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Wages & Hours

Public employers not subject to some California overtime, pay rules

06/26/2009

In what may be a classic case of “do as I say, not as I do,” a California appeals court has ruled that public employers in the state don’t have to follow the same state overtime and pay rules that apply to private employers.

Should pharma reps get OT? State Supreme Court to decide

06/26/2009

The 9th Circuit U.S. Court of Appeals has asked the California Supreme Court to rule on whether pharmaceutical sales representatives are exempt under the California Labor Code. Traditionally, they have been classified as exempt.

Suit on tax credits for hiring poor workers moves forward

06/26/2009

A state court of appeals recently ruled that Richmond-based Dicon Fiberoptics adequately pleaded its claim against California’s Franchise Tax Board in a case involving a tax credit for hiring disadvantaged workers.

After cutting staff, can we require remaining employees to work overtime?

06/26/2009

Q. We recently downsized our department. As a result, the additional workload has shifted to the employees who still have jobs. Can we force those employees to work overtime?

Must we pay employees after an emergency forced us to close the office for a day?

06/26/2009

Q. We closed our offices for a day because of a phoned-in bomb threat, and we sent all our employees home. Do we need to pay them for showing up to work that day?

Minimum wage rising to $7.25; Obama calls for $9.50 by 2011

06/22/2009

Two years ago, Congress passed a three-step boost in the federal minimum wage. On July 24, the last of those increases takes effect, rising another 70 cents to $7.25 per hour. President Obama has advocated increasing the federal wage floor to $9.50 per hour by 2011.

Take and retain notes on salary negotiations

06/22/2009

In a free-market system, it sometimes takes extra money to entice an applicant to jump ship. But sometimes that causes an existing employee to earn less than a new employee who holds the same job. If that existing employee belongs to a protected class, she may fire off a pay discrimination claim. That’s when interview notes documenting the salary negotiations come in handy.

Deducting pay for poor work performance can destroy employees’ exempt status

06/22/2009

FLSA exempt employees must be paid the same salary regardless of the quality or quantity of their work in any given pay period. In other words, employers can’t make deductions from pay for poor work. That’s true even when the compensation comes in the form of an incentive plan.

FLSA exempt salaries: Cutting pay and hours by 20%

06/22/2009

Q. We’ve begun paying FLSA exempt employees 20% less per week and asking them to work 20% fewer hours. Some still continue to work far more hours. Can we legally do this, or must the employees report the actual number of hours they worked on their time sheets, even though they’re only receiving 80% of their regular salaries?

Mandatory overtime and the ADA

06/22/2009

Q. We have an employee who has blood clots in her legs and whose doctor says she can work only 40 hours per week. She knew overtime was required when she was hired. Do we have to let her work a reduced schedule of just 40 hours?