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Wages & Hours

Big win for Blue Cross as suit fails to become class action

10/14/2008

Blue Cross and Blue Shield of Minnesota has won a significant victory in an overtime lawsuit filed by two customer service representatives. A court has denied a petition to elevate the case to class-action status—a decision that could save the insurer millions of dollars if it eventually loses.

On Election Day, can we require employees to vote after work?

10/14/2008

Q. A number of employees have expressed concerns about long lines on Election Day and their intent to vote in the morning. That could make them late for work. Our office closes at 5:30, which gives employees 2½ hours to vote before polls close. Can we force employees to vote after they have completed their workday? If an employee who votes in the morning is late for work, can we deduct the missed time from his or her pay? …

Can employees volunteer time?

10/14/2008

Q. We are a small nonprofit organization that provides social services to the homeless. We cannot afford to pay employees overtime compensation, but some have expressed an interest in donating time to the organization to help provide services. Can our employees also provide work as volunteers? …

Can we deduct pay from exempt employees who have used up PTO and FMLA leave?

10/10/2008

Q. We have an employee who has a degree in accounting and is treated as a salaried, exempt professional employee under the FLSA. He became ill and has used his 12 weeks of FMLA leave. He chose to use the PTO leave concurrent with his FMLA leave. Since he returned, he has missed seven additional days of work. Can the company deduct these missed days from his pay without losing the salaried, exempt status?

State agencies grapple with personnel moves to meet budget

10/08/2008

State department heads have taken different approaches to achieve the $2 billion in budget cuts mandated by Gov. Rod Blagojevich for this fiscal year. The Department of Children and Family Services cut 179 positions and planned to transfer 127 workers to vacant spots in more-urgent areas …

Things not to say during government hearings

10/08/2008

Betzy Cowan, who worked for McLean County Clerk Peggy Ann Milton, has filed a complaint with the state Department of Labor (DOL) seeking $3,000 in unpaid overtime. Testifying in a misconduct hearing against Milton last year, Cowan said her boss frequently asked her to shuttle Milton’s children home on county time …

Can an employer deduct hours for employee meal breaks?

10/07/2008

Q. My company deducts 30 minutes from each day’s recorded time for employees’ meal periods. Is this proper? …

How can we avoid wage-and-hour class action lawsuits?

10/07/2008

Q. I keep hearing about wage-and-hour class actions, where workers claim they were not paid properly because they were misclassified as exempt, not paid for all hours or not paid the correct overtime rate. What can I do to minimize this risk? …

DOL grills tortilla maker, gets agreement on back pay

10/06/2008

De Maiz Tortilleria, a tortilla production company in Pharr, Texas, has agreed to pay $401,314 in back wages to 133 employees following a U.S. Department of Labor investigation looking into allegations it violated the FLSA …

Bilingual employees invaluable to you? Don’t punish them for their special skills

10/06/2008

Texas has a large number of Spanish-speaking residents, and a workforce that can effectively communicate with those residents can be a prized commodity. But before you thrust additional work on Hispanic employees who can communicate with customers who don’t speak English well, consider the following case …