Compensation

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    When Hensley & Company, a Phoenix beverage distributor, implemented a reduction in force (RIF) in 2011, it offered severance to the affected employees based on their length of service. When longtime employee Mark Wynn filed a claim for unemployment benefits despite his receipt of a year's base pay as severance, Hensley fought the claim all...
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    The U.S. 11th Circuit Court of Appeals (whose rulings apply to all Alabama employers) recently held that class action waivers in arbitration agreements are enforceable for wage and hour claims under the Fair Labor Standards Act (FLSA). The court specifically found that the FLSA doesn't provide employees with a substantive right to file a...
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    As the proliferation of wage and hour lawsuits continues, employers are being reminded of just how important it is to strictly comply with the Fair Labor Standards Act (FLSA) and other laws regarding employee compensation practices. Many employers have been subjected to considerable liability for seemingly innocuous instances of noncompliance....
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    The U.S. 2nd Circuit Court of Appeals (whose rulings apply to all Connecticut employers) ruled that the chairman and CEO of corporate supermarket chain Gristede's Foods, Inc., could be held personally liable for damages arising from Fair Labor Standards Act (FLSA) claims filed by employees of the supermarkets. Specifically, the 2nd Circuit ruled...
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    President Barack Obama recently directed the U.S. Department of Labor (DOL) to "update" and "modernize" the Fair Labor Standards Act's (FLSA) overtime rules to expand the number of workers eligible for overtime pay. Currently, the details of any proposed changes are unknown, and we don't expect the actual proposed regulations to be released for...
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    The U.S. Court of Appeals for the 6th Circuit (whose rulings apply to Tennessee employers) recently issued a decision demonstrating the impact a few words can have on the enforceability of an arbitration agreement. Tennessee employers that enter into arbitration or dispute resolution agreements with their employees should take note to avoid the...
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    Along with warmer weather and commencement ceremonies, summer internship programs are another sign of the changing seasons. Many employers utilize a student workforce during the summer months. Often, such internships are unpaid or provide low pay or subminimum wage stipends in lieu of wages. Such arrangements may seem like a win- win: Employers...
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    Q We operate a 24/7 production company. Our managers recently have been required to work partial days on Saturdays. A few of the managers are upset because they already work up to 10 hours a day Monday through Friday. What, if any, liabilities should we be aware of? A Absent an agreement to the contrary, Wyoming employers may require adult...
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    Q We operate a 24/7 production company. Our managers recently have been required to work partial days on Saturdays. A few of the managers are upset because they already work up to 10 hours a day Monday through Friday. What, if any, liabilities should we be aware of? A Absent an agreement to the contrary, Colorado employers may require adult...
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    March 6 was the Hawaii Legislature's first crossover deadline — the date by which bills had to be approved by each house and cross over to the other house for consideration. Numerous bills have crossed over, including several that could impact employment law in Hawaii. Legislators are still considering bills that seek to raise the minimum...
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