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Wages & Hours

‘Working’ Supervisors and Exempt Status

03/01/2002

Q. We have an hourly worker who oversees both the maintenance and housekeeping departments and supervises two employees. In this job, he has the authority to hire and fire, but he also is a “working” supervisor who performs maintenance in and around the property. Can his status be changed to salary/ exempt? —T.W., Texas

One instance of sex-based pay is enough to prove discrimination

02/01/2002
Despite having applied for the position of route manager, Michelle Hennick was hired for the lower-level job of new account specialist for Schwans, a direct frozen-food seller. Hennick later sued the …

Don’t Withhold Pay as Punishment

02/01/2002

Q. When an employee fails to clock in or out properly, our payroll department withholds that day’s pay until the next pay period as a form of employee discipline. My understanding is that an employer can’t hold back portions of pay as punishment. Am I right? —J.A., Georgia

How to pay employees for fluctuating workweeks

02/01/2002

Q. Our workers have irregular schedules. They may work for two weeks and then be off for three. They typically earn $60,000 to $70,000. Can we pay them every two weeks based on their average yearly income and, if they work more, pay them at an hourly rate? —D.D., Louisiana

EPLI coverage: Shopping for lawsuit security

01/01/2002

Even if you draft airtight employment policies and provide expert training, your company could still end up among the increasing number of businesses facing …

Deciding who’s exempt? Focus on employee’s duties, not job title

12/01/2001
Twenty former Tennessee Valley Authority (TVA) employees won back overtime pay when they sued under the Fair Labor Standards Act. The workers successfully argued that they were wrongly classified as exempt …

Exempt or not? ‘Primary duty’ isn’t a time test

11/01/2001
Michael and Constance Baldwin agreed to manage an RV park for a joint salary of $2,400 a month, plus on-site housing. They were on call 24 hours a day. After …

Egg on their faces: Mistakes in paying cooks cost $2.8 million

11/01/2001
Employers who misclassify workers as exempt continue to be hit with big-dollar court awards. In a recent decision, a federal court ordered owners of more than 100 Waffle House restaurants …

Keep Control Over Comp-Time Accumulation

11/01/2001

Q. We have an exempt supervisor who’s accumulated more than 400 hours of comp time over the past year. It’s almost impossible for her to take 400 hours of comp time and do her job. What is our obligation to pay for this comp time? How can this issue best be resolved? —G.H., California

You Can Change Workers’ Hours on Short Notice

11/01/2001

Q. Can we change employees’ work hours on short notice by altering their schedules? Also, we have a part-time employee who’s been employed for a few months working 32 hours a week. She’s preparing to return to work after recovering from a car accident. Can we reduce her work hours? —J.L., Maryland