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Wages & Hours

Can we prohibit salary talk?

03/09/2009

Q. As an alternative to layoffs, our company has cut employee wages. We decided to do that instead of reducing their hours. While the employees have agreed to this (hopefully) temporary measure, supervisors have received reports that workers have been discussing their new wages and salaries with one another. Our executives want to direct all employees not to discuss their wages and salary information with others. Is it legal to enforce such a rule?

It’s up to you to establish exempt status

03/06/2009

To avoid paying overtime and keeping track of every minute employees spend on the job, many employers reflexively classify employees as exempt rather than hourly employees. But many employers get it wrong—and that can be costly.

Study cites New York as a hotbed of wage-and-hour claims

03/06/2009

A recent report offers some ominous news for New York employers. New York is one of eight states that saw an increase in class-action wage-and-hour cases filed in state court last year, according to the Seyfarth Shaw law firm’s new Workplace Class Action Litigation Report.

Shared Work Program helps workers cover reduced hours

03/06/2009

The state Labor Department wants you to know there is an alternative to cutting staff during the downturn. Employers that reduce work hours for full-time employees instead of laying them off may qualify for the Shared Work Program.

Keep hiring documents to guard against discrimination claims

03/06/2009

Now that Congress has enacted the Lilly Ledbetter Fair Pay Act, it is more important than ever for employers to keep applications and other supporting documents as proof that they set wages fairly and without regard to gender.

Must we pay overtime to telemarketers?

03/06/2009

Q. Historically, we do not pay overtime to our commissioned telemarketers. After all, they are paid strictly on commission, not by the hour. Some employees are now complaining that we are paying them illegally by not paying overtime for weeks in which they work more than 40 hours. Are they right?

Handling Unemployment Claims the Legal Way

03/04/2009
Under the Federal Unemployment Tax Act (FUTA) and state laws, employers are obligated to pay payroll taxes to provide unemployment compensation to employees who lose their jobs. FUTA sets the federal tax rate, while the state tax rate varies by state. By understanding how the system works, you may be able to cut your state […]

Study cites Texas as a hotbed of wage-and-hour claims

03/03/2009

A recent report offers some ominous news for Texas employers. Texas is one of eight states that saw an increase in class-action wage-and-hour cases filed in state court last year, according to the Seyfarth Shaw law firm’s new Workplace Class Action Litigation Report.

‘Will work for less!’ Be wary of reduced-comp pleas from desperate employees

02/26/2009

In this brutal economy, desperate applicants—and current workers who believe they may be laid off soon—are trying an interesting tactic: They’re volunteering to work for less pay … sometimes much less. A new court ruling shows why you should take those offers seriously.

Worth your while: Proactive review of wage-and-hour issues

02/26/2009

Nothing—not even a sexual harassment suit or EEOC investigation—will consume as much of your time as a class-action overtime lawsuit. Your best bet: Thoroughly review your pay practices to make sure you aren’t making any wage-and-hour mistakes. Do that before the litigation hits.