We floated the proposition that an employee’s entitlement to an allowance for commission or overtime in his holiday pay should depend upon his being able to show (at least on a balance of probabilities) that he would have earned that extra money had he not been on leave, i.e. that he had suffered some actual loss. Most of our attendees seemed willing to take that loss as a given based on recent average overtime or commissions rates. Where such extra earnings are pretty regular and pretty consistent, that might well be a sensible approach. However, the financial services attendee, being from a sector which pays fewer but larger supplementary sums above salary, could see some mileage in this argument. If such a lumpy payment fell within the reference period for the holiday pay calculation, it could seriously distort the figure and turn it into a number wholly unconnected with what the employee would actually have earned had he not been on leave. None of the cases … [Read more...] about UK Holiday Pay Inactivity – Inertia or Strategy?
Federal law on holiday pay
DHS estimates that 5,975 Secret Service employees are working without pay at the moment, out of 7,222 total Secret Service employees, according to DHS' contingency plan. The rest are furloughed. Additionally, DHS estimates 54,935 Customs and Border Protection employees, out of 60,109 total employees, are working without pay for the time being. The remainder are furloughed. … [Read more...] about Pay on hold for federal law enforcement Trump so vocally supports
Documentation of Use of Earned Sick Time Employers can require written documentation for an employee’s use of earned sick time when the time (1) exceeds 24 consecutively scheduled work hours; (2) exceeds 3 consecutive days on which the employee was scheduled to work; (3) occurs within 2 weeks prior to an employee’s final scheduled day of work before termination of employment, except in the case of temporary employees; (4) occurs after 4 unforeseeable and undocumented absences within a 3-month period; or (5) for employees aged 17 and under, occurs after 3 unforeseeable and undocumented absences within a 3-month period. … [Read more...] about Massachusetts Earned Sick Time Law Takes Effect July 1st
At the beginning of the Labor Day holiday and in the heart of the campaign season, the SEC's Office of Compliance Inspections and Examinations issued a Risk Alert targeting compliance by investment banks underwriting municipal bonds with rules limiting political contributions to campaigns of state and local government officials who select firms to be underwriters, remarketing agents, and financial advisors for municipal securities. The Risk Alert is a reminder of existing rules; no new requirements were announced. … [Read more...] about SEC Issues Risk Alert on Campaign Contributions and Pay-to-Play Prohibitions
The agency had charged that the defendants, Imperial Investments Greenville, Inc. and Imperial Investments Group, Inc., violated federal law by subjecting several female employees to a sexually hostile work environment at the hotel. The lawsuit further charged that one woman was unlawfully fired in retaliation for complaining about the sexual harassment. Such alleged actions violate Title VII of the Civil Rights Act of 1964 which prohibits sex discrimination, including sexual harassment, and retaliation. … [Read more...] about Simpsonville Hotel to Pay $90,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit