Imagine an employee that is paid close to a million dollars annually, is non-exempt, and therefore entitled to time and one-half on top of their six figure pay. Possible? A federal court in Tennessee says yes. The Plaintiffs in this case were employees paid as commission based sales representatives. They earned well over $100,000 per year, and in some years the most successful sales representatives earned over $900,000.
Michigan Democratic Legislators are introducing legislation intended to curtail illegal deductions from pay. Any illegal deduction from pay is being called wage theft. Wage theft is described as the “denial of wages or employee benefits that are rightfully owed to an employee.”
The Republican tax bill was introduced last Thursday by the House of Representatives. The proposed bill has mixed-results for HR programs, although 401(k) programs are relatively untouched.
Last week we wrote about the recent Sixth Circuit Court of Appeals decision pertaining to hours worked and travel time. Following up in short order, the Sixth Circuit ruled on yet another and arguably more obscure part of wage and hour regulation, Draw Against Commissions. They looked at whether an employer can collect draws by the employee that exceeded commissions owed after employment ends.
One of the trickier areas of wage and hour compliance is calculating hours worked when non-exempt employees travel on company business. There are several different situations that the wage and hour regulations address. One is “travel that is all in a day’s work” another is “home to work on a special one-day assignment in another city,” and the third is “travel away from home community.”
As an experienced recruiter, I have talked to thousands of candidates throughout the years. Candidates from all levels within numerous industries from manufacturing and healthcare to finance, IT, and engineering. No matter the level of the positions that I have supported, it has always been considered the norm to request a candidate’s salary history. However, in recent months recruiters are being cautioned on this approach.
When the Obama Administration’s Department of Labor increased the Exempt Rule’s salary level test to $913/week, this forced most employers to review many of their positions for exempt compliance. For the past few years employers have had the opportunity to re-classify jobs properly – hopefully avoiding a compliance complaint in the rule “changeover and controversy fog.”
Open enrollment season is rapidly approaching, and for many employers late summer and early fall is the time of year when benefit packages are reviewed for competitiveness. Fifth Third Bank has recently rolled out a new benefit specifically aimed at retaining employees that are new moms - a maternity concierge service.
Over the last several years organizations, especially in Silicon Valley, compete with each other by offering expanded parental leave benefits or unlimited PTO policies as a way to attract and retain talent. Over the last several months the newest growing trend in leave benefits is offering expanded time off for bereavement.
According to the Project: Time Off report, The State of the American Vacation 2017, it appears that Americans might finally be starting to use their vacation time. For years, vacation time usage has been on the decline in the U.S., but the 2017 report shows some optimistic results.
The US Department of Labor (DOL) is working toward rescinding its judicially enjoined overtime rules. These rules were published during the Obama Administration and dramatically increased the exemption salary level test from $433/week up to $913/week. It was intended to reduce the number of jobs that could be classified non-exempt by employers.
The salary history question has become quite controversial in recent months, and some cities and states have created laws around it. It used to be an expected question during the interview process, but there is debate over whether the question is a fair one and could cause pay inequality to prevail as women progress through their careers.
It has been long said that Americans do not take as much vacation time off as their European counterparts and appear to work more and leisure less. A recent survey sponsored by Glassdoor, an online job site that also provides information on company culture for employees, found that most American workers only used half (54%) of their accrued vacation/paid time off in the past 12 months.
Gender pay disparity and the many reasons for it, continues to be studied by researchers. A new study by researchers at Wellesley, Harvard, Boston College and the Institute for Social Research in Oslo, Sweden identifies motherhood as a big impediment to equal pay as women’s careers progress.
Under the Equal Pay Act (EPA), courts have generally allowed employers to prove that some “factor other than sex” justified the pay differentials. However, a recent Federal 8th Circuit of Appeals case narrowed the parameters that employers can use to defend EPA lawsuits and allowed broadening of testimony to show the employer is committing systemic discrimination.
Solely based on Federal law…yes. A federal court ruled last week that it is legal to pay female employees less than men if it is based on past salary history. This decision by the 9th Circuit Court of Appeals overturns a previous ruling that stated that pay differences solely on past salary history were discriminatory, based on the Equal Pay Act.
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