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.

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The Obama administration’s top workplace legislative initiative this year—the Paycheck Fairness Act—died last month when Senate Democrats failed to muster the needed votes.
Do the mental health and substance abuse benefits offered through your group health plan comply with the federal Mental Health Parity and Addiction Equity Act of 2008? The DOL last month issued a set of frequently asked questions that help clarify employers’ duties under the law.
Q. We need to cut our payroll costs. Is there any reason we can’t cut everyone by 10%? All our employees are at-will.
In April, the Cali­­for­­nia Supreme Court finally issued its opinion in Brinker v. Superior Court. In a major victory for California employers, the court issued clear rules on how and when employee meal and rest periods must be provided.
Ignoring California’s wage-and-hour rules is a big mistake—no matter where an employer is based. When foreign-owned corporations assign employees to work in Cali­for­nia, California’s employment rules apply.
Q. Must we give our employees time off to vote? If so, must we pay the employees for the time they spend voting?

Q. Our employees punch a time clock and then go to job sites. Sometimes they don’t take a lunch break. But when they do, they’re unable to clock out and back in, so there’s no time record. Can a manager adjust the timecard by marking through the daily total and deducting the lunch time?

Do you require employees to complete after-hours training that will ben­­efit your operations but isn’t directly job-related? If so, you must pay them for their time, unless you can show that participation is truly voluntary.
Kelley Drye & Warren, a New York City law firm with more than 300 attorneys, had a policy of requiring partners who reached age 70 to relinquish equity in the firm, receiving only discretionary bonuses. Too bad for the firm that Eugene D’Ablemont knew the law ...

Q. Management wants to institute a policy requiring cashiers whose registers are short at night’s end to replace the disputed amount out of their own pockets. Would that violate the law?

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