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Wages & Hours

6 factors that determine independent contractor status

01/17/2012

Today’s tight economy has prompted many employers to try to reduce costs—including overtime—by classifying workers as independent contractors instead of employees. That hasn’t escaped the notice of the IRS and the U.S. Department of Labor, which have stepped up efforts to deter misclassification.

Paying women less, hoping for the best is recipe for Equal Pay Act disaster

01/12/2012
Ignoring an employee’s persistent complaints that she’s being paid less than her male counterparts may amount to a willful violation of the Equal Pay Act (EPA). And willful violations add a year onto the two years of back-pay liability.

Older worker pay maxed out? That’s not bias

01/12/2012
If your company has a top pay level for each job classification, you probably end up giving some older workers smaller raises than less-tenured employees. That’s fine as long as you can explain that the difference is because of your wage schedules, not age discrimination.

Help employees handle their federal income taxes

01/12/2012
Comp and benefits pros have three ways to make tax time easier on employees this spring. Work with your colleagues in payroll and accounting to publicize these conveniences—and protect workers from fraud.

When must lunch breaks be paid?

01/11/2012
Q. Our employee handbook says nonexempt retail em­­ployees can take an unpaid 30-minute lunch break. However, our store is often very busy and employees often take lunch breaks of only 10 to 15 minutes. Should employees be paid?

12 compensation trends to watch in 2012

01/10/2012
The average pay raise will be modest this year—around 3%—compared to about 4% from 2005 to 2008, just before the economy tanked. Here are a dozen pay trends to consider as your organization weighs how to structure compensation in an age of diminished expectations.

Solid record-keeping is the key! Document pay criteria to shoot down EPA cases

01/06/2012

Employers are free to pay em­­ployees different rates based on training, experience and education. You’ll be fine as long as you can justify your pay criteria. However, an employee’s sex is never a legitimate differentiator.

Is there anything in the law that makes it illegal to change employees’ schedules?

01/05/2012
Q. We run a small printing company and have an employee whom we want to move from the day shift to the swing shift. Although this employee has the most seniority, he has the least experience with the presses we run during the day. When we told the employee of our plans, he said that moving him would be illegal. Is he correct? We are worried that if we move him and he quits, it won’t be the last time we hear from him.

What’s a standard workweek?

01/05/2012
Q. What’s the definition of a standard workweek? One of our employees claims that overtime is defined as anything over eight hours per workday. Is he correct?

Amtrak HR exec decides she won’t be railroaded

01/05/2012
Amtrak will give an HR executive working at Philadelphia’s 30th Street Station a salary boost of almost $16,000 to bring her into parity with what the railroad pays men doing the same job. She will also receive a lump-sum payment of $171,000.