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Compensation & Benefits

Paying nonexempt employees a salary? Be sure to get agreement on hourly rate

04/19/2012
Determining the amount of overtime pay depends on employees’ hourly rate of pay for the first 40 hours. That can sometimes be more complicated than it sounds, especially for employers that pay their hourly employees a set amount for their entire workweek, including overtime.

DOL goes nuts on Sunnyvale’s Crazy Buffet

04/19/2012
A federal judge has ordered Sunnyvale-based Crazy Buffet to pay its workers $404,000 in damages following a U.S. Department of Labor investigation. The Chinese-food buffet restaurant had a policy of not paying wages to workers, although it allowed them to keep their tips.

You don’t have to police meal-break work

04/19/2012

After years of employer uncertainty, the California Supreme Court has finally resolved what em­­ployers must do to provide meal and rest breaks. They must make sure employees are relieved of all duties during the breaks. However, they do not have to ensure that no work is performed during breaks.

Greater penalties for unequal pay these days?

04/19/2012
Q. Has the penalty for employer violations of the Illinois Equal Pay Act recently increased?

What are the rules for requesting FMLA leave?

04/19/2012
Q. Does an employee who wants to take FMLA leave have to specifically ask for it by name?

Never knew about unauthorized OT? You’re not liable under FLSA

04/19/2012

Every HR pro knows employers must pay overtime if an em­­ployee works more than 40 hours per week. But does an employer have to pay overtime if it doesn’t know or have reason to know that the employee worked overtime hours? No, according to the 7th Circuit Court of Appeals.

Be prepared to explain why women earn less than men doing the same work

04/19/2012
If you pay women and men different rates for the doing the same work, you had better have a good reason—one that can stand up in court. Otherwise, you’ll probably wind up on the losing end of an Equal Pay Act (EPA) lawsuit.

Plugged in: Google encourages staff to drive electric cars

04/19/2012

Employees and visitors who drive their electric cars to Google’s Silicon Valley campus can charge them up in the company parking lot. The web-search giant installed 120 charging stations in an effort to convert 5% of its parking for electric vehicles.

If you hire your kids, be the boss, not the parent

04/17/2012
It’s almost summer, and some lucky kids will be working in their families’ businesses. Sole proprietors and partnerships where both spouses are partners can get some special payroll tax breaks for hiring their kids. But, regardless of your business structure, you must follow a few rules to keep the IRS out of your hair.

IRS reclassification program: more questions than answers

04/13/2012

Under the IRS’ Voluntary Classification Settlement Program (VCSP), you may change workers’ status from independent contractors to employees for future tax periods on favorable tax terms, without in­­curring penalties or interest. Now, however, new questions have arisen. Unfortunately, there are no easy answers.