Compensation

When Is a Settlement not a Settlement? When FLSA Is Involved

Develop a bargaining history with the employee’s attorney that the employee may have an FLSA claim for unpaid wages, and that you are specifically bargaining for the release and waiver of that claim.

When you settle a lawsuit with an employee, you are bargaining for finality. You are paying that employee to resolve all disputes between you, whether asserted or unasserted. You want to be done with that individual forever. Except that is not always the case. An employer cannot release or otherwise waive one’s FLSA rights by contract without a court-approved stipulation or…

When Equal Pay is not ‘Equal’ Pay

What is an employer to do? Follow the law of your jurisdiction.

The Equal Pay Act requires that an employer pay its male and female employees equal pay for equal work. The jobs need not be identical, but they must be substantially equal, and substantial equality is measured by job content, not job titles. This act is a strict liability law, which means that intent does not matter. If a women is…

Wage Theft is a Misnamed, Overused Phrase

The term suggests that evil, thieving employers created this mess. That's not always the case.

Writing at Inc.com, Suzanne Lucas (aka Evil HR Lady) reports on a study published by the Economics Policy Institute, which says that employers short their employees $15 billion in wages per year. According to Suzanne, “Wage theft isn’t always the case of a corrupt boss attempting to take advantage of employees.” She is 100 percent correct. In fact, most instances…

Working Families Flexibility Act Seeks to Legalize Comp Time in Lieu of OT

This bill strikes an important balance for employees and employers on an issue that has become more and more important to the American worker — flexibility and time.

If you are a private employer, it is 100 percent illegal for you to provide employees comp time in lieu of overtime for hours worked by non-exempt employees over 40 hours in a work week. If a non-exempt employee works overtime, you must pay them overtime, and you violate the FLSA if you provide comp time in its place. The…

Equal Pay Day and Voting with Your Feet

Companies were unofficially put on notice last week: Close pay gaps for women or pay in other ways, like turnover, retention and brand reputation.

April 4 was Equal Pay Day. It’s not a bank holiday, so no one got to stay home from work, but it is an important date for women. LeanIn.org, the nonprofit Facebook COO Sheryl Sandberg created to make the workplace better for women, launched its latest campaign/hashtag on the 4th. Joining #BanBossy and #LeanInTogether, #20PercentCounts shines a bright light on…

HR Fares Well in Annual Randstad Salary Guide

Benefits and comp workers over $79K; senior-level HR executives at roughly $126K, report notes.

Randstad recently released its annual salary guide. Staffing Agency Randstad released its 2017 Salary Guides, which cover seven industries including human resources. With the low unemployment rate and a skilled labor shortage, HR organizations must position themselves to attract and retain top talent, according to the guide released Feb. 21. Across generations, gender and education levels, salary and benefits was…

The 6th Nominee for Worst Employer of 2017 Is the Double-Booked Recordkeeper

How many sets of time and pay records should you keep on employees? I hope your answer is 'one.'

The previous nominee for the Worst Employer of 2017 may not end up as the last employer standing when I tally the votes at year’s end (at least according to some of the comments and tweets I received). Today’s nominee, however, should receive more universal support (or disgust, as the case may be). How many sets of time and pay records should…

If I Could Instantly Vaporize the FLSA …

The FLSA isn’t going anywhere. But, these examples demonstrate that legislators’ and regulators’ unwillingness to bring it into the latter 20th century, let alone the 21st.

Nearly six years ago, Walter Olson, writing as his Overlawyered blog, asked the following question: “If I could press a button and instantly vaporize one sector of employment law…”? This was my answer: The Fair Labor Standards Act. The FLSA needs to go because compliance is impossible. Congress enacted the FLSA during the Great Depression to combat the sweatshops that…

By the Numbers: When Payday Rolls Around

Every employee looks forward to payday. Check out Workforce's By The Numbers animation of interesting statistics involving payday.

Each month Workforce looks at important stats in the human resources sector. This month? Payday. Comment below or email editors@workforce.com. Follow Workforce on Twitter at @workforcenews.

The Salesforce Pitch for Equity, Equality

What is the distinction between "diversity" and "equality"?

  If you don’t like the answer, you can always change the question. Especially if you have money. Lots of money. There are a lot of companies across America that struggle with diversity hiring. It’s under-utilized in multiple job families, and even as employers try to attract diverse talent, it hasn’t gone great. After all, not everyone wants to work…