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Exempt or Nonexempt Worker Classification: Why You Should Conduct an Audit

Are all your employees accurately classified as exempt or nonexempt? Are you sure? The costs of misclassification can add up quickly, and the DOL estimates that nearly 70 percent of employers are not in compliance. You shouldn’t risk it. By learning how to conduct an internal payroll self-audit that evaluates your current policies and practices, […]

Make Sure Your Manager Can Say Being Your Boss Is Pretty Great

National Car Rental’s new commercial asks, “What’s it like to be the boss of you?” And it also answers the question: “Pretty great.” The actor in the commercial, Patrick Warburton, then negotiates a 20 percent raise for himself with himself. If only life were that easy! But I like the question the commercial asks. “What’s […]

Third EEOC Wellness Lawsuit Draws Industry Ire

An employer group criticized the latest legal challenge to an employee wellness program filed by the U.S. Equal Employment Opportunity Commission. The commission alleges that Honeywell International, Inc.’s biometric testing incentive for employees and their spouses violates the Americans with Disabilities Act and Genetic Information Nondiscrimination Act. “This is an outrageous development, and one that […]

immigration

What bipartisan group’s immigration reform proposal means for employers

by Tammy Binford A bipartisan effort to reform U.S. immigration policy includes what the proposal’s authors say is a plan to “create an effective employment verification system” as well as a way to “establish an improved process for admitting future workers to serve our nation’s workforce needs, while simultaneously protecting all workers.” Eight U.S. senators—Republicans […]

Paycheck Pitfalls – What’s in Their Wallet?

A couple of years ago, a group of employees working for a McDonald’s franchise filed a class action lawsuit in Pennsylvania alleging their employer required them to accept wages in the form of payroll debit cards—with fees for use of the cards assessed by the debit card provider.

WHD clarifies definition of ‘son or daughter’ under FMLA

Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued Administrator’s Interpretation (AI) No. 2013-1, which can be found at  www.dol.gov/whd/opinion/adminintrprtn/fmla/2013/fmlaai2013_1.htm. The AI clarifies that the age of onset of a disability is irrelevant when determining whether an employee is entitled to take leave to care for an adult son […]

DOJ says Title VII doesn’t apply to sexual orientation discrimination

The U.S. Department of Justice (DOJ) has filed an amicus (friend-of-the-court) brief in a case in which an employee claims his employer violated Title VII of the Civil Rights Act of 1964 by discriminating against him based on his sexual orientation. The DOJ’s brief asserts that Title VII’s prohibition of sex discrimination does not extend […]

Until death do us part: Attempts to reduce retiree benefits fail—for now

By Ralph Nero, Ross Gascho, and Keri Bennett As in the United States, some Canadian employers have attempted to eliminate or reduce post-retirement benefits in order to address escalating costs. In two recent cases, Canadian employers were found to be not entitled to reduce post-retirement health and life insurance benefits. Courts in both Ontario and […]

Did I say that?

Satya Nadella’s job was tough enough from the start. He followed Microsoft lifer Steve Ballmer and founder Bill Gates into the CEO role at a time when the company is looking to keep its businesses rolling in the face of a changing industry, slower PC sales, and serious pressure on its bread-and-butter Windows and Office […]

Pennsylvania Employer Violates FMLA After Terminating Employee

By Gregory J. Wartman, Saul Ewing LLP A Pennsylvania federal court recently ruled in favor of an employee who was terminated after taking leave to care for her sick parents. The court ruled that an employee does not have to use magic language in requesting Family and Medical Leave Act (FMLA) leave and rejected the […]