Employee Handbook Series Part 1 of 3: Three Tips to Manage Legal Risk Through a Safe Harbor Policy

Many employers understand that only salaried employees are exempt from minimum wage and overtime requirements. There is, however, understandable confusion (not to mention operational difficulties) surrounding the permissible deductions from exempt employees’ pay. As one example among many, employers generally cannot deduct exempt employees’ pay for absences due to illness or disability, except where the deduction is Read More

Methods for Sheltering Nonqualified Plan Accounts in the Event of Employer Bankruptcy

From iconic retail brands like Neiman Marcus to popular entertainment venues like Chuck E. Cheese, business bankruptcies have escalated in 2020 due to the COVID-19 pandemic. Company executives invested in Non-Qualified (NQ) plans risk losing a substantial amount in retirement savings due to guidelines set under Section 409A. These guidelines protect NQ plan assets from a change in corporate control but not from a Read More

3 Tips for Avoiding Legal Pitfalls in Addressing Employee Opioid Use

In response to concerns about the opioid epidemic and the employment provisions of the Americans with Disabilities Act (ADA), the Equal Employment Opportunity Commission (EEOC), on August 5, 2020, released technical assistance documents as guidance on opioid addiction and employment. Although directed at employees and healthcare providers, the EEOC’s guidance reminds employers of the basic parameters of the ADA Read More

3 Tips for Avoiding Liability Traps in Employee Leave Policies

As many businesses across the country are updating their leave policies, we offer the following three (3) tips to avoid employers’ liability traps in employee leave policies. Tip #1 – Review your leave policies for compliance with the Fair Labor Standards Act. Unless your organization has a “bona fide benefits plan,” exempt employees’ salaries may not be reduced for absences due to illness or disability without Read More

3 Tips for Avoiding Employment Liability Pitfalls During the COVID-19 Pandemic

Even during the best of times, employment liability presents one of the highest costs of doing businesses for employers of all sizes. During the COVID-19 pandemic, employers have had no choice but to be more vigilant than ever in minimizing all expenses, including employee-related expenses. As your risk management partner, we offer you the following three tips to avoid costly employment liability traps during the Read More