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Wages & Hours

Decrease in Overtime Hours Not Necessarily an ‘Adverse Action’

01/01/2006

Employees need to prove they suffered some sort of "adverse job action" (firing, demotion, worse job conditions, etc.) to file a discrimination lawsuit. But variations in work schedules don’t necessarily amount to an adverse action. That’s true even if an employee’s altered schedule results in fewer overtime hours …

You may be liable for wage claims from contractor’s illegal workers

01/01/2006

You might think outsourcing jobs to an independent contractor saves money. But if you insist on exercising any significant control over how, when and where independent contractors do their job, you may end up paying dearly in the end if your organization is deemed the true employer …

Immigration Steps Up High-Profile Workplace Raids

01/01/2006

The U.S. Immigration and Customs Enforcement (ICE) is stepping up its efforts to discourage employers from hiring undocumented workers. ICE recently raided a million-square-foot Wal-Mart warehouse in Butler, Pa., netting 125 undocumented workers …

Same job titles don’t demand the same pay

01/01/2006

While the Equal Pay Act prohibits wage discrimination against women, make sure you and your supervisors realize that it doesn’t require every employee in the same position to earn the same salary. If you can point to factors other than gender (seniority, education, experience, skills, etc.), you can set radically different salaries for employees who hold the exact same job …

Set clear rules on employee credit card use

12/01/2005

Q. I work for a nonprofit agency, and we plan to start using an agency credit card. But we also need a policy that covers who can use the card and when, plus some other things I haven’t thought of yet. What should the policy include? —M.M., Pennsylvania

Look at employees’ duties, not titles, to decide exempt status

12/01/2005

Issue: Many employers believe that anyone with a "manager" title is automatically exempt from overtime. Risk: Making such misclassification mistakes can cost thousands in back pay and penalties, plus a black mark on your record …

Supreme Court: Pay employees for certain ‘walking time’

12/01/2005
Issue: Must you pay employees for time spent changing into protective gear and walking to (and from) their workstations?
Benefit/risk: The Supreme Court finally answered this long-running question, but the …

Supreme Court nominee has pro-business pedigree

11/01/2005
If her legal career is any indication, Supreme Court nominee Harriet Miers could be a strong advocate for business if she’s confirmed.
While Miers has never served as a judge, …

Calculate OT correctly for employees who work two jobs

11/01/2005
Issue: How do you calculate overtime pay for employees who perform two separate jobs at separate hourly rates?
Benefit: New Labor Department rulings clarify this confusing part of wage-and-hour law. …

Focus on duties, not title, to decide overtime eligibility

10/01/2005
Managers are exempt from overtime, right? Wrong. The term “manager” means different things in different organizations. That’s why it’s important to look at each employee’s specific duties and responsibilities when deciding …