Category Archives: Employee Benefits & Compensation

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DOL Provides More Guidance on the FFCRA

The DOL has been working overtime attempting to clarify and answer questions on various aspects of the Families First Coronavirus Response Act (FFCRA). As we reported last week, the DOL issued its “Employee Rights” poster, along with initial guidance in the form of “Questions and Answers.” On Thursday night (March 26) and then again on Saturday evening … Continue Reading

DOL Issues New FFCRA Poster and Further Guidance

Yesterday, the Department of Labor (DOL) issued the much-anticipated “Employee Rights” poster or notice concerning the Paid Sick Leave and Expanded Family and Medical Leave components of the Families First Coronavirus Response Act (FFCRA).  Click here to access the poster. Along with the poster, the DOL provided some much needed guidance on various aspects of … Continue Reading

Federal Paid Leave Law Signed by President Trump

On Wednesday evening, March 18th, President Trump signed into law the Families First Coronavirus Response Act (the “Act”), which, among other things, mandates paid time off for certain qualifying events. There are two primary components in terms of paid time off: (1) the Emergency Family and Medical Leave Expansion Act (“E-FMLA”); and (2) the Emergency … Continue Reading

DOL Tells Employers: No Need to Include Many Employee Perks When Calculating Overtime

Ver la versión en español aquí For the first time in 50 years, the U.S. Department of Labor (DOL) updated the “regular rate” of pay standard used for overtime calculations. Why does this matter? Under the Federal Fair Labor Standards Act (FLSA), a nonexempt hourly employee must be paid “time and one-half” of their “regular … Continue Reading

Some Tips on Tips

Ver la versión en español aquí On October 25, Elitsa posted on the increase in Florida’s minimum wage to $8.56 an hour, effective January 1.  Because of that increase, Florida employers who take a tip credit must pay tipped employees a direct wage of at least $5.54 per hour.  The U.S. Department of Labor has … Continue Reading

New Florida Minimum Wage on the 2020 Horizon

Ver la versión en español aquí Effective January 1, 2020, the Florida minimum wage rate will increase by 10 cents from the current $8.46 per hour, to $8.56 per hour. This 10 cent increase is less than half of the 21 cent increase the state saw from 2018 to 2019. Restaurant and hotel employers may … Continue Reading

Pay for Travel Time? The Scenic Route to Work Won’t Cost You

Ver la versión en español aquí Employers often wonder when they should be paying hourly employees for their travel time and the answer may not always be straightforward. Broadly speaking, federal wage and hour laws require that employers compensate employees for the hours they spend traveling for work-related activities. But the law makes several distinctions … Continue Reading

Covering Summer Interns Under Your Employee Benefit Plans – You Can’t Just Forget About Them

Ver la versión en español aquí It is prime time of the year for hiring “interns.” They usually are high school, college or even graduate students looking for work experience. Certain interns may be unpaid (the analysis of whether interns must be paid is an important issue but beyond the scope of this blog post). … Continue Reading

Don’t Be Snake Bit. Make Sure the COBRA Notices You Use Are Correct.

Ver la versión en español aquí Using a vendor for your COBRA compliance does not mean you are safe from claims. The employer bears ultimate responsibility for complying with COBRA. It appears that Pepsico and Lockheed may be about to learn this lesson.  Both were sued recently in Hillsborough County for failure to send proper … Continue Reading

Dave & Buster’s Settlement – Busted! But Not So Fast….

Ver la versión en español aquí The Dave & Buster’s restaurant chain recently settled a class action lawsuit claiming it violated ERISA’s “discrimination” rules by reducing hours of various employees to cause them to lose eligibility for the company’s group health plan. After over three years of litigation in the Southern District of New York … Continue Reading

Covering Summer Interns Under Your Employee Benefit Plans – You Can’t Just Forget About Them

Ver la versión en español aquí It is prime time of the year for hiring “interns.” They usually are high school, college or even graduate students looking for work experience. Certain interns may be unpaid (the analysis of whether interns must be paid is an important issue but beyond the scope of this blog post). … Continue Reading

Morale Makes Money: How Starbucks Raised the Bar(ista)… Again

Ver la versión en español aquí Last week, the CEO of Starbucks, Kevin Johnson, announced the ‘Partner and Family Sick Time’ benefits for all of Starbucks’ U.S. employees. Starbucks is giving employees a number of additional perks, including increased wages, stock grants, six-week paid parental leave for non-birth giving parents and five days of paid … Continue Reading

Retirement Plan Hurricane Relief for Affected Participants

Ver la versión en español aquí As we all know, Hurricanes Harvey, Irma and Maria severely impacted parts of Texas, the southeastern United States and Puerto Rico causing billions of dollars of damage. To help victims recover, Congress, the IRS, and the Department of Labor have issued special retirement plan relief for employers and participants … Continue Reading

EEOC Sues to Give Fathers the Same “Maternity” Leave as Mothers

Ver la versión en español aquí In last week’s blog, I highlighted Facebook CEO Mark Zuckerberg’s announcement that he’ll be taking 2 months off work following the birth of his daughter later this year (even though, presumably, he would be entitled to 12 weeks under the FMLA, and 4 months under Facebook’s policy). Well, paternity leave … Continue Reading

Another Attempt to Pass Private Sector Comp-Time Legislation

Ver la versión en español aquí As the fate of the Department of Labor’s revised overtime regulations remains in limbo as a result of a nationwide injunction (currently on appeal) issued in November 2016, Congress now has chimed-in on wage and hour issues potentially impacting non-exempt employees.  This week, the House of Representatives passed The … Continue Reading

EEOC Wellness Plan Controversy: All’s Well That Ends Well?

Ver la versión en español aquí Earlier this month, the EEOC and Orion Energy Systems settled a case pending in a Wisconsin federal court in which the EEOC alleged that the company’s wellness plan violated the Americans with Disabilities Act (ADA). This case goes back to the spring of 2009 when an employee was forced … Continue Reading

Google’s Pay Policy: Good? Or Too Good to Be True?

techVer la versión en español aquí In January, the U.S. Department of Labor (“DOL”) brought suit in a San Francisco administrative court against Google, Inc. to require Google, as a federal contractor, to allow the government to inspect Google’s pay records.  While the DOL was demanding various documents regarding employees’ compensation history for compliance purposes, it was clear the underlying reason was … Continue Reading

Email Restrictions: Good Idea but Don’t Hold Your Breath America

Ver la versión en español aquí Employers are always looking for ways to improve work-life balance for their employees. The objective, of course, is to reduce employee burnout and turnover, while increasing employee satisfaction, productivity and creativity. Some companies have gone the untraditional route, such as Daimler’s “Mail on Holiday program” which gives employees the … Continue Reading

REGISTRATION OPEN! 27th Annual Labor & Employment Law Seminar

I cannot believe another year has come and gone! We are quickly approaching our 27th Annual Labor & Employment Law Seminar. Join us Friday, May 19th from 8am-4pm at the JW Marriott Marquis Miami as we “Predict the Future” and discuss what awaits employers in 2017. Mark your calendars now because this year’s seminar is not to … Continue Reading

What’s in YOUR COBRA Notice? Insufficiencies Could Drain Your Wallet

Ver la versión en español aquí SunTrust Banks learned an expensive lesson about COBRA compliance recently. It was sued for failure to send proper COBRA election notices after employees terminated employment. SunTrust’s agent for COBRA notice purposes, Xerox HR Solutions, actually sent timely COBRA notices to the former employees.  But two former employees/plaintiffs claimed that … Continue Reading

New Law Widens Insurance Options for Eligible Small Employers

Ver la versión en español aquí A new law passed by Congress reinstates the ability of eligible small employers to reimburse employee paid premiums to purchase individual health insurance policies. The law reverses the application of huge penalties that would have applied to such reimbursement actions under the IRS’ interpretation of the Affordable Care Act. … Continue Reading
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