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Wages & Hours

Staples settles overtime suit for $38 million

01/01/2008

Staples Inc., the office supply retailer, announced that it will pay $38 million to settle overtime claims brought by California employees. The settlement ended a suit between 1,700 operations and sales managers in California who claimed they were misclassified as exempt executive employees under state law …

Clocking in and out: Can we round up or down?

01/01/2008

Q. My company tracks the hours of nonexempt employees through the use of a time clock. In determining the wages to be paid an employee, can we round up or down to the nearest five-minute increment? …

FLSA—Not state law—Provides remedy for W&H violations

01/01/2008

Lawyers representing employees in class-action wage-and-hour cases often look for ways to boost the amount of damages they can collect. One of the most common ways to do that: Bring in a host of state laws to set the employer’s punishment. That won’t work any longer in North Carolina and other Mid-Atlantic states. The 4th Circuit Court of Appeals has rejected the tactic …

Class-Action status granted for disgruntled immigrant workers

01/01/2008

A Mexican woman has been granted permission to serve as the lead plaintiff in a class-action lawsuit against a company that recruits and places temporary agricultural workers on farms and other agricultural operations in North Carolina and other states. The woman claims that International Labor Management Corporation purposely placed women in less lucrative temporary visa programs than men …

Must we allow employee smoking breaks?

01/01/2008

Q. We have a number of employees who smoke cigarettes and want to take breaks in order to light up. Is an employee entitled to smoking breaks during the workday? …

Indianapolis company accused of breaking Muslim sharia law

01/01/2008

HDG Mansur, a multinational property company based in Indianapolis, is poised to launch the first global real estate investment fund compliant with Islamic sharia law. But the firm has drawn complaints from a U.S. imam, Indiana clergy and unions …

Talk about getting ‘Scrooged’

01/01/2008

Shortly after South Bend Plastics of Mishawaka sold its injection molding facility in Alabama to a Muscle Shoals, AL, man, the general manager was fired and paychecks began to bounce …

Aside from normal overtime, is there such a thing as mandatory holiday pay?

01/01/2008

Q. Our business has recently started staying open on certain national holidays, including Thanksgiving and New Year’s Day. One of our employees was adamant that he was entitled to “holiday pay” for the time he worked on Thanksgiving, which he maintained was equal to 150% of his normal wage, even though he was not entitled to overtime that week. Do we have to pay a premium wage to employees who work on a federal holiday? …

Can managers make changes on time sheets?

01/01/2008
Q. Is it illegal for managers to change the time sheets of employees—either exempt or nonexempt—if they neglect to indicate a day off, etc.?

IRS Revenue Ruling 87-41

12/30/2007
Rev. Rul. 87-41 1987-1 C.B. 296. Internal Revenue Service Revenue Ruling EMPLOYMENT STATUS UNDER SECTION 530(D) OF THE REVENUE ACT OF 1978 Published: 1987 Section 3121.-Definitions, 26 CFR 31.3121(d)-1: Who are employees. (Also Sections 3306, 3401; 31.3306(i)-1, 31.3401(c)-1.)   Employment status under section 530(d) of the Revenue Act of 1978. Guidelines are set forth for determining […]