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Wages & Hours

How do we decide whether we need to pay for responding to off-duty phone calls?

02/23/2011
Q. We would like to require employees in one of our departments to promptly answer their company-provided cell phones even when they are away from work. If we impose this rule, do we have to pay these employees around the clock?

Should we pay for training time?

02/23/2011
Q. Occasionally, we offer in-house training and development programs for our employees. The training is strictly voluntary and isn’t conducted during normal working hours. Our company has never paid employees for the time spent attending such training. Is that legal?

Provide wage statements to all employees–even if they can’t give a Social Security number

02/23/2011

Under California law, all employees must receive regular wage statements. Employers that “inadvertently” fail to provide pay information might get away with it, but they shouldn’t count on it. Recently, the Court of Appeal of California considered the meaning of “inadvertently” and upheld penalties assessed against an employer that classified workers as independent contractors when they could not provide Social Security numbers.

What keeps HR awake at night?

02/22/2011
Rising health care costs, implementing the new health care reforms, rapidly changing business and labor markets, growing regulatory complexity and managing the aging workforce top the list of challenges HR pros face. That’s what the Society for Human Resource Management found when it surveyed more than 9,000 practitioners.

Make the independent contractor vs. employee decision before you bring person on board

02/22/2011
Make sure you make the employee-or-contractor call before you hire an employee. Don’t assume you can make the designation later. That usually won’t work. And you probably won’t even discover the problem until it’s too late to fix it—when a terminated worker files an overtime lawsuit.

Florida sued over floating minimum wage calculations

02/14/2011
In 2004, state voters approved linking the minimum wage to inflation. All went well for a few years, but now a lawsuit says the state got the math wrong two years ago.

Tampa investigation leads to multistate overtime settlement

02/14/2011
When U.S. Department of Labor investigators first looked into ready-mix cement truck drivers’ complaints in Tampa, they didn’t know the investigation would lead to a $1.5 million recovery for CEMEX employees in eight states.

In Illinois, what are the penalties for unpaid wages?

02/11/2011
Q. I heard that employers may soon be prosecuted for not paying employees on time. What are the penalties for employers that violate the Illinois Wage Payment and Collection Act?

$1.3 million due from O’Hare contractor that stiffed workers

02/11/2011

If your organization performs work for the federal government, consider this case a warning: A company that provides ground transportation services at Chicago’s O’Hare International Airport has settled charges it failed to pay prevailing wages to its employees as required by federal contracting rules.

Follow federal FLSA rules to pay for ‘donning & doffing’

02/09/2011
Good news for Minnesota employers that have been worried about how to pay employees for the time they spend putting on and taking off protective clothing before and after their shifts: Paying overtime as required by federal law generally means no additional payment is due under Minnesota law.