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Compensation & Benefits

Duty differences, experience enough to defeat equal pay claim

05/12/2008
The Equal Pay Act was passed to ensure that women are paid the same as men for substantially equal work. The law does allow for differences based on any factor “other than sex,” but you must be prepared to explain pay differentials in a way that clearly demonstrates why two employees in the same job receive different wages …

SE Michigan businesses leery of state-Run health care

05/09/2008
A survey of Southeast Michigan business owners by the Detroit Regional Chamber of Commerce indicates serious reservations among area employers about state-run health care …

Must we offer the same position to a temp worker returning from FMLA leave?

05/09/2008
Q. We lease some of our workers from an agency. The agency handles all personnel needs of its employees, but our supervisors provide day-to-day direction to the workers. One of our agency employees, Jane, informed the agency that she was taking FMLA leave for her pregnancy. While Jane was out on leave, the agency supplied us with a replacement, Mary. Jane’s FMLA leave is over, and the agency wants to send her back. We would prefer to keep Mary. Does the FMLA oblige us to let Mary go and bring Jane back? …

Michigan ranks 47th in pay equity

05/09/2008
Michigan women on average earn 69.8 cents for every dollar earned by a man for equivalent work, well below most states, according to the Michigan Women’s Commission …

Enforce overtime approval policies—But pay for all hours worked

05/09/2008

Q. Our company policy requires an employee’s supervisor to approve all overtime. However it’s common for employees to work overtime that has not been approved; time they then record on their time sheets. Since the overtime was never approved, our management takes the position that it does not need to pay for this overtime. My understanding is that all hours worked must be paid. Which is correct? …

Base reinstatement on job held at time leave began

05/07/2008
For determining reinstatement rights under the FMLA, it’s the job the employee was in at the time she began her FMLA leave that counts. As long as the job she returns to is substantially equivalent, it does not matter that the job may be below her capacities and educational background …

Staffing company owes $3 million to guest workers

05/07/2008
 The U.S. Department of Labor (DOL) has directed Advanced Professional Marketing Inc. (APMI), a medical staffing company based in New York City, to pay almost $3 million in back wages to more than 150 H-1B guest workers …

Chief judge takes New York to court over low pay

05/07/2008
Chief Judge Judith Kaye has filed a lawsuit on behalf of the state’s 1,250 judges claiming the political process has denied them their constitutional rights to an “adequate” salary. The reason: The New York Legislature hasn’t given them a raise in a decade …

And you thought those tip jars never amounted to much

05/07/2008
After Starbucks baristas won a $105 million verdict in California over tip-sharing, a former barista has filed a nearly identical lawsuit against the company in New York …

Absent without leave: Can we fire for violating vacation policy?

05/06/2008
Q. We recently could not reach an employee who works off-site. Then we learned he was responding to customer messages by saying he was on vacation. After we learned this, he contacted his supervisor and said he had been on vacation and would be on vacation the rest of the week. His supervisor reports that he had not requested vacation time beforehand—and our policy states that vacation time must be preapproved. This employee had been a marginal performer, and now his supervisor wants to fire him. Can we fire him for this? …