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Compensation & Benefits

FLSA violations cost Houston grocer $2 million

04/06/2011
A Houston-based grocery chain, Hong Kong Group Inc., has paid $2 million to settle a lawsuit alleging wage-and-hour violations that involved phony payroll records and attempts to coerce employees into returning pay they had already received.

Justify exempt status to avoid class actions

04/06/2011

It takes just one or two disgruntled employees to start an FLSA class-action overtime lawsuit. Be prepared to fight such lawsuits early and vigorously. Your best bet: Classify employees correctly in the first place.

Address domestic violence with benefits

04/06/2011

It might feel uncomfortable to try to help an employee who might be a victim of domestic violence. But you could be saving lives if you encourage supervisors and co-workers to do so. A proactive decision to provide support to domestic-violence victims not only protects them—it also protects companies’ bottom lines.

Ohio ad campaign promotes work/life balance for execs

04/05/2011

Top executives who work for Ohio-based organizations are telling the rest of the country that living and working in Ohio lets them enjoy a healthy work/life balance. In Wall Street Journal ads, the execs touted Ohio as the “state of perfect balance” and said its “small-town values,” focus on family and education, and short commutes have attracted a talented and hard-working workforce.

States consider letting employers offer comp time

04/01/2011
For years, business groups have unsuccessfully lobbied Congress to give employers the option to substitute compensatory time off for overtime pay—an option currently allowed for public employers. Now, some state legislatures are taking up the cause.

Boss nagging employee about FMLA leave? Prepare for lawsuit

03/31/2011
Short staffing makes management difficult. When an employee is out on medical leave, others have to pick up the slack. Still, remind supervisors that they can’t push employees who are out on FMLA leave to perform work while on leave. They also can’t ask employees to return early from FMLA leave. Either one is just asking for legal trouble.

Worker returning from FMLA leave? You can refuse to reinstate

03/31/2011
Under the law, an employee who takes FMLA leave is entitled to return to the same position he or she held when leave started or to an equivalent position. However, there are situations when employers can refuse to reinstate workers returning from FMLA leave—but only under limited circumstances.

Strict deadlines enforced for unemployment comp appeals

03/31/2011
In an effort to add finality to cases, courts are beginning to enforce strict deadlines on appeals of unemployment compensation decisions. The lesson for employers: Pay attention to deadlines; submit appeals on time.

Old pay cut may be basis for new pay-bias claim

03/31/2011

It’s important to regularly review your records of evidence of past discrimination. If an employee now earns less after missing out on past promotions, each new paycheck can support an equal-pay claim under the Lilly Ledbetter Fair Pay Act. Now a court has expanded that reasoning to include lower paychecks based on past discriminatory pay cuts.

Obama calls for hike in FUTA for employers

03/31/2011
With state unemployment funds drying up, the Obama administration’s budget proposal calls for increasing the wage base for the Federal Unemployment Tax Act (FUTA) tax paid by employers.