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Wages & Hours

Caution when dealing with employees’ ‘protected concerted activity’

10/01/2007
Q. I recently received a memo signed by all four employees in one department asking for 5% raises. Can I have a meeting with them to let them know that there is no money for raises, that their department could easily be eliminated and that they would be smarter just to keep a low profile and do their jobs?

How to handle pay for interns

10/01/2007

Q. Must a Texas employer pay its interns? …

Independent Contractor or Employee? How to Make The Call

09/18/2007
White Paper published by The HR Specialist ______________________ For years, the IRS has relied on a 20-factor test to determine whether a worker is considered an “employee” or an “independent contractor.” Conferring contractor status on a worker often benefits the employer, who is then not obligated to withhold income tax or to pay Social Security […]

Paying exempt employees extra? Be sure to clarify status

09/01/2007

Do you pay exempt employees extra for working extra hours? If you do, make sure you clearly indicate that you still consider the employees as exempt. That way, should you stop making the payments, you haven’t created unreasonable expectations …

Settling strike by paying for missed work may cut unemployment tab

09/01/2007

When it’s time to settle a strike, and that settlement includes paying for some of the time employees missed either because they were on the picket line or you laid them off, be aware of the language you use to describe the payment …

Lights out means it’s lunch time in Seattle

09/01/2007

Lights out signals lunch time at the NRG::Seattle insurance company. Every day at 11:30 am, the lights go off and all employees must stop working. This one-hour break gives employees the chance to eat together and take a breather before the second half of the workday …

Instruct supervisors: No work before official hire date

09/01/2007

Make sure all supervisors who have direct contact with job applicants understand this simple rule: No new employee performs any work until HR approves the hiring and provides a start date. Otherwise the applicant’s time spent “working” may become the basis for a Fair Labor Standards Act (FLSA) claim. Then, it will be your word against the applicant’s as to how many hours he or she actually worked …

A&P Faces Huge Back-Pay Class-Action Suit

09/01/2007

Thousands of cashiers, clerks, bakers and other hourly employees received the go-ahead for a class-action suit against the Great Atlantic and Pacific Tea Company, the Food Emporium and Waldbaum’s, all part of parent company A&P, for unpaid overtime dating back to 1998 …

Are your employees headed for overtime? Maybe not

09/01/2007

A Federal Court of Appeals recently ruled that auto mechanics paid on a flat-rate system are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The court found that the flat-rate system used in the auto repair industry is akin to a commission system for FLSA purposes. The case opens the door for some employers to restructure their pay system to avoid costly overtime …

Make sure independent contractor honors pay obligations

09/01/2007

If your business is seasonal, you may rely on an independent contractor to provide extra workers during crunch times. Whether it’s harvesting a crop, having the office cleaned or counting inventory, you must take steps to ensure your contractor pays his or her employees minimum wage and overtime …