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Wages & Hours

General labor doesn’t make manager nonexempt

11/28/2011
Every year, hundreds of retail and restaurant managers sue, claiming they should be classified as nonexempt because they spend almost all their time doing the same kinds of tasks their subordinates do. But that’s not the test. In fact, managers often do double duty, performing manual tasks while also managing their workers.

Part-time after childbirth? Careful how you figure pay

11/23/2011
Here’s an unexpected factor to consider when an employee requests part-time work following childbearing leave: How you set her pay rate may create Equal Pay Act problems.

Don’t let the FLSA’s pay rules snow you under this winter

11/21/2011
Winter isn’t a challenging season just because of the lousy weather. It’s tough on payroll staff, who must ensure that the company’s pay policies jibe with the Fair Labor Standards Act when employees leave early, arrive late or just stay home because of snow. Here are the rules for nonexempts and exempts.

$17 million at stake: Are real estate agents nonexempt?

11/18/2011
The California Labor Commissioner is suing ZipRealty Inc., claiming the company owes unpaid wages to hundreds of real estate agents. The lawsuit is seeking minimum wages in excess of $7.5 million, overtime compensation in the amount of $1.25 million—plus damages and ­penalties of over $9 million.

Don’t want class-action arbitration? Say so

11/18/2011
When claims involve unpaid overtime or misclassification, attorneys representing employees naturally want to handle the case as a class or collective action. Some employers think that if they include an arbitration agreement in their terms and conditions of em­­ploy­­ment, a wage-and-hour claim has to go to arbi­­tra­­tion as an individual claim. That’s not necessarily true.

W-2s: the gift that keeps on giving

11/18/2011

W-2s can give you aggravation, sleepless nights, you name it. Here are the critical due dates, as well as six common W-2 errors and easy tips to avoid them:

That’s not fair! Equity requires more than fair pay

11/10/2011

Conventional wisdom says that paying employees well goes a long way toward making them feel like they’re treated fairly. Not necessarily. Employees don’t consider pay or salary increases as the top factor in determining whether they are rewarded fairly, according to a new study.

Misclassification could cost Dayton cable firm $1.6 million

11/07/2011
A federal judge has sided with the U.S. Department of Labor in an employee misclassification lawsuit against Fairfield-based Cascom, which lays fiber-optic lines for Time Warner Cable in the Dayton area.

How to prevent costly FLSA mistakes with holiday pay & scheduling

11/03/2011

The time between Thanksgiving and New Year’s is a busy time for many HR departments. Questions regarding overtime, holiday pay and seasonal hires often arise. As long as you know the FLSA rules on holiday pay and holiday scheduling, you’ll skate through the season in good cheer.

When salaries differ within job classification, be prepared to offer data explaining why

11/01/2011
Smart employers document all the reasons for every rate of pay, in case someone later alleges some form of discrimination. That way, they’re prepared to justify exactly why one worker earns more or less than another similarly situated colleague.