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Wages & Hours

Exempt or nonexempt: If you’re a nationwide employer, one size may not fit all

01/14/2011

If you’re a multistate employer, consider this when deciding which employees are exempt from overtime and which are not: It might seem sensible to create uniform job descriptions that apply nationwide, but that could cause unnecessary trouble. Smart employers give some flexibility so local supervisors can tailor jobs for the unique circumstances at each location.

New year rings in new Illinois wage-payment law

01/14/2011

Illinois employers face a new wage-payment law that significantly increases penalties for employers that fail to pay their workers properly. The Illinois Wage Payment and Collection Act allows employees who believe they have been stiffed by their employers to file class-action lawsuits …

New N.Y. ‘wage theft’ law imposes stiff penalties on employers

01/07/2011
The Wage Theft Prevention Act, a law designed to end what workers’ rights advocates term “wage theft,” takes effect April 12, but the time to plan is now. The new law has teeth. It expands the New York Department of Labor’s enforcement powers, and as much as quadruples penalties on employers that violate the law.

After worker complains of bias, beware even small job changes–such as less overtime

01/07/2011
Employees who complain about discrimination are protected from retaliation. Anything that would cause a reasonable employee to rethink the original complaint is fair game for a retaliation lawsuit, including such seemingly minor consequences like losing a few hours of overtime pay.

‘Wage theft’ law goes into effect April 12

01/07/2011
Employers will have to keep more records and regularly explain wage and pay details to their employees under a new law signed by Gov. David Paterson in December.

FLSA doesn’t cover claims for distress, punitive damages

01/07/2011

Employees who win Fair Labor Standards Act lawsuits over wage-and-hour violations can only collect damages based on concrete and real losses. They can’t collect emotional or punitive damages on top of other damages.

Exemptions change: Review duties each year

01/05/2011
As employees’ duties change, make sure you regularly update their job descriptions to reflect realities on the ground. Then use those job descriptions to see if they are still properly classified under the FLSA. Don’t rely on an analysis that’s even a couple of years old. As this case shows, even an analysis provided by the DOL isn’t safe.

Snow day pay: Can we dock for tardiness, no shows?

12/23/2010
Q. We dock hourly employees who arrive late for work, but not our exempt employees. There’s quite a bit of resentment about this policy, especially since over time our exempt employees have been extending the time it takes them to get to work during inclement weather. We know we can’t dock exempt employees if they make it in during snow days, but can we discipline them?

What should we do? We’ve been lax about breaks

12/21/2010
Q. I am the HR director for a large company. We recently realized that we have not been providing nonexempt employees with any breaks during the day (other than a lunch break). What should we do?

Lights, camera, contract! Actors unions weigh new agreement

12/21/2010
The Screen Actors Guild (SAG) and the American Federation of Television and Radio Artists (AFTRA) have announced that they recently reached a tentative agreement with the Alliance of Motion Picture and Television Producers, the largest Hollywood producers’ group.