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Wages & Hours

It’s not just the feds: States crack down on contractor misclassification

05/19/2012
The DOL  and IRS continue to aggressively enforce laws against misclassifying employees as independent contractors. But a major shift has taken hold in the past two years, with state legislatures and regulators actively taking a greater role in cracking down on companies that misclassify workers as independent contractors.

What are the pay rules when we have to close because of an emergency?

05/18/2012

Q. Our offices were closed due to a phoned-in bomb threat. As a result, we were forced to send home all our employees. Do we need to pay employees for showing up to work that day?

California Supreme Court rules on handling meal and rest periods

05/18/2012
In April, the Cali­­for­­nia Supreme Court finally issued its opinion in Brinker v. Superior Court. In a major victory for California employers, the court issued clear rules on how and when employee meal and rest periods must be provided.

California’s wage-and-hour laws apply to everyone–even foreign-owned corporations

05/18/2012
Ignoring California’s wage-and-hour rules is a big mistake—no matter where an employer is based. When foreign-owned corporations assign employees to work in Cali­for­nia, California’s employment rules apply.

DOL to take a tough stance on enforcing tip rules

05/18/2012
The DOL recently gave the nod to national enforcement of regulations specifying that employees’ tips are their sole property, regardless of whether employers take the tip credit. This should serve as a timely reminder, since many teens and college students regularly earn tips during the summer.

Real-life HR: How to respond to a garnishment order

05/17/2012
Bankruptcies and foreclosures have been making the news for the past four years. But there’s a quieter side effect of the down economy that’s fraught with traps for unwary employers: The concurrent and growing trend of court-ordered or government-issued wage garnishments. Here are the basics you need to know if you receive an order to garnish an employee’s wages.

Might we be covered by Minnesota’s OT rules?

05/10/2012
Q. We are a small employer and only have operations in Minnesota. I recently learned that Minnesota does not require overtime pay until after an employee has worked 48 hours in a workweek. Do we have to pay overtime after 40 hours or can we have employees work an extra eight hours before they are entitled to overtime?

New penalties under Texas wage-theft law? I heard it’s now a criminal offense

04/30/2012
Q. I heard that a new law allows criminal prosecution of employers that commit “wage theft.” Is it true?

Always enforce ‘no unauthorized OT’ policy

04/30/2012
The first step to controlling overtime costs is to establish a sound policy forbidding unauthorized extra work for hourly employees. But a “no unauthorized overtime” policy is just the beginning. You must also enforce the policy for all nonexempt employees, and make sure managers understand why it is important.

Throw a bucket of ice water on summer payroll problems

04/27/2012
As you gear up for employees’ summer vacation requests, remember that the FLSA has a lot to say about working hours, calculating overtime when employees take a day off during the week, and uniform policies. Here’s help navigating these choppy waters.