Compensation

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    In 1963, Congress passed the Equal Pay Act (EPA) as an amendment to the Fair Labor Standards Act (FLSA) to “prohibit discrimination on account of sex in the payment of wages by employers.” In general, the EPA applies to most employees for work done for most employers, although there are certain exceptions. The Act prohibits pay...

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    The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) enforces the affirmative action and equal employment compliance rules that federal contractors and subcontractors must operate under. And it's more serious than ever about investigating compensation practices for evidence of discrimination. In 2014, the...
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    Two recent decisions may give franchisers and entities that use independent contractors cause for concern. In both rulings, the joint-employer doctrine was invoked to extend potential liability to the larger entities (in these cases, a franchiser and a grocery store chain). General Counsel: McDonald's joint employer In a departure from...
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    Will summer ever come to Michigan in 2014? Hopefully, by the time this article reaches you, the long winter will be far behind us. Regardless of the temperature, however, you can be sure that high- school students will soon be available for summer help. If you plan to hire minors this summer, or at any time, you should be familiar with Michigan's...
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    The U.S. District Court for the Northern District of Indiana, South Bend Division, recently granted summary judgment (pretrial dismissal) to the city of Plymouth in a case brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) by a police officer who was also a member of the Air Force Reserves. The police officer...
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    Employee leasing is a contractual arrangement between an employee leasing company and a client who manages and controls the work performed by the employees. A recent decision by the New Hampshire Department of Labor (NHDOL) discusses the division of employer responsibility between the employee leasing company and the client. Which company is...
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    In a long-running dispute between a group of New Hampshire-based drivers and FedEx Ground Packaging System, Inc., the federal trial court for the District of New Hampshire examined New Hampshire's statute regarding the reimbursement of employee expenses — RSA 275:57(I) — to see if the law would deliver a reimbursement recovery to the...
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    Tax preparers at H&R Block argued that because they had to undergo 24 hours of training to qualify for the job, they should have been paid for the training. Their collective action ended up before the U.S. 8th Circuit Court of Appeals (whose rulings apply to all South Dakota employers). The court carefully considered the matter and rejected...
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    The U.S. 8th Circuit Court of Appeals (whose rulings apply to all Arkansas employers) recently held that employees were not entitled to compensation for several hours spent completing rehire training certification. Facts H&R Block is a tax preparation service provider, and it employs tax professionals who are primarily responsible for...
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    Under the Fair Labor Standards Act (FLSA), employees are entitled to wages if they are required by their employer to participate in employment training. However, is the annual refresher training given to H&R Block tax preparers who have not yet been employed for the upcoming tax season compensable time? Read on to learn how the U.S. 8th...
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