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Wages & Hours

Retain notes on salary negotiations to protect against pay discrimination claims

06/08/2009

We all understand that in a free-market system, it sometimes takes extra money to induce an applicant to leave one job for another. That’s all part of the hiring dance. But sometimes the end result is that an existing employee ends up earning less than a new employee who holds the same or a similar job and may sue for discrimination.

Supreme Court decides Hulteen pregnancy discrimination case

06/08/2009

Claims of pregnancy discrimination have gained attention again with the U.S. Supreme Court’s recent decision in AT&T Corp. v. Hulteen. In light of the decision, now is the time to conduct an audit of your practices, policies and plans to make sure they comply with the  Pregnancy Discrimination Act ’s requirements.

Labor Department seeks more funds to boost enforcement

06/08/2009

U.S. Secretary of Labor Hilda Solis’ budget request to Congress includes funds to hire nearly 1,000 new employees, 670 of whom will be investigators. The plan calls for 200 more wage-and-hour Labor investigators and 160 additional OSHA gumshoes.

Control costs with furlough strategy that’s flexible, fair

06/05/2009

If your organization is limping through the economic downturn, you’ve no doubt considered cutting down your labor burden to save money. Before you resort to radical surgery—in the form of layoffs—consider a more benign cure that increases the odds of a full recovery. Furloughs—requiring staff to take unpaid time off—can reduce payroll costs without inflicting long-term damage.

Feds to lure college grads

06/05/2009

President Obama has said he wants to “make government cool again.” His latest attempt: The federal government’s HR directors are studying a plan to boost the starting pay of college grads by a cool $8,000 a year—to $41,210.

Lawsuits on the rise: Audit your policies to prevent litigation

06/05/2009

The economy is a shambles, and employers are doing everything they can to stay in business. That includes terminations, salary and wage cuts and temporary furloughs. Nearly every one of those moves carries litigation risk. Have your company’s personnel policies and practices had a checkup lately? A comprehensive audit is one of the easiest ways to spot problems.

Beware incentive plans that deduct pay from exempt employees

06/05/2009

The FLSA sets strict rules for who can be classified as an exempt employee not entitled to overtime pay. One of those is the so-called salary-basis test. Exempt employees must be paid the same salary regardless of the quality or quantity of their work in any given pay period. In other words, employers can’t make deductions from pay for poor work.

Government employers can limit when employees take flextime

06/05/2009

Some government employers let employees arrange their schedules to allow flexible hours. Changing those terms in a union environment may be an unfair labor practice. However, in one recent case, an Ohio appeals court upheld such a change because the union contract didn’t address the practice.

Can we make employees pay for work uniforms?

06/05/2009

Q. Are there any laws that prohibit me from charging my employees for their mandatory work uniforms?

May we ask employees to ‘volunteer’ their time?

06/05/2009

Q. We are considering asking our employees to donate some time back to the company as a way to save costs and avoid having to lay off anyone. By “donate time” I mean working one or more hours per week without pay. Is this legal?