Compensation and Benefits:
We help clients develop and implement effective strategies and solutions for any problem they encounter in hiring, retaining, compensating or incentivizing their employees, consultants and executives. In addition, we assist clients with the negotiating and drafting of executive and employee employment contracts and non-compete agreements.
In addition, our attorneys routinely address issues arising under federal and state law, including:
Our attorneys have assisted many municipalities, even those who are not our regular clients, with complex litigation and threats of litigation centering upon the partial public safety exemptions to the Fair Labor Standards Act (“FLSA”). Overtime compensation can be a complex and hotly debated issue at the bargaining table. It is made more complex by the interplay of state and federal wage and hour law with contractual overtime benefits and past practice.
Through our efforts many employers, especially police and fire departments, have been able to reduce or eliminate potential liability, and bring their pay practices into compliance with the FLSA.
We can assess your potential liability for unpaid overtime and help you map a path to limit or eliminate any potential liability. Our experience and extensive work in this area have given us insight into legitimate strategies for accounting for hours worked and overtime premium pay that obtain the most favorable results for the employer.
Articles
The Fair Labor Standards Act (FLSA) has been around since the 1930’s, yet it remains a relatively complicated and misunderstood area of the law. The FLSA governs minimum wage and overtime pay. In the public sector, the FLSA has been enforced only since 1986, and the unusual schedules worked by public safety employees create an additional level of complexity for employers.
The article “Employees and Unions Looking for FLSA Payday” describes a few of the more common scenarios faced by public employers trying to comply with the FLSA.
The article “Gap Time Explained” is a brief explanation of one of the more technical aspects of FLSA compliance in the public safety arena.
Our attorneys are well versed in health insurance issues since health insurance is at the center of labor negotiations for a majority of our clients who are engaged in negotiations.
Phil Collins is well known for speaking and counseling employers in the area of Health Insurance under M.G.L Chapter 32B. This has been a very active area, as communities try to come to grips with huge health insurance cost increases, and complex decisions about how to take advantage of or implement Municipal Health Insurance Reform measures or whether and under what conditions to join the Group Insurance Commission (“GIC”).
Articles
In the article “NMP Review: Municipal Health Reform in the FY2012 Massachusetts Budget” provides an overview of the state’s 2012 Municipal Health Insurance Reform.
We help our clients understand and avoid substantial penalties under the Massachusetts Wage Act. The Wage Act details for what and when employees must be paid. Compliance with the Wage Act is important because violations result in automatic treble damages and attorneys’ fees. Our attorneys help ensure that our clients understand their responsibilities and obligations under the Wage Act and help them develop appropriate policies and procedures for fulfilling these obligations and avoiding liability.