What's Dinkin Thinkin?Elliot's bio

Former Employees Who Have Previously Signed A Severance Agreement Do Not Have To Return Their Severance Pay Before Suing A Former Employer

I admit to having to read this several times:  the U.S. Court of Appeals for the Sixth Circuit recently ruled that former employees do not have to return their severance pay before suing their former employer, if the reason for wanting to cancel the agreement relates to filing certain discrimination claims under Title VII and

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Emerging Trend Regarding Medical Marijuana Will Create Even More Stress for Employers

Background  It is hard enough to attract and retain talent, while still being compliant.  Now a new wrinkle arises with the legalization of medical marijuana in over 30 states.  Employers need to be aware of all requirements under federal laws, despite any state laws that may prohibit discrimination against medical marijuana users.  Employers must consider

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Average Hourly Earnings Increase Is Reducing Profits: Why It Is a Better Time than Ever to Focus on a Total Compensation Approach to Controlling Overall Labor Costs

Background: Average hourly earnings increased 2.7% in June from a year earlier, according to the Labor Department’s monthly jobs data released last Friday. That is good news for U.S. workers who have seen minimal wage increases over the past few years.  But the higher costs pose a threat to some U.S. companies that are already

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Can A Struggling Multi-Employer Plan Override A Collective Bargaining Agreement?

Background:After bargaining to impasse, Just Born implemented its last, best and final offer, which included a soft-freeze type provision, where contributions would be made to the Multiemployer Pension Fund (MEPP), just for existing employees, but not new hires. This decision (Just Born, 4th circuit court of appeals; April 26, 2018) requires Just Born to continue

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To Ask or Not to Ask About Prior Compensation – That is the Question

The Ninth Circuit Court of Appeals issued a recent ruling that wage disparity based on “prior salary alone or in combination with other factors” violated the Equal Pay Act (Rizo v. Yovino). The court adopted the viewpoint that the objective of the Equal Pay Act is to eliminate long-standing pay disparities, not to preserve them, going

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Voluntary Correction Program (VCP) Equivalent to Fix Violations Under the Fair Labor Standards Act (FLSA)

The Internal Revenue Service has created an Employee Plans Compliance Resolution System (EPCRS) for correcting qualified plan (e.g., Defined Benefit and Defined Contribution) errors, including Self-Correction Program (SCP), Voluntary Correction Program (VCP), and the Audit Closing Agreement Program (Audit CAP), to expedite the resolution of fixing certain operating mistakes.  These plans have been widely used

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California Supreme Court Ruling Will Result in a Higher OT Rate for Employer’s Who Pay Flat Bonuses

The California Supreme Court issued a decision on March 5, 2018 (Alvarado v. Dart Container Corp) regarding the proper method under California law to calculate nonexempt employees’ overtime rate of pay when those employees receive a flat bonus, which generally are payments that do not vary on factors such as effort or productivity.  Flat bonuses

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Why a Not-for-Profit Should Address the Tax Reform Impact on Their Total Compensation Offerings

No, I didn’t hit my head and wake up and realize that Not-For Profits (NFPs) now pay taxes.  However, as a result of the recent tax law changes, a substantial number of for-profit companies not only provided a one-time bonus, some were, also, quick to act and announced increases to:Minimum wageSalariesRetirement benefitsInvestment in training employeesNFPs

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Tax Reform Provides Another Incentive to Implement Pension Plan De-Risking Strategy

Tax reform offers another incentive for employers to consider completing a pension plan de-risking strategy in 2018. A change in the corporate tax rate will make funding pension plans sooner more appealing, which many try to do before completing a risk transfer anyway.The Tax law approved in December 2017, lowers the corporate tax rate to

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