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Compensation & Benefits

Bank of America workers sue for overtime

06/28/2010
Workers at Charlotte-based Bank of America’s retail branches and call centers in five states have filed a lawsuit claiming they are due unpaid overtime from the banking giant.

Employees may choose just one: Either workers’ comp or retaliation lawsuit

06/28/2010
Here’s a bit of good news for North Carolina employers: The Court of Appeals of North Carolina has rejected a bid to expand the right to sue one’s employer for retaliation.

Good job descriptions explain pay differences

06/28/2010

Always prepare accurate job descriptions for each position. That way, if an employee challenges pay differences, you will be ready to show that jobs and duties that sound similar at first blush aren’t really comparable. That can come in handy if an employee claims some form of discrimination based on race or other protected characteristic.

Rutgers staffers mull suit over pay freezes

06/28/2010

Last year, Rutgers University asked for a wage freeze for its 13,000 employees in exchange for not cutting any positions. This year, the state Legislature cut aid to the university by 15%. Faculty and staff bargaining units are threatening to sue because they voluntarily agreed to the wage freezes last year with the understanding they would receive them this year.


N.J. school teachers accept lower raises

06/28/2010
New Jersey public school teachers are accepting smaller raises in the wake of the ailing economy and state aid cuts. Thirty-three new collective-bargaining agreements resulted in an average 3.35% pay increase for teachers, down from 4.35% in 2009.

Workers ‘illegal’? You still have to pay them correctly

06/28/2010
Employers can’t use an employee’s undocumented status as an excuse for not paying minimum wage or overtime under the Fair Labor Standards Act, as the following case shows.

How should we calculate OT when paying bonuses based on previous performance?

06/24/2010
Q. Our company pays monthly bonuses to hourly employees based on the previous month’s performance. When calculating overtime, should the bonus pay be included only for the weekly payroll that contains those bonuses, or does it change the overtime rate for other weekly pay periods as well?

Are we vulnerable to reverse discrimination claims because of our ‘early out’ program?

06/24/2010
Q. Are there any specific rules defining “early out” retirement packages offered to employees? Our company is planning to offer early outs. Our criteria mandate that an employee must have worked for us for at least 15 years and be at least 50 years old. But we have employees who have worked as long as 28 years who fail to meet the 50-year-old criterion. Is this age discrimination in a reverse sort of way?

Employees use luxury condos for $200 a week

06/24/2010

Employees of Sundance Vacations get to vacation where their customers do. The Wilkes-Barre, Pa.-based organization owns condominium units in Hawaii, Orlando, Phoenix and other sunny spots around the United States and the Caribbean. As long as a unit is unrented, any employee can use it—for $200 a week.

Tax credit helps small employers pay for health care

06/23/2010
The IRS has issued preliminary guidelines on the tax credit available to small employers that provide health insurance benefits to employees. Included in the Patient Protection and Affordable Care Act, the credit is one of the first health care reform provisions to go into effect. The credit is designed to encourage small employers to offer health insurance coverage for the first time or maintain coverage they already have.