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Drawing the line on tips: Where does it end?

by Dan Oswald Employee compensation is a complicated issue that can stir passion in people. Recently, the now-former CEO of Wells Fargo was taken to task by Congress for his company’s compensation practices, which many believe contributed to widespread fraud on the part of bank employees.  There are no easy answers when it comes to […]

Who is it really all about?

by Dan Oswald What’s your favorite subject? For many people it’s me. I don’t mean me; I mean them. To them, me is them. Got it? What I’m trying to say is that often a person’s favorite subject is himself. People want to talk about themselves. People like to think about themselves. People are concerned […]

Make Sure Your Payroll Practices Are Compliant

The U.S. Department of Labor (DOL) estimates that almost 70 percent of employers aren’t in compliance with the Fair Labor Standards Act (FLSA). Lawyers who represent employees are well aware that most employers aren’t compliant, as evidenced by a significant increase in FLSA claims. In fact, wage and hour claims, including collective actions, have increased […]

EEOC Moves Forward with New ADA Regs

The U.S. Equal Employment Opportunity Commission (EEOC) is moving forward with new regulations that will make it much easier for employees claiming protection under the Americans with Disabilities Act (ADA) to establish that they have a covered disability. At a public meeting in June, the EEOC voted 2-1 to approve draft changes to the existing […]

Stand by Me

Litigation Value:  Implementing an antinepotism policy = $800; medical bills for Dwight’s tumble from his secret standing stool = $1,000; applying your “buffalo wings passion” to all aspects of your life = priceless. Last night’s episode contained some interesting revelations about our friends at Dunder Mifflin Sabre.  Indeed, Creed may be part of a secret […]

Supreme Court Affirms Arbitration for Union Member Discrimination Claims

A sharply divided U.S. Supreme Court recently ruled that provisions of a collective bargaining agreement (CBA) that clearly and unmistakably require union members to arbitrate age discrimination claims are enforceable. While the decision is unlikely to affect many employers, the ruling is the latest in a series of Supreme Court decisions finding arbitration to be […]

Workforce Challenges Impact Growth at Middle Market Companies

Nearly four out of 10 middle market executives say a lack of talent constrains their company’s ability to grow, according to “Help Wanted,” a report by the National Center for the Middle Market (NCMM), in conjunction with the Brookings Institution’s Metropolitan Policy Program.

Shooting Yourself in the Foot—How Employers Make Things Worse

When confronted with lawsuits, employers are often their own worst enemies, attorney Wendy Warner told attendees at a recent Society for Human Resource Management (SHRM) conference. Although she usually represents employees, Warner agreed to deliver tips on how employers can avoid lawsuits. Warner is a partner with Moody & Warner, P.C., in Albuquerque, New Mexico. […]