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Wages & Hours

HR Specialist releases agenda for Nov. 4-6 conference in D.C.

08/20/2009

President Obama is delivering on his promise of change—particularly in the workplace-law arena. To prepare HR professionals for what’s happening—and what’s going to happen—the HR Specialist is hosting its annual Labor and Employment Law Advanced Practices Symposium (LEAP) Washington Conference Nov. 4-6.

Same job, different pay: Is that legal?

08/20/2009

Q. We have two employees who have the same job title, job description and functions. We pay one a flat salary ($120,000). We pay the other a base salary plus a fixed rate for hours that are billable to the customer ($70,000, plus $20 for every billable hour). Can we do this or should their salary structures be identical?

Reducing salaries: The impact on exempt status

08/20/2009

Q. Legally, is there a difference between exempt employees “volunteering” their time or being required to reduce their salaries (or work hours) during these slow economic times?

Federal court defines limits for FLSA retaliation lawsuits

08/14/2009

As with many other federal employment laws, the Fair Labor Standards Act includes a retaliation provision that protects workers who complain that their employer has violated the law. Until recently, it wasn’t clear what kinds of complaints actually triggered the FLSA’s protections. That’s now changed.

Burden is on employers to avoid double damages under FLSA

08/11/2009

The FLSA requires employers to pay the minimum wage and the correct amount of any overtime. Violate the law and you’ll have to pay double what you owe—unless you can show you acted in good faith and with the reasonable belief that you were following the law. That’s a tough sell unless you can show you followed legal advice.

Beware long suspensions, even with pay! They could be adverse employment actions

08/07/2009

Traditionally, a temporary suspension with full pay hasn’t been deemed an adverse employment action, mainly because courts want to give employers time to determine what an appropriate disciplinary action might be. But if the employer extends that suspension or turns it into a transfer to a no-duties position, courts may take that into consideration.

Any problem firing employee who wants her exempt classification changed?

08/07/2009

Q. We have an employee whom we have classified as exempt, but wants to be classified as nonexempt and earn overtime. Frankly, she’s become a pain about the whole thing. Can we just fire her?

Recession revisited: Is it time for cautious optimism on pay?

08/07/2009

As hard as this recession has been on everyone, it has forced organizations to look at how to spend compensation budgets more efficiently and more effectively. What has shaken out is a new system of pay raises and bonuses that rewards employees for doing top-notch work rather than for simply showing up for work. Here are five lessons compensation pros have learned during these hard times:

From across the pond: British firm pays for ‘Botox leave’

08/07/2009

So many employees of Fox Kalomaski were taking leave for “beauty treatments” that the London-based advertising agency added an extra paid day off—and execs there call it “Botox leave.” The day off happens in December, says the managing director, who speculates employees need time to “make sure they’re looking their best for the Christmas party photos.”

NYC car washers clean up with $4.7 million in OT settlements

08/06/2009

The parent corporation of several New York City area car washes has agreed to settle overtime claims from 1,187 current and former employees for $3.4 million. Coupled with a previous settlement with 200 workers for more than $1.3 million, Lage Management has paid out more than $4.7 million in back pay and liquidated damages.