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Wages & Hours

Beware long suspensions, even with pay! They could be adverse employment actions

08/07/2009

Traditionally, a temporary suspension with full pay hasn’t been deemed an adverse employment action, mainly because courts want to give employers time to determine what an appropriate disciplinary action might be. But if the employer extends that suspension or turns it into a transfer to a no-duties position, courts may take that into consideration.

Any problem firing employee who wants her exempt classification changed?

08/07/2009

Q. We have an employee whom we have classified as exempt, but wants to be classified as nonexempt and earn overtime. Frankly, she’s become a pain about the whole thing. Can we just fire her?

Recession revisited: Is it time for cautious optimism on pay?

08/07/2009

As hard as this recession has been on everyone, it has forced organizations to look at how to spend compensation budgets more efficiently and more effectively. What has shaken out is a new system of pay raises and bonuses that rewards employees for doing top-notch work rather than for simply showing up for work. Here are five lessons compensation pros have learned during these hard times:

From across the pond: British firm pays for ‘Botox leave’

08/07/2009

So many employees of Fox Kalomaski were taking leave for “beauty treatments” that the London-based advertising agency added an extra paid day off—and execs there call it “Botox leave.” The day off happens in December, says the managing director, who speculates employees need time to “make sure they’re looking their best for the Christmas party photos.”

NYC car washers clean up with $4.7 million in OT settlements

08/06/2009

The parent corporation of several New York City area car washes has agreed to settle overtime claims from 1,187 current and former employees for $3.4 million. Coupled with a previous settlement with 200 workers for more than $1.3 million, Lage Management has paid out more than $4.7 million in back pay and liquidated damages.

Hiring independent contractor? Be prepared to document that he’s not an employee

08/06/2009

A recent federal court decision means you’ll now have to go the extra mile to prove that your worker is an independent contractor, not an employee. Advice: Take steps to document exactly why you believe someone is an independent contractor when you begin using his or her services.

Report blasts Austin’s construction safety record

08/04/2009

According to a critical report surveying the construction industry, 20% of Austin-area construction workers last year reported on-the-job injuries that required a trip to the doctor, and 20% of those employees said employers refused to pay their medical bills.

Lufkin ordered to pay $3 million in race bias suit

08/04/2009

A federal district court has ordered Lufkin Industries, the East Texas oilfield and industrial equipment manufacturer, to pay more than $3 million in back wages to a group of approximately 900 employees who claim they were victims of race discrimination.

How does the FLSA treat bonuses & overtime?

08/04/2009

Q. How do bonuses affect the overtime rate calculation under the Fair Labor Standards Act?

Lilly and Carlos: Questions and answers on the Ledbetter Act’s unintended consequences

08/04/2009

The Lilly Ledbetter Fair Pay Act was designed to ensure pay equity for women. It does a whole lot more than that! Learn how this landmark legislation affects all protected employee classes and could influence your employee benefits program.