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Wages & Hours

Breaks for nursing mothers: Just for nonexempts?

08/20/2012

Q. We have an exempt employee who just returned after giving birth. She says she needs to express milk three times a day and we have to let her. I thought the federal law says breaks were just for hourly employees. Do we have to give her this time? She’s away from her desk for 20 to 30 minutes each time.

DOL: Miami’s Barton G stiffed tipped servers

08/14/2012
The U.S. Department of Labor has ordered Barton G, the company that owns three renowned Miami fine-dining restaurants, to pay $28,000 to low-wage workers who did not receive minimum wage.

Beware bias based on employee’s tribal status

08/13/2012
A court has decided employees can sue employers for national-origin discrimination based on an unexpected characteristic: the employee’s tribal affiliation. National-origin discrimination lawsuits are usually based on being from a particular country, but belonging to a specific tribe can count, too.

Use greater experience, extra skills to justify why you pay some employees more than others

08/07/2012
Some employees wrongly assume that discrimination must be to blame if someone doing the same work earns more than they do. But even under the Equal Pay Act, employers are allowed to value employees with more highly specific skills and experience.

Deloitte ‘grosses up’ pay to cover tax on domestic benefits

08/03/2012
Deloitte has adjusted the salaries of employees who include domestic partners on their medical or dental plans to help offset the taxes they have to pay on the benefit. The perk is available to employees living with same- or opposite-sex registered domestic partners.

Texas agencies face federal sex discrimination lawsuits

07/31/2012
The U.S. Department of Justice is suing the Texas Department of Agriculture and the Texas General Land Office for alleged pay discrimination at the now-defunct Texas Department of Rural Affairs.

How can we stop the clock on off-the-clock work?

07/30/2012

How can an employer reduce its exposure to claims for off-the-clock work if employees use their own electronic devices for business purposes?

What makes a full-time employee?

07/27/2012
Q. How many hours must employees work to be considered full time? Part time?

Employees switch shifts: Does that potentially increase our overtime liability?

07/27/2012

Q. Are employers required to pay for overtime hours that result when an employee voluntarily switches shifts with a co-worker?

Do tips count as pay for the purpose of calculating an employee’s overtime rate of pay?

07/24/2012
Q. Some of our employees receive tips from cus­­tomers. Do we need to include those tips when we calculate these employees’ rate of pay for purposes of paying them overtime?