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Wages & Hours

‘Service charge’ or tip? Pay attention to local laws in addition to state and federal regs

10/15/2010

California employers may incorrectly assume that if they abide by the federal Fair Labor Standards Act (FLSA) and the California Labor Code, they have met their obligations to workers. That may not be true. Local municipalities can also regulate some aspects of wage-and-hour laws.

When class-action wage lawsuit looms, handle employee ‘opt-out’ phase with care

10/15/2010

Employees who think they have been misclassified as exempt under the Fair Labor Standards Act and the California Labor Code may sue on behalf of themselves and all similarly situated current and former employees. Generally, if the case is approved as a class-action lawsuit, those current and former employees will get a chance to opt into the lawsuit for the FLSA claims and opt out of the state case. How employers react can affect how the court handles the opt-out process.

When is it legal to round pay to nearest 15 minutes?

10/14/2010
Q. We have an hourly employee who consistently arrives late—about seven to 10 minutes each time. Can we cut her pay to the nearest quarter hour? We would, of course, pay her for staying later.

Business and tax provisions in the Small Business Jobs & Credit Act of 2010

10/13/2010

With the economy still struggling and lawmakers looking to take some sort of pro-business action before the November elections, Congress passed the Small Business Jobs Act in September, a $42 billion measure to provide tax breaks and loan assistance to small businesses. President Obama signed the bill on Sept. 27, 2010. Here are the highlights of this legislation that affect businesses:

Did child labor penalties just get tougher?

10/12/2010
Q. I heard that the U.S. Department of Labor recently implemented tougher penalties against employers that illegally employ child workers. How have these penalties changed?

What’s the new Illinois minimum wage?

10/12/2010
Q. We’re looking to hire a few new workers. What is the least amount we need to pay them?

Hyundai Ideal Electric faces pay bias suit

10/08/2010

The EEOC has filed suit against Hyundai Ideal Electric in Mansfield for allegedly firing a woman in retaliation for complaining about a pay disparity. Tabitha Wagner, a drafter, complained that she earned less than a similarly situated male drafter with less seniority. In the suit, Wagner claims she complained to HR Manager Jon Shearer on Nov. 11, 2008. Shearer terminated her the next day.

FMLA: What to do when worker refuses OT

10/08/2010
Some employees don’t like being told they have to put in OT, especially if they have medical conditions that make it difficult to work extended hours. However, you are within your rights to insist on overtime. Employees with a serious health condition that precludes working extra hours may have to go on intermittent FMLA leave.

Check time records when employee claims work injury

10/07/2010

Employers are responsible when their employees suffer injuries at work. But what about injuries that happen before the employee clocks in? A federal court has ruled under some circumstances, the employee isn’t eligible for disability benefits.

N.Y. court refuses to apply Ledbetter Act to pay disparities because of missed promotions

10/07/2010

When Congress passed the Lilly Ledbetter Fair Pay Act, it sought to guarantee women who had been denied equal pay in the past fresh opportunities to challenge their lower pay with each paycheck issued. Now a woman alleging sexual harassment and retaliation has tried to use that act to revive old claims relating to promotions. Her bid to expand the law in court failed.