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Wages & Hours

Coincidence–not conspiracy–explains wage decrease

12/21/2010
When the California Legislature reinstated rules requiring overtime pay for work in excess of eight hours per day back in 1999, some employers thought their labor budgets would skyrocket. Some hospitals found ways to reduce OT costs, either by eliminating 12-hour shifts altogether or simply reducing the hourly pay for those nurses that worked the extended shifts. After more than a decade, a lawsuit over the reductions has been decided.

Disabled worker can’t do OT: Can we lay her off?

12/16/2010
Q. We’ve been accommodating a disabled employee by letting her skip overtime. Her doctor says she needs extra sleep. But now we need to lay off several employees and start requiring mandatory overtime. Can we terminate those employees who can’t do overtime? That would include the disabled employee.

DOL teams up with private lawyers to encourage FMLA, FLSA lawsuits

12/14/2010
The DOL has unveiled a first-of-its-kind arrangement: an attorney-referral partnership with the American Bar Association to help more employees file FMLA and FLSA lawsuits. Find details on this new program, as well as links to HR Specialist resources that can keep you from becoming a target of this looming legal dragnet.

11 for ’11: Big trends shaping comp & benefits

12/13/2010
Pay-for-performance and higher employee health care contributions look like they’ll remain fixtures of the post-recession comp and benefits landscape. Here are 11 other trends that could take a firm hold in 2011:

St. Louis Metro workers settle pre-, post-work OT suit

12/09/2010
Reservation clerks and dispatchers for the St. Louis Metro mass transit system have settled an overtime dispute for $175,000. The money will be split among approximately 100 workers. The St. Louis Metro serves the city and suburbs in Missouri and Illinois.

How should we tally overtime pay when employees earn different amounts at different times?

12/09/2010
Q. We have employees who work on-call and often accrue overtime hours. They receive a different amount of pay for on-call work than regularly scheduled work time. How do we calculate their regular rate of pay for overtime purposes?

When setting pay and bonus plans, take both federal and Minnesota laws into account

12/09/2010

A recent state Supreme Court decision highlights one of the unique problems facing employers: While a pay practice may be valid under state law, it may be illegal under federal law. To ensure they’re in full compliance, employers must be prepared to change their pay practices to conform with the most restrictive law.

It takes just a handful of workers to make a class action

12/06/2010
It’s every employer’s nightmare: A disgruntled former employee files a lawsuit alleging you didn’t pay overtime. Then he asks to turn it into a class action, representing other employees. Now a claim worth a few hundred dollars has turned into a major lawsuit.

Review duties, update job descriptions yearly to ensure employees are properly classified

12/02/2010

As job duties change, evolve or grow, make sure you regularly review employee responsibilities, update job descriptions to reflect the reality on the ground and determine if the job is properly classified as exempt or nonexempt. Don’t rely on an analysis that’s even a couple of years old—or even an analysis provided by the DOL itself.

Travel time pay–Your questions answered

11/30/2010

Must you pay hourly employees for … a cab to the airport? … a drive to a second work site? … a flight to a conference? Here is an analysis of these challenges, using a case study for each question.