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Compensation & Benefits

Sound policy triggers suit anyway

07/01/2007

The Pocono Medical Center in East Stroudsburg was following a special “8 and 80” pay plan permitted for health care providers under Section 7j of the Fair Labor Standards Act (FLSA) when it was slapped with an overtime lawsuit anyway …

NJ Supreme Court OKs huge off-The-Clock class-Action suit

07/01/2007

In a decision sure to create additional litigation troubles for New Jersey employers, the New Jersey Supreme Court has ruled that Wal-Mart must defend itself against a huge class-action lawsuit involving so-called off-the-clock pay violations …

Some computer jobs exempt from EPA/FLSA protection

07/01/2007

Because of a quirk in the way the Equal Pay Act and the Fair Labor Standards Act have been amended over the years, female workers classified as exempt computer professionals under the FLSA can’t sue their employers for EPA violations …

You don’t necessarily have to pay for pre-Work activities

07/01/2007

Employers have struggled to figure out exactly when they must pay employees for pre-work activities ever since the U. S. Supreme Court decided that the Fair Labor Standards Act requires paying workers for the time they spend putting on protective clothing. It’s not enough to say that the time must be of benefit to the employer …

NJ Senate bill puts paid family leave on the horizon

07/01/2007

The Senate Budget Committee approved a bill May 24 that would grant paid family leave to the employees of most New Jersey businesses …

Mothers and other caregivers get EEOC protection

07/01/2007

The EEOC just issued guidelines stating that one’s status as a family member can’t be considered in employment decisions. The agency says the guidelines address “family-responsibility discrimination.” They draw on earlier theories about so-called “gender-plus” discrimination …

Don’t wait for emergency to make flexibility routine

07/01/2007

If you think your work/life effort is complete so long as your organization helps its employees with child care, elder care and flexible work hours, it might be time to update your definitions. Work/life programs bring value not only to employees but also to organizations. If you’ve got a good one, chances are you’ll see benefits the next time your company faces an emergency …

Court: Basing pay on past salary may spark Equal Pay Act lawsuits

06/20/2007

A surprising new court ruling says that if your organization uses a common pay practice—setting new hires’ salaries based on their past pay—you could be violating the Equal Pay Act …

Health-Care inflation ‘Good news’ is relative: Rate increases fall again, but still above 10%

06/19/2007

While health-care costs are forecast to rise at a slower pace in 2008, don’t get too excited: Those costs will still increase at a double-digit rate. Here are the numbers, plus three suggestions for ways to successfuly "sell" health-premium increases to employees.

Supreme Court affirms that FLSA doesn’t apply to all employees

06/12/2007

A Supreme Court case narrowly focused on FLSA protections for home health care workers may signal a broader trend worth watching. Is a conservative high court now more inclined to defer to federal agency interpretations of the law even when those interpretations limit employee rights? A new EEOC age discrimination case that could reach the Supreme Court might tell the tale.