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Bonuses Always Included in Overtime, Except …

The FLSA provides for several narrow exemptions from the requirement that bonuses be included in an employee’s regular rate of pay. The onus is on the employer to prove that a payment meets one of the exemption requirements. The exemptions include: Gifts, or payments in the nature of gifts, made at Christmas time or on […]

Bonuses and Overtime—One of the Most Frequent Failures in Comp

Bonuses Included in Overtime Calculations? Under the federal Fair Labor Standards Act (FLSA), bonus payments are divided into discretionary and nondiscretionary types. Nondiscretionary bonuses are included in an employee’s regular rate of pay for the purpose of determining overtime, while discretionary bonuses are not included in an employee’s regular rate of pay to determine overtime. […]

No Nonsense Retention: 80% Open Door Policy

6. Keep Your Door Open 80% of the Time [Go here for retention tips 1-5.] Let your people know you are accessible to them, says Cortes, author of the book, No Nonsense Retention. Avoid telling people to make an appointment or come back later. Make sure the time you do spend with your people is […]

‘Fire the Slugs’—That’s the Best Turnover

“There’s good and bad turnover,” says Cortes, author of the book, No Nonsense Retention, which he characterizes as a collection of no-nonsense ways to retain your best people. Firing a non-performer—a slug— is good turnover. But when a top performer leaves to go elsewhere and your organization is left with a huge void, that’s bad […]

Immigration Enforcement: Are You in Compliance with Federal Immigration Law?

This is a serious issue; various government agencies have started to coordinate their efforts as they search for unauthorized workers. The smallest mistake in your paperwork or policies could lead to hefty fines and costly lawsuits. With the latest immigration crackdown under way, it’s crucial for you to make your I-9 administration run smoothly and […]

Arm Chair Manager: What Sports Can Teach Us About Management

One of the reasons I enjoy sports is the human dynamic at work in every sporting endeavor. At different times and in different sports, an athlete may do battle with another competitor, the elements, or even with himself and his will. This fascinates me. What’s more, an athlete often has to deal with teammates, a […]

‘I Quit’: Risks of Assuming Resignation

By Kyla Stott-Jess and Gulu Punia A difficult employee states that he is quitting and walks out the door. Problem solved? Or just beginning? Recent cases illustrate that it’s hard to know when an employee has quit in the eyes of the courts in Canada. And it can be expensive when you get it wrong. […]

401(k) Fiduciary? Personal Liability If You Get It Wrong

Changes to the Employee Retirement Income Security Act of 1974 (ERISA) mean that sponsors of 401(k)s and other retirement plans have new responsibilities. If you are a fiduciary, and you get it wrong, your own assets could be at risk. The changes, which take effect July 1, 2012, are big. As a plan sponsor, you […]

That’s What Friends Are For

Litigation Value: Nothing much to speak of, although Dwight will hopefully value Jim a little bit higher now. Well, Dwight has a lot to thank Jim for after this week. I’d like to think that he might improve his attitude and behavior toward Jim — and the rest of the office, for that matter — […]

HHS to Step Up HIPAA Privacy Enforcement in ‘Abject Failure’ Cases

The U.S. Department of Health and Human Services (HHS) is refocusing its HIPAA privacy enforcement efforts on seeking monetary penalties in cases of “abject failure” to comply, the head of HHS’ Office for Civil Rights (OCR) indicated. “The majority of matters we handle are going to be resolved through education” as they have in the […]