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Compensation & Benefits

Making paycheck deductions in New York is dangerous business

07/06/2011

When an employee owes the company money, it may be tempting to simply deduct it from his or her next paycheck. But in New York, that can be a big mistake. Over the past couple of years, the New York State Department of Labor has issued several opinion letters that significantly narrow its interpretation of New York Labor Law Section 193.

Consider paying for ‘uniform-like’ clothing

07/06/2011
Restaurants and retailers often have strict dress codes for employees; for example, black polo shirts and khaki pants. These aren’t uniforms—there aren’t any logos on the shirts—but the goal is to create a consistent look for employees. The best approach may be to pay for employees’ clothing rather than risk class-action litigation over who should be covering the cost.

Can you vary pay based on location, duties?

07/05/2011
When employees start grumbling about pay, they’ll sometimes look far afield to find a grievance they can latch onto. Next thing you know, you’re facing a pay discrimination lawsuit. What does federal law say about pay systems based on geographic differences and varying duties?

The HR I.Q. Test: July ’11

07/05/2011
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz.

448 million unused vacation days in 2010

07/01/2011
On average, U.S. workers took only 14 of the 18 vacation days they earned last year, a total of 448 million unused days. French workers, on the other hand, took 35 of the 37 vacation days they were due.

The EEOC, maximum leave policies and the new ADA amendments

06/30/2011
The EEOC is getting serious about helping disabled Americans. In early June, the agency held a public meeting on the use of leave as a reasonable accommodation. That move came just two weeks after the agency put its new ADA Amendments Act (ADAAA) regulations into effect.

Feds issue new tip-credit pooling rules

06/30/2011

Employers are now free to set the percentage of employee tips that can be placed in a tip pool. In years past, several court decisions conflicted with the U.S. Department of Labor’s position restricting the amount of tips an employer could require to be pooled. The ruling comes as part of a new regulation clarifying the tip-pooling issue and establishing notice requirements for employers that use a tip credit for tipped employees.

What are the rules on unpaid interns?

06/30/2011
Q. We have received résumés from many college students looking for unpaid positions this fall. Would we need to pay these interns?

Employee must prove ‘willful’ FLSA violation

06/30/2011
The FLSA can be a trap for employers that don’t properly classify their workers. In fact, getting classification wrong can lead to class-action lawsuits and large back-pay awards. And to confuse things even more, if the employer acted “willfully,” employees get those double awards going back three years. Now the 5th Circuit Court of Ap­peals has at least made it a little harder for employees to collect those damages for three years.

It’s legit to use differences in location and duties to justify varying pay scales

06/30/2011
Under the Equal Pay Act, em­­ployers can set different salaries based on geographically distinct job locations. In other words, you aren’t required to pay a manager in New York City the same as one in a lower-cost locale, even if the New York manager is male and the manager in the other location is female. Plus, any differences in responsibilities can help justify the difference.