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Compensation & Benefits

U.S. Supreme Court rules on DOMA, California’s Prop 8

07/23/2013
The U.S. Supreme Court in June issued two highly anticipated decisions addressing same-sex marriage in cases that resonated nationwide and in California. The cases are significant for employers because they are likely to have ripple effects on state, federal and local laws, in particular those dealing with employee benefit plans, taxation and immigration.

California Labor Department strategy shift benefits workers

07/23/2013
By focusing on wage theft and retaliation claims instead of broad enforcement efforts, California’s Labor Department has managed to assess more than $51 million in civil penalties against businesses found to be in violation of state labor laws.

Despite high-profile cases, class-action waivers still aren’t silver bullets in California

07/23/2013
For years, many California courts refused to enforce class-action waivers, exposing California businesses to class-action liability regardless of any agreement with employees or customers to forgo class litigation. The U.S. Supreme Court’s decision in AT&T Mobility v. Concepcion was supposed to change all that. It didn’t.

California court to decide key arbitration case

07/23/2013
In an important decision on whether employers can limit an employee’s access to an administrative hearing on wage claims, the California Supreme Court has ordered the parties to file supplemental briefs in light of a recent U.S. Supreme Court decision. In American Express Co. v. Italian Colors Restaurant, the U.S. Supreme Court confirmed its long-standing rule that arbitration clauses under the Federal Arbitration Act will be enforced.

Minuscule U.S. pay growth trounces rest of world

07/23/2013
The United States may be mired in a tepid economic recovery, but it’s worse in other countries. One indicator: In 12 of 13 industrial economies surveyed by the nonprofit WorldatWork organization, real salary budgets declined from 2012 to 2013.

ACA regs define minimum value, clarify role of wellness programs

07/22/2013
The two key percentages you need to know to avoid free-rider penalties under the health care reform law are 60% and 9.5%. Your health plan must offer minimum value by picking up at least 40% of the cost (i.e., full-time employees can’t pay more than 60% out-of-pocket) and be affordable (i.e., employees’ premiums can’t exceed 9.5% of their household income).

Metrics: More than just numbers

07/18/2013

Metrics can add value to the Payroll department, said Linda Obertin, vice president at Fidelity Investments, at the American Payroll Association’s Annual Congress. To implement a metrics program, Obertin highlighted these six steps:

Lounge, exotic dancers agree to settle classification lawsuit

07/17/2013
Lure, a “gentlemen’s club” in Min­ne­­apolis, has agreed to pay $300,000 to settle a class-action lawsuit with its exotic dancers, who claimed they were employees, not independent contractors as Lure had contended.

Sick employee wants less overtime? Consider that a request for intermittent FMLA leave

07/17/2013
Don’t try to “create” artificial overtime for a disabled em­­ployee so she’ll be forced to use up her FMLA entitlement. That’s especially true if no one else is required to actually work overtime. Such a tactic will backfire.

Court: If interns perform any work, pay them

07/17/2013
If your organization uses interns—or plans to do so—take note of last month’s ruling in the closely watched “Black Swan” case. A federal court said Fox Searchlight Pictures violated wage-and-hour laws by failing to pay interns who did menial tasks during production of the Oscar-nominated movie.