Tag Archives: employees

Lessons Learned from IRS Audits of 401(k) Plans

The Internal Revenue Service (IRS) conducts hundreds of audits of 401(k) and other employee qualified retirement benefit plans each year. Audits can result from participant complaints, inter-agency referrals, responses contained in the plan’s Form 5500 or from the random selection of the plan for audit. CONTINUE READING...

Top Five Curveballs to Look Out For When Dealing with the FMLA

The Family and Medical Leave Act (“FMLA”) requires covered employers to provide eligible employees with unpaid family and medical leave for certain qualifying reasons. While employers should definitely know the FMLA basics (i.e., whether they are “covered employers” who employ any “eligible employees”), here are the five FMLA potential “curveballs” that every employer should look out for when dealing with the FMLA: CONTINUE READING...

Extending Sharing of Restaurant Workers’ Tip Pool Beyond Servers and Those With Daily, Recurring Similar Duties Risks Serious Liability

About a decade ago plaintiffs’ employment lawyers discovered the plaintiff-friendly attorneys’ fee provisions of the Fair Labor Standards Act (FLSA). As a result, overtime pay suits by private lawyers went from almost none to very numerous -- and with very costly consequences for employers. CONTINUE READING...

Employers Beware: The National Labor Relations Board Cracks Down on Non-Disparagement Policies

Do you know which policies would constitute a violation of the National Labor Relations Act (NLRA)? Employers should review their policies to ensure that the policies are not overbroad and do not encompass what could be reasonably interpreted as chilling employees’ Section 7 protected concerted activities. CONTINUE READING...

Worker Misclassification – A Pandora’s Box

Worker misclassification continues to be an ongoing problem throughout the country. The effect of this has its greatest impact on low wage earners. By virtue of being misclassified as independent contractors, as opposed to employees, such workers do not have legal protections of employees, such as minimum wage and overtime protection or unemployment and worker’s compensation coverage. CONTINUE READING...