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Wages & Hours

Don’t try to ‘explain away’ overtime errors

12/01/2003
Counsel your managers to treat overtime complaints with respect, and avoid any cavalier statements or excuses about why someone hasn’t been paid overtime. Reason: You face big risks by making such …

Don’t mandate direct deposit of employees’ pay

12/01/2003
Issue: Some state rules seem to clash with federal rules over whether you can require employees to accept pay via direct deposit.
Risk: By following your state law, in some …

Be careful how you answer pleas for overtime pay

12/01/2003
Issue: If you’re sued for unpaid overtime pay, your damages can mount quickly if the court sees a “willful” violation. Risk: The FLSA enables courts to award employees up to …

You can’t make employees contribute to charity

12/01/2003

Q. Is it legal for us to strongly encourage our employees to have money withheld from their paychecks to support a charity drive, like the United Way? —L.M., Texas

Schools aren’t exempt from wage-and-Hour laws

12/01/2003

Q. At our university, the special-events supervisors must occasionally hire people. We currently don’t pay for their time involved in interviewing job candidates. I think we should pay them for that time, but I was told education institutions are exempt from pay laws. Is that true? —D.D., West Virginia

Employees comparing pay? Don’t try to muzzle them

12/01/2003
Issue: About a third of all organizations prohibit employees from discussing pay with one another. Risk: Such confidentiality policies likely violate …

Gender gap closing a bit, but equal-pay claims still rise

11/01/2003
Reminder to employers: You may have heard that the gender pay gap is closing somewhat. But don’t slack off in your efforts to comply with the Equal Pay Act.
The …

Make Sure ‘Manual Punch’ Counts Correct Hours

11/01/2003

Q. We use a timecard punch-in/punch-out system. If an employee forgets to punch in, and we manually do it, do any labor laws apply? —B.B., New York

Nonunion shops: You can be liable for ‘unfair labor practices’

10/01/2003
Before you lash out against workers who rise up against a pay issue or other working condition, stop yourself. The National Labor Relations Act (NLRA) protects employees’ rights to engage in …

Don’t Treat Disciplinary Suspensions as ‘Admin Leave’

10/01/2003

Q. We recently sent an employee home for not following his supervisor’s instructions. Do we have an obligation to pay him for the full day regardless? How should we handle this situation in the future? Is this considered administrative leave? —D.M., California