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Wages & Hours

Partner or employee? Degree of control matters

08/25/2010
If yours is a business engaged in professional practices like law, medicine or accounting, your organization may have partners or shareholders who receive paychecks. Know that such shareholders probably can’t sue for discriminatory practices under Title VII and other anti-discrimination and employment laws.

Have lawyer review California wage statements

08/23/2010

California is a great state—for employees who want to sue their employers. Even the wage statements employees get with their paychecks can lead to lawsuits. Advice: Have your attorney take a look at those pay stubs to make sure they comply with California wage-and-hour laws.

What are the new regulations on paying for time employees spend changing clothes?

08/18/2010
Q. How has the recent DOL interpretation letter addressed an employer’s obligation to pay employees for time spent changing clothes?

Military leave starts Tuesday: Pay for full week?

08/18/2010
Q. One of our exempt employees is in the Reserve. He is going on a two-week training session that starts on a Tuesday. That means he will work on Monday, the start of our week. Do we have to pay him for the whole week when he is only going to be here Monday?

Can we terminate an employee who has been discussing how much he gets paid?

08/12/2010
Q. Our company has a confidentiality policy about employee wages. We recently learned that one of our employees has been violating this policy by disclosing his hourly pay rate to co-workers. Can we terminate this employee for violating our company policy?

Unpaid interns teach some employers a costly lesson

08/12/2010

For employers and job-seekers alike, unpaid internships seem like an attractive option. But internships come with risks. Before you begin taking on interns, do a thoughtful and careful analysis to make sure state and federal law allows you to classify an individual as an unpaid intern rather than a paid employee.

Must we pay workers who have been suspended?

08/06/2010
Q. We recently sent an employee home for not following his supervisor’s instructions. Do we have an obligation to pay him for the full day regardless? How should we handle this situation in the future? Is this considered administrative leave?

Must breastfeeding breaks be ‘paid’ time?

08/05/2010
Q. We have an employee who will be returning from maternity leave next month. I read that the new law requires us to provide time for her to pump milk. Do we have to pay her for those breaks?

How to comply with new lactation break and facility rules

07/23/2010
Hidden deep within the recently enacted health care reform legislation is a provision that garnered neither debate nor controversy in the media or the halls of Congress. The law amends the FLSA to require large employers to provide lactation breaks and facilities for employees who are breastfeeding.

Can we discipline exempt workers for attendance?

07/22/2010
Q. We require all employees to be in by 9 a.m. One of our exempt employees is constantly late. Can we discipline exempt employees for poor attendance?