Author: HR Daily Advisor Staff

The Four Questions to Ask Before Switching to PTO

Hagan, a partner in the Dallas office of law firm Sarles & Ouimet, LLP, made his suggestions at a recent BLR webinar. Here are his four questions: Question 1: Will an Anticipated Change Affect Existing, Accrued Leave? If you anticipate making a change that might affect existing accrued vacation, you will have to determine if […]

PTO Plans vs. Traditional: Plusses and Pitfalls

Absences, like terminations, can be voluntary or involuntary; however, unlike terminations the distinction between voluntary and involuntary absences is not typically determined by who initiates the absence, says Hagan, who is a partner in the Dallas office of Sarles & Ouimet, LLP. He made his suggestions at a recent BLR webinar. Involuntary absences are employee […]

Labor Dept. Urges High Court to Accept Narrow Definition of Sales Reps

By Khristine Scholtz The U.S. Labor Department, continuing its push for a narrow definition of outside salesmen, argued in a friend of the court brief that the outside-sales exemption is limited to employees who make their own sales. At issue is whether pharmaceutical sales representatives must be paid for working overtime hours, or are exempt […]

DOL’s Fiscal Year 2013 Budget Request Grants Premium Authority to PBGC

The U.S. Department of Labor (DOL) released its budget request for the federal fiscal year (FY) 2013 on Feb. 13, as part of the budget proposal President Obama sent to Congress. The DOL budget request for FY 2013 is $12.0 billion, down from $12.6 billion for FY 2012. The department’s press release emphasized this reduction, […]

Washington State Legalizes Same-sex Marriage; Will Others Follow Suit?

And then there were seven: Washington Gov. Christine Gregoire (D) on Feb. 13 signed a measure making same-sex marriage legal in that state. Washington joins Massachusetts, Vermont, New Hampshire, Connecticut, New York, Iowa and the District of Columbia as U.S. jurisdictions with that distinction. The Washington law goes into effect on June 7. The Washington […]

Paterno Responses Range from ‘Despicable’ to ‘Very Well Written’

There was, however, one resounding commonality. Overwhelmingly, readers showed distain for the manner of Paterno’s termination—over the phone after 61 years of service. There’s a sampling of the comments below; readers may also want to read the original article or read all the comments in their entirety. A Sampling of Comments Your article—and all the […]

Unconstitutional Individual Mandate Would Obviate Need for Employer Mandate, Benefits Council Says

If the individual mandate under health care reform is struck down, it will render the employer mandate meaningless, the American Benefits Council (ABC) argues in an amicus brief to the U.S. Supreme Court. ABC does not argue about the constitutionality of the individual mandate; instead it says that it is non-severable from the law’s insurance […]

California Joins With DOL to Fight Independent Contractor Fraud; Pacts Also Signed By 11 Other States

California is the most recent state to enter into a pact with the U.S. Labor Department aimed at cracking down the improper classification of employees as independent contractors. Nancy J. Leppink, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, and California Labor Commissioner Julie A. Su announced their recently signed memorandum […]

Labor Seeks New Funding to Boost FLSA, FMLA Enforcement in 2013

The Obama Administration’s proposed 2013 budget  includes funding to hire 92 additional Wage and Hour Division investigators. The budget would allocate $6.4 million to hire investigators to enforce the Fair Labor Standards Act and the Family and Medical Leave Act, said Nancy Leppink, acting WHD administrator during a webchat on Monday. The funding would allow […]