Your Guests:

Geraldine Eure

 – 

Assistant General Counsel, Labor Relations Group, Con Edison Company of New York, Inc.

Warren Clayman   e-mail – Clayman and Associates, Appointed Team Leader to Vice President Al Gore’s Benchmarking Study “Achieving Workforce Diversity”

David Sherwyn believes that sexual harassment prevention training is not a good idea. Bob Lipman will cross examine David Sherwyn about his article “Don’t Train Your Employees and Cancel Your ‘1-800’ Harassment Hotline: An Empirical Examination and Correction of the Flaws in the Affirmative Defense to Sexual Harassment Charges.”

LXIX Fordham Law Review, Number 4 pgs. 1265 – 1304.

  • The use of options – do employees care anymore?
  • Differences between ISO’s and NQSO’s
  • What are some of the issues when an individual pays AMT, but then has the options go underwater?
  • What can employers do to help employees who are holding underwater options? (repricing, additional grants, restricted stock, deferred compensation)
  • What are some of the factors companies need to consider in making decisions on ways to deal with underwater options? (i.e., investor concerns, dilution, earnings impact)
  • What is deferred compensation? What are examples of types of deferred compensation? When is it preferable to use this versus equity-based awards?
  • ISOs and employee stock purchase plans. What’s a disqualifying disposition? What should employers do about them? What is an employee stock purchase plan?
  • What type of advice should HR be giving employees re 401(k)s? Should employees be worried about recent stock declines?
  • Is there anything employers should consider when they have employees on foreign assignment – with options, deferred compensation, 401(k) plans?

EEO News provides employment law case headlines on EEO cases it believes are significant as well as an informative workplace law radio show. EEO News is not a substitute for legal research or an employment lawyer. EEOnews.com does not provide legal advice. To learn more about employment and labor laws, please contact an employment lawyer to answer your EEO legal questions.

EEO News provides employment law case headlines on EEO cases it believes are significant as well as an informative workplace law radio show. EEO News is not a substitute for legal research or an employment lawyer. EEOnews.com does not provide legal advice. To learn more about employment and labor laws, please contact an employment lawyer to answer your EEO legal questions.

  • . H.R. 1602, the Rewarding Performance in Compensation Act proposes to exempt non-discretionary bonuses from inclusion for overtime calculations.
    • Fair Credit Reporting Act (FCRA) – H.R. 1543, Civil Rights & Employee Investigation Clarification Act. The FTC has interpreted the FCRA as requiring an employer who brings in an outside consultant to conduct a workplace investigation to have to meet the same notice requirements as are required for conducting pre-employment background checks. The irony is that if an employer is trying to conduct an undercover investigation related to theft or drug use/sales/distribution, giving notice in advance defeats the purpose of the investigation. This bill would exempt workplace investigations related to employee misconduct from the requirements of the FCRA.
    • Emotional Distress Awards in Employment – H.R. 840, Civil Rights Tax Relief Act. Did you know that a plaintiff who wins a monetary award for emotional distress as a result of physical injury pays no taxes on that award, but a plaintiff who wins the same amount of money for emotional distress that is NOT caused by physical injury does? This bill would exempt ANY award for emotional distress from taxation, regardless of the cause.
    • FLSA Reform – S. 624, Workplace Flexibility Act and H.R. 1982, the Working Families Flexibility Act. A non-exempt employee asks his supervisor if he could work overtime this week and take compensatory time off in the following pay period to attend a parent-teacher conference, in lieu of overtime and so he does not have to use his vacation. Even if the supervisor would like to do so, as a private employer, the FLSA prohibits this. S. 624 and H.R. 1982 would permit this flexibility where both the employer and employee agree to the payment of comp time in lieu of overtime. The bills provide different eligibility requirements.
    • FMLA Reform – S. 489, Family and Medical Leave Clarification Act would clarify some of the discrepancies that now exist between the courts and Department of Labor in interpreting the Act including administration of intermittent leave and notice requirements, without expanding the coverage to employers or for purposes not currently covered. Note that on June 25, 2001 the Supreme Court announced that it will review a case that deals with employee eligibility for FMLA coverage when an employer fails to give timely notice of whether or not time off from work will be counted towards FMLA leave.
  • EEO News provides employment law case headlines on EEO cases it believes are significant as well as an informative workplace law radio show. EEO News is not a substitute for legal research or an employment lawyer. EEOnews.com does not provide legal advice. To learn more about employment and labor laws, please contact an employment lawyer to answer your EEO legal questions.

    Mr. Lippman and Mr. Michelson are partners in the law firm of Lippman, Michelson & Associates, specializing in ADA, EEOC and OSHA ergonomic compliance law. Their offices are located in Texas, California, and Tennessee.

    Joel Katz, Esq. is an in-house employment lawyer for Computer Associates. He has lectured extensively on leave of absence issues.
    Joel will walk us through the FMLA/WC/ADA maze and try to shed some light on the area of disability leaves.

    Mrs. Cratchit, RN – Hired by NurseTemps, Inc. to advise customers pricked by wreaths or who suffer from allergic reactions to pine needles. Received W-2 from NurseTemps. Frequently, she sees customers who storm Ebenezer Scrooge Christmas Wreath Co.’s office with bloody fingers. She works 70+ hours a week and is paid $29,000 per year. Mrs. Cratchit believes she is entitled to overtime for working in excess of 8 hours in a day. She worked with Ebenezer Scrooge Christmas Wreath Co. for 8 years.

    Ebenezer’s Nephew, Delivery Person – Delivers Christmas Wreaths to homes in the Tri-State Region around New York City. Works 100+ hours per week. He uses the Company’s minivan to make the deliveries. He is paid a weekly salary of $1,000. He receives a 1099.

    Bob Cratchit, Bookkeeper – Paid annual salary of $20,000 for the past 15 years. December 25, 2000, Cratchit was promoted to Vice President of Marketing in order to develop and implement a new marketing scheme. As VP, he earns $35 per hour. He has been paid $78,000 to date in 2001. He has worked an average of 80 hours per week for the past 16 years.

    Belle, Admin Ass’t – Scrooge’s former girlfriend has worked as his administrative assistant for the past 10 years. She earns $400 per week. She works about 60 hours a week. Belle receives an extra $1 per hour when she works after 10 p.m. She is paid a weekend bonus of $10 whenever she is required to work on the weekend.
    Week ending 12/24/2000: Belle worked 60 hours and earned $350. ($300 in salary + $20 for working after 10 p.m. + $10 for working on the weekend + a $20 Christmas bonus).

    Tiny Tim, Laborer – Made Christmas wreaths in his home until December 24, 2000. Tim worked approximately 95 hours a week. He was paid $6 per hour. On December 25, 2000, he was promoted to a sales position. He is now paid on a commission basis to visit hospitals and sell wreaths.

    Big Tim, Web Developer – Tiny Tim’s cousin. Works 75 hours a week for the first 2 weeks of each month. He is paid $60/hour. He attends school the second half of each month. He handles the Company’s e-commerce. He is paid cash and receives no W-2 or 1099.