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Wages & Hours

Turnabout is fair pay: EEOC broke overtime law

04/22/2009

An arbitrator has ruled that the EEOC willfully violated the Fair Labor Standards Act by forcing employees to take comp time instead of overtime pay when they worked more than 40 hours a week. The EEOC will be liable for back pay, plus liquidated damages that so far haven’t been determined.

Vacation, PTO and unexpected Saturday work: How should we pay?

04/22/2009

Q. We have a nonexempt salaried employee who normally works Monday through Friday. We pay her biweekly. She took a weeklong vacation, which normally would come out of her paid time off (PTO) bank. We had a customer emergency and called her into work on the Saturday of her vacation week. How should we pay her? …

Have attorney draft class-action waiver so it’s enforceable in court

04/17/2009

Employers naturally want to stay out of court. That’s one reason so many organizations have their employees agree to arbitrate claims rather than take them to federal or state court. But if those arbitration agreements aren’t carefully worded, they may be useless.

Owner can be personally liable for FLSA violations

04/17/2009

Here’s an important reminder for small companies and their owners: Don’t think that owners aren’t personally liable for wage-and-hour violations simply because they run their operations through a corporation or limited liability company. As the following case shows, employees can personally sue hands-on owners.

Furlough days switched from scheduled to floating days

04/17/2009

On March 6, the state announced that, with the enactment of the 2009 state budget, mandatory furloughs previously imposed on state employees will change to floating furlough days.

What are the ‘seventh-day’ requirements for paying part-time employees?

04/17/2009

Q. If an employee works four-hour shifts for seven consecutive days, are we required to pay him time-and-a-half for the seventh day? Is it even lawful for us to require him to work seven consecutive days?

DOL to ‘refocus’ on enforcement; add 33% more investigators

04/17/2009

Employers, beware: U.S. Department of Labor Secretary Hilda Solis is promising to “refocus the agency on its enforcement responsibilities” in the coming months. The proof: DOL is adding 250 new field investigators—a staff increase of more than a third—to look into noncompliance on wage-and-hour issues.

The impact of partial-day absences on exempt status

04/17/2009

Q. We have a policy that allows exempt employees to take partial days off and have the balance of the day charged against their accrued vacation time in two-hour increments. I have concerns that this arrangement—despite the fact the exempt employees are getting their full salaries—could appear that they’re being treated as hourly employees, thus jeopardizing their FLSA exemption status.

Can we pay hourly staff comp time instead of OT?

04/17/2009

Q. I’ve heard conflicting answers: Is it legal for our company to pay our hourly employees comp time instead of paying time-and-a-half for overtime worked?

When making exempt/nonexempt call, actual duties trump résumé or job description

04/14/2009

Don’t rely on old job descriptions or résumés to prove you have properly classified an employee as exempt from overtime. Instead, make sure employees’ job descriptions actually reflect the day-to-day work they’re performing. Little else counts.