» Kansas City Employment Lawyer Blog
A Tip of the Cap to the Department of Labor for Supporting Tipped Employees
April 14th, 2011
The federal minimum wage is $7.25 an hour, but federal law allows an employer to take a “tip credit” of up to $5.12 an hour for a “tipped employee.” If the employer pays the tipped employee at least $2.13 an hour and the tippe…
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Supreme Court Clarifies That Verbal Complaints Can Trigger Retaliation Protection
April 7th, 2011
In a new ruling by the Supreme Court workers who complained to their superiors, even verbally, about the way they are paid now have strong retaliation protections that they can exercise. These protections can help them to be compensated if they are f…
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Overtime Pay Lawsuit for Oppenheimer Stock Brokers: $2M Settlement Approved on Preliminary Basis
March 31st, 2011
On March 28, 2011, Judge Barbara S. Jones, a Federal judge of the U.S. District Court for the Southern District of New York, preliminarily approved a $2 million class and collective action settlement for Creighton v. Oppenheimer & Co. Inc. et al.…
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"Business as Usual" Is a Recipe for Liability for an ERISA Fiduciary
March 24th, 2011
Businesses woo customers. But when the “customer” is a fiduciary acting on behalf of the “beneficiaries” of that fiduciary duty, the wooing better be solely for the benefit of the beneficiaries. Despite this clear, well-establ…
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Categories: ERISA
Selecting Financial and other Service Providers for an Employee Benefits Plan
March 17th, 2011
We have grown accustomed to corporate executives lining their own pockets when making virtually any business decision, whether it benefits the corporation or not. When it comes to managing a employee benefit plan, however, acting under such self-inte…
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Categories: ERISA
ESOP's Fable: A Tale of Conflicted Fiduciaries
March 10th, 2011
An Employee Stock Ownership Plan is an employee benefit plan recognized under federal law. An ESOP provides employees with “beneficial” title to stock in the corporation where they are employed. Such stock is held in trust, with the ̶…
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Categories: ERISA
A "Lump Sum" Retirement Benefit Shouldn't Mean "Taking Your Lumps" in Your Benefit Calculation
March 3rd, 2011
True “pensions” are becoming a thing of the past for private sector employees. There was a time when most employees received a guaranteed monthly pension benefit for as long as they lived. Their retirement was secure. Now, by contrast, mo…
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Categories: ERISA
Paying for Employee On Call Time
February 24th, 2011
A lot of workers (and their employers) are confused about whether or not an employee must be paid for their “on call” time. In the days of iPhones and Blackberries employees can be reached almost anywhere, anytime. Many workers believe th…
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Banks Pocket Spread from Pension Funds On Foreign Currency Exchanges
February 17th, 2011
State Street Bank and New York Mellon Bank have recently been sued for overcharging several public sector pension funds for foreign currency exchanges. The scheme alleged in the suits goes like this: the pension fund contracts with the bank as the cu…
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Categories: ERISA
Real Tips for Tipped Employees
February 10th, 2011
“Tipped employees,” such as restaurant servers and bartenders, are often paid a minimum wage of only $2.13 by their employer. The federal minimum wage is $7.25 an hour, but allows for a “tip credit” of up to $5.12 an hour for…
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