• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Wages & Hours

Keep exact timecards, or court will use worker’s estimate

08/13/2008
Here’s an incentive to make sure you account for every hour your nonexempt employees work: If an employee claims you didn’t pay her what you were supposed to, and you don’t have accurate time records, the court will calculate what you owe based on the number of hours the employee tells the court she worked …

O’Hare immigrant workers file back-Wages suit

08/13/2008
A group of temporary ground workers at Chicago’s O’Hare International Airport has filed an unpaid wages lawsuit against eight companies, including its employment agency, Ideal Staffing Solutions of Bensenville.  

Develop procedures for breaks that accommodate disabilities

08/12/2008
Sometimes, employees with disabilities may need additional breaks as reasonable accommodations. But you don’t have to leave the timing or duration of the breaks entirely to the employee. If you do, it will be hard to tell whether the employee is taking a legitimate and necessary accommodations break or simply taking advantage of additional freedom. And that can lead to litigation …

Judge finds Wal-Mart guilty of 2 million violations

08/12/2008
Wal-Mart’s class-action woes are reaching cosmic proportions. Dakota County District Judge Robert King Jr. in June found the mega-retailer guilty of 2 million violations of Minnesota labor law. At the rate of $1,000 per violation, that could add up to $2 billion in fines …

Can we withhold accrued vacation pay if employee doesn’t give two weeks’ notice?

08/12/2008
Q. Our company policy is to not pay an employee for unused vacation time if the employee resigns without giving the required two weeks’ notice. A former employee has challenged this policy and is threatening to take the company to court. Is this policy lawful? …

Document why new talent got higher pay than existing staff

08/11/2008
You can pay more for a new hire than you pay those who hold similar positions. Just make sure you document exactly why newcomers deserve a higher wage or more benefits. You can do that by showing the new hire has more experience, education or specialized knowledge, or that the candidate wouldn’t accept an offer unless the salary and benefits met or exceeded what he was making elsewhere …

You don’t have to pay all managers equally unless jobs are substantially similar

08/08/2008
Competing demands for talent mean some professional positions warrant higher paychecks than others. As the following case shows, the Equal Pay Act (EPA) doesn’t require all positions on the same line of the organizational chart to be paid the same …

Don’t forget attorneys’ fees when calculating potential cost of pay disputes

08/08/2008
When it comes to calculating the exact cost of failing to pay employees correctly, many employers forget to add in the winning employee’s attorneys’ fees. In many cases, it pays to settle such cases early on because the tab for the other side’s attorney can quickly grow very large …

Déjà Vu owners should have seen dancers’ FLSA claim coming

08/08/2008
A group of exotic dancers who worked at nine Déjà Vu nightclubs over the past three years are suing Lansing-based Déjà Vu Consulting and Durand-based Cin-Lan Inc. for back wages. The lawsuit claims Déjà Vu misclassifies its dancers as independent contractors, resulting in wages below the minimum wage …

‘Forgot’ to pay overtime? Ignorance of the law is no excuse

08/06/2008
Want to end up paying double or more the overtime you owe? Then ignore the Fair Labor Standards Act (FLSA) and New York labor laws. If you don’t pay what you owe in overtime—on time and accurately—you may end up paying double under the FLSA, going back three years; and 25% more than you owe, going back six years …