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Wages & Hours

Are there legal risks in capping salaries?

02/24/2009

Q. I have a question about capping employees’ salaries when they reach the top of the pay scale. I’m concerned because the only employees affected are those with many years of service and who happen to be over age 40. Have we made a legal error? Some of the affected employees are angry and have mentioned discrimination based on the residual effect of the cap?

Do gift cards count as taxable income?

02/24/2009

Q. We plan to give gasoline gift cards to employees as incentives for picking up additional shifts. Are these cards taxable? Can we, the employer, simply pay the employees’ portion of the taxes?

It’s time for a pay discrimination self-audit

02/19/2009

Is your company vulnerable to employees’ claims that they weren’t paid the right amount due to company policy or discrimination? Now’s a dangerous time to answer “yes” or “I don’t know.” Reason: A perfect storm of trends is prompting more U.S. workers to pursue their pay-related claims in court.

New Ohio minimum wage trumps upcoming fed increase

02/12/2009

By now, you have probably adjusted your payroll software and hourly wage information to reflect the new Ohio minimum wage of $7.30 per hour, which took effect Jan. 1.

Is it OK to pay hourly workers comp time instead of overtime?

02/12/2009

Q. Is it legal for my company to pay our hourly employees comp time instead of paying time-and-a-half for overtime worked?

Federal minimum wage to top Florida’s $7.21 on July 24

02/12/2009

By now, you have probably adjusted your payroll software and hourly wage information to reflect the new Florida minimum wage of $7.21 per hour, which was effective on Jan. 1 …

What’s the hourly rate for family member caring for employee out on workers’ comp?

02/12/2009

Q. One of our employees was injured at work and is now receiving workers’ compensation benefits and leave. One of his family members provides attendant care for him. What hourly rate of pay should this family member receive for her services?

Corporatewide pay policies reduce class-action risk

02/12/2009

It’s one thing to have to pay a wage-and-hour claim for one or two employees. It’s quite another to have to defend a giant class-action overtime suit. One way to cut the risk that a minor problem will morph into a huge lawsuit is to enforce clear overtime rules.

What should we do? Returning employee wants full-time work, we want part time

02/12/2009

Q. When an employee requested a reduced schedule as an accommodation of his medical condition, we agreed. He has now told us that he is able to work full time. However, because of business conditions, we’d prefer to keep him at a reduced schedule. Do we have to reinstate him to his full-time job?

Feel free to set different pay rates, but prepare to document business reasons why

02/12/2009

Pay discrimination has received lots of attention lately, especially since the Lilly Ledbetter Fair Pay Act became law in January. Employees now have longer to sue over pay disparity.