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Wages & Hours

Supreme Court upholds pro-union fund-raising tactic

02/01/2003
In a victory for unions, the Supreme Court recently let stand a lower court ruling that said employees can be forced to pay mandatory dues for union organizing that occurs …

When to Pay for On-Call Time

02/01/2003

Q. When do we have to count “on-call” time as hours worked?—L.G., California

Employees can refuse to work due to safety fears, even at nonunion site

01/01/2003
Three apartment maintenance workers refused to scrape and paint a water-damaged ceiling after they saw a TV report on airborne-asbestos health risks. When they voiced a concern, their supervisor said there …

Reimburse any pre-employment costs that cut into minimum wage.

01/01/2003
Migrant workers at a Florida farm were required to pay expenses out of pocket for securing work visas and traveling to job sites. Because these costs amounted to “pre-employment deductions” from …

Noncash compensation counts toward minimum wage

01/01/2003
You probably don’t have employees living in your workplace, but a recent case illustrates your vulnerability to lawsuits if you keep workers tethered to the job, either physically or by phone, …

Dress codes: Strip away discrimination, ‘uniform’ dangers

12/01/2002
If your business is image-driven, now’s the time to take a closer look at how you regulate employee appearance. Reason: An increasing number of lawsuits are successfully challenging employers’ dress-code policies. …

Focus on Decision Making When Deciding Exempt Status

12/01/2002

Q. I believe that one of our employees falls within the administrative exemption under FLSA, but I’m not sure if he “regularly exercises discretion and independent judgment.” How can I make that determination? —A.C., Mississippi

Overtime Pay Not Affected by Worker’s Shift Switch

12/01/2002

Q. Are employers required to pay for overtime hours resulting from the employee voluntarily switching shifts with another employee? —E.R., Kansas

Off-work months during grievance don’t count toward FMLA eligibility

11/01/2002
Plant worker John Plumley was off the job for six months while he dealt with a grievance filed under the collective bargaining agreement. Ultimately, an arbitrator reinstated Plumley and awarded him …

Tip-pooling with management violates FLSA

11/01/2002
A restaurant required waiters to pool their tips and share them with busboys and managers who worked the floor. The waiters sued under the Fair Labor Standards Act (FLSA). The employer …