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Wages & Hours

Some work at home doesn’t make commute paid

06/03/2011
Some hourly employees have begun to argue that if they begin the day with a few work emails, they should be paid for the time they spend commuting to work. Fortunately, a 2nd Circuit Court of Appeals panel has nixed that argument. Had the case gone the other way, employers could have faced huge bills for paid commuting time.

Cable installers will split $270,000 in back overtime pay

06/01/2011
Integral Devel­opment Solutions LLC, a Plano cable TV installation company, must pay $270,696 in back over­time to 114 workers it incorrectly classified as independent contractors instead of employees.

Interstate truck loaders aren’t entitled to overtime

06/01/2011
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Noncompliant gas stations better pump up pay

05/27/2011
New Jersey is one of two states in the country where motorists may not pump their own gas. Now the DOL has launched an investigation into whether those full-service pump jockeys are receiving their full pay.

N.J. women join gender-pay class action against Lockheed

05/27/2011
A federal judge has added two New Jersey women to a national class-­action lawsuit against defense contractor Lockheed Martin. The women claim they were put on slower career paths that provided fewer promotion possibilities and lower pay than men in comparable jobs.

Despite EPA’s gender-equity requirements, you do have discretion to set wide salary

05/27/2011

The Equal Pay Act requires employers to pay women and men equally for substantially equal work. Gender can’t be a salary factor. That doesn’t mean employers don’t have considerable flexibility when setting salaries. The fact is that dozens of reasons that have nothing to do with the applicant’s sex may jus­tify different pay scales.

Is it OK for supervisors and employees to use different methods for recording work hours?

05/27/2011
Q. Our nonsupervisory, hourly employees punch in using a time clock. Our supervisors write timecards. Is this dual method acceptable or could it lead to legal trouble?

Philly councilman wants restaurants to remit full tips

05/27/2011
Philadelphia Councilman Jim Kenney has a bone to pick with some city restaurants. When customers charge their meals, he claims the restaurants deduct from waiters’ tips the credit-card processing fees businesses must pay. Kenney has introduced a bill in the City Council to bar the practice.

Levies and garnishments: Tough questions

05/26/2011
Question: An employee who has child support withheld from his pay declared bankruptcy. We received a bankruptcy order that requires us to withhold $330 monthly. However, the Consumer Credit Protection Act says not more than 50% of an employee’s disposable pay can be withheld for child support. The bankruptcy trustee said that the 50% limit doesn’t apply, but this seems wrong to us. Who’s correct?

What are California’s rules on lactation breaks?

05/20/2011
Q. Are we required to give our employees additional rest breaks in order to express breast milk?