Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Karen Davis

Photo of Karen Davis
Jun 26 2019
Wage and Hour  

Q&A: Say what you mean in commission agreements

Question: One of our salespeople landed two huge contracts. Under the terms of the commission agreement, this salesperson would earn nearly $3 million. But we never anticipated paying anyone that much money. We reserved the right to amend the plan. Can we cut the commission payment?

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Photo of Karen Davis
May 06 2019
Wage and Hour  

Two years of pay and hours data due by 9/30/19 for EEO-1 Report

Not only must employers submit data on pay and hours worked during 2018 on the newly expanded EEO-1 Report by September 30, 2019, but they must also include pay and hours data from 2017. The requirement to provide pay and hours data applies to employers with 100 or more employees.…

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Photo of Karen Davis
Apr 30 2019
Wage and Hour  

Alert: 2018 EEO-1 Report pay and hours data due by September 30, 2019

Alert: 2018 EEO-1 Report pay and hours data due by September 30, 2019 September 30, 2019, is the deadline for employers with at least 100 employees to submit data via a soon-to-be-expanded EEO-1 Report on their employees’ hours worked and W-2 wages from 2018, a federal judge ruled yesterday. Here are the key…

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Photo of Karen Davis
Feb 08 2019
Safety and Health  

OSHA launches new inspection initiative based on 2016 data

Employers who reported high injury and illness rates in 2016, or who failed to report at all, will be targeted for inspections by the federal Occupational Safety and Health Administration (OSHA). Site-Specific Targeting The agency announced the directive, “Site-Specific Targeting 2016,” on October 16, 2018. States with their own safety programs, such as…

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Photo of Karen Davis
Feb 08 2019
Safety and Health  

OSHA cites employer after forklift crushes employee during maintenance

A forklift maintenance procedure at a Kansas drywall contractor turned tragic when a hydraulic cylinder in the process of being swapped out fatally crushed an employee. The federal Occupational Safety and Health Administration (OSHA) recently issued a press release announcing that it had cited the company for seven serious safety…

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Photo of Karen Davis
Jan 18 2019
Disability  

EEOC rescinds rules on wellness incentive limits for now

Effective January 1, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) has officially rescinded its regulations that allowed employers to offer wellness incentives of up to 30 percent of the cost of employee-only health coverage. As we previously reported a year ago, a federal district court determined that the EEOC didn’t have…

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Photo of Karen Davis
Jul 03 2018
Wage and Hour  

Penalty for missed rest periods in California includes all compensation

A federal district court in California has ruled that when calculating the additional one hour of pay at the regular rate for missed rest periods under California Labor Code 226.7, an employer must include not only base pay, but also commissions, incentives, and bonuses. A group of 4,481 home mortgage…

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Photo of Karen Davis
May 29 2018
Harassment & DiscriminationWage and Hour  

Brace for impact of pay equity laws

With Starbucks’ recent announcement that the company has achieved 100 percent pay equity by race and gender for U.S. workers performing similar jobs, most employers are left wondering how Starbucks got there—and how they can get there, too. The topic of equal pay continues to make headlines, and California, Oregon, and Washington are at the…

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Photo of Karen Davis
May 23 2018
HiringLabor Relations  

ALERT: Supreme Court says new hires can waive class actions in arbitration agreements

The U.S. Supreme Court has ruled that employers may require new hires to agree that any employment disputes must be resolved by taking their claims to an arbitrator on an individual basis. The Court’s ruling allows employers to proactively prevent workers from later joining together to file class-wide lawsuits or arbitration…

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