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Wages & Hours

Independent contractor label is no protection from overtime

05/01/2000
In 1991, Perdue Farms Inc. changed the status of the chicken catchers at its poultry plants from employees to independent contractors, which made them ineligible …

Pay workers for travel time when you control their travel

05/01/2000
Royal Packing Co. required its agricultural employees to travel to and from the fields each day on company-provided buses. Employees met each morning …

Limits on comp time for exempt employees

05/01/2000

Q. One of my managers had to work on a holiday, and the hourly employee who worked with him got double time in addition to the holiday pay. When the salaried employee wanted to take time off shortly afterward, my boss said it was not legal to give him comp time—he would have to be paid for the holiday he worked. The employee would rather have time off. Is there no comp time for anyone? —J.W., North Carolina

Be careful when altering pregnant worker’s pay

05/01/2000

Q. If a pregnant employee is salaried and is missing two days of work a week, can we legally make her an hourly employee? When the employee was hired, her contract should have been hourly. Is it legal to change the basis of her pay now? —C.H., Michigan

Businesses in other states fear spread of California overtime law

04/01/2000
California employers are fretting about a renewed state law that will raise their overtime costs. It requires time-and-a-half pay for work beyond eight hours …

Labor is following through on pay-equity crackdown

04/01/2000
Sunoco Inc. is one of the latest companies caught up in the federal government’s increased enforcement of equal pay laws. The company was ordered to pay a total of $250,000 …

You must pay for all work, even if it’s not authorized

04/01/2000

Q. In the October 1999 issue, you explained that nonexempt employees who work more than 40 hours in a week are entitled to overtime for all hours over 40, regardless of whether the overtime was authorized. Do we owe overtime if a nonexempt employee works more than his or her scheduled hours even if the total number of hours worked does not exceed 40? —J.P., Illinois

Pay for ‘Floating Holiday’ Depends on Your Policy

03/01/2000

Q. We gave eligible employees a “floating holiday” in lieu of having Dec. 31, 1999, as a paid holiday. We generally pay employees for all unused vacation, sick and personal time upon termination, but we have no policy regarding an unused floating holiday. Do we have to pay workers for any unused floating holidays upon termination? Does it make any difference if the employee requested the day off but the supervisor denied the request? —C.R., Illinois

Snow days might not freeze out exempt workers

03/01/2000

Q. Due to recent snowstorms, some employees have not been able to get to work. Can we dock the pay and/or accrued leave of employees who do not come to work? Can we do so even if the office is closed? Our attorney told us that the Fair Labor Standards Act does not apply to us because, among other things, our gross sales are under $500,000. —A.I., Maryland

You can recoup loss for payroll error

03/01/2000

Q. We direct-deposit the wages and salaries of most of our employees. Last week, two checks for the same pay period were deposited into an employee’s account. Can we legally have the bank withdraw the extra funds from the employee’s account? —M.F., California