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Wages & Hours

How to draft a telecommuting policy

04/01/2007

Q. More employees are asking to telecommute, as are prospective hires for difficult-to-fill positions. If we have such a policy, what should be included to ensure there isn’t any favoritism among workers?

Exempt status in question? ‘Good-Faith’ reply saves the day

04/01/2007

If an employee comes forward to protest that you owe him overtime pay because he should truly be a nonexempt worker, it pays to act fast and be able to show good cause why you classified him as exempt in the first place …

New rules haven’t eased exempt/Nonexempt confusion

04/01/2007

Amid much fanfare, the U.S. Labor Department in 2004 rewrote the rules that determine which employees are exempt from the Fair Labor Standards Act (not eligible for overtime) and which are nonexempt (eligible for overtime). The goal was to ease confusion and lawsuits. But, so far, that hasn’t happened

HR as mobsters: Supreme Court lets workers use organized-Crime law to sue their employers

04/01/2007

The U.S. Supreme Court let stand a lower court ruling that a group of employees at a Georgia carpet company can use state and federal anti-racketeering laws to sue their employer …

Must we pay hourly worker for drive to conference?

04/01/2007

Q. Recently a nonexempt employee left from work to attend a two-day conference. She left at 2:30 p.m. and arrived at the location at 5:00 p.m. I interpret that we should pay for eight hours since her travel was from the work location and within normal work hours. The next day, she left the conference at 4:15 p.m. and arrived back in town at 7 p.m., but she didn’t stop at the office. Since travel time is outside of normal (8:00 a.m.–4:30 p.m.) work hours, is she paid for travel time or just for work hours attending conference? —M.B., Georgia

More clarity on the partial-Day deduction rule

04/01/2007

Q. I have a question about deducting leave for salaried staff. I don’t understand how we can deduct from employees’ paid-leave bank when they are gone for an hour or two during the day, when we don’t pay them anything extra when they work 50 hours in a week. For example, if an employee works 10-hour days on a regular basis, is it OK to charge her vacation time when she leaves an hour or two early? — J.H., Minnesota

In handbook, spell out policies on promotions and pay

04/01/2007

When it comes to promotions and wage increases, it pays to spell out for employees exactly how the process works. That way, you’re less likely to lose a failure-to-promote case or a pay-discrimination suit. …

Automatic deductions for mealtime: Legal, but dangerous

04/01/2007

Take note if you automatically deduct meal periods from your hourly employees’ total hours worked: Although making that deduction isn’t technically illegal and doesn’t by itself violate the Fair Labor Standards Act, it’s a dangerous practice

Johnnie Cochran’s law firm takes aim at poultry processors

04/01/2007

The Cochran Firm, founded by the late Johnnie Cochran of O.J. Simpson-defense fame, has set its sights on the poultry-processing industry, filing lawsuits for back wages and other workplace violations …

Florida’s climate is right for overtime lawsuits; build your defense

04/01/2007

That dedicated employee working through her lunch period, even though she’s clocked out, could be a Florida employer’s biggest future liability …