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Wages & Hours

Do we have to grant paid leave for time an employee will spend testifying in court?

12/24/2008

Q. An employee has been subpoenaed to appear as a witness in a criminal case. Are we required to pay him for that time, or can we have him take vacation time or an unpaid leave of absence?

Must we pay for short smoking breaks?

12/18/2008

Q. Would a brief clock-out (initiated by the employee) of less than 20 minutes, such as an impromptu smoking break or personal phone call break, need to be paid as work time? The company accepts such impromptu clock-out breaks without prior supervisor approval.

Can we deduct personal leave for exempt worker’s partial-day absence?

12/18/2008

Q. Some of our supervisors make their exempt employees take personal or sick leave for every minute they miss from work, even if they work a regular schedule the rest of the week. Can we safely do that?

RIF or no RIF: 8 alternatives to consider before laying off staff

12/15/2008

If your organization isn’t already planning or implementing measures to cut labor costs, it may soon have to. News that the United States has been in a recession since December 2007 suggests that HR professionals should prepare to reduce the labor burden—if only as a contingency plan.

Courts taking critical look at prevailing-wage standards

12/11/2008

Are you in an industry affected by Illinois’ prevailing-wage laws? If so, note that the courts are beginning to recognize cracks in the way the Illinois Department of Labor sets those wages.

Half-staff calls for time-and-a-half?

12/11/2008

Forced to cut some 180 employees to make budget, the Department of Children and Family Services (DCFS) sent an e-mail requesting remaining employees to work overtime to manage its caseload. The union that represents DCFS staff called the idea “nonsensical” and refused the request.

Go ahead and settle overtime cases, but know what you’re buying when you do

12/09/2008

If an employee thinks he isn’t being properly paid for overtime, expect a lawsuit. You may be able to settle such a case—at a price. It will likely be expensive, covering attorneys’ fees as well as the lost wages. Plus, the court will carefully scrutinize the settlement to make sure it’s fair.

DOL gets free pass when suing employers for wage violations

12/09/2008

Employers, beware: The 11th Circuit Court of Appeals has just made it much easier for the DOL to file lawsuits against employers. All the DOL needs to do is file a complaint alleging unpaid wages.

The problem with working: having to do work

12/09/2008

Tired of working, but still need a paycheck? Keith Smith apparently found a solution to that age-old problem, if only temporarily.

Florida staffing company owes NY workers $113,000

12/09/2008

Star One Staffing, based in Coral Gables, has agreed to pay $113,000 in back wages and damages to 70 Filipino workers to settle charges brought by New York Attorney General Andrew Cuomo.