In an unusual move last week, the Teamsters union sued a regional airline in Indianapolis because the company, without bargaining, allegedly paid out bonuses to the pilots the union represents, and also allegedly started offering higher pay rates than what was contained in the parties’ collective bargaining agreement. Technically, employers must bargain any changes to terms and conditions of union employees’ employment – whether favorable or unfavorable. As a practical matter, however, most unions do not take the drastic step of filing a lawsuit to make a public record of protests against unilateral changes that favor employees. Because the lawsuit has just been filed, there have been no substantive rulings as of yet. We will keep you updated on this blog as the lawsuit progresses. … [Read more...] about No Good Deed Goes Unpunished: Teamsters Sue Airline…For Paying Out Employee Bonuses!
Employee for a bonus
Employers who pay “holiday” or “end of the year” bonuses should also be cognizant of the potential requirement to pay overtime premiums on these payments. Federal regulations provide that “gifts made at Christmas time or on other special occasions, as a reward for service, the amount of which are not measured by or dependent on hours worked, production or efficiency” are excluded from overtime premium requirements. However, in a similar vein, if the amount of the gift, holiday or special occasion award is determined by hours worked, production, or efficiency, this exclusion is lost. … [Read more...] about Paying Bonuses to Non-Exempt Employees: Avoiding Class-Wide Overtime Violations
On the other hand, if the employer cannot identify the specific weeks in which the bonus was earned, then the bonus must be allocated across the entire bonus period. If the bonus was earned over a calendar year, the employer must (1) divide the bonus by 52, (2) add that sum to the wages earned during the workweek, (3) recalculate the regular rate, and (4) pay an additional time and a half based on the regular rate for all hours worked over 40. … [Read more...] about So You Want to Give Your Employee a Bonus?
The Employee Union’s Writ petition (1999) before Division Bench of Rajasthan HC was disposed of recording the settlement between the Union and State. The crux of the settlement was that In the event of the Government making regular selections for the vacant posts , the petitioners shall be given weightage as well as relaxation in the eligibility condition keeping in view their long duration of past services. In 2011, State issued an advertisement inviting applications from eligible candidates for appointment to 289 posts of ‘Class IV employees providing some weightage in favour of the members of the Union and other similarly situated people. In 2014, the Employees Union filed another petition before the High Court seeking a direction to the State to declare the result of Class-IV employees and give appointment to the members of the petitioner Union who are continuously discharging their duties as class IV employees from last 15-20 years on daily wages basis. This Writ … [Read more...] about No prohibition in giving weightage to service rendered by daily wages employees: SC clarifies Uma Devi’s Judgment [Read Judgment]
“The FEC must investigate this scheme,” Brendan Fischer, associate counsel of the Campaign Legal Center, said in a statement obtained by LawNewz.com. “Thornton employees made contributions to these campaign and were promptly reimbursed by the firm, allowing the firm to collectively give far more to individual candidates in a single year than the firm could have donated directly under federal law. This appears to be a clear violation of the law and the FEC should take this seriously.” … [Read more...] about FEC Complaint Filed Against Democratic Law Firm Over Political Donation ‘Bonus’ Program