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Wages & Hours

Selling flex to management? Focus on benefits beyond HR

10/03/2008

If you want support from the C-suite for work/life benefits, tout flexible schedules and telework as tools that do more than aid recruiting and retention. In a recent survey, CFOs said that for flexibility to succeed, organizations have to perceive it as more than an employee perk.

Gristede’s finds you can’t have it both ways on FLSA

10/01/2008

A class of more than 400 current and former managers at Gristede’s grocery stores won summary judgment in federal court on claims that the New York City chain violated the FLSA by treating them as both salaried and hourly employees …

How to manage (and explain) pay-for-performance plans

09/25/2008

Difficult times call for compensation professionals to make difficult decisions. If your average raise is 3.8% and you give it to everyone, your stars are going to look for a bigger bite somewhere else. In fact, they already are. To retain your top talent, you’re going to have to give them bigger-than-average raises …

Feds: Record number of businesses ignore payroll taxes

09/25/2008

The number of employers with substantial payroll tax debts has ballooned in the past decade. About 1.6 million businesses failed to send taxes to the IRS regarding employees’ wages and FICA taxes, and that totals about $58 billion in unpaid taxes …

Company owes back wages after misclassifying traveling workers

09/24/2008

The Pennsylvania Department of Labor (DOL) has ordered Lebanon-based Pennsylvania Counseling Services (PCS) to pay $196,477 in back wages to 203 mobile employees who were improperly classified as exempt from overtime …

Portlock Maintenance Systems workers got a bum deal

09/24/2008

An investigation by the New York State Department of Labor (NYSDOL) revealed that restroom attendants at numerous state fairs in western New York, New Jersey and Connecticut were not only unpaid, but were forced to give 50% of their tips to their employer, Easton-based Portlock Maintenance Systems …

Is it OK to exclude vacation pay when figuring base rate for overtime?

09/24/2008

Q. When we are figuring employees’ base pay for overtime calculations, can we exclude their vacation pay?

Hours equity: The next frontier of wage and hour lawsuits?

09/23/2008

A class-action lawsuit by 15,000 Indiana state government employees has gone forward to determine whether several state agencies and institutions paid workers unequally by allowing some to work 37.5-hour weeks while others had to work 40-hour weeks …

Apprentice forms and paycheck deductions

09/23/2008

Q. One of the positions in our manufacturing company has a formal apprenticeship program. To stay accredited, we must submit monthly reports showing the number of classroom training hours in which each apprentice participates. Submission of these forms is mandatory, and yet every month there are always some apprentices (for whatever reason) who fail to submit their forms. Can we withhold a portion of an apprentice’s paycheck at the end of the month until we receive the training reports? …

‘Employee’ misclassified? Refer to IRS to recover SS taxes

09/22/2008

Employees have to pay 7.65% of their wages in Social Security taxes, while employers pay a matching 7.65%. Independent contractors have to pay the entire 15.3% themselves. But what happens if an independent contractor is misclassified and should really be an employee? Can the individual sue her putative “employer” for the 7.65% the company should have paid? …