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

Wages & Hours

18 Tyson Foods unpaid-Wage suits consolidated in GA court

11/01/2007

Springfield-based Tyson Foods received approval from a U.S. judiciary panel to consolidate 18 employee lawsuits alleging labor-law violations concerning minimum wages, overtime and record-keeping. The lawsuits, which were filed in the district courts in 10 states, will be heard together in the Middle District of Georgia …

How to handle missed time-clock punches

11/01/2007

Q. At our office, if an employee misses a time-clock punch, his pay for that day is suspended until he receives his check stub. The employee must then fill out a missed time-card punch form and have it signed by a senior partner. The missed pay is then applied to the person’s next pay period. Is this legal? — D.L., Virginia …

Mandatory doctor visits: Must you pay for the time?

11/01/2007

Q. We sometimes send our employees to our company doctor. Do we have to pay employees their hourly rates for their time? Also, are we responsible for any accidents that happen on the drive? —C.C., Arizona …

Report finds state job growth on far ends of the spectrum

11/01/2007

A report published by the nonprofit California Budget Project has found that job growth in California was considerably concentrated at the highest and lowest ends of the earnings range. According to the report, A Generation of Widening Inequality, which was issued on Aug. 23, the gap between the two ends has widened in the past decade and will continue to do so in the coming years …

Federal judge decertifies FedEx Kinko’s FLSA class

11/01/2007

Judge Saundra Brown Armstrong of the U.S. District Court for the Northern District of California has decertified a class action in an overtime suit involving FedEx Kinko’s managers. According to Armstrong, the 490 “center managers” in California were executive employees and therefore exempt from overtime pay under California law in spite of the fact that they reported to other FedEx Kinko officials …

California Supreme Court issues key class-Action ruling

11/01/2007

The California Supreme Court has issued its long-awaited decision in the case of Gentry v. Superior Court, deciding whether class-action waivers in employment arbitration agreements are legally binding. In a case of good news/bad news for employers, the court didn’t say that all arbitration agreements, or even all class-action waivers, were invalid—just the poorly drafted ones …

AIG hit with overtime lawsuit disputing exempt status

11/01/2007

Two New Jersey claims adjusters for AIG Inc. in New York City have filed a class-action lawsuit against the insurer alleging it improperly classified them as exempt from overtime pay …

Supreme Court’s Ledbetter decision could affect your pay policies

11/01/2007

In May 2007, the U.S. Supreme Court announced its decision in Ledbetter v. Goodyear Tire & Rubber Co. Inc., a case that limits the potential liability of employers in wage discrimination claims brought under Title VII. New Jersey employers should bear in mind that Ledbetter was decided under Title VII—the federal statute governing employment discrimination claims. Although New Jersey state courts often look to federal decisions for guidance, it is uncertain how Ledbetter will be applied in a state court action involving the New Jersey Law Against Discrimination …

NCWHA governs employee incentive and bonus plans

11/01/2007

Incentive-pay programs and bonus plans are very common in North Carolina and sometimes constitute a significant portion of an employee’s pay. But if a dispute develops, the employee does not have a claim for breach of an employment contract. Instead, the North Carolina Wage and Hour Act (NCWHA) applies. The application of the NCWHA, which contains notice and nonforfeiture requirements, often takes employers and employees by surprise …

Minimum wage in North Carolina

11/01/2007

Q. What is the minimum wage for North Carolina employees? Is it different than the federal minimum wage? …