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Wages & Hours

It’s legit: Use differences in location and responsibilities to justify variable pay scales

05/11/2011

Here’s something to consider when setting pay rates for jobs in different locations and with slightly different responsibilities: Under the Equal Pay Act, employers can set different salaries based on geographically distinct job locations.

Use tip credit for some pay? Beware requiring ‘substantial’ work that doesn’t generate tips

05/11/2011
Employers must be careful not to give tipped employees too many additional duties to complete before, during or after their tip-generating activities. If more than about 20% of their time is spent on such activities, you may have to pay them the full minimum wage for those hours, regardless of how much they earn in tips during the shift.

IRS ramps up HIRE correspondence audits

05/11/2011
You knew it was going to happen. With so much revenue at stake, the IRS has begun correspondence audits of employers that claimed the 6.2% Social Secur­ity credit against wages paid to new hires under the 2010 Hiring Incentives to Restore Employment (HIRE) Act.

DOL dogs animal hospital to make good on OT violations

05/06/2011
Pleasant Run-based Hamilton Avenue Animal Hospital faces a wage-and-hour lawsuit after a U.S. Department of Labor investigation found the owners forced employees to pay back overtime they had received.

N.Y. offers tools for Wage Theft Prevention Act compliance

05/04/2011
The New York State Department of Labor has issued notification templates New York employers can use to comply with the state’s new Wage Theft Prevention Act. The law, which went into effect April 9, requires employers to provide every employee with a statement detailing the following information:

Mexican food: Sure it’s nice, but is it art?

05/04/2011
The owners of a restaurant, apparently attempting to capitalize on the growing popularity of cooking as art, have lost their argument that a cook is exempt from overtime under the Fair Labor Standards Act.

The gender pay gap: 10 worst industries for women

05/04/2011
A new study by online content provider 24/7 Wall Street says the insurance/financial sector shows the biggest disparity in weekly earnings among males ($1,324 average) versus females ($872). The other industries showing the biggest pay gaps are:

Dallas company stiffed workers, now will pay back overtime

05/03/2011
A staffing company that provides workers for major hotels in the Dallas-Fort Worth area has agreed to pay more than $242,000 to employees after a U.S. Department of Labor investigation uncovered Fair Labor Standards Act violations.

Is it legal to offer comp time?

04/28/2011
Q. Some of our full-time, salaried employees have to put in a lot of extra time for off-hours meetings and additional workload responsibilities. Is it legal to give these employees extra time off from work?

L.A. employee unions sue over 2010 furloughs

04/20/2011
The International Union of Operating Engineers and Local 721 of the Serv­ice Employees International Union are suing the city of Los Angeles in the wake of last summer’s mandatory furlough of thousands of municipal employees.