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Are Commissioned California Employees Entitled to Separate Pay for Rest Periods?

HR Daily Advisor

Rest period violations are a source of enormous potential liability for employers, so it’s critical to ensure that you are appropriately compensating employees for their rest periods. Stoneledge paid sales associates under a “Sales Associate Commission Compensation Pay Agreement.” Safeway Stores, Inc.,

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Minnesota Court Recognizes Workers’ Comp Retaliation Suit Filed by Undocumented Worker

HR Daily Advisor

On June 28, 2017, the Minnesota Supreme Court held that an undocumented worker asserted a valid retaliation claim after he was placed on unpaid leave for seeking workers’ compensation benefits. In 2005, Dahlke Trailer Sales hired “Tony” after he presented a false Social Security number. gk-6mt / iStock / Getty Images Plus.

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401(k) 101: A Benefit for Employers and Employees Alike

HR Daily Advisor

A 401(k) plan offers employees the opportunity to defer a portion of their compensation into individual tax-deferred accounts on a pretax basis, thus avoiding income tax on those “deferred compensa­tion” amounts until the money in their accounts is distributed. Before joining CER in 2005, Ms. designer491 / iStock / Getty Images Plus.

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An Introduction to Cafeteria Plans: Permitted Tax-Exempt and Taxable Benefits

HR Daily Advisor

In addition, highly compensated participants lose the Section 125 protection from taxation if the cafeteria plan fails certain nondiscrimination tests. This prohibition on benefits that defer the receipt of compensation is a long-standing requirement of Section 125. Any other benefit that does not defer the receipt of compensation.

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Flexible Spending Accounts (FSAs): 2 Exceptions to ‘Use-It-or-Lose-It’

HR Daily Advisor

Arrangements outside a cafeteria plan adjusting salary to compensate for health FSA for­feitures may jeopardize the qualification of the FSA under Section 125 because this could be viewed as impermissible risk-shifting. Before joining CER in 2005, Ms. Carsen was a Legal Editor at CCH, Inc.

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401(k) Hardship Withdrawal Rules Explained

HR Daily Advisor

highly compensated employees), and confirm that each request is unique. Jennifer Carsen, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications, focusing on benefits compliance. Before joining CER in 2005, Ms. Multiple identical-looking requests can be a red flag for fraud.

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2nd Circuit Scrutinizes Worker’s Inconsistent Claims About His Disability

HR Daily Advisor

“Barry,” a Romanian, began working as a maintenance mechanic for Rockbestos-Suprenant Cable Corporation in April 2005. Factual assertions employees make in those filings may be entirely inconsistent with claims they bring under the ADA, the ADEA, Title VII, or the New York State Human Rights Law (NYSHRL). Background.