Category Archives: Employee Benefits & Compensation

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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

Don’t Forget About ACA Compliance with Staffing Firm Service Agreements

Ver la versión en español aquí  Applicable large employers – those with 50+ full-time employees (ALEs) – under the Affordable Care Act (ACA) must satisfy the law’s “employer mandate,” meaning that they may be assessed penalties for: Failing to offer minimum essential coverage to full-time employees and their dependents Offering eligible employer-sponsored coverage that is … Continue Reading

You Want to Raise the Minimum Wage to WHAT?!?!

Ver la versión en español aquí A year ago, Gravity Payments CEO Dan Price announced plans to raise the salary of every employee to $70,000 by 2017, even entry level staffers.  In order to help offset the increased labor costs, Price announced his intention to lower his own salary from $1,000,000+ to $70,000 (he apparently … Continue Reading

New Overtime Rule Doubling Minimum Salary Requirement Effective December 1

Ver la versión en español aquí Well, finally. This morning, the U.S. Department of Labor (DOL) issued its final rule, about two years and two months after President Obama directed the Department to update, streamline and modernize overtime regulations under the Fair Labor Standards Act (FLSA). The Department estimates that the compensation of more than four … Continue Reading

Payperless Paydays – Paycards: A Good Alternative to Direct Deposit?

Ver la versión en español aquí For years, employers have looked for ways to implement a one-size-fits-all paperless (all electronic) pay system for paying employees’ wages. While direct deposit is a good option, there are very few states that allow an employer to implement direct deposit if an employee does not agree. Florida is not … Continue Reading

2-4-6-8 Minimum Wage is Not So Great: NFL Cheerleaders Fight Back

The NFL is a multi-billion dollar bu$ine$$. Peyton Manning won the Super Bowl with the Denver Broncos. On top of his $15 million salary, he earned a $2 million bonus. Cam Newton lost the Super Bowl, but don’t feel sorry for him; he signed a 5-year $103.8 million contract.  For their Super Bowl appearances, every … Continue Reading

Telecommuting: Perk or Problem?

Ver la versión en español aquí As we become increasingly more mobile, telecommuting programs are among the fastest growing benefit for employees. While the term “work from home” may trigger visions of a 24-year-old with a laptop at a Starbucks, the typical telecommuter is actually a 49-year old college graduate. Having an endless supply of … Continue Reading

Granting Non-Exempt Workers After-Hour Access to Company’s E-mail System: Are You E-mailing Your Way to a Wage and Hour Lawsuit?

Ver la versión en español aquí Betty’s at the dinner table with family, talking about her day, savoring her mashed potatoes when . . . flash—the phone lights up. Work e-mail. She reads it, steps away from the table, and starts drafting a response. Fifteen minutes later, she fires it off and returns to the … Continue Reading

Employees are Taking Back Thanksgiving!!!

Employees are taking back Thanksgiving!!! What impact will that have on your business if the trend continues?  Is the trend driven by a return to more traditional values surrounding the Thanksgiving holiday or is it just plain good business sense? Employers are asking themselves these questions ever since Recreational Equipment, Inc., otherwise known as “REI,” … Continue Reading

So Boring but So Important – Vendor Service Agreements

Ver la versión en español aquí You just finished the torture of the RFP process for a new vendor for your benefit plan (doesn’t matter what kind of plan – 401(k), group health plan, section 125 plan, stock purchase, etc.). You carefully compiled all the information from the 100-page responses, checked the references, asked pointed … Continue Reading

No Good Deed Goes Unpunished – Improper Extension of Benefits After Termination of Employment

Ver la versión en español aquí You’ve always treated your employees fairly, even when the relationship doesn’t work out and you have to let the employee go or when you’ve had to terminate employees due to downsizing. Often, you agree to continue the employee’s benefits for a few months during a severance period. You know … Continue Reading

TOP SECRET Takeaways from Our 25th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Our 25th Annual Labor & Employment Law Seminar is a wrap. Wow, 25 years goes by in the blink of an eye! Each year, our seminar continues to grow. Thank you to the attendees who have been with us from the beginning and the newcomers who attended for their first time this year.  With over … Continue Reading

REGISTRATION OPEN! 25th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Wow, how time flies! We are quickly approaching our 25th Annual Labor & Employment Law Seminar this Spring. Mark your calendars now because this year’s seminar is not to be missed! Join us on Friday, May 8th from 8 am-4:00 pm at the InterContinental Miami hotel as we reveal … Continue Reading
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