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Wages & Hours

Watch what you promise: Michigan employment contracts can be oral

10/01/2007

In Michigan, employers and employees can enter into employment contracts without using written agreements. As long as one of the parties can prove what the terms of the agreement are, a court may enforce the agreement. One way to protect your organization is to have all new hires sign an acknowledgment that no oral promises are binding, and that all contracts must be in writing …

Michigan’s minimum wage is higher than the federal rate

10/01/2007

Q. The federal minimum wage increased in July. How does that relate to the minimum wage in Michigan? …

Exempt or nonexempt? Analyze your staff before a court does

10/01/2007

When a new position is created, HR professionals typically make a snap decision on a vital issue: whether the person filling it should be deemed exempt from the Fair Labor Standards Act—i.e., they’re not eligible for overtime pay—or whether they’re nonexempt—i.e., eligible for time-and-a-half overtime pay. In many cases, that’s the last time the exempt versus nonexempt decision is ever reviewed for that employee. Not smart …

Class action may be price for policies that invite off-the-Clock work

10/01/2007

Does your organization have top-down policies that tacitly create incentives for hourly employees to work extra hours without pay? If so, you may be risking a class-action wage-and-hour lawsuit. That’s what happened to one large employer when a disgruntled hourly employee claimed the company practically forced him to work extra hours in order to keep his job …

Break concerns get airing before California labor commissioner

10/01/2007

On Aug. 2, the California Labor Commission convened a public forum on the topic of meal and rest-break rules to address concerns from employees and employers that the current regulations create confusing and conflicting requirements …

Can we mandate direct deposit?

10/01/2007

Q. To cut down on the administrative costs of issuing paychecks, my company would like to pay all its workers through a direct deposit to the bank of their choice. May we require our employees to accept their pay via direct deposit? …

Preparing for work: Pay depends on rules, employer benefit

10/01/2007

Do your employees have to put on special uniforms or equipment before beginning work? If the law or your company policy requires it, chances are the time spent getting in and out of the clothing or equipment should be paid time …

Class-Action suit could cost French firm over $300M

10/01/2007

Sanofi-aventis U.S., the American branch of a French pharmaceutical group, has been hit with a class-action sexual discrimination and harassment lawsuit. The four plaintiffs claim they were paid less and not promoted because of their gender. The women also say their bosses made unwelcome sexual comments and gestures, and management did not respond when they complained …

H-1B visa abuse costs Iselin tech company back wages, penalties

10/01/2007

The U.S. Labor Department has ordered Technologies500, of Iselin, to pay $537,189 in back wages to 36 computer programmers it hired under the H-1B visa program. The software company, also known as Cybersoftec.com, failed to pay the workers prevailing wages from January 2004 to November 2005. The department also levied fines of $162,750 …

ADEA verdict flies after Boeing’s job offer falls flat

10/01/2007

A former procurement-quality specialist for Boeing Company in Philadelphia does not have to accept reinstatement in lieu of front pay awarded by a jury in an age-discrimination suit, the U.S. District Court, Eastern District of Pennsylvania, has ruled …