Resourceful defense attorneys have tried a few legal tactics to help employers defend against wage-and-hour class-action lawsuits. One strategy is to “tender an offer of judgment” to the named plaintiff before the case gets to the collective-action certification stage. Unfortunately, the 3rd Circuit Court of Appeals has removed this arrow from defense counsels’ quiver.
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.
Employees who fear they’re facing disciplinary action may quit. Then they argue that they would have been fired and quit preemptively, so they’re eligible for unemployment compensation. But if the employer can show there really was no good reason for the employee to think her job was in danger, then the employee can’t receive unemployment.
Employees must be paid for their pre-shift or post-shift activities, if those activities are integral and indispensable to the performance of their principal jobs. That can stretch a workday and possibly require you to pay for employees’ commuting time. But not all pre-shift or post-shift work is the same.
Execs at Diageo North America encourage their employees to live near work as part of its effort to help workers balance their jobs with their home lives. The company also allows employees to job share, flex or compress their hours and telework.