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.

Violating FLSA timekeeping rules can be a costly error. The FLSA requires employers to keep at least the following basic payroll records for nonexempt employees:
Last month, U.S. employees gained a powerful new tool to prove their wage-and-hour cases: the new “Timesheet” app for smartphones from the DOL’s Wage and Hour Divi­sion. Impact: This is more incentive for employers to accurately track employees’ actual hours worked—not just hours written on a time sheet.

Overtime pay. Discrimination. Family leave. Harassment ... Federal employment laws govern all of these issues – and many more – that you deal with at some point in your career.  It's important for supervisors and managers to know the basics of how to comply with those laws. Here's a list of the top 10 most important federal employment laws:

Q. We are a national restaurant chain that pays our waiters and waitresses less than the minimum wage because they earn tips. We are planning to open our first restaurant in California. Can we continue to pay our tipped employees less than the minimum wage?
Q. We require employees to wear uniforms. Can we deduct from their paychecks the money to pay for the uniform or clean it?
New York employers in the hotel and restaurant industry have a new pay rule to work with, changing how tip income is handled and tweaking other details that affect how much pay workers take home.

The Equal Pay Act requires the same pay for women and men doing the same work under similar working conditions and requiring equal skill, effort and responsibility. But the law provides several ways for employers to defend pay disparities. Wage differences can be justified if they are based on a seniority or merit system, or vary depending on the quantity or quality of production.

If you want to create independent contractor relationships, get expert legal advice on how to structure the contract.

Almost everyone assumes that all employees are covered by the federal FLSA. But in some rare circumstances, employees in very small and distinctly local businesses may not be entitled to minimum wage or overtime. If the business does not earn at least $500,000 in gross annual revenue—the minimum for an entire enterprise to be covered by the FLSA—then some employees may not be covered either.

The EEOC is suing Amtrak for pay discrimination and retaliation, following allegations by a female HR manager at Philadelphia’s 30th Street Station that the railroad underpaid her because she is a woman. She also claims Amtrak started excluding her from important meetings after she complained.