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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.

The U.S. Court of Appeals for the 7th Circuit in Indiana refused to hear an appeal from FedEx Ground on the nationwide class action certification of its delivery drivers in a lawsuit that could cost the company billions ...
There are many reasons why employers need to obtain releases of liability and of potential claims from their employees from time to time. But in some circumstances in North Carolina, it may be difficult—or even impossible—to get a valid release from an employee. Wage-and-hour claims and FMLA claims present possible traps for uninformed employers ...
Chances are, you don’t pay everyone who performs the same job exactly the same amount of money. You may, for example, have negotiated a higher rate of pay for a new employee to fill a critical shortage. Or you may pay less to recently hired employees than those loyal workers who have been with you for several years. Those are all valid and defensible reasons. That doesn’t mean, however, that you won’t be sued under the Equal Pay Act ...
Sometimes, when an employee files a frivolous suit, it’s tempting to seek payback. If you succeed in getting the litigation dismissed, why not insist the losing employee pay attorneys’ fees and court costs? Before you throw good money after bad, consider whether you want your attorneys to spend even more time trying to get the employee to cough up ...
If you downloaded your company handbook from the Internet or took it with you from your last job—beware! Take a look at your anti-harassment policy’s reporting procedures. A new court ruling shows why you should take your policy out, dust it off and look it over closely … at least before a jury does ...

Tough economic times raise some tricky HR issues—for example, when an employee’s financial straits begin to affect his employer ...

Employers and employees in cash businesses often bluff, wink and nod their way around the edge of wage-and-hour law legality. But when it’s time to settle workers’ compensation claims, all the cards must go on the table. A recent Florida workers’ compensation case shows just how wrong things can go when employers give their employees unrequested advice on reporting income ...

Two Bronx carwashes, Tremont Car Wash and Webster Car Wash, and their corporate president have agreed to pay $707,298 in back wages and damages to 237 employees. U.S. Labor Department investigators found that employees at both carwashes were required to work more than 70 hours per week without being paid the federal minimum wage or overtime ...

Q. We allow our employees to “borrow” unearned vacation time. Our policy provides that if employees quit or are terminated with a “negative” vacation balance, the amount that they owe us for the vacation time taken before it was earned will be deducted from their final pay. Can we do this? ...

Q. My work hours fluctuate a lot depending upon the flow of work. To help manage its cash flow, my employer asked me to sign an agreement where I would receive a set salary each workweek regardless of the number of hours I work. In weeks where I work more than 40 hours, I am paid half-time for overtime hours, instead of time and a half. Can my employer do this? My position is nonexempt ...