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Wages & Hours

Checking e-mail after hours: Should we pay?

11/11/2010
Q. Several nonexempt employees have smartphones. Do we have to pay them for the time they check work e-mail at home?

Prepare for payroll confusion in new year unless Congress takes action

11/11/2010
Unless a lame duck Congress acts by Dec. 31 to keep some of the so-called “Bush tax cuts,” tax rates will increase on Jan. 1, 2011, as pre-2001 rates go back into effect. That’s bound to upset employees who will find themselves with less take-home pay.

HR after the mid-terms: What’s Washington going to do?

11/09/2010
Republicans captured control of the House of Representatives in the mid-term elections, while Democrats retained a slim majority in the Senate. With a Democrat in the White House and a divided Congress, what does that mean for the HR-related issues that have dominated the headlines for the last two years? Here’s our rundown of the likely legislative scenarios.

NYC dollar stores settle FLSA complaint

11/05/2010
The owners of 11 New York City dollar stores will pay more than $485,000 to settle complaints they violated the Fair Labor Standards Act by paying workers less than minimum wage, and failing to pay time-and-a-half for overtime hours.

Manhattan’s swank Del Posto restaurant sued for lost tips

11/05/2010
A group of 27 current and former employees at celebrity chef Mario Batali’s Del Posto restaurant are suing the restaurant because they say managers illegally skimmed tip-pool funds meant for service workers.

The HR I.Q. Test: November ’10

11/05/2010
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

5th Cir. Court of Appeals rejects DOL interpretation of guest worker minimum-wage requirement

11/01/2010
In a sign that some courts are flexing their muscles and resisting attempts by the U.S. Department of Labor to crack down on employers, the 5th Circuit Court of Appeals has rejected an effort to force employers to cover more guest worker costs.

Raises averaging 2.5%, forecast at 3.0% in 2011

11/01/2010
Raises for low performers are averaging 0.7% in 2010, while high performers are pulling in average raises of 3.7%, says a new WorldatWork survey of 2,500 employers. The survey forecasts higher raises in 2011.

3rd Circuit: Ledbetter Fair Pay Act doesn’t apply to failure-to-promote cases

10/29/2010
Here’s a bit of good news for employers worried about lawsuits that may crop up years after a faulty employment decision was made. The 3rd Circuit Court of Appeals has refused to expand the impact of the Lilly Ledbetter Fair Pay Act, which says that each paycheck that is lower than it should be because of a past discriminatory act can be the basis of a new lawsuit.

Fish farms net win in court: They’re not on the hook for FLSA overtime

10/26/2010

By law, the FLSA doesn’t apply to fishing activities when the work takes place on the water. However, the FLSA does cover work at fish-processing plants. That means that employees on fishing boats aren’t required to be paid overtime, while those who packaged the catch on land must. But what about fish farms?