Wages & Hours

Must we pay instructor for time between classes?

08/18/2011

Q. We operate a fitness club and employ many fitness class instructors. They have time between classes that ranges from 15 minutes to several hours. They are free to spend that time anyway they want, on or off premises. Do we have to pay them for the time between classes?

Know 6 factors that determine independent contractor status

08/11/2011

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 U.S. Department of Labor, which has stepped up efforts to deter misclassification.

No-raise promotions: A handy tool, but beware risks of ‘title fluffing’

08/11/2011

While salary budgets are up this year—merit raises are running near 3.0% compared with 2.7% in 2010—some still-skittish employers are more likely to dole out title raises rather than extra cash. The danger: Organizations may give gratuitous no-pay promotions instead of using the practice as a selective reward and retention strategy.

Better pay, longer hours? Beware pay bias suit

08/08/2011

Here’s a scary hypothetical: A female exempt employee comes into HR to complain about sex discrimination and pay bias. She tells you she works for a male supervisor; two men hold the same position she does. Her hourly rate based on a 40-hour workweek is higher than either of the men’s. But she argues that her supervisor makes her work longer hours. She says that’s pay discrimination. What do you tell her?

Interns aren’t just free labor: How to comply with the FLSA

08/08/2011

With job markets tight and employers shunning applicants with long, unexplained résumé gaps, the ambitious unemployed are opting for unpaid internships. On the surface, that looks like a win-win: The employer gets free labor in exchange for valuable training. The intern also builds skills and prevents big résumé holes. But before you get carried away by the prospect of marvelous production for virtually no cost, let’s have a reality check.

All together now: Teaching workers to ‘manage’ their bosses

08/02/2011

Pay-for-performance is effective only when managers spell out for each employee exactly what he or she must do to get paid more or reap perks like flexible scheduling. In reality, too few managers do that. They need to know supervision is a two-way street. Solution: Sometimes employees must “manage the boss.”

Worker lost $700: Can we make him pay it back?

08/02/2011

When an employee loses company property or money, what recourse do employers have to recoup their loss? It depends on the applicable state wage law … and on whether you believe the “loss” was really accidental.

Commission-based staff: Paid for training time?

08/01/2011

Q. We have medical providers at our clinic who are paid straight commission based on the number of patients treated and the treatment cost. Sometimes, they block time out of their schedules to attend training on laser techniques or continuing medical training for their licenses. I know that most employees must be paid for training time, but this is different. Do we have to pay them?

Employee or independent contractor? Actual working conditions dictate classification

07/29/2011

Employers sometimes think that if they hire “independent contractors,” they won’t have to worry about things like benefits, overtime and the like. But some make the mistake of assuming that merely because those workers sign contracts stating that they’re not employees, that’s enough. It’s not.

Must we pay for pre-shift talk?

07/26/2011

Q. Last week, we asked a nonexempt employee to come in 30 minutes before her regular start time to talk to her about a complaint that had come to our attention. Do we have to pay her for the time spent in discussions with management?