• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FLSA

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

Be crystal clear about status of employee’s bonus

01/01/2002
Joe Fitzpatrick told his supervisor that he was considering resigning and asked about getting one of the bonus checks that other members of his work group had received. “I have a …

Employee or contractor? Failing to check can double damages

01/01/2002
Bell Atlantic Corp., now Verizon, hired drivers for its senior executives. While some drivers were considered Bell employees, others were independent contractors paid a flat hourly rate. They had to carry …

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 …

Paycheck problems: Know limits on deductions, promptness of pay

12/01/2001
Two mistakes with Trina Richardson’s final paycheck cost her employer, an Oregon credit union, more than the check itself. Here’s where the company went wrong: Improper deduction. The credit union …

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

Lack of time records voids exemption argument

10/01/2001
No matter how long it took Tracy Klinedinst to paint a car, he was paid based on a standard industry estimate used by auto repair shops and insurance adjusters. While his …

Beware of sick leave policies that allow pay reduction of exempt

10/01/2001
To protect employee exemptions from overtime, make sure your sick leave policy defines which classifications would not be subject to pay deductions. In 1997, the U.S. Supreme Court said employees …