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Wages & Hours

Appeals court: Walmart owes $188 million for unpaid work

06/23/2011
The Pennsylvania Superior Court has upheld a $188 million verdict against Walmart stores and Sam’s Club warehouse stores in a case involving 187,000 current and former employees. A jury had concluded that’s what the retailer owed employees for rest breaks that should have been paid and for off-the-clock work.

Telework before commute: Is drive time paid?

06/23/2011

Many employees spend time at home before or after their workday checking email. For nonexempt employees, that work could count as paid time if it amounts to a “substantial” amount of time. But now some hourly employees have begun to raise a related issue: If they start the day with a few work emails, shouldn’t they be paid for the time they spend commuting to work?

Majority of Americans say they’re paid fairly

06/17/2011
While you may be the one hearing the cries of the underpaid, a majority of American workers (60%) believe they are paid fairly, says a survey of 1,000 U.S. workers by HR consultant Kenexa.

Employee must prove class action is warranted

06/16/2011
Lately, California employers have faced a flood of class-action lawsuits claiming they misclassified employees. Now that tide might turn, thanks to a ruling by the 9th Circuit Court of Appeals.

Know the risks of DOL’s new time sheet app

06/16/2011
A few weeks ago, U.S. employees gained a powerful new tool to prove their wage-and-hour cases: the new “Timesheet” app for smartphones from the DOL’s Wage and Hour Divi­sion. Impact: Now employees may claim they have the most accurate time records! All the more incentive for you to accurately track actual hours worked—not just hours written on a time sheet.

Feds issue new tip credit pooling rules

06/15/2011
Employers are now free to set the percentage of employee tips that can be placed in a tip pool. In years past, several court decisions conflicted with the U.S. Department of Labor’s position restricting the amount of tips an employer could require to be pooled.

Thinking of stiffing illegal immigrant workers? Better be ready to defend huge class-action suit

06/15/2011
The fact that a worker is in this coun­try illegally does not mean he can’t file a Fair Labor Standards Act overtime lawsuit. What’s more, that case can turn into a class-action suit, representing all other similarly situated illegal workers.

Time to post Florida’s new minimum-wage poster

06/15/2011

No doubt, you already raised hourly pay for your minimum-wage employees. The new Florida rate took affect on June 1, 2011, and raised the minimum wage to $7.31 per hour. That’s just a few cents more than the federal rate of $7.25. But have you put up the new poster in a conspicuous place?

Build a bonus plan for an economy on the mend

06/14/2011

After two years of painful payroll reductions, some employers are considering pay raises. In many organizations, pay hikes will come in the form of variable compensation plans. Experts say these two tactics can help HR pros create variable pay plans that strike a balance between risk, reward and fiscal stability.

What are the details on new FLSA regulations?

06/10/2011
Q. I’ve heard there are new Fair Labor Standards Act regulations coming. When do the final regulations updating the FLSA become effective?