What's Dinkin Thinkin?Elliot's bio

Why a Not-for-Profit Should Implement a Total Compensation Philosophy and What Should it Contain?

Background:Best practices suggest that nonprofit boards of directors establish a compensation policy with specified ranges of acceptable salaries and benefits.  Also, Boards should ensure that they can justify an arms-length standard in their decision-making process. This justification may require nonprofits to focus on a strong governance structure with diverse and qualified board members.In addition, the

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DOL Issues RFI Regarding FLSA Matters

At the end of July, 2017, the U.S. Department of Labor (DOL) published a Request for Information (RFI) regarding the regulations defining the Fair Labor Standards Act (FLSA) exemptions for executive, administrative, professional, outside sales, and computer employees (the white collar exemptions). As you recall, the DOL issued final regulations last year increasing the minimum

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Another State Enacts Equal Pay Legislation with Significant Potential Liability Along with a Path to Be Compliant

Background: The trend of state-enacted legislation regarding equal pay continues, as Oregon recently enacted legislation that creates new obligations and areas of liability for Oregon employers. The law provides that employers may not pay employees performing comparable work at different rates of pay because of their membership in a protected class. The law will further

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Compensation Impact of Executive Termination: More Complicated than a Driverless Car?

  Uber has been in the news lately – for a variety of reasons.  One of these issues involves a former employee of Google who was later hired by Uber. While employed by Google, the executive was involved in their development of a driverless car. When the employee left Google to start his own self-driving

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Can the Use of Prior Salary Alone Support Differences Under the Equal Pay Act?

I have written several pieces about Pay Equity issues – focusing mainly on the steps needed for an employer to assist in demonstrating that their pay practices are appropriate and reasonable, and therefore not discriminatory (see for example: EEO-1 Revisions Are Coming). One of the factors often cited as a possible defense is the use

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Technology Improvements Create Challenges to Remain HIPAA Compliant

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) required the U.S. Department of Health and Human Services (HHS) to develop regulations protecting the privacy and security of certain health information. Did the architects of these rules envision a world with ever changing technology, including the widespread usage of mobile devices and other systems

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April 4th Marks Equal Pay Day – What Does This Mean for Employers?

Pay equity day marks the number of days into 2017 that the average woman will have earned the same amount that the average man earned, who worked all of 2016. There is no doubt that pay equity has become a high priority for employers, as administrative agencies and multiple states have moved to address pay

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Will High-Risk Insurance Pools Be Part of the Solution In a Post-ACA World?

I am not sure of the direction that repeal and replace the Affordable Care Act (ACA) will go, but one component that will need to change is the individual health insurance market.  Like most issues, identifying the problems is easy (e.g. pool of enrollees is high risk, insurance company participation and competition are not working,

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Would Roger Federer be Successful at Your Company?

I continue to play a lot of tennis and enjoy the exercise and experience.  After watching Federer play Nadal in the Australian Open final, a wonderful match, I was curious whether or not they would be successful in our business?   Consider the following: For me, successful individuals are ones that when faced with a problem,

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Thoughts on Compensation Pay Trends for 2017

Compensation trends tend to move quickly and it is often hard to wait for survey results to adjust the needle.  Here are a few items for 2017 worth considering: Use of Cash Bonuses Will Increase – The use of cash bonuses, referral bonuses, sign on bonuses, and other similar arrangements will increase as well as

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October 2017
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