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Wages & Hours

EPLI coverage: Shopping for lawsuit security

01/01/2002

Even if you draft airtight employment policies and provide expert training, your company could still end up among the increasing number of businesses facing …

Deciding who’s exempt? Focus on employee’s duties, not job title

12/01/2001
Twenty former Tennessee Valley Authority (TVA) employees won back overtime pay when they sued under the Fair Labor Standards Act. The workers successfully argued that they were wrongly classified as exempt …

Exempt or not? ‘Primary duty’ isn’t a time test

11/01/2001
Michael and Constance Baldwin agreed to manage an RV park for a joint salary of $2,400 a month, plus on-site housing. They were on call 24 hours a day. After …

Egg on their faces: Mistakes in paying cooks cost $2.8 million

11/01/2001
Employers who misclassify workers as exempt continue to be hit with big-dollar court awards. In a recent decision, a federal court ordered owners of more than 100 Waffle House restaurants …

Keep Control Over Comp-Time Accumulation

11/01/2001

Q. We have an exempt supervisor who’s accumulated more than 400 hours of comp time over the past year. It’s almost impossible for her to take 400 hours of comp time and do her job. What is our obligation to pay for this comp time? How can this issue best be resolved? —G.H., California

You Can Change Workers’ Hours on Short Notice

11/01/2001

Q. Can we change employees’ work hours on short notice by altering their schedules? Also, we have a part-time employee who’s been employed for a few months working 32 hours a week. She’s preparing to return to work after recovering from a car accident. Can we reduce her work hours? —J.L., Maryland

Lack of time records voids exemption argument

10/01/2001
No matter how long it took Tracy Klinedinst to paint a car, he was paid based on a standard industry estimate used by auto repair shops and insurance adjusters. While his …

… and they’re planning to leave

10/01/2001
In a separate survey by Walker Information, only 24 percent of workers say they are committed to their employer and plan to stay for the next two years. The Indiana-based …

Raise Doesn’t Prove Employee Was Succeeding

10/01/2001

Q. About three months ago, we gave a marginal employee who is pregnant a pay raise in hopes that it would improve her job performance by boosting her morale. Unfortunately, her performance has gone from bad to worse. If we fire her for poor performance, can she successfully argue that the recent raise indicates that she was performing well and that our reason for terminating her was discriminatory? —H.K., Illinois

Keep staff on site, but off clock, during meals

09/01/2001
Corrections officers in Pima County, Ariz., couldn’t run out to Burger King at lunch. During their half-hour lunch break, they were relieved of their duties but still had to stay on …