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Wages & Hours

Misclassify an employee, chances are you’ll pay double

05/01/2007

The Fair Labor Standards Act is an unforgiving master—you’ll pay if you misclassify an employee without solid, good-faith reasons. Hourly employees that you incorrectly designate as exempt will collect more than time-and-a-half for the overtime they worked …

Compassion of ‘Donated Leave’ Comes With Caveats

05/01/2007

When a health crisis drains an employee’s regular allotment of paid time off, some companies allow other employees to donate their own leave to help out. Here are some suggestions for making it work, as well as a few caveats …

New study turns up heat on child labor compliance

05/01/2007

Many teenagers operate hazardous equipment at work and fail to receive appropriate safety training, according to a new study by the National Institute of Occupational Safety and Health …

‘Uniform’ can be an expensive word for employers

05/01/2007

Be careful what you refer to as an employee “uniform” in your employee handbook and policies. The wrong use of the word could be costly …

Use discipline to enforce your no-Overtime policy

05/01/2007

Q.  We temporarily allowed an hourly employee to come in early and take work home at night. We paid her for overtime on both ends. But now we’ve promoted someone else and told the hourly worker to stop coming in early and taking work home. She said she prefers working early and still does (plus she skips lunch) but reports for just 40 hours. Is she setting us up?—L.B., New York

Complying with the no-Docking rules

05/01/2007

Q. We are a small company with fewer than 20 employees. While I understand the issue of paying exempt employees full salary and docking from the PTO banks when they’re absent, is there someplace that I can go to get an example of a company policy to support a 40-hour-per-week effort from each employee?—E.R., Virginia

One more thing to worry about: Add ‘Unjust enrichment’ to list of labor claims

05/01/2007

Recently, attorneys have added “unjust enrichment” to the growing list of legal claims lobbed at employers. Simply put, employers who receive a benefit from an employee can be sued if the employer’s retention of that benefit is inequitable …

Direct deposit requires employee’s written consent

05/01/2007

Q. We have been told by our accounting office that the company could save a great deal of money if it could get away from the payroll practice of providing employees with checks, and instead go to a direct-deposit arrangement. We have both a non-union work force and a small group in a union. Can we go ahead and implement such a change, or negotiate a change with the union?—M.B.

Require Early Clock-In? Allow Early Clock-Out, or Pay

05/01/2007

Do you require hourly employees to clock in a few minutes before they start their shifts to make sure they’re ready to work? If you don’t start paying at that time, you’d better allow an early clock-out …

Injury that occurs on way to time clock is covered by workers’ comp

05/01/2007

If you haven’t checked for obstructions, hazards or other safety problems around the company time clock or on the way to it, you should. Check the lunchroom for hazards, too. Ohio’s workers’ compensation law covers employees who are injured while on their way to clock in or out, or while on unpaid breaks or at lunch …