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Wages & Hours

Lesson of IBM overtime suit: Clarify exemption status

03/01/2006

IBM faces the possibility of multimillion-dollar legal damages if a court grants class-action status to a pending FLSA lawsuit …

Can you deduct overtime from bank of FMLA hours?

03/01/2006

Q. Can an employer deduct or count overtime hours from an employee’s FMLA balance? Our employees work overtime only from October through December. During that time, they’re required to work 12-hour days, seven days a week. We have several employees on both continuous FMLA and intermittent leave, and we’d like to deduct the overtime hours they would have worked from their FMLA allotment. What do you think? —J.A., Nebraska

Cutting hours is legal, but anticipate bias claims

03/01/2006

Q. Can we legally reduce the hours of full-time employees in one of our divisions because this division needs to cut overhead? —J.B., Massachusetts

Nonunion worker’s pay complaint is protected activity under NLRA

02/01/2006

A new court ruling offers more reason to remind your supervisors to discipline employees based on objective work-based standards. Never punish employees for discussing compensation or job conditions with their co-workers …

States become key battleground in the minimum wage fight

02/01/2006

It may be the Year of the Dog on the Chinese calendar, but it’s shaping up to be the year of the "living wage" in many states. Already, 17 states and the District of Columbia have legislated higher minimums than the federal $5.15 per hour rate …

Revise your overly complex employee review methods

02/01/2006

If your evaluation procedures are too complicated, employees may question whether they’re being treated fairly. Mild suspicions can quickly grow into expensive discrimination lawsuits, as a new court ruling shows …

Decrease in Overtime Hours Not Necessarily an ‘Adverse Action’

01/01/2006

Employees need to prove they suffered some sort of "adverse job action" (firing, demotion, worse job conditions, etc.) to file a discrimination lawsuit. But variations in work schedules don’t necessarily amount to an adverse action. That’s true even if an employee’s altered schedule results in fewer overtime hours …

You may be liable for wage claims from contractor’s illegal workers

01/01/2006

You might think outsourcing jobs to an independent contractor saves money. But if you insist on exercising any significant control over how, when and where independent contractors do their job, you may end up paying dearly in the end if your organization is deemed the true employer …

Immigration Steps Up High-Profile Workplace Raids

01/01/2006

The U.S. Immigration and Customs Enforcement (ICE) is stepping up its efforts to discourage employers from hiring undocumented workers. ICE recently raided a million-square-foot Wal-Mart warehouse in Butler, Pa., netting 125 undocumented workers …

Same job titles don’t demand the same pay

01/01/2006

While the Equal Pay Act prohibits wage discrimination against women, make sure you and your supervisors realize that it doesn’t require every employee in the same position to earn the same salary. If you can point to factors other than gender (seniority, education, experience, skills, etc.), you can set radically different salaries for employees who hold the exact same job …