Compensation and Benefits

Compensation and benefits topics – whether it’s minimum wage, workers’ compensation laws, or employee pay – if properly handled, can help you retain workers and recruit new ones.

Use our advice to craft independent contractor agreements that keep independent contractors – and your bosses – happy.

President Obama signed the Lilly Ledbetter Fair Pay Act on Jan. 29, making it easier for women and others to sue for pay discrimination that may date back decades. Drafted in response to a 2007 U.S. Supreme Court decision that said employees had at most 300 days to file pay discrimination complaints, the new law counts each unfairly low paycheck as a fresh discriminatory act.

An employee is an employee, regardless of his or her right to be present in the United States and work here. Thus, even illegal immigrants who were hourly employees can sue for back pay if their employers didn’t pay at least minimum wage and overtime.

The ADA Amendments Act of 2008 (ADAAA), which went into effect January 1, 2009, significantly expanded the protections of the original Americans with Disabilities Act (ADA) to include more individuals with less severe impairments.

The 111th Congress wasted no time signaling its intention to enact employment law legislation that dramatically favors employees, quickly passing both the Ledbetter Fair Pay Act and the Paycheck Fairness Act. They promise equal pay for equal work. Find out why business and HR groups oppose both measures.

Independent contractors aren’t covered by the ADA, as the following case shows ...

Gov. Jon Corzine has signed a package of workers’ compensation reform bills that should make the state’s system more efficient and more responsive to the needs of employers and workers. The legislation is comprised of five bills.

New Jersey’s workers’ compensation system will be tougher on companies and employees who try to “game the system,” Senate Labor Committee Chairman Paul Sarto told A.M. Best Company, which rates the stability of government bonds and other financial instruments.

Q. We’d like our retail staff to wear uniforms. Can we charge them for the uniforms? ...

Q. Is it illegal to pay someone without a degree less than someone with the degree? In our case, two employees have the same title but do slightly different tasks. One has a bachelor’s in HR and the other does not. However, the one without a degree is doing all the HR duties and gets paid less than the one with a degree. The degreed employee doesn’t use her HR skills in her job at all.

True independent contractors aren’t covered by the Fair Labor Standards Act (FLSA). Employees are. But sometimes it’s hard to tell who is a true independent contractor and who isn’t.