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Wages & Hours

Don’t refuse to pay commission just because salesperson quits

04/01/2002
Timothy McCabe worked as a sales rep and was paid a salary plus commissions. He resigned after a year-and-a-half, but he didn’t collect some $32,000 in commissions owed him for sales …

Wage gap widens between men, women managers

04/01/2002
A new government report could spark more claims under the Equal Pay Act. It says that not only do women managers earn less than their male peers, but the wage gap …

‘Hybrid’ pay plan can kill exempt status

04/01/2002
A full-time home health care nurse in Cleveland was required to complete at least 25 patient visits per week, for which she was paid on a per-visit fee basis. She also …

Denying pay raise is ‘adverse employment action’

03/01/2002
Salome Fierros filed an internal complaint against her boss for assigning her duties that other lab technicians weren’t required to do. Soon after, Fierros claimed, the director retaliated by denying her …

More reason to avoid overtime violations: Steeper penalties

03/01/2002
The U.S. Labor Department has recently jacked up its penalties for violating minimum wage, overtime or child labor provisions of the Fair Labor Standards Act. The 10 percent increase in fines …

‘Volunteers’ at for-profit companies: Should they be paid?

03/01/2002
Traditionally, volunteers donate their time to nonprofit groups, like the American Red Cross, without an expectation of being paid. Such true volunteers aren’t covered by wage and hour requirements of federal or …

‘Working’ Supervisors and Exempt Status

03/01/2002

Q. We have an hourly worker who oversees both the maintenance and housekeeping departments and supervises two employees. In this job, he has the authority to hire and fire, but he also is a “working” supervisor who performs maintenance in and around the property. Can his status be changed to salary/ exempt? —T.W., Texas

One instance of sex-based pay is enough to prove discrimination

02/01/2002
Despite having applied for the position of route manager, Michelle Hennick was hired for the lower-level job of new account specialist for Schwans, a direct frozen-food seller. Hennick later sued the …

Don’t Withhold Pay as Punishment

02/01/2002

Q. When an employee fails to clock in or out properly, our payroll department withholds that day’s pay until the next pay period as a form of employee discipline. My understanding is that an employer can’t hold back portions of pay as punishment. Am I right? —J.A., Georgia

How to pay employees for fluctuating workweeks

02/01/2002

Q. Our workers have irregular schedules. They may work for two weeks and then be off for three. They typically earn $60,000 to $70,000. Can we pay them every two weeks based on their average yearly income and, if they work more, pay them at an hourly rate? —D.D., Louisiana