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Wages & Hours

What are the legal risks of not paying interns?

06/09/2010
Q. For years, we have used student interns during the summer months. Because they are interns, we do not pay for their services. Is this legal?

Longer workday gives 2 weeks off for Solix employees

06/04/2010

About half of the 400 employees at the Parsippany, N.J., headquarters of outsourcing firm Solix don’t report for work for two weeks around the December holidays—but the other half do. Members of a work group that specializes in business processes for schools and libraries mirrors the schedule of its clients, which typically are closed for the holidays.

How should we handle tip calculations that factor out credit card fees?

06/02/2010
Q. Our employees receive tips, and we take advantage of the tip credit toward the minimum wage. In the past, we have paid employees the full tip amount on credit card charges, even though we have to pay a percentage fee to the credit card company. It doesn’t seem fair that we should have to pay money that we don’t really receive. How may we resolve this fairly and legally?

When commuting time varies, do we have to pay for trips in excess of ‘normal’?

06/02/2010
Q. Our maintenance employees drive company vehicles and keep them overnight. The employees are responsible for servicing a number of stores. Some days, they report to our warehouse to pick up parts before going to their first location. On other days, they report directly to a work site … Do we have to pay them for any time in excess of their normal commuting time to the warehouse?

If we fire dishonest employee, can he collect unemployment comp and vacation pay?

06/02/2010
Q. We have an employee who recently submitted an expense report for more than $1,300 for an extended business trip. We accidentally reimbursed him twice. He did not report the double payment and we did not learn of the mistake until an internal audit two months later. Our company policy prohibits dishonesty and we want to fire the worker for violating this rule. Will he be able to collect unemployment benefits? May we withhold the vacation pay that is due to him under our policy, which would just about make us whole?

Set equitable system for assigning overtime–it’s an essential defense against bias claims

05/28/2010
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.

Time clocks: What’s the law on rounding up, down?

05/28/2010
Q. Our time-clock software allows for a five-minute grace period at the start and end of each shift. For example, if the employee’s designated start time is 8:00 a.m. and the employee clocks in at either 7:56 a.m. or 8:04 a.m., the actual start time will be logged as 8:00 a.m. for pay purposes. Is this OK?

High salaries raise eyebrows in Tacoma, Wash.

05/27/2010

Pierce County, Wash., officials say they’re just trying to stave off private-sector competition for county employees by paying 12% of its workers more than $100,000 a year. That explanation isn’t sitting well with some citizens. The local newspaper recently revealed that the number of employees earning six figures jumped 70% last year. That created backlash from taxpayers and some local officials.

Is it legal to dock pay for break tardiness?

05/26/2010
Q. We give employees the choice of using two 10-minute breaks each day or combining them into one 20-minute lunch break. The employees are required to punch out and in for these breaks. We also have a policy that docks employees 15 minutes if they’re four or more minutes late returning from a break. Is this legal?

Raceway Petroleum to pay $4 million in back wages

05/26/2010
The DOL’s Wage and Hour Division has obtained a $3.9 million judgment against Raceway Petroleum. The money will compensate 700 current and former employees whose wages were affected by Raceway’s violations of the Fair Labor Standards Act. Raceway’s owner will pay a $100,000 fine in addition to the wages.