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Wages & Hours

Wage-and-Hour, on-Call and mileage issues for ‘Exempt’ workers

04/07/2008
Q. I own a home-health agency. Although my licensed vocational nurses are paid by the visit, my registered nursing staff is considered management. They are salaried. Are we lawfully required to pay our RNs “on-call” pay or mileage? Although it’s not documented as such, we have taken these things into consideration when setting their salaries …

Sunflower Market hit with $125,000 back-Wage bill

04/01/2008
Sunflower Market has agreed to pay $125,310 in back wages to workers in four states for unpaid overtime. The U.S. Labor Department also levied $10,670 in fines against the grocery chain for violations of the child labor laws …

Payroll records: Timekeeping for exempt, nonexempt workers

04/01/2008
Federal wage-and-hour laws require you to have a reliable system to accurately keep track of employees’ hours and pay. Casual timekeeping systems can easily trigger a back-wage lawsuit. Companies subject to the Fair Labor Standards Act must keep records for both nonexempt and exempt employees …

Can we make payroll deductions to pay for employees’ mistakes?

04/01/2008
Q. Our staff includes employees who do repair work and are paid by the job. We offer a 90-day guarantee to our customers. If a customer has to have a repair redone, can we deduct from the employee’s subsequent wages the money we paid for the faulty first repair? …

Wage-and-Hour suits are hot

04/01/2008
Wage-and-hour lawsuits are growing exponentially, according to the fourth Annual Workplace Class Action Litigation Report from national law firm Seyfarth Shaw LLP. New York was among the states experiencing the sharpest growth in wage-and-hour claims …

Explain work schedule during interview, not after hiring

04/01/2008
Does your organization operate on shifts or have unusual work hours? If so, it’s fair to both job applicants and the organization to be ultra-clear about what hours new hires should expect to work. The best approach is to ask about work availability up front—right on the application …

Retain new hires with quick pay raises

04/01/2008
The more your organization’s employees learn on the job, the quicker their value skyrockets in the marketplace. Retain new hires by raising their salaries as they gain experience …

Carefully justify pay differential between women and men

04/01/2008
The Equal Pay Act (EPA) requires employers to pay the same to male and female employees who perform jobs requiring equal skill, effort and responsibility. The EPA allows employers to adjust pay rates for legitimate business factors “other than sex.” To use experience as the reason for different pay rates, the employer should create a compelling record showing exactly what kind of experience it considered …

Wage-and-Hour suits are hot

04/01/2008
Wage-and-hour lawsuits are growing exponentially, according to the fourth Annual Workplace Class Action Litigation Report from national law firm Seyfarth Shaw LLP. The U.S. District Courts for the Southern and Middle Districts of Florida led the way with more wage-and-hour filings than any other federal jurisdictions …

Drywall company faces class action suit

04/01/2008
Eight Hispanic workers have filed a class action lawsuit against drywall company Mulcahy Inc., of Mahtomedi, alleging the company paid them less than minimum wage and denied them overtime pay, breaks and health benefits. Because they say they fear retaliation, the workers are suing under the pseudonym “John Doe” …