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Author: Brooke Duncan

Brooke Duncan is one of the country's leading labor attorneys and a partner with Adams & Reese in New Orleans.

Paying Piece Rate/Spiffs/Commissions

Question: Are piece rate/spiffs/commissions permitted to be paid as a bonus once per quarter? Can “incentive pay” be saved up and […]

Paying Technicians for Shoddy Work

Question:  Just wondering, I have a crew that is, I guess average. Normally they do okay. Recently for some reason, […]

Employees, Vacation, and Overtime Pay

Question: I have a question regarding paying an employee overtime.  Let’s say an employee has 43 hours owed him/her in a […]

How Should I Handle Decreased Productivity With Older Workers?

Question: When you hire an older person, what might happen as their productivity become less? Is it fine to pre-establish […]

Hiring, Firing, and Everything in Between

In today’s world, understanding the law of managing a workforce is vital to avoiding needless legal entanglements. From hiring, to […]

What Procedure Do I Need To Follow To Drug Test An Employee?

Question: We have an employee who is working on a 90-day trial basis. I have a suspicion he might be on […]

When Do I Have To Start Paying Overtime?

Question: Do you have pay your field personnel overtime after 8 hours of work per day? Our current policy is that we […]

Do I Have To Allow An Employee To Return To Work?

Question: We have a service technician who is one of the highest paid employees in the company. He previously was in […]

Can I Fire An Employee On Worker’s Comp?

Question: I have an employee who fell without a witness. We sent him right to occupational health for treatment. Our policy […]

When Do I Have To Pay Overtime?

Question: I pay my employees on a piece rate, in other words, I pay them by the task as opposed to […]

Is It OK To Classify An Employee As An Independent Contractor?

Question: Is it legal to hire someone for 30 days as an independent contractor and then switch them to employee status […]

Can I Make My Employees Pay for Towed Vehicles?

Question: Our employee parked our company van in a no-parking zone and was towed. We had to pay to get our […]

How Do I Handle Workers’ Compensation With a Pre-Existing Condition?

Question: We hired a technician and he shortly thereafter he was involved in an auto accident on the job with one […]

When Do I Have to Pay Out Leave?

Question: If an employee quits prior to using all of their accrued vacation time, am I required to pay them for […]

Can an Employee Waive Overtime Pay?

IE3’s legal expert tackles another tough questions from an ACCA member.

Injured on Friday, Quit on Tuesday – Should I Report the Injury?

IE3 tackles another tough HR question.

Do We Have to Report Injuries to Our Workers Compensation Carrier?

IE3’s legal expert tackles another tough questions from a contractor.

Can “Too Many” Sick Days Be Reflected Poorly on an Evaluation?

IE3’s legal expert tackles another tough question from a contractor.

Can I Demote an Employee?

IE3’s legal expert tackles another question from an ACCA member.

How Much Do I Need to Pay My Technicians for Callbacks?

IE3’s legal expert explains what you have to pay employees for callbacks.

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