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.

Under California law, all employees must receive regular wage statements. Employers that “inadvertently” fail to provide pay information might get away with it, but they shouldn’t count on it. Recently, the Court of Appeal of California considered the meaning of “inadvertently” and upheld penalties assessed against an employer that classified workers as independent contractors when they could not provide Social Security numbers.

Employers that pay new hires more than employees with the same or similar experience should be prepared to prove why they needed to sweeten the pot. Otherwise, they risk an Equal Pay Act lawsuit if it just so happens the hire is of the opposite sex as an incumbent.

A Manhattan bakery will fork over $436,000 in back pay, interest and liquidated damages to 27 employees as part of the resolution of a U.S. Department of Labor wage-and-hour lawsuit.

If you decide to pay new hires more than employees with similar or better qualifications, be prepared to prove why you needed to sweeten the pot. Otherwise, you could be risking an Equal Pay Act lawsuit if an incumbent belongs to a protected class.

How many contemporary employment law violations can you spot in this 1860s ad for the Pony Express?

Two former Dow Jones executives have launched a business that hires economically disadvantaged single mothers and provides them with child care coverage and career development training. The organization’s founders call Moms and Jobs, or MoJo, “a social venture in a for-profit vehicle.”

The challenges facing HR pros who specialize in talent, compensation and benefits are dramatically different today than they were just a year ago. At Deloitte Consulting, we call it “the talent paradox”—the apparent contradiction that occurs when unemployment is still relatively high, yet companies still are seeing significant shortages in critical talent areas.
On the crucial question of whether a worker is an employee or an independent contractor, you had better answer correctly. Otherwise, expect scrutiny from the IRS, which monitors worker status to make sure Uncle Sam collects all taxes due. The IRS looks at three broad categories of information to decide whether someone is an employee or a contractor.
Q. Our company has employees stationed in locations outside the United States. A situation recently occurred that raised the question of whether U.S. employment laws apply to employees of American companies working outside the United States. Do they?
Employers will have to keep more records and regularly explain wage and pay details to their employees under a new law signed by Gov. David Paterson in December.