Benefits and Compensation Commons^™

A Looming Pilot Shortage: It Is Time To Revisit Regulations, Christopher L. Caraway

International Journal of Aviation, Aeronautics, and Aerospace

Forecasts predict we will need 790,000 pilots by 2037. This prediction means airlines will need to increase pilot levels by 267%. Finding a solution to this pilot shortage requires the aviation community to address limiting regulatory and other core factors. Many have claimed that 1,500-hour rule and mandatory retirements are critical issues contributing to the pilot shortage. However, the data does not support these claims. Instead, trends in pilot population levels and safety records indicate these regulations are only effecting the demographics of the current pilot population. The shift in the pilot population will harm future airline operations if the …

Canines At The Company, Felines At The Factory: The Risks And Rewards Of Incorporating Service Animals And Companion Animals Into The Workplace, Rebecca J. Huss

Dickinson Law Review (2017-Present)

With unemployment rates at historically low levels, the ability of an employer to attract and retain productive employees is key to a company’s success. Simultaneously, the percentage of persons in the United States with disabilities is increasing. Additionally, many persons without disabilities consider allowing companion animals at work a valuable employee benefit. This Article focuses on the legal and workplace implications of incorporating service animals and companion animals at work.

This Article begins by analyzing when an employer must accommodate a request by an employee with a disability to be accompanied by a service animal at work under the Americans …

"Flaw-Backs:" Executive Compensation Clawbacks And Their Costly Flaw, Connor Douglas Maag

The Journal of Business, Entrepreneurship & the Law

Saving money should not be expensive. Compensation “clawbacks” are a legal mechanism for companies to reclaim employee compensation, but the legislative framework is complex and disorganized. There are four primary federal claw-back provisions: Sarbanes-Oxley § 304, Dodd-Frank § 954, 12 U.S.C.A. § 5221(TARP), and Dodd-Frank § 956—as well as voluntary contractual clawback policies. This comment untangles the web of clawback legislation by overlaying each clawback mechanism to extract a single, clear, and concise description of executive compensation clawbacks, called the “Comprehensive Clawback Coverage.” The Comprehensive Clawback Coverage reveals a major flaw in the legal and regulatory framework: clawbacks increase agency …

Fss 2020: Pension Sector, Zarah Gadzama

Bullion

The Nigerian Pensioner over the years is seen to have been deprived of his/her benefits even after retirement. The inconsistency of payments, corruption and lack of data or payments to Ghost Pensioners was a major setback to the defined benefits pension scheme of the Federal Government. To curtail these challenges, the Federal Government commenced the reform of the sector through legislative reforms to create a robust Pension industry that can meet the needs of all pensioners. This Paper intends to review the Journey So for of the FSS2020 Pension Sector. The paper ls divided into five Sections; Section one deals …

Do Teacher Pay For Performance Schemes Advance American Education? What Education And Business Can Learn From Each Other In The Education Reform Movement, Devin R. Bates

William & Mary Business Law Review

States are quickly moving away from the uniform salary schedule used to compensate teachers and are instead implementing various forms of Pay for Performance. While Pay for Performance compensation schemes have proved effective in some areas of business, they are not uniformly applicable and are ill-suited to education reform. By outlining recent developments in this area of the law and by reviewing the justifications for Pay for Performance schemes, this Note shows what education can learn from business and what business can learn from education. Ultimately, it is in the self-interest of businesses to oppose the implementation of Pay for …

Public Sector Personnel Economics: Wages, Promotions, And The Competence-Control Trade-Off, Charles M. Cameron, John De Figueiredo, David E. Lewis

Faculty Scholarship

We model personnel policies in public agencies, examining how wages and promotion standards can partially offset a fundamental contracting problem: the inability of public sector workers to contract on performance, and the inability of political masters to contract on forbearance from meddling. Despite the dual contracting problem, properly constructed personnel policies can encourage intrinsically motivated public sector employees to invest in expertise, seek promotion, remain in the public sector, and develop policy projects. However, doing so requires internal personnel policies that sort "slackers" from "zealots." Personnel policies that accomplish this task are quite different in agencies where acquired expertise has …

Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow

Faculty Publications By Year

This article examines a little known exemption to the Fair Labor Standards Act relieving seasonal recreational or amusement employers from their obligation to pay the minimum wage and overtime. After evaluating the existing, confused case law surrounding the exemption, we propose a new, simplified framework for applying the provision. We then apply this framework to a recent wave of FLSA lawsuits brought by cheerleaders, minor league baseball players, and stadium workers against professional sports teams. The article concludes by considering the policy implications of exempting this class of employers from the FLSA's wage and hour requirements.

Study On Related Issues Of Compensation For Oil Pollution Damage By Offshore Drilling Platform, Hongyan Wu

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

“Where Do I Start?” Aca Compliance In Rapid Growth Environments, Autumn Amadou-Blegen

Hamline Law Review

“WHERE DO I START?” ACA COMPLIANCE IN RAPID GROWTH ENVIRONMENTS

Your Former Employer’S 401(K) Plan, Jeanne Medeiros Jd

Pension Action Center Publications

When you leave a job where you have participated in a 401(k) plan, you may have a number of different options about what to do with the money in that account. This fact sheet explains those options and offers guidance about the pros and cons of each option.

Here are some frequently asked questions answered in this face sheet:

Q. Can I leave my money in my former employer’s plan?

Q. What are my other options?

Q. If I decide to withdraw the account balance from my former employer’s plan, how do I do that, and how long should it …

Illinois Secure Choice Savings Program Act (Passed Jan. 4, 2015), Emily G. Brown Jd, Ellen Bruce Jd

Pension Action Center Publications

The Illinois Secure Choice Savings Program Act, passed on January 4, 2015, creates an automatic enrollment payroll deduction IRA. The purpose of the program is to promote increased retirement savings participation for employees in the private sector. This fact sheet answers some basic questions about how this new program will affect workers and their employers in Illinois.

Getting The Most Out Of Your 401(K), Emily G. Brown Jd, Jeanne Medeiros Jd

Pension Action Center Publications

Planning for your retirement is an active and ongoing endeavor. It requires a certain amount of diligence and knowledge to ensure you have an adequate amount of financial stability at retirement. In order to safeguard your economic security, it is important to know if you are getting the most out of your 401(k) retirement savings account. This factsheet provides basic information about enrolling in a 401(k) retirement savings account and important items to keep in mind once you are enrolled.

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Law Faculty Scholarship

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Faculty Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

Fast-Food Workers Fight For A Raise And Create A Movement, Angela B. Cornell

Cornell Law Faculty Publications

No abstract provided.

Understanding The Differences Between Defined Benefit Pension And Defined Contribution, Emily G. Brown Jd, Jeanne Medeiros Jd

Pension Action Center Publications

In recent years, more and more employers are offering employees defined contribution plans instead of defined benefit plans. Although, there has been a shift away from the defined benefit pension plan, it is important for employees to understand the difference and value of both pension plans.

Each type of pension plan has both advantages and disadvantages. What may appear as an advantage to one person might seem to be a disadvantage to another person. For example, a person who spends all or most of her career with a single employer will have very different concerns from someone who changes jobs …

Understanding The Specialized Language Of Retirement Plans, Emily G. Brown Jd, Jeanne Medeiros Jd

Pension Action Center Publications

Whether you are a participant in a defined benefit plan or a defined contribution plan, the realm of pension benefits can be tricky and confusing to navigate. Some of the terminology used might be unfamiliar to the average person. This glossary of common terms associated with retirement plans is meant to serve as a helpful resource for plan participants.

The Law Librarian’S Tool For Fair Compensation In The Best - And Worst - Of Times, Femi Cadmus, Loretta Orndoff

Faculty Scholarship

No abstract provided.

The Payroll - A Text & Practice Set, Robert Hendrick

Masters Theses & Specialist Projects

Statement of the problem:

This problem involves the following divisions:

1. The laws, rules and regulations governing payrolls.
2. Application of the law in payroll accounting.
3. The accounting principles and procedure.
4. A detailed practice set.