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Compensation & Benefits

Volunteers can sue for job discrimination

01/01/2007

You may believe that interns, volunteers or other unpaid helpers aren’t official “employees” so they can’t sue for discrimination. You’d be wrong …

Store managers can meet executive exemption without constant on-Site supervising of staff

01/01/2007

The U.S. Labor Department issued an important opinion letter recently that clarifies the criteria that store managers must meet to qualify for the executive exemption under the Fair Labor Standards Act. (Opinion Letter FLSA 2006-35) …

Overtime lawsuits rising: Don’t become the latest target

01/01/2007

The U.S. Labor Department revamped the FLSA regulations in 2004 to help employers and employees understand the rules better. But, so far, the HR world has only seen more overtime lawsuits, not less …

Can you convert all employees to nonexempt?

01/01/2007

Q. For years, we’ve always had salaried employees. But we have many employees who always come in late and leave early. This is hard to track. We are thinking of making them hourly employees and getting a time clock. If I make them all hourly employees, I know that I have to pay overtime, but it might be worth it. Can I legally change their status from exempt to hourly, or are some employees required to be salaried? —B.B., New York

Injured illegal immigrants entitled to lost wages

01/01/2007

Employers beware: If you hire an illegal immigrant and he or she is hurt at work, you may have to pay future lost wages based on the going rate in New York …

One-Time pay penalty can’t be challenged years later

01/01/2007

A temporary suspension without pay is a one-time event, and employees can’t use it as the basis of a lawsuit years later. Those who allege such a pay loss must file a complaint promptly; they can’t argue that later consequences open the door to a lawsuit again …

Even lost opportunity for overtime may be considered illegal retaliation

01/01/2007

After last year’s blockbuster U.S. Supreme Court decision that made it easier for employees to sue for workplace retaliation (Burlington Northern v. White), courts have been trying to figure out how to apply that ruling in real-life situations …

New Ruling May Help Limit Class-Action Cases in PA

01/01/2007

Attorneys looking to create extra trouble for employers have lost an important class-action ruling in Pennsylvania. Lawyers no longer will be able to file federal lawsuits and state lawsuits together in federal court …

Restaurant in Wayne accused of labor and wage violations

01/01/2007

Three former employees at a Chinese restaurant in Wayne filed a complaint with the National Labor Relations Board (NLRB) alleging unfair labor practices …

North Carolina Retaliatory Employment Discrimination Act

01/01/2007

The Retaliatory Employment Discrimination Act (REDA) is North Carolina’s super anti-discrimination law combining elements of several federal laws, including Title VII, the Fair Labor Standards Act, OSHA and USERRA. The Employment Discrimination Bureau in the state Department of Labor (www.nclabor.com/edb/edb.htm) enforces REDA …