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Wages & Hours

Employee worked through break? You must pay

01/25/2012
Many employers automatically deduct meal period breaks from time worked to simplify wage-and-hour calculations. That’s fine, but you must make sure there is an easy way for employees who work through their meal breaks to report the additional paid time.

California Supreme Court clarifies administrative employee exemption

01/20/2012
The California Supreme Court has issued a long-awaited decision in a case addressing the “administrative/production worker” dichotomy in determining if an employee meets the requirements for the administrative employee exemption from overtime under the California Wage Orders.

Take 10: How to handle the California Labor Code mandate to provide midshift breaks

01/20/2012
California’s Labor Code requires employers to give covered em­­ployees a 10-minute break or rest period during each four-hour work period. Many em­­ployers have wondered how far they have to go to make sure employees take their breaks …

Set formal schedule for off-hours meetings

01/20/2012
California employees who report to work and then are sent home are generally entitled to at least a partial payment for that day. If you regularly have mandatory workplace meetings that fall outside some employees’ regular workday, consider scheduling those meetings for a specific time period. As the following case shows, that could save some money.

Indiana experiments with pay for performance

01/19/2012
Pressured to demonstrate that they’re responsible stewards of tax dollars, states have begun to experiment with variable pay for government employees. Indiana is pointing the way …

6 factors that determine independent contractor status

01/17/2012

Today’s tight economy has prompted many employers to try to reduce costs—including overtime—by classifying workers as independent contractors instead of employees. That hasn’t escaped the notice of the IRS and the U.S. Department of Labor, which have stepped up efforts to deter misclassification.

Paying women less, hoping for the best is recipe for Equal Pay Act disaster

01/12/2012
Ignoring an employee’s persistent complaints that she’s being paid less than her male counterparts may amount to a willful violation of the Equal Pay Act (EPA). And willful violations add a year onto the two years of back-pay liability.

Older worker pay maxed out? That’s not bias

01/12/2012
If your company has a top pay level for each job classification, you probably end up giving some older workers smaller raises than less-tenured employees. That’s fine as long as you can explain that the difference is because of your wage schedules, not age discrimination.

Help employees handle their federal income taxes

01/12/2012
Comp and benefits pros have three ways to make tax time easier on employees this spring. Work with your colleagues in payroll and accounting to publicize these conveniences—and protect workers from fraud.

When must lunch breaks be paid?

01/11/2012
Q. Our employee handbook says nonexempt retail em­­ployees can take an unpaid 30-minute lunch break. However, our store is often very busy and employees often take lunch breaks of only 10 to 15 minutes. Should employees be paid?