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Wages & Hours

Create a fair and consistent system for dishing out overtime hours

07/05/2010
Do you have a system that allows all employees in the same job category an equal shot at earning overtime pay? If not, consider setting up a fair system for distributing that extra work. Otherwise, you may find yourself facing a discrimination lawsuit.

Looking for ‘creative’ ways to avoid overtime? Courts will look for ways to make you pay

07/02/2010

Before you are tempted to come up with clever ways to avoid paying overtime to employees, consider this: It’s usually easy for courts to see through such ruses. And after they discover shenanigans, courts usually reward the wronged employee with a bonus payment equal to the lost overtime wages—plus the employer has to pay the legal fees.

Bank of America workers sue for overtime

06/28/2010
Workers at Charlotte-based Bank of America’s retail branches and call centers in five states have filed a lawsuit claiming they are due unpaid overtime from the banking giant.

Good job descriptions explain pay differences

06/28/2010

Always prepare accurate job descriptions for each position. That way, if an employee challenges pay differences, you will be ready to show that jobs and duties that sound similar at first blush aren’t really comparable. That can come in handy if an employee claims some form of discrimination based on race or other protected characteristic.

Rutgers staffers mull suit over pay freezes

06/28/2010

Last year, Rutgers University asked for a wage freeze for its 13,000 employees in exchange for not cutting any positions. This year, the state Legislature cut aid to the university by 15%. Faculty and staff bargaining units are threatening to sue because they voluntarily agreed to the wage freezes last year with the understanding they would receive them this year.


N.J. school teachers accept lower raises

06/28/2010
New Jersey public school teachers are accepting smaller raises in the wake of the ailing economy and state aid cuts. Thirty-three new collective-bargaining agreements resulted in an average 3.35% pay increase for teachers, down from 4.35% in 2009.

Workers ‘illegal’? You still have to pay them correctly

06/28/2010
Employers can’t use an employee’s undocumented status as an excuse for not paying minimum wage or overtime under the Fair Labor Standards Act, as the following case shows.

How should we calculate OT when paying bonuses based on previous performance?

06/24/2010
Q. Our company pays monthly bonuses to hourly employees based on the previous month’s performance. When calculating overtime, should the bonus pay be included only for the weekly payroll that contains those bonuses, or does it change the overtime rate for other weekly pay periods as well?

Security check winds up costing Polo $4 million

06/21/2010
Former employees of Polo Ralph Lauren’s California stores have agreed to settle a wage-and-hour class action lawsuit for $4 million. The workers claimed store managers violated California’s labor laws by failing to pay them for time spent while they were locked in the store for 10 to 15 minutes at the end of each shift during security checks.

California Supreme Court redefines ’employer’

06/18/2010
The California Supreme Court has ruled that California law on who is or is not an employee goes beyond the definition contained in the federal Fair Labor Standards Act and includes a broader measure of who is an employer.