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Wages & Hours

No time for WARN notice? You can continue paying instead

12/01/2007

Congress passed the Worker Adjustment and Retraining Notification Act (WARN) to give employees time to adjust to an imminent plant shutdown and prepare for unemployment. Covered employers are required to give employees 60 days’ notice before shutting down operations. Good news: The 4th Circuit Court of Appeals has ruled that not giving WARN notice is fine—as long as the company continues to pay …

Don’t risk double compensation—Make sure workers’ comp policy is in place

12/01/2007

Here’s a cautionary tale for Indiana employers that don’t carry up-to-date workers’ compensation insurance or that haven’t been approved as self-insured employers. If your policy lapses, you just may find yourself paying double for any work-related injuries …

After verdict flip-Flops, state wins pay restructuring case

12/01/2007

Madison State Hospital had a nursing shortage on its night shift. To solve the problem, the state of Indiana commissioned a compensation study that helped it decide to raise the wages it paid to night shift nurses. Karen Ferguson, a nursing supervisor, filed a complaint with the State Employees’ Appeals Commission (SEAC), claiming that in many cases night nurses earned more than nursing supervisors …

Religious accommodation and seniority

12/01/2007

Q. We are a nonunion plant that uses a seniority-based bidding system for work shifts. A recent hire has complained that due to his lack of seniority, he is consistently being scheduled to work on Saturday, which is his Sabbath. Do we have to accommodate his religion by honoring his request to never work on Saturdays? …

Be prepared to cite skills to explain wage disparity

12/01/2007

Because the U.S. Supreme Court ruled earlier this year that employees must make wage discrimination claims right away, it’s more likely than ever that employees who find out they are making less than a newcomer of a different race, sex or national origin will seek legal counsel. That’s why you must be prepared to explain each and every wage difference with solid business-related reasons …

Can we dock sick time for exempt employees?

12/01/2007
Q. Will I risk losing an employee’s exempt status if I deduct from his or her wages for full-day absences of one or more days?

Checklist: FLSA: Exempt vs. Nonexempt Status

11/20/2007
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How to Make Legally Smart Job Offers

11/19/2007
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No matter how many contracts, OT still starts after 40 hours

11/01/2007

Do you have employees working on different contracts during the same week? If so, you must make sure you add up their total number of hours and pay overtime for the hours in excess of 40 per week. You can’t issue separate paychecks for each contract and avoid overtime payments. The Fair Labor Standards Act clearly states that all hours worked “for a particular employer” count for overtime, even if the work is done on different projects or contracts.

Undocumented worker can get back wages

11/01/2007

No doubt, you’ve read about the U.S. Department of Homeland Security’s (DHS) efforts to enforce the nation’s immigration laws by cracking down on employers that hire and employ illegal immigrants. So you might be surprised to learn that a New York state court has ruled that even an illegal immigrant who admits he forged his I-9 documentation and was fired can sue for state wage-law violations …