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Compensation & Benefits

Fed HR reps don’t like the government’s pay system

10/01/2007

One-third of the federal government’s chief human capital officers say their employer should replace its general schedule pay system with pay for performance …

No right to full pay for light-Duty work

10/01/2007

Some employees qualify for FMLA leave because they have a temporary medical problem that prevents them from performing their usual job. Often, they’ll elect to accept a light-duty position instead of taking 12 weeks’ unpaid leave.
Light-duty jobs often come with a lower paycheck, presumably because so many of those positions are really “make-work” jobs typically used to accommodate on-the-job injuries. What happens if the employee elects light duty and demands his or her regular pay? Does he or she have that right under the FMLA? Not according to the 7th Circuit …

No pay owed for on-Call employees’ ‘Commuting’ time

10/01/2007

If you have employees on call, you know how complicated paying them can be. But now at least one area of the law is fairly clear. A recent decision in a class-action case held that if employees report to their regular workplace in response to a call, they aren’t entitled to extra pay for their trip time. That counts as regular commuting time—which is always unpaid …

Promised to pay overtime when it wasn’t required? You have to anyway

10/01/2007

Are you sure you understand the Fair Labor Standards Act overtime provisions and when they apply? If not, now’s a good time to review them. An employer that agrees to pay more than required (because it mistakenly thought its workers were hourly employees entitled to overtime) can’t just change its mind …

No need to pay prisoners minimum wage—Court says it’s not ‘Slave labor’

10/01/2007

Is your organization providing employment opportunities within Illinois prisons? If so, you don’t have to worry about being sued for minimum-wage or overtime violations by the prisoners you employ, thanks to a federal court’s common-sense decision …

Watch what you promise: Michigan employment contracts can be oral

10/01/2007

In Michigan, employers and employees can enter into employment contracts without using written agreements. As long as one of the parties can prove what the terms of the agreement are, a court may enforce the agreement. One way to protect your organization is to have all new hires sign an acknowledgment that no oral promises are binding, and that all contracts must be in writing …

Michigan’s minimum wage is higher than the federal rate

10/01/2007

Q. The federal minimum wage increased in July. How does that relate to the minimum wage in Michigan? …

Exempt or nonexempt? Analyze your staff before a court does

10/01/2007

When a new position is created, HR professionals typically make a snap decision on a vital issue: whether the person filling it should be deemed exempt from the Fair Labor Standards Act—i.e., they’re not eligible for overtime pay—or whether they’re nonexempt—i.e., eligible for time-and-a-half overtime pay. In many cases, that’s the last time the exempt versus nonexempt decision is ever reviewed for that employee. Not smart …

Break concerns get airing before California labor commissioner

10/01/2007

On Aug. 2, the California Labor Commission convened a public forum on the topic of meal and rest-break rules to address concerns from employees and employers that the current regulations create confusing and conflicting requirements …

Preparing for work: Pay depends on rules, employer benefit

10/01/2007

Do your employees have to put on special uniforms or equipment before beginning work? If the law or your company policy requires it, chances are the time spent getting in and out of the clothing or equipment should be paid time …