Author: Khristine Scholtz

6th Circuit: Failure to Pay Employee Salary Removed his ‘Exempt’ Status

An exempt employee must actually be paid in order to retain that exempt status, the 6th U.S. Circuit Court of Appeals recently held. The case, Orton v. Johnny’s Lunch Franchise, involved a salaried employee who sued his employer for wages and overtime when, after beginning to experience cash flow problems, the employer stopped paying his […]

Cal/OSHA Inspections: How To Effectively Prepare For A Surprise Visit From Cal/OSHA

By Don Dressler, Don Dressler Consulting Are you ready for Cal/OSHA inspectors? Each year Cal/OSHA inspects between 9,000 and 10,000 employers in California, with 240 field personnel devoted to this task. If one of your employees has a serious injury (which must be reported to Cal/OSHA within 8 hours), that will likely trigger an inspection. […]

Top 10 Proactive Retaliation Prevention Strategies

Special from SHRM Employment Law and Legislative Conference Washington. DC In yesterday’s Advisor, attorney Jody Katz Pritikin offered her tips on avoiding retaliation lawsuits; today, the rest of her tips plus an introduction to a unique 10-minutes-at-a-time training system for supervisors and managers. Pritikin, founder of Proactive Lawsuit Prevention, made her comments at SHRM’s Employment […]

FWA Policy Makers Mostly Ignorant of Business Realities

Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of the Federal Employment Law Insider. He made his remarks about FWAs at SHRM’s Employment Law and Legislative Conference, held recently in the nation’s capitol. Well-Meaning, But Dangerous As an example of the problems with FWAs, says Fortney, […]

Flex Arrangements—Outmoded Laws Are a Chokehold

Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of the Federal Employment Law Insider. He made his remarks about FWAs at SHRM’s Employment Law and Legislative Conference, held recently in the nation’s capitol. What Are Flexible Workplace Arrangements? First, says Fortney, here are the typical alternatives […]

Pay-for-Performance—Is Management Willing?

Green, who is a principal at Hay Group, offered her tips at a recent webinar sponsored by HRHero/BLR. In yesterday’s Advisor, she suggested that compensation managers ask three key questions before launching a pay-for-performance program. [Go here for Question 1] Question 2. Is Management Willing to Differentiate? At the heart of pay-for-performance is paying higher […]

Beyond Discrimination: What Else Can You Be Sued for?

West, principal of Employment Practices Specialists in Pacifica, CA, offered her tips at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Defamation In the HR world, defamation often rears itself in relation to references. What exactly is defamation? West says that it has the following characteristics: False statement of fact (opinions are […]

Bonuses and Gift Cards—Probably Taxable

Tax Consequences of Bonuses Bonuses paid in consideration for services rendered are almost always taxable wages subject to income tax withholding, FICA, and FUTA. These include production, incentive, and nondeferred profit sharing bonuses. The Internal Revenue Service has also ruled that bonuses paid to employees for signing or ratifying an employment contract are considered wages […]

Waiting Time Penalties for Final Pay

Yesterday, we looked at the rules for final pay in California, including the deadlines by which you must pay employees who are leaving either voluntarily or involuntarily. What happens if you miss those deadlines?

Pay-for-Performance? Three Questions to Ask First

Green, who is a principal at consultant Hay Group, offered her tips at a recent webinar sponsored by HRHero/BLR. What Pay-for-Performance Is (And Isn’t) First, says Green, it’s important to clarify what is pay for performance and what isn’t. Pay for performance, she says is: Any type of compensation or reward that is provided only […]