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Wages & Hours

Does telecommuting affect nonexempt status?

09/03/2013
Q. We’ve allowed employees to work from home on occasion and are considering making it an option for some positions. Does exempt/nonexempt status matter when it comes to employees working from home on a permanent basis?

State hotels rank fourth in nation in wage & hour violations

09/03/2013
Pennsylvania’s hospitality industry has earned the dubious distinction of violating the nation’s pay laws more often than those in any state outside the Sun Belt.

Part-time work on the rise

09/02/2013
Since March, U.S. employers have added 187,000 full-time workers to their payrolls—and 791,000 part-timers.

2014 raises to set post-recession bar, biggest since ’08

08/30/2013
Pay-raise budgets at U.S. employers have picked up from all-time lows four years ago, going from a mean of 2.2% in 2009 to 2.9% in 2013, according to the “WorldatWork 2013-2014 Salary Budget Survey.” While employers plan to loosen the purse strings next year, spending on pay raises will be far from lavish.

YUM! Brands faces yucky wage-and-hour lawsuit

08/28/2013
The parent corporation for such fast food icons as Taco Bell, KFC and Pizza Hut faces a class-action lawsuit alleging numerous wage-and-hour violations in California.

Is that manager really exempt? Much depends on how she spends most days

08/28/2013
The best approach to classification is to regularly review exactly what employees actually do, day in and day out. Then measure that by what the FLSA regulations say indicates exempt status.

Decision could open door for out-of-court FLSA settlements

08/26/2013

Most federal district courts routinely hold that out-of-court settlement agreements, to the extent that they purport to waive FLSA claims, are unenforceable. That has made it difficult and expensive for employers to resolve pay issues, even when they realize they made a mistake and want to compensate the employee fairly. Last year, the 5th Circuit Court of Appeals took a more pragmatic ap­­proach in Martin v. Spring Break ’83 Productions.

Trying a creative approach to pay? Have your attorney run the numbers to ensure legality

08/26/2013
Before you approve a creative approach to paying hourly employees, be sure to get expert help. That’s essential if your em­­ployees may have to put in more than 40 hours of work per week, because you will have to calculate their regular rate of pay to calculate overtime compensation. And that’s something the DOL wants done right.

Following recent cases, review piece-rate pay & commissions

08/22/2013
In April 2013, a California Court of Appeal decided that automobile service technicians, who were paid on a “piece-rate” basis, must also be paid at least the minimum hourly wage for the time that they are required to wait between their piece-rate-paid repair jobs. On July 19, the California Supreme Court refused to review the appeal court ruling, making it binding law.

Limiting on-call activity? Pay for that time

08/22/2013
The California Court of Appeal has held that employees need to be compensated for “on-call” hours if the employer substantially restricts their ability to engage in nonwork activities. However, employers may exclude eight hours of sleep time from 24-hour shifts, if an agreement between the employer and employee calls for it.