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.
Q. We are considering replacing sick leave and vacation benefits with a paid time off (PTO) program. How are these plans treated upon the termination or resignation of an employee?
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?
It’s a benefit designed to retain long-term employees, but the practice of allowing retiring government workers to cash out unused leave may turn into an actuarial time bomb. The problem: Local governments are shedding employees at a record pace, often through early-retirement packages. And the leave liability is largely unfunded.
Q. We are a small employer and only have operations in Minnesota. I recently learned that Minnesota does not require overtime pay until after an employee has worked 48 hours in a workweek. Do we have to pay overtime after 40 hours or can we have employees work an extra eight hours before they are entitled to overtime?