: The problem results from two primary factors: Period end order push by […]

A Comprehensive Grievance Procedure

Yesterday, we looked at some of the elements your employee handbook should include. Today, we’ll take an in-depth look at what your grievance procedure should look like, courtesy of attorney Peter Panken of Epstein Becker & Green, PC. We’ll also tell you how you can get a comprehensive collection of 101 California-specific employee handbook — […]

Discipline Derailed by ‘Evidence’ of Discrimination and Poor Documentation

In yesterday’s Advisor, we saw Jill’s mistakes disciplining Jack; today, more that can go wrong, plus an introduction to a unique guide for smaller—or even one-person—HR departments. Jill fired Jack, but hadn’t followed policy, hadn’t been consistent, and had little documentation. Jack sued. What else could go wrong? Plenty. [Go here for Jill’s story] ‘Evidence’ […]

Discipline: The 5 Last Things You Want to Hear

Discipline. Aside from performance appraisals, it’s probably the most neglected, most-often-put-off job in management. Managers and supervisors hate to deliver discipline, but delay is disaster. “I’ll ignore it—Let’s see if Jack will improve on his own.” Jack is a longtime employee, a copywriter in Jill’s Marketing Department. During the past several months, he’s been coming […]

FLSA Consent Decree Shows DOL Mission to Protect Low-wage ‘Vulnerable’ Workers in Small Firms

When it comes to the Fair Labor Standards Act (FLSA), no employer is small enough to fly under U.S. Department of Labor’s (DOL’s) enforcement radar. Defunct 1st National Leasing Inc. agreed to pay eight former telemarketing employees $34,235 in back wages under a July 19 consent judgment that will put an end to DOL allegations […]

Health Coverage Premium Subsidies: One Step Closer to Extension?

At least in the Senate, a consensus is being reached on trade adjustment assistance that could lead to an extension of premium subsidies under the Health Coverage Tax Credit (HCTC) program. Here are two snippets from a joint statement issued Wednesday: [Senate Majority Leader Harry Reid (D-Nev.)]: “My staff and Senator McConnell’s staff have been […]

EEOC: Clarity on Wellness Incentives under GINA; Tongue-tied on ADA

The U.S. Equal Employment Opportunity Commission (EEOC) once again refused to a take a position on whether employers may use financial incentives to encourage employee participation in wellness programs — without violating the Americans With Disabilities Act (ADA). In an informal opinion letter from the EEOC’s Office of Legal Counsel, the commission assured employers that […]