A controversial study of employment practices in the New York City region, Chicago and Los Angeles has found that employers routinely stiff low-paid workers, breaking wage-and-hour laws and illegally thwarting union organizing efforts.
Q. Do we have to pay employees for the time they spend changing into their uniforms before work and out of their uniforms afterward? We’re a hospital and our operating-room personnel must change clothes.
A California Division of Labor Standards Enforcement opinion letter has given the green light to an increasingly common employment practice in today’s fragile economy: Cutting exempt employees’ normal workweeks and then paying them proportionately less.
A new Watson Wyatt survey says 44% of employers plan to reverse pay cuts made during the recession. That’s up from 30% in June. Also, about one-third of employers plan to unfreeze salaries, up from 17%.
When is your most diligent worker also your biggest lawsuit risk?Answer: When that nonexempt employee works through his or her lunch break or during other off-the-clock hours—a fact nobody realizes (or turns a blind eye to) until he or she sues for unpaid overtime.
Q. One of our full-time hourly employees has started a cleaning business on the side. We pay her a set amount for cleaning the offices on the weekend. Since this is an entirely different position, can we pay her as a 1099 independent contractor for the cleaning work if she’s also a full-time employee?
It sometimes takes extra money to entice an applicant to jump ship. That’s all part of the hiring dance. But there’s a hidden peril that could land you in court—and cost you thousands. Learn the best practices that will help you defend yourself.
Employees who discover their colleagues are making more money for doing the same work often conclude that there can be only one reason—discrimination. Next stop: the office of an attorney, who will try to confirm the pay bias by comparing the disgruntled employee’s protected class status to those earning more.
Q. Several of our hourly employees have requested access to their office e-mail from their iPhones, BlackBerrys and other similar devices. We are inclined to allow this access, but want the employees who receive access to sign express waivers to the effect that they will not be “on-the-clock” while doing so. Can we legally require such a waiver?