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Compensation & Benefits

Proposal to cover paid family leave

02/06/2018

President Trump’s Jan. 30 State of the Union shout-out to paid family leave drew bipartisan applause but left many scratching their heads: Did he have any specific plans in mind?

Report: Tip pool rule could stiff servers out of $6 billion

02/06/2018

The Department of Labor suppressed results of internal research showing that a new proposed tip pooling rule could deprive restaurant servers of $5.8 billion in tip income every year, according to a report by Bloomberg Law.

Amish builder nailed for OT and child labor violations

01/26/2018

Stoltzfus Structures—an Amish-owned light construction company in Chester County—will pay $188,572 in back wages and an equal amount in liquidated damages to 47 employees.

Accommodation requests can affect unemployment benefits

01/26/2018

How you handle disability accommodation requests may determine whether a worker receives unemployment compensation if you terminate her after she’s used up all her leave.

When stress warrants workers’ comp

01/26/2018

An employee may claim her job is so stressful that she can no longer work and should receive workers’ comp benefits. That claim can succeed—if a court concludes that “abnormal” working conditions caused the stress, anxiety or depression that made it impossible for her to work. But whether work is really abnormally stressful is a fact-specific question.

Prepare to contest restoring unemployment when employees quit soon after starting

01/18/2018

When a worker receiving unemployment benefits accepts a job she isn’t required to accept because it is “unsuitable” for her training, education or ability, she can quit within 30 days and regain unemployment benefits. But simply quitting because she thinks she is going to be discharged doesn’t count.

When offering part-time job, clearly explain: Hours may vary from time to time

01/18/2018

When you are offering an applicant a part-time position with variable hours, be sure you make the terms clear. If you create an expectation and then reduce her hours, she may be able to quit and file a claim for unemployment compensation benefits.

What to tell employees about tax reform and 2018 withholding

01/17/2018

The rushed passage of tax reform legislation at the end of 2017 means employees now have little reliable guidance on how to manage income tax withholding on their 2018 pay. Here’s a framework for fielding withholding-related questions. 

DOL makes it easier to offer unpaid internships: New test vs. the old test

01/12/2018
Good news for employers: The U.S. Department of Labor has abandoned its inflexible, six-part test for determining whether interns qualify as employees (see old test in box below). Those rules from 2010 said internships at for-profit companies “will most often be viewed as employment.” In its place, the DOL in January 2018 issued a new, […]

Legal updates: Safe time in NYC, pay query ban in Albany

01/09/2018

Cities and municipalities continue to pass new laws affecting how employers manage their workforces. Here is a look at the new NYC “safe time” leave law and Albany County’s new rules on interview questions.